ANISH KHANNA
05 April 2013 at 18:17
Dear Experts.
I have a property dispute with a builder
Facts
1. Property is situated in Bhiwadi
2. Company corporate office is in New Delhi/ and Gurgaon ( Haryana )
3. Company application/ booking form clause say In case of any dispute only courts of New Delhi or Bhiwadi (Rajasthan). Which was signed in Gurgaon?
4. I filled a case in New Delhi for permanent Injunction
5. Company lawyer has put an application that this case is not maintainable and should be barred under section 16(d) order 7 rules 11 CPC 1908.And is non maintainable.
I had put my query that, is my case maintainable in Delhi courts on your site ( Layersclubindia )
I got expert advice yes it is maintainable.
My question and request
1. If the case is maintainable can I have any order/ Judgment copy of any such relevant case?
2. Or any such clause in CPC that I can stand with
Experts your help will get me my hard earned money back.
Thank You
vijay bhaskar
05 April 2013 at 18:04
A and B entered into an agreement of sale 06-01-2011 and the same is reduced into writing on a stamp paper. B paid a sum of Rs.2,00,000/- to 'A'towards part of sale consideration. 'B' had agreed to get the sale deed in his favor within three months i.e., by 31-03-2011 by paying balance sale consideration. In view of sale agreement dt:06-01-2011, 'A' entered into an agreement of sale with 'C' to purchase another property on 24-02-2011. 'B' has not come forward for registration of sale deed by paying balance consideration and instead paid a sum of Rs.1,50,000/- in the month of April 2011 by way of cheque. There is no acknowledgment of Rs.1,50,000/- from 'A' but 'B' has not come forward even after till November 2011 for registration inspite of oral representation by 'A'. Ultimately, 'A' had sold the property in favour of 'D' for the consideration less than the consideration agreed with 'B'. 'B' remained silent all these days and now on 29-03-2013 sent a lawyer's notice as if my client has not come forward for registration, that he has been demanding my client for registration etc., that my client committed cheating and demanded to pay the amount of Rs.3,50,000/- together with interest.
My client 'A' states that he was always ready by that time but 'B' has not come forward, that due to his failure my client suffered loss in sale consideration. That my client forfeited the advance amount of Rs.2,00,000/- & Rs.1,50,000/- as 'B' failed to fulfill his obligation under sale agreement. There is no written demands except the present lawyer's notice.
Please suggest me in what way I can proceed in order to give a reply.
Gaurav
05 April 2013 at 17:45
My mother has one sister and no brother. Her both parents died many year back and left behind one house. There is no will etc so ideally house should be partitioned/ devided among two sisters (my mother and mausiji). My mausiji (mother's sister) is living in this house for past 8 years in their portion and our portion is locked. There is no legal partition done of the property. They have occupied 70% of property and living in that. Now we are requestin them to do equal partition and for that they are not agreeing. Please let us know how can we get equal partition done of the house between my mother and her sister with legal help? Can we take help of the court to do equal partition of this property? How much time genereally it takes?
mehul
05 April 2013 at 17:25
Dear Sir,
I, m getting labour contract from builder.I have to deposit 5 lacs as a security amount.
Pls. advise, other then work order, what document shell I, ask for more safety.
regards
Durga chatterjee
05 April 2013 at 15:55
Dear sir,
One of my friend named Nidhi went for the Delivery on last year april 30th in a nursing home where she went thru the sygerian delivery. For the same the doctor has hired an anesthetic who has given her injection in waist . post delivery her right leg got paralysed and she is not able to work.
She claimed the same to the doctor but he has just given her 3-4k amount in return and promised her that he will treat her for the disability but now it is almost an year and he has been refusing the treatment for the same.
She is a working women with three young children to take care and due this this permanent disability in her right leg she is suffering a lot not able to work and take care of her family.
I met her last week and she explained the entire situation of her inability to work.
Please let me know your expert advise as how she can get the compensation for her disability from the nursing home due to their negligence.
what steps she needs to take?
Since she is not able to work her financial condition has deteriorated and she cannot hire an expensive lawyer.
Please suggest that what can she do and where can she go for the help on the same.
Regards,
Durga Chatterjee
virender mahajan
05 April 2013 at 14:41
Dear sir.
My father was in liquior business.since 1983-1998.but he has govt debt pending as well as private debt which is huge.i am ca working in industry.i am in very tention sir.the cases are pending .i am very tensed .i want to know whether i am personaly liable to these unexpected debt.i am married ..and whether i have to go to jail also .and extent to which i willl be liable .pls help sir
aditya desai
05 April 2013 at 14:19
DEAR SIR,
(For my block on 2nd floor ,Hall on 1st floor and shop on ground floor).
Builder give me the possession letter on 2006 for my block on 2nd floor ,hall on 1st floor and shop on groundfloor.i occupied hall and block but practically he shut down the shutter shop no 1 and 2 and he frequently told me the wall is to be build up between two shops.But after 2008 i came to know when he opened the shutter by the third person that he has already sell out the shop to third party on 2007 .So i have give him the notice to builder and third party by lawyer on 2008 AND I FILLED CHEATING CASE ON 2009 AT Borivali .Mainly i have no money as i am retired person, and i spend all money in this property.So can i file the suit for possetion under specific performance act .. in 2013.(ie stay order,commissioner etc in ct court..)I want to know is there any time limitation THAT U CAN'T CLAIM THE POSSESSION NOW.
1)Any order is past that we have to claim the possession within 3 years of time limit..?
2)under what section..
Because builder is saying that u should suit a file within 3 years of time limit.
Please HELP I want to know is there any law that we cant claim the possession after 3 years..
thanks for help....
aditya desai
05 April 2013 at 12:31
DEAR SIR,
I want to know under specific performance act there is any rule that you cannot clame after 3 years for possession?
Also i want to know if any order is pass after 3 years ?
And under what reason and when?
thanks for help..
Durgesh Bhushan
05 April 2013 at 11:07
SIR, POA KITNE KE RS PR BANTI HAI OR ITNE DIN KE LYE VALID HOTI HAI
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A company takes projects on cometitive bids. It has offices in almost all the states of India. It has to submit bids all over India and for the purpose requires to issue Power of Attorneys in favour of different officers of different offices. Each of the Power of Attorneys has a different format. Moreover,common seal of the Company is insisted to be affixed on each of such POA. As common seal can be affixed on the authority of the Board of Directors, practically it is not possible to seek Board's approval each time.
Please suggest easy legal way to overcome this problem.