ramesh
09 January 2010 at 22:55
I directly from owner by regd. sale deed I got ferfar and 7/12 in my name in 2002 then again I got 7/12 and paid 2 years NA taxes in 2003 . again in 2005 I paid 2 years na taxes to patwari I have all original documents. now patwari says that these 2 plots are not in my name they are in somebody elses name who has purchased the plots through POA in march 2002( One month before me). I saw his regd. sale deed in which there is no copy of POA enclsed nor any registration no. of POA is mentioned in sale deed . sale deed mentions only name of POA holder. I approached POA holder and the purchaser of the plots they are not showing POA .now what should I do ? The owner says He has given POA but excluding my 2 plots. Pl. advise me what to do ? my name is Ramesh P Gajwani I am from Akola MY email add. rameshgajwani@rediff.com my mob. no 9850550597
suresh jakhotiya
09 January 2010 at 15:04
Dear Sirs
A,B,C &D (4) persons guaranteed a CC limit against hypothication for 9.90 lacs in 1989.
D withdrew immediately within 10 months of signing the guarantee from company.
Bank then enhanced the limt to 18 lacs in 1992 with guarantee from A,B,C of the old and a new guarantor E. Admittedly D did not sign this .
Company went NPA shortly and Bank took hypothicated goods worth 12 lacs in possetion & filed suit against all GuarantorsA,B,C,D &E (5) guarantors for Rs 22 lacs with interest.Defendents included D ,the one who signed for 9 lacs.
Court held that D is responsible upto 9.90 lacs only.
12 lacs value of goods in possession of bank be appropriated for all the defenders and decree for 10 lacs (the balance) was passed against all (5)A,B,C,D & E saying that Balance after Set off is equal to the sum guranteed by D also
Sir, My question is whether any case law or Citation can support my thinking that while appropriating 12 Lacs,court should have satisfied the first limit of 9.90 lacs & then the balance against Enhanced limit. and D should have been deemed to have satisfied his Guarantee of 9.90 lacs.
Pl. provide some Case Laws /Citations & suggest How D should proceed as he can not go in appeal to DRAT for his inabilty to make a deposit.
Thanks & best Regards
Suresh
Anonymous
09 January 2010 at 13:46
Wheather state can take plea of adverse possession against it citizen without acquiring land under land acquisition Act.and if yes than wheather govt can be adverse against its citizen and what about article 300A constitution of india. sachinsdl@yahoo.com
Anonymous
09 January 2010 at 13:37
Wheather state can take plea of adverse possession against it citizen without acquiring land under land acquisition Act.and if yes than wheather govt can be adverse against its citizen and what about article 300A constitution of india. sachinsdl@yahoo.com
krishnamohan
09 January 2010 at 13:12
how can give application to the village office for measuring of our property, how many days will due for coming and measuring the property
kranthi kiran
09 January 2010 at 13:00
Appeal filed before the Joint Collector in a Revenue matter is reserved for orders. Recently appellant died. Order not yet passed. Is it required to re-open the matter to implead the Legal Heirs or not necessary.
DK SHANKAR
09 January 2010 at 06:16
Dear experts,
Happy and very prosperous new year greeting to all of you. Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grievous injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded around 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the bus company. If the court consider the case of hit and run case then also compensation will be less. Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
My sincere thanks to you all in advance.
DK SHANKAR
09 January 2010 at 06:14
One "X" borrowed a sum of Rs. 5,00,000/- from One "A" and deposited his documents of title. Later when "A" demanded payment for the debt "X" gave a cheque for Rs.5,50,000/- towards full satisfaction of the debt. When the cheque was presented for collection it was returned with an endorsement that "In sufficient Funds". Mr. "A" sent a statutory notice under Section 138 of N.I.Act demanding payment. "X" received the notice and sent a reply that he did not borrow the money he gave the documents to his relative "Y" for his bank loan and MR. "A" got the document from "Y" using rowdy elements, and now used the documents and cheque to unlawfully enrich, and "X" does not has a account in the bank and the cheque issued is not his Account. "X"'s relative "Y" is also one of the debtors to Mr."A". "Y" and his father one year back sent a letter admitting that Y borrowed the debt and debt of "X" also. "A" has sent a notice to the "X"'s bank that the chueque was returned for the reasons insufficent funds and not as signature differs? but x states that it is not his A/c. Bank sent a reply that the Account is a Company cheque and "Y" is the authorised person issuing the cheque. It is Now clear that both "X" and "Y" inorder to avoid their liablity "X" issued "Y's" cheque by puting "X" signature to cheated Mr."A". In the mean time 30 days lapsed and now shall i file a complaint against "X" eventhough the cheque was belong to "Y" A/c or file a cheating case under Sec 420 I.P.C against both X and Y. Advice me in this regard.
Dk Shankar
Soma
09 January 2010 at 02:02
a current account holder (Mr. B) in the name of M/s.XXXX a proprietorship firm.
Bank dishnoured cheque even if there was sufficient balance.
Whether a current account holder who hold the account under the name of proprietorship firm is a consumer? (C.P.Act)
Any senior can provide relevant case law?
District Forum saying the complainant is holding the account for business purpose and hence he is a nconsumer.
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Cheque Dishonour
When a bank returns a cheque dishonoured for the reason "Title of Accounts required", what the bank actually means?