LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Suresh Babu Rai   26 October 2013 at 15:37

Suit for specific performance of contract

Respected Members!
I have filed a suit for specific performance of agreement. The facts of the case are, my client was offered with a house for sale, the sale consideration is Rs.6, 00,000/- in total. My client has accepted for the proposal of the defendant and has paid an amount of Rs.5, 00,000/- as advance (earnest money) six months ago and an agreement of sale was reduced in to writing on Rs.100/- NJ Stamp Paper.
The defendant received the amount of Rs.5, 00,000/- as advance and agreed to receive the balance sale consideration of Rs.1, 00,000/- on or before 01.10.2013. My client went to the defendant on the date aforementioned and requested the defendant to receive the balance sale consideration and to execute a Regd. Sale deed as agreed accordingly.
The defendant for one or other reason was postponing the same under one or other pretext. Finally I have issued a legal notice to receive the balance sale consideration of Rs.1, 00,000/- kept with me as case and demanded to execute a Regd. Sale Deed on or before seven days from the date of receipt of my legal notice.
The defendant received my legal notice, neither have replied for the legal notice nor have executed any Sale deed in favour of my client as such I have filed the suit along with an application praying the court to pass an ad interim exparte temporary injunction restarting the defendant from alienating the suit house to the third parties.
But unfortunately the suit was returned with an endorsement directing me to deposit an amount of Rs.1, 00,000/- payable to the defendant along with the suit.
I have resubmitted the suit and mentioned that. Courts shall not insist the plaintiff to deposit the balance sale consideration as he himself mentioned in the pleadings that he is ready to pay the balance sale consideration towards his part of performance and prayed that I may be heard on bench in this regard.
The case is called for my arguments and the Judge asked me for citation in this regard and adjourned after a week.
Please guide me properly! Thank you one and all!!

rajan chopra   26 October 2013 at 14:38

recovery suit

What is the effect of amount received as compensation in a cheque bounce case on recovery suit filed on same cheque between same parties?

AK   26 October 2013 at 12:54

Evacuation

Good Afternoon Everybody.
My Uncles (Father's brothers) had filed Injunction against us, but they lost the case, we filed Injunction and we have been granted "PERMANENT INJUNCTION" by City Civil Court of Hyderabad. My two uncles and their families are staying there. We used to stay there, but since they filed a case against us, they did not allow us to come in the property. Now that we have won all the cases, we want our property back. What needs to be done, I have been advised by people to file EP (Evacuation Plaint or something).
Kindly advise, what is the right procedure of getting the vacant and peaceful possession of our property back in our hands.
Thank You.

Sreeraj   25 October 2013 at 23:04

Bmc property in mumbai

My parents had purchased a room in a BMC Chawl in 1972. The only document we had made was on a plain paper saying that we had given the part so and so payment and she does not have any rights on the property. This paper was lost in the July 26, 2005 flood along with the other documents. Right since 1972 we have been paying the BMC rent regularly and we have the receipts with us. The name in the BMC office still reflects the first owners name.

Need to know what needs to be done, in case I wish to sell the house to someone else, as we have been residing in the same place for more than 40 years.

Kindly advice

AK New Delhi   25 October 2013 at 18:37

Limitation period for filing civil appeal

My relative filed a suit for possession by partition against me at faridabad court in lower court. I lost the case and appealed to the Sessions court, faridabad. I again lost it in the sessions court. Now I shall file a Leave to Appeal in the Punjab and Haryana High Court. Can you tell me the limitation period (no. of days) I have in hand to file the appeal in High Court?

mukesh jain   25 October 2013 at 17:32

Release of commercial property sec 4/17 land acq.act.

dear sir,
a commercial property acqusition notic under sec 4/17 land acq.act in 2008.by uttar pradesh govt.
the owner filed a writ in the high cout to quash the acqusition, and it was accepted to maintain the status. owner still hold the possesion and doing his business.
In the year 2012 govt of uttar prdesh issued a G.O to release all properties, and given order to D.M,and Lucknow development authority to release the above propertis.and to inform the govt.but they did not take any action on the above matter,till now.
one of the owner is interested in selling his property but he has no clear document from the govt. except the photo copy of the G.O. issued by the state secratery.
please give your kind advice.
thanks

GANGAM.RAJENDER.   25 October 2013 at 10:33

C.p.c order i rule 12 is applicable in dvc case

DEAR EXPERTS ,
DVC CASE HAS BEEN FILED IN THE HON'BLE CORT ,IN THE CASE NO OF RESPONDENTS ARE SEVEN INCLUDING TWO SISTERS.THE SISTERS AND REST ARE RESIDING AND WORKING DIFFERENT PLACES AS ACTUALLY THEY ARE NOT COMBINED FAMILY .
Q1.NOW THE RESPONDENTS SISTERS NOT APPEARING THE HON'BLE COURT,SISTERS WANTED TO FILE PETITION UNDER C.P.C ORDER I RULE 12 FOR HIS MOTHER(R2) IS AUTHORISED TO ATTEND ON BEHALF OF SISTERS(R3,R4).
Q2.IS IT POSSIBLE TO FILE PETITION UNDER CPC WHETHER IT IS ALLOWED OR NOT .
Q3.IF POSSIBLE AFFIDAVIT WITH PETITION IS TO BE FILED OR ONLY PETITION TO BE FILED.
PLS GIVE ME SUGGESTION SIR
THAMK YOU

GANGAM.RAJENDER.   24 October 2013 at 19:49

Femal property distribution

sir my friend had been taken divorce from the court.before divorce they begotten one daughter and she is unmarried ,she is along with the father.his wife not married and she was died on THE year 2011 .she had self acquired property lands which are registered her name ONLY.
1.now her father and brother enjoying the property.will they have right (share) on the above said property .
2.now the divorced husband trying to file a partition suit ,can he succeed in the suit and his daughter have any share (right) in the above said property.
PLS GIVE ME SUGGESTION SIR.
WHICH IS URGENT TO FILE PARTITION SUIT SIR.

vipul shah   24 October 2013 at 18:40

Motor accident claim

Respected sir,

i want to know the status of my specific MACT case. so will you pls tell me the site aggress to track the same?

Thanks

vipul shah

Snehal   24 October 2013 at 17:21

Parking issue in chs

My father is having a flat in society at goregaon East. As my parents are old now so I am parking my car for them in their premises from last 3 years and my 6yr. old daughter also stays with them we are also there many times.
But 2 days before suddenely manager asked for RC book which we gave him then they told us to vacate the parking lot saying that the car is not owned by my father.
Actually this is kind of harrashment happening to my father there are some more payment issues like extra transfer charges have been taken by society i.e. 100000 for which my father is fighting with them on the same.
so they have been started harrashing him by making new new things.
many people are having complaints against committee but 2-3 members are like gunda kind person.
so no one wants to go ahead.
kindly advice me in this parking matter as per my knowledge its written in model byelaws that A member having car is eligible to get parking but it dosent mean that it should be owned by him. now he is 63 cant even drive.
waiting for your reply.