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jayachandran   04 April 2010 at 11:49

refusal of Letter of Credit

Our client had refused to accept the L/C wherein the purchaser extended its validity without specific authorisation or permission from the beneficiary.
Whether the beneficiary can refuse to accept the L/C.
Will it amount to termination of contract automatically.
What is the consequences.
PL. answer

Anonymous   04 April 2010 at 11:46

refusal of Letter of Credit

Our client had refused to accept the L/C wherein the purchaser extended its validity without specific authorisation or permission from the beneficiary.
Whether the beneficiary can refuse to accept the L/C.
Will it amount to termination of contract automatically.
What is the consequences.
PL. answer

Anonymous   04 April 2010 at 10:04

Mutation and encroachment

Respected experts,
I am in trouble with my immovable property.One person encroached upon my open land to the extent of 50 Sq.Mtrs. out of my 2000 Sq.Mtrs. area before 35 years. In the year 2000 encroacher has mutated this 50 Sq.Mtrs. land in local Municiple Council's name on Property card and shown himself as a lessee of Municiple Council by making fabricated document.The concern office T.I.L.R. has deducted 50 Sq.Mtrs. area out of 2000 Sq.Mtrs.and prepared new C.T.S.Number. On this new C.T.S. number Municiple Council shown in the ownership column and encroacher shown as a lessee of M.C. Now I want to vacate encroacher from my land and delete the name of Municiple council which is shown as an owner on Property Card.Please advice me which legal steps should I take to protect my immovable property in the eye of law?

anshul sangal   04 April 2010 at 07:20

Plaintiff and defendent

Sir my question is if in a one suite there are more than one plaintiff and defendent as as party then is it essential for each plaintiff and defendent to file separate plaint and written statement

anshul sangal   04 April 2010 at 07:19

Plaintiff and defendent

Sir my question is if in a one suite there are more than one plaintiff and defendent as as party then is it essential for each plaintiff and defendent to file separate plaint and written statement

Anonymous   03 April 2010 at 21:44

Citations

Dear all LCI members,

Kindly help me with the full text of the below judgements at the earliest.

1. Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Prayer for amendment must satisfy two conditions (i) that it is not causing injustice to the other side; and (ii) the proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties. 2010(1) Civil Court Cases 579 (P&H)

2. Civil Procedure Code, 1908, O.6.R.17 - Pleadings - Amendment can be allowed at any stage unless and until it is shown that the plea sought to be incorporated by way of amendment, was not in the knowledge of the plaintiff at the time of filing of the plaint or written statement. 2010(1) Civil Court Cases 600 (Allahabad)

3. Limitation Act, 1963, S.58 - Suit for declaration - Limitation is three years from the date when the right to sue accrues first - Right to sue arises when defendant actually tries to assert his right and interferes with the possession of the plaintiff and not when defendant is successful in getting the property in his name. 2010(1) Civil Court Cases 802 (Delhi)

4. Arbitration and Conciliation Act, 1996, S.8 - Arbitration - When an arbitration agreement exists between parties Court is under obligation to refer the parties to arbitration in terms of the arbitration agreement. 2007(1) Apex Court Judgments 407 (S.C.)

5. Wrong provision of law - Quoting wrong provision in the title of an application is never fatal. 2010(1) Civil Court Cases 686 (Allahabad)

6. Civil Procedure Code, 1908, O.6.R.17, East Punjab Urban Rent Restriction Act, 1949, S.13(3)(i)(a) - Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the ground of personal necessity has arisen after the commencement of trial or that the facts which the petitioner wants to plead were not within his knowledge despite exercise of due diligence before the commencement of trial - Order dismissing application upheld. 2010(2) Civil Court Cases 282 (P&H)

7.Clean hands - Incorrect statement of fact/concealment of material facts - Amounts to criminal contempt - Exceptional costs imposed. 2010(2) Civil Court Cases 139 (Allahabad)

Anonymous   03 April 2010 at 20:34

electronic records

if i send a letter by e-mail and take a print out, will this print out be admitted as evidence or some authority has to come and check my computer and certify the genuineness of the mail? kindly let me know. thanks.

Anonymous   03 April 2010 at 20:15

insurance claim in accident

please tell me the time limit for filing insurance claim under the Motor Vehicle Act for injuries suffered in an accident. How much compensation can be claimed for suffering a fracture?

Anonymous   03 April 2010 at 19:31

encrochment

Respected experts,
I am in trouble with my immovable property.One person encroached upon my open land to the extent of 50 Sq.Mtrs. out of my 2000 Sq.Mtrs. area before 35 years. In the year 2000 encroacher has mutated this 50 Sq.Mtrs. land in local Municiple Council's name on Property card and shown himself as a lessee of Municiple Council by making fabricated document.The concern office T.I.L.R. has deducted 50 Sq.Mtrs. area out of 2000 Sq.Mtrs.and prepared new C.T.S.Number. On this new C.T.S. number Municiple Council shown in the ownership column and encroacher shown as a lessee of M.C. Now I want to vacate encroacher from my land and delete the name of Municiple council which is shown as an owner on Property Card.Please advice me which legal steps should I take to protect my immovable property in the eye of law?

Anonymous   03 April 2010 at 14:26

w.p filed under artilcles 226 & 227 to implement the oder

petitioner decesaed, legal representatives have not come on record and hence the W.P. has abated-this arguement by advocates of respondents, admitted by the Honourable High Court & hence orderd that the W.P stands abated, which was not known to the legal represantatives. what is the further course of action available to the legal represantatives to pursue the case?