Ashok Kuvadia
01 March 2013 at 00:28
Dear Experts,
QUERY : FICTITIOUS RESOLUTION MANDATORY TO BE CHALLENGE ?
(01) I have filed a Dispute against our Co-operative Housing Society at Co-operative Court appearing in person.
(02) Committee members of our Society had forged and fabricated a consent letter dated 04.04.2003. Wherein it is mentioned that S.G.B. Meeting was held on 30.03.2003 wherein it was decided & resolved to give development right to Mr. ANP.
(03) Earlier to this Society admitted in its letter that Minutes & Resolution was not prepared and maintained since last Six years upto 16.02.2004. Afterward since it is forged, fabricated and bogus, Society created a story that everything is lost. (Means there is no possibility of existence of resolution of 30.03.2003).
(04) Society had never produced Original / Xerox copy of resolution dated 30.03.2003 and it is a fictitious event.
(05) In Co-operative Court I have challenged only consent letter dated 04.04.2003 since that was produced. But I have not challenged resolution dated 30.03.2003 since it is a fictitious event. And supposing that onus to prove it is not on me.
(06) Development agreement executed based on fictitious event of SGB Resolution dated 30.03.2003, but neither original nor Xerox is annexed anywhere in Development Agreement. Even no one is having its Xerox copy.
(07) Now the matter is at a stage of final argument and opponent have raise this point in their argument.
My Query :
(a) Was it necessary / mandatory to challenge S.G.B. Resolution of 30.03.2003 also even though it is totally fictitious event ?
(b) Not challenging of S.G.B. Resolution of 30.03.2003 in the Court since it is totally fictitious event, will remain my dispute incomplete, i.e. meaningless / futile ?
(c) Is there any remedy at this stage of final argument to rectify mistake, if mistake has been done ? What ?
Note: My query is only on limited purpose, therefore tried to briefed the matter.
Regards to all,
Ashok.
shrikant shelke
28 February 2013 at 21:40
R/S
can a Arbitrator set aside a sale certificate in a auction carried out by scheduled bank and further whether he has power to declare the auction held was illegal and bad in law in arbitral prociding filed by borrower.
If ,yes then under which section of ADR Act 1996 Arbitrator has got powers plz also suggest case law if any
Bank is registered under Multi-state co-oprative Act & also governed by Securitisation Act & located in maharastra
vinodkumar
28 February 2013 at 21:21
A,B,C are three brother their ancesteral property is situtated in different places, one bunglaw in gujarat, two resident plot and one bungalow is in goa, now a wants to file a partition suit for that all property so in which court they file a suit, if they file a suit in gujarat, and also need for court panchnama under sec cpc 75 about property situtated in goa then they apply for in that suit, what gujarat courts commissioner can do the commission work in goa? or any other procedure available
Sruthi Aravind
28 February 2013 at 20:54
Can anyone waive a statutory right? can any parties through an agreement waive the right provided under section 9 of Arbitration and conciliation Act?
fact is this.
an Indian entity purchased the entire shareholding of an Indian, in another Indian Company.In this regard, two Agreements were entered into- the first on 10.08.2011 (the “first agreement”) and the second on 10.10.2012 (the “second agreement”). The first agreement was a share purchase agreement which also provided for the consideration payable and for certain condition precedents to be complied with by the Seller.
Following the first agreement, the parties, by way of an exchange of emails agreed on the mechanics for execution of the payment obligations under the first agreement. In particular, they agreed to a staggered payment of the consideration in three stages, each payment being due after the completion of a condition precedent
The first agreement contained an arbitration clause providing for arbitration in Singapore. The law governing the underlying contracts and the law governing the arbitration agreement was not set out in the two agreements.
The agreement also contained a provision which provided that the parties waived their right to approach a Court for seeking any interim relief.
1.can such a provision be added?
2.can the place of arbitration be at a foreign country in this circumstance?
3.does the seat at singapore makes the first part of the Arbitration Act not applicable to this case?
kinjal pakoli
28 February 2013 at 20:28
There are 2 defendant in this high court civil suit, which is recently transferred to city civil court.
defendant No 1. has filled written statement but almost after 1 year of civil suit was filled by plaintiff.
defendant No 2. has still not filled written statement after 3 years of civil suit was filled by plaintiff.
my query is:
1) can plaintiff filled rejoinder after submitting written statement by defendant
and under which CPC provision?
2) can defendant No.2, submit written statement on this stage or here after?
3) since last two date defendant and his advocate are absent. what would be the impact of such absence?
sr_v@user
28 February 2013 at 15:48
I wanted to know how is it possible that we can know the case details online only through suit no & year?
P. Venu
28 February 2013 at 10:07
I am a Central Government servant holding a position of some responsibility. Recently a large number of our stakeholders filed Writ Petitions in the High Court of Andhra Pradesh against the action of our Department in dispossessing them of their holdings without any compensation. I, in my official capacity, is the third respondent in the matter. I had submitted various reports highlighting the injustice in the actions of the Department to the official superiors. The Petitioners had relied a couple of my reports, obtained under the RTI Act, to substantiate their case.
The reply in this case has been filed by a junior officer in the Head Office. The reply is incomplete, false and misleading. What are the options available to me disassociating from this abuse of process of law and ensuring that the stakeholders in my charge are not denied justice?
I had attempted to highlight the subject matter in my articles “Wilful distortion denies to salt pan owners justice” ( http://www. indiatogether.org/2008/apr/hrt-saltpan.htm), Contentious Rule, Incredible Verdict” (Journal of Indian Law and Society, Volume 1, 2009) “Experiments with Falsehood” (http://www.lawyersclub india.com/articles/Experiments-with-Falsehood-2047.asp) and "Once Landholders, now Leaseholders" (http://www.lawyersclubindia.com/articles/Once-Landholders-now-Leaseholders-4832.asp#.US7fdaJTAnA).
thupden
27 February 2013 at 23:50
A executes a sale deed in favour of B. B accordingly pays the consideration amount to A . B then moves for regitration of the sale deed. after months C approaches A with all the orginal copies of NOC given by A to B except for the sale deed and states that B is no longer interested in registering the property in Bs name , therefore she would apply for cancellation of the sale deed between A and B and requests B to execute a fresh sale deed between A and C. accordinly A gives an NOC to C to process with the registration of the sale deed in favour of C.
Same day B calls A to finalize the registration formalities and when A narrates the whole story to B , it comes to surprise of both A and B that C has been fradulently doing the mischief of getting the property registered in Cs name.
Now, B has filed a complaint in the office of Sub Divisional Magistrate stating A is about to sell the property to C and that such process should be stopped.
Where does A stand in this case . He acted in a good faith . Also no consideration amount was taken from B by A.
vinodkumar
27 February 2013 at 21:37
A file a suit for permenant injuction, in civil court for his disputed agriculture land which forgry sale deed made by B, the court grant the intriem injuction apllication against B, now the suit also issue is framed by civil court, now the mater is on evidence stage of plantif side, now the new lawyer who recentely appoint for that suit is, knowledg that in that suit, no any prayer, relief for cancellation for the forgery sale deed, only relief for permanant injuction, now the new lawyer amend the plaint and prayer, he can permitted by court? or at this stage he can apply for amend the court? any supreme court citation which is helping for this fact and situtation?
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Maintanability of suit
whether suit for recovery of amount filed by depositor after liquidation proceeding and deregistration of society is maintainable?
pls give me ciatation.