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

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sharvani vishwas jadhav   13 August 2013 at 16:47

Personal loan

I have an query about personal loan repayment.My friend has borrowed Rs.50000/- from a bank in 2008 having installments of Rs.2068/- for 36 months.He can manage to pay upto 13 installments.But due to losing the job he can not pay further installments.After this in 2011 bank has filed cheque bouncing case for rs.7000/- which he had paid to the bank also after that a sum of Rs.4500/- has been directly withdrawn by bank without any intimation.Now my friend wants to close the loan but bank by threatening to lodge court case demanding more amount.Can bank file legal suit in case of personal loan and how can we prove our intention to repay the loan in the court?

Anirban Gope   13 August 2013 at 15:47

Specific relief act and registration act

As one of the co-sharers is unwilling to perform and the other co-sharer, is willing to convey the title of his undivided share to me. Prior to that By a registered Agreement for sale both the co sharers agrees to sell. Now can I proceed with sale deed for 1/2 of share and get the sale deed registered. And thereafter Can I filed a suit for Specific performance of Contract aganist the other co shareas by virtue of the said registered agreement for sale.

Avanti Potnis   13 August 2013 at 14:55

Need advice on registered will

My grandmother-in-law had made a Will and it has been registered also. Unfortunately the Will has been lost by my father-in-law. Could you please tell me the process of retrieving the copy of Will. The will was registered in Pune, Maharashtra, India

K PALANIVEL   13 August 2013 at 14:26

Land acquisition

Sir,
A writ petition file against land acquisition. The Madras HC quased quashed 4(1) Notification in 2009 and mentioned that the TN govt. wants to issue a fresh notification, but till now the govt. has not issued fresh 4(1) notifiction. So, i want any time period is there to issue 4(1) notification from the date of judgement.

Naresh Desi   13 August 2013 at 12:49

Recall application

Hello

Earlier too I have mentioned my query at your blog. So far no response has been received. Can you please give me your quick guidance mention below.

1. Recall application can be maintaiable after 13 years when the decree has been passed.

2. My opponent says that his signature was been forged in consent decree. And he submitted a private forensic report. Is't valid in Civil Court?

Do you have any kind of citation regarding this issues from supreme court.

Waiting for your earlier response.

Please do email me on desai_rups@yahoo.com

Thank you

Naresh Desai

Malancha Ghosh   13 August 2013 at 11:15

Water leak from the above flat but the owner is not ready to repair

I'm living in Kolkata, west Bengal.I have a second floor flat with two flats above me. It's a new building built almost 4 years back.I have lost count of the amount of water leaks I’ve had from the flat directly above into my property. The landlord above is so difficult and arrogant. He is neither repairing this by himself nor allowing us to repair the leaks by our own cost.The situation getting worse day by day. Please suggest what can be done.

yashoda   13 August 2013 at 09:30

Property(plot) sold and registered with out having right

I am yashoda 88 years old. My husband expired in the year 1992. We have 3 ancestral properties i.e

two similar buildings,one plot of size 2000 sq.yards(which includes a temple constructed by our fore

fathers in the area of 1500 sq.yards and balance is vacant land). Actually these three properties are

in the name of my husband . After his death according to his instruction a oral partition took place

between me and my two sons. Accordingly those two buildings have come to their share (one builiding

to each) and the 2000 sq.yards (temple+vacant land) has come to my share.

Accordingly I gave affidavit to my sons to make them able to get the name changed in their name in the

muncipaliy. From that day they are enjoying their share properties and they themselves paying muncipal

taxes.

But the temple and vacant land till today in the name of my husband and my self paying those muncipal

taxes.we don’t have any registered document in this respect since it is coming from my husband

forefathers. But in the muncipality still it is in the name of my husband.

Just 2 years back my elder son expired , then his wife and his son sold some part of vacant land (which

actually come to my share) and the sale is registered. After registration only I came to know that they

did this thing and how they believed the party who purchased it just by using proof of muncipal tax

payment slip. They conviced the buyer that they have the right to sell as it is in the name of father in law

and they are the right persons for sell it. The buyer bought it just by depending upon their explanation

and because of the reason they are selling it for very low price.

Then I filed suit in the honourable court against my elder son’s wife ,their son and buyer. I also got

perpetual injunction order. The court has taken my oral evidance by coming to me as I cannot go the

court because of age. The suit is running for last 2 years. Recently I amended my suit by introducing a

request to cancel the registered sale deed.

Even the recent half year ended muncipal tax is also paid by me.

Please guide me on this and why the court is taking such a long time to decide the case infavour me

even the defendants have no proof of owner ship in their name(just they have a previous muncipal tax paid copy in my husband name)

What the order we can expect from the court finally.

Tashi Norbu Basi   13 August 2013 at 09:18

Counsel for defendant

I have filed a civil suit against my old school (I was once a teacher there). The school is represented by the Principal. The vakalatnama appointing the advocate is signed by the Principal and says that the advocates are representing him.
Our case has been going on for several years now. On the last date the Court fixed date for filing of evidence of defendant. It was only then that the advocate informed the Court and me, that the school has had a new Principal for about a year now.
My questions are:-
1. Since the vakalatnama states that the advocates are representing the Principal, can their representing the school (after the Principal who signed the vakalatnama had resigned) be legally valid?
2. Should the advocates not have filed fresh vakalatnama signed by the new Principal?
3. If the advocate could not have validly represented the school (after the old Principal had retired) what happens to the hearings which were conducted in the intervening period?

shuaib zakaria   13 August 2013 at 00:13

Suit for partition





propreitor
[ Scorecard : 49] [edit]
[edit photo] Posted about 3 hours ago




my grand father( muslim )died intestate in 1948 leaving residential property measuring

65000 sq ft open space with 5000 sqft built up commonly occupied by the family consisting of 6 branches

my uncles 5 branches and my father one branch , they got the same partitioned in 1971 via a registered deed

and the same is kept in common among all six branches ,

my father expired in 1975

now i have moved to court seeking partition with seperate possesion of my share

as the other five branches are claiming that my share has been relinquished orally by way of accepting cash

and also they are claiming that it is time barred for claiming share as my father expired in 1975

kindly help and guide and provide information on the same