shrikant chede
20 February 2010 at 16:01
Respected learned experts
My query is as below
A is one of suerty for loan amount ,which is taken by B ,B asset attach by bank due to default Now B has no assets A owns a building having two floors ,bank seize I'st floor for recovery of loan amount being surety ,now bank wants to seize ground floor of A's Residance for recovery of same loan amount . my question is
1)wheather can we bring stay on recovery of loan amount from surety ,from court,if yes then from which court
2)A's mother is 85 year old ,she is ill and advised by doctor complete bed rest
3)A is in GOvt job and his date of retirement 1/06/10 on retirement he will get retirement benifits ie cpf , Graduity etc
4)A is willing to pay the loan amount in installments
On above grounds whether court can grant stay to Attachment of A's House
Anonymous
20 February 2010 at 15:48
Can a person delegating his rights for transfer of shares to somewone can also exercise the same on his own during the subsitenece of Power of Attorney
dhiru
20 February 2010 at 15:12
does declaring a monument protected changes the ownership of monument to archeology then archeology doesnt need to pay for its aquisition
Praveen
20 February 2010 at 12:35
I applied for a residential plot under residential scheme to Urban Improvement Trust and deposited application amount. Plot allotted and UIT issued a demand Note of Rs. 2.30 Lacs. At this time whole scheme area was encroached by the unwanted persons.
I asked to UIT to remove the encroachment so that I can deposit the demand note amount – verbally. But they said first you have to deposit the demand note.
I filed a suit
Most of the plot allotters not deposited the demand note.
One of the allotted person deposited the demand note. And he went to consumer court stating that there is encroachments on the scheme area and UIT has not started any development work.
Court has issued an order to pay an interest to him till the date of removal of encroachments
UIT is conducting Trust meeting in one of the meeting UIT committed that due the encroachment over 80% of the area many of the allotters are not depositing the demand note.
After removal of encroachment some of the allottee approached to the UIT / Govt. to Regularis the allotment and Govt. has issued and order for 15 allotters stating Plot is being regularized and they have to pay the penalty and interest as stated in the brochure of the scheme issued with application form.
I also deposited the Demand Draft in favour the UIT as soon as I came to that encroachment has been removed.
Till date my case pending
May I get the relief and get regularized the plot without any penalty and interest.
anjaneyulu
19 February 2010 at 23:51
dear sir, i am appearing on behalf of the plaintiff, suit filed for recovery of money basing on the pronote,the defendant filed a Sec.45 Evi. petition that when the revenue stamp was printed, actually pronote date is 12-11-2001 but the expert says that the revenue stamp was printed in the year 2002, if, i want to get win, what i will do and how much the judge considers the expert opinion, with relevan citations.
Kumar Krishan Agarwal Advocate
19 February 2010 at 23:14
Dear Ld Counsel's,
What is the difference between these two terms ? When and where they are used as in Plaintiff and defendants suit ?
bhanu pratap720
19 February 2010 at 19:48
CASE LAW on the point that there should be NO FRAMING OF ISSUES(under order 14 rules 1 and 5 cpc 1908 ) at the appellate stage .
B K Raghavendra Rao
19 February 2010 at 19:33
Plaintiff, tenant, has filed a suit for injunction against the Defendants, one owner of the premises and another bank lending loan to the owner, with a sole prayer: Pass decree restraining the Defendants from illegally dispossessing the Plaintiff. The facts are: Tenant has paid lease amount and entered into an agreement of lease. He is afraid that the owner may throw him out of his house unlawfully.
I argued with the Hon'ble Judge, the decree may passed at the admission stage of the suit itself as the prayer sought is a general proposition of law which no one in any event (whether contentions of the Defendants proved or not) has to be followed. But the Hon'ble Judge refused to do so saying that Defendants may be trying to illegally dispossessing the Plaintiff and therefore the plaint.
Why decree should not be passed even before going into the merits of the case?
MSC Shekar
19 February 2010 at 15:31
custodian
Definition
A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manage the property if the gift giver dies before the child has reached the age specified by state law -- usually 21. When the child reaches the specified age, he will receive the property and the custodian will have no further role in its management.
The above definition is obtained from this website dictionary. Interestingly I find this citation in a Gift Deed in which "Permission of Custodian with some No." is mentioned.
My query is what is this Uniform Transfers to Minors Act as mentioned in this definition and where can I get a copy of the same? If the same is now changed / amended what is the new Act named?
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Power of Attorney
Can a person delegating his power for transfer of shares held in his name to someone else by way of specific power of attorney , can exercise those powers during the existence of the power of attorney.