Sadhana Patil
05 October 2013 at 14:28
Hi! to All
I would like to understand, that how can a partner in a registered partnership firm can sell his share of rights to a investor .
1) A and B are partners in a property (Land)they have equal rights and share that's 50% share in the property ,how can B sell his share to an investor .
2) A and B purchased a property (Land)and are developing the property .
3) Now A and B are not in good terms now with each-other therefor B has decided to sell his share and move ahead .
4) A has cheated B by not giving proper accounts and threatening B to forget his rights .
5) Therefor B stopped the official account of the partnership firm and filed a case against A in the court of Law .
6) Now A opens a fraud account in some other bank in the same name as the partnership firm is known in the partnership deed without informing B and A is the only individual who is operating the account .
7) A without informing B started selling the flats in the property and sold 30% of the flat and transfers the amount in his fraud account. which seems legally wrong.
8) Now how can B get a stay (permanent injunction) in the property and under which act does it stand and what has to mentioned in it so that he can get a proper relief from the court . do he need to make the purchasers of the flat as parties in the case filled .
8) B is now tired of A and his nonsense therefor would like to sell his rights to a investor who is aware of the situation and is willing to buy his share in less .
Humbly requesting all to please advise and enlighten me on this situation .
uma shankar
05 October 2013 at 13:56
We had entered into an MOU under which another party ('x') had to pay us money by periodical cheques. However, 'X' subsequently filed a suit and obtained interim stay for his payment. We have filed a vacate stay petition, but even after 4 months, the same is not heard by the Court, even after mention. I am told that the Hon'ble SC has observed that Vacate Stay petitions should be disposed of on urgent basis, within a time frame. Can anyone let me have citations for such observation/order by the Supreme Court ? Thanks
Vinod
05 October 2013 at 12:20
Dear Experts,
In one of the case husband mother is physically torturing the wife . Normal dowry is asked by mother . What is the way to get legal justice pls explain .
We will highly obliged thanks
GREENKAIJ
04 October 2013 at 23:20
we want suit file in court. and we want lawyer for this matter if anybody ready for this please send your contact number on this forum . then we will contact with you please mention where you are practice? which courts
Advocate@Law Field
04 October 2013 at 15:57
I have filed a Civil Suit for recovery of money. The evidence alongwith the original documents has been filed and matter was cross of the Plaintiff. Now after 2-3 adjournments taken by the Plaintiff I have objected to the same and prayed that cross may be closed and Hon'ble Court has passed such Order.My query is that at this stage, under which Section/Order the Defendant will file application to allow to conduct plaintiff's Cross and what remedy I have if the Court allows to conduct cross of the Plaintiff. secondly can i ask for the cost if defendant will be allowed to conduct the cross?
Rama mohan Acharya
04 October 2013 at 15:07
A contract was awarded to a contractor for construction of a building. An agreement was also executed in which the arbitration clause is also there. As per the contract condition,The contractor was supposed to submit its final bill along with a no claim certificate at the closure of the contract. The contractor failed to execute the job within stipulated period of time and time extension was granted twice. When the contractor request for time extension for third time it was refused and communicated to the contractor. Levying of liquidate damage was proposed on the contractor. The Contractor approached the competent authority for arbitration by submitting a claim. The authority had also appointed a sole arbitrator.
My querry is whether a contractor has the right to invoke the arbitraion at this moment when he has not submitted his final bill? The contractor has not challenged the refusal of time extension in his claim. My understanding is once the contractor submits his final bill along with the certificate, the employer may pay some amount which is acceptable as per the terms of contract. There after, for the remaining amount, the contractor may invoke arbitration. Is it not a premature case since the exact amount of dispute is not determined. Can the Arbitrator close the proceeding under section 32(2)(c) of Arbitration &Conciliation Act 1996?
Advocate@Law Field
04 October 2013 at 15:07
I have filed a Civil Suit for recovery of money. The evidence alongwith the original documents has been filed and matter was cross of the Plaintiff. Now after 2-3 adjournments taken by the Plaintiff I have objected to the same and prayed that cross may be closed and Hon'ble Court has passed such Order.My query is that at this stage, under which Section/Order the Defendant will file application to allow to conduct plaintiff's Cross and what remedy I have if the Court allows to conduct cross of the Plaintiff. secondly can i ask for the cost if defendant will be allowed to conduct the cross?
Rama mohan Acharya
04 October 2013 at 15:00
A contract was awarded to a contractor for construction of a building. An agreement was also executed in which the arbitration clause is also there. As per the contract condition,The contractor was supposed to submit its final bill along with a no claim certificate at the closure of the contract. The contractor failed to execute the job within stipulated period of time and time extension was granted twice. When the contractor request for time extension for third time it was refused and communicated to the contractor. Levying of liquidate damage was proposed on the contractor. The Contractor approached the competent authority for arbitration by submitting a claim. The authority had also appointed a sole arbitrator.
My querry is whether a contractor has the right to invoke the arbitraion at this moment when he has not submitted his final bill? The contractor has not challenged the refusal of time extension in his claim. My understanding is once the contractor submits his final bill along with the certificate, the employer may pay some amount which is acceptable as per the terms of contract. There after, for the remaining amount, the contractor may invoke arbitration. Is it not a premature case since the exact amount of dispute is not determined. Can the Arbitrator close the proceeding under section 32(2)(c) of Arbitration &Conciliation Act 1996?
Thomas
03 October 2013 at 17:19
Sir, Is there a provision to reduce the amount of fine proportionately, if the person is served three days out of thirty days imprisonment, in the case of 1 month imprisonment or a fine of Rs. 2,00,000 ?
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Increment of rent
yes ,either 5%every year or 15% in three years is permittssible increment in rent ,irrespective of agreement or no agreement