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Prem   19 October 2008 at 23:16

Educational Trust - Help needed

Dear Sir/Madam,

Where to find the complete set of Educational Trust laws. I'm not a law student. We are running a Educational trust for 25years, presently the trust was running by receiver due to disputes between the partners. The case was sunning for more than 10years. Can anybody help on this items to settle the cases as soon as possible. Or if you want more details about the previous case history for better clarification, i can furnish.

allurisivajiraju   17 October 2008 at 21:26

Limitation Act.

Respected Seniors,

Mr. 'A' obtained a lone by executing a mortgage deed in favour of the Mr. B. on 24-10-1996 with a condition to pay the same by 2 equal yearly instalments with interest. But he did not paid the same exept a part payment on 10-10-2008 for an amount of Rs. 500/-. The said part payment endorsed on the said deed, but it was not registered.

Whether the unregistered part payment dated 10-10-2008 extending the limitation for the deed or not?

Thanking You Sir.

N.K.Assumi   17 October 2008 at 07:53

Extension of Insolvency Acts.

In case of a State where Insolvency Acts of 1920 and 1909 is not made applicable what steps can the honest debtors take to file petition of insolvency. Is there any other alternate remedy?

Ch. Sujatha   16 October 2008 at 21:52

Order 9 Rule 13 of C.P.C.

Respected Seniors,

In a suit basing on the promissory note after service of summons the defendant filed Vakalat through his Counsel and filed his written statement. Later in the trial stage the PW-1 filed his cheif affidavit, but the Defendant not prefered to cross examine him. After 4 adjournments Court has closed the evidence of the plaintiff. In all the 4 adjournments the PW-1 present. Later defendant not adduced any evidence on his behalf. Finally Court closed the evidence of the Defendant and also posted for judgement. Subsequently suit was decreed in favour of the Plaintiff. In the said decree and judgement the Court not used to the word " Set Ex parte".

Within 30 days from the date of the decree the Defendant filed a petition Under Order 9 Rule 13 of C.P.C. to set aside the said decree and the said petition was posted for Counter.

In the above circumstances the said petition is maintainable or not. Please advice me to file a counter to the said petition. Please refer citations if any in this aspect.

Thanking You Sir.

Ch. Sujatha   16 October 2008 at 21:29

Time barred debt.

REspected Seniors,

In one case Mr. 'A' lent an amount to the Mr. 'B' basing on the promissory note on 30-09-2005. But Mr. 'B' not yet paid the said debt.

Recently on 10-10-2008 (I.e. After expiring the time for 3years and 10 days from the date of execution of promissory note )Mr. 'B' addressed a letter to Mr. 'A' therein he acknowledged his time barred debt.

In the above circumstances Mr. 'A' can recover the said promissory note with the aid of the said letter. If yes what is the procedure.

Thankning You Sir.

.   16 October 2008 at 20:34

Confusion over surname

In Tamilnadu many people do not have surname, unlike other states. Instead the son/dauther carries the first letter of father's name as 'initial'.

For example if father's name is Sundaram and son's name is Natarajan, The son will describe his name as S.Natarajan.If Natarajan has a son by name Govind, he will describe his name as N.Govind.

So far no problem. But many forms of Govt and banking agencies etc, either ask for surname or ask the initials to be expanded.

Where surname is asked for, the Tamilnadu people treat initial as surname. So Natarajan will suffix his father's name to his own name and describe himself as Natarajan Sundaram. This is simillar to Ashok Gupta, whose first name is Ashok and Surname name is Gupta.

Where the form asks for expansion of initials, Natarajan is described as Sundaram Natarajan and his Son's name is described as Natarajan Govind.

Thus in one document,the same person is described as NATARAJAN SUNDARAM and in another document he is described as SUNDARAM NATARAJAN.

In one particular instance,the Income Tax department, truncated the name because they are very long in their computer format. The result was that in the Pan Card of grand son (Govind in our example) carried the Grand father's name ( Sundaram in our example). The assessee concerned, living in North India had a particularly difficult time in getting his PAN Card fixed.

Now his employer switched over to a new computer system, which, addresses the grand son with the faither's name.It is like calling Govind in our example as "Dear Mr Natarajan", because N.Govind is expanded to Mr Natarajan Govind.

Now my questionis: (1) what is the legally correct way of stating one's name for Tamilnadu people shwon in the example.
(2)How to deal with the non-uniform way of treating the names by different organisations so that legal complications may be avoided in Future.

Gur Prasad   16 October 2008 at 15:10

Enforcement of Rules

I think no rule can be implemented or enforced from a retrospective effect to the dis-advantage of an employee or worker. If so kind provide the case laws, citations and decisions/rulings of various High Courts & Supreme Court.

Chhaya Soni   16 October 2008 at 14:19

Please suggest

Respected Lawyers of the Forum,

IF one company already entered into Leave & License Agreement with Licensor by which it has been restrained from subletting the premises, can it enter into understanding with its sister concern and grant the same premises to run the office. Or have to take consent from the licensor for the same. Please suggest.

Nishant Singla   15 October 2008 at 22:02

Query about the Wakf Property

My uncle has a shop by the last 40years which is alotted to him by the Haryana Wakf Board. At that time the rent was 2rs per month only. In between Wakf boart filed a suit in court for the increment of rent. Court fixed it up 5rs only. Now, after 20 yrs wakf board now refusing to receving the rent and asking to increase it up to 100rs per month. And the roof of the shop is in very poor condition, and we want to get repair it. So, plz suggest me what we shall do in this worse condition. Is we file a complaint against them in civil court or let the other way to solve the situation.

shivraj   15 October 2008 at 20:54

power of attorney applicability

whether power of attorny can be a withness in any case? plese give reference of any case laws about applicability.