R.Manivasagan
23 September 2013 at 00:19
I had an opportunity to read the citation reported in 2013-6-MLJ-page 517 (Dr.Jamuna V.Karmegam) by Justice.K.Ravichandrabaabu that the respondent against an exparte order passed in an execution proceedings, cannot be treated as a party to the proceedings unless the exparty order passed against the respondent set aside. if it is so,
1. Whether any subsequent order passed against the same respondents would bind them, since he is not a party to the proceedings?
Dear Seniors and Experts I could not accept the verdict. I am not sure whether i am correct or not?. please
AAVADHOOT. D
22 September 2013 at 22:42
Respected Sir,
Can Revision Petition be preferred against a HC order in WP(it was staying order of EP in which the order was as mentioned in later,below) passed in Aug 2010? It is not 100% in favor of us. "The Under Ground Drainage is for common use of the parties". It ought to have been ' The Under Ground Drainage is "not" for common use of the parties.'
The word "not" is likely to play imp. role in future against me.
Kindly guide.
Rohan Kulkarni
22 September 2013 at 20:12
Sir/Mam
I Kindly request you to provide your qualitative & expert advise on this case :
Pvt Ltd co is in debt of BANK LOAN, CREDITORS DUES AND GOVERNMENT DUES,After demise of Director his shares of 50% in co. are get automatically transmit to legal heirs, their home is collateral security with bank for CC and having personal loan on plot and company is forcing family to come on board,QUEST ...1] whether co. liability shifts automatically on transmission of shares?2] whether family is answerable to BANK for loans 3] co. is badly in debts whether family can hold shares only w/o becoming director?? 4] whether creditors / government can take legal action on family on transmission of shares ? 5] whether family liable for private personal loan of diseased director .? 6] BANK has also seized private FD Saving a/c of family in that very bank , can bank do that legally?
B Singh
22 September 2013 at 19:48
I am co-sharer in the joint property. My brothers do not allow me to enter the premises of property nor I can sell my share since the court had passed status quo and given interim stay. Due to my job at other state my case is also lingering and taking long time. Although my brothers had filed this case on the basis of some fake/false affidavit that I have given my share to them which they have produced in the court. My query is that is there any way my case can go speedy or can I approach the High Court. Please advice.
B S Kainth
22 September 2013 at 14:17
Respected Members ,
I need to file a review against the impugned order of Hon'ble Delhi High Court , New Delhi in a matter.
A Certificate for fitness for Review is mandatory to file along with review application.
I am unable to get any performa for Certificate for fitness for Review .Please help .
With Regards
BS Kenth
S. Fernandes
22 September 2013 at 10:53
Sir,
In execution proceedings I have attached a property of JD. Another person has intervined by filing application under rule 58 of order 21, stating that prior to court attachment, property was mortgaged to Punjaab National Bank and this bank has sold it under the securitization act, and therefore has exclusive title over the property. Accordingly courts attachment has to be withdrawn.
He has enclose in support of his application
the sale deed. But the sale deed shows that seller is the JD and purchaser is this person, there is no mention of PNB anywhere in that document.
My question is could this sale be by PNB to purchaser under securitization act? How can we distinguish between sale under securitization act and private sale??
thanks,
S. Ferdandes.
rajan chopra
22 September 2013 at 06:46
An accused after being convicted in a cheque bounce case was ordered to undergo imprisonment for one year and to compensate the complainant with certain amount.In appeal session court uphold the order of lower court.Accused then moved to High court with the submission and undertaking that since he had deposited the entire compensation amount in lower court he should not be sent to jail in interest of justice.High court accepted the plea of accused with a condition that he will deposit 15% of cheque amount in high court and let him free.Now there is a recovery suit being filed by complainant on account of same cheque issued by accused.Is complainant eligible to recover cheque amount with bank interest with court fee with advocate fee. Since complainant was compensated for the sufferings by the act of accused.
Krunal Patel
21 September 2013 at 18:02
Please let me know an average Lawyer charges to release Cell Phone worth Rs. 5000 to get Judge Order to release it from Police Station.
SAM
21 September 2013 at 15:08
Re: Restriction of number of years of managing committee member.
Dear Sir,
Request all the Ld. Members to kindly solve my query regarding the below.
Could you please do tell me how many times can a member be relected on a managing committee of a Co-op. Hsg. Society?
Can he be re-elected once again or not?
If re-elected once again (eg. chairman, secretary or a treasurer) then how many times he can be re-elected?
Hope you will resolve my query at the earliest.
Regards,
Sam
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Cancellation of agreement
sir,
can an agreement of sale of property be cancelled after receiving consideration?