Aiswarya
12 February 2013 at 09:46
Dear Team,
I have taken a personal loan from ICICI bank for 1 lakh in 2007 with repayment option of 3 years.
I paid EMI for a year and then was unable to do the same do to poor financial situation and parent's medical condition.
In between I have contact ICICI customer service over e-mail that I need to go for settlement, but didnt receive any response from them regarding the same.
In between the bank have been contacting my other family members, friends, etc to started harassing everyone over phone.
Now I contacted them again for settlement and they fist said I need to pay 1,65,000.00 in one shot. Then when I said I can't make payment for this huge amount, they said it can be 1,42,000.00. Then I told them the settlement amount is half of remaining liabilities towards the bank. Then they said I need to pay 1,01,000.00 plus few thousands more as some charges.
I need help in understanding exactly how much can be the settlement amount and also I need them in EMIs to which they are not agreeing. Please advice me on this.
Thank you!
darshan singh
12 February 2013 at 00:29
dear experts please tell me whether interest can be asked u/o 37 from the date of suit filing or it is given from the date of decree if it can be claimed from the date of filing of suit please provide me the judgment on the same.
thanx
dear experts in our case we don't have any agreement we filed case on cheque transaction.
darshan singh
12 February 2013 at 00:20
can widow ask for partition in her deceased husband's grandmother's property who expired intestate leaving behind a property which is now used by her one of the four sons
The grandmother has left behind 4 sons and 3 daughters and widow is the daughter in law of her eldest son all the sons and daughters are still alive and having children
JMJMJMJMJM
11 February 2013 at 22:14
I had lent a sum of Rupees 8 lakhs to my father-in-law to help him buy a property.
There is no loan agreement or property agreement, etc. But I made the transfer via cheque and have evidence.
Now, my marriage has broken down and we will be divorced. I want the money back.
My father-in-law says he returned the money along with some interest by cash. This is false.
My transfer was money from my salary transferred by cheque which is all documented. His plan is to keep the money himself and falsely claim a cash transaction.
Can I file a recovery suit without any agreement with just proof of transfer? Will it succeed?
I want to get atleast my principal back.
PLD
11 February 2013 at 20:06
We had secured a favourable order from a District Court u/s 9 while Arbitration was proceeding. It was overturned by the High Court and therafter we went to Supreme Court in appeal where a lengthy judgment discussing the merits of the case was pronounced, restoring the order of the District Court.
Subsequently we filed Civil Contempt Petition in the SC against the opposite parties. A very learned & senior advocate appearing on their behalf has contended that "There cannot be a contempt of the Supreme Court in this case since it has MERELY RESTORED the Dist. Court's order and not passed any separate or new directions." He claims that our only solace lies at the District forum not at SC. Our lawyers contend that the Dist. Order has MERGED in the SC's order after merit discussions and hence contempt is of SC.
Would the experts kindly share their views on this matter? Thank you.
soniya
11 February 2013 at 19:13
Respected members,
i have filed one summary suit in the year 2010. the defendant was served though court belief.
In the said suit the defendant has not filed his appearance. There after defendant's through there lawyer took out chamber summons to condone the delay of 48 days in filing their appearance.
In high court judge has absolute the chamber summons and condone the delay.
Actually i being the advocate of plaintiff was not aware with the proper procedure of summary suit hence could not file summons for judgment at that point of time.
Now i took out summons for judgment along with affidavit. The defendant's advocate has taken objection for the same and court has directed me to take out notice of motion for condoning the delay in filing said summons for judgment.
This is to also inform you that defendant has not filed his written statement till date.
My query is that whether court will condone the delay as on the ground that i am not aware with the procedure or almost 2 years delay in filing the same.
will you please help me with the connected JUDGMENT on this issue.
Thanks for giving your valuable time to answer my query.
Thanks.
Adv. Soniya.
Jamai Of Law
11 February 2013 at 18:02
Judicial misconduct (intend to file complaint at HC, but to ensure it doesn't boomrang I need to draft it in proper wordings. Urgently need help)
Are there any case laws as to Fake Proceedings by judge? (exactly ssimilar to fake encounter of a detainee in custody. Detainee albeit he might be a wanted even in numeous murder charges/cases, but in police custody he is vulnerable party)
The case is pertaining to civil suit.
'Fake Proceedings' means Judge falsely purported that Oral Arguments were held and also stating in judgment that 'HEARD BOTH SIDES AT LENGTH', which is contrary to reality (Court had told the Petitioner that 'Judge is too busy' and take adjournment date instead. The senior lawyer of Petitioner expressed displeasure as this had happened twice. But deception played by court and again gave a subsequent short date
On the subsequent date, he rejected application by expressly wording it as .... 'I heard petitioner's ld. legal cousel .... bla bla blaa .... and application has no merits.')
Court steno/clerk who's dishonestly loyal to dishonest judge also played role in preparing the court records of that previous hearing date on which parties were told to take adjournment.
But there are some discrepancies.
How to tackle this.
Is fake proceedings the correct way to express above scenario?
I am not able to find any similar case laws.
Please help
shankar
11 February 2013 at 12:31
my friend and family are living in a house for almost 40 years.. owner has given gpa in my friends favour in 1997 and passed away in 2002... they subsequently registered in 2004 now real estates rowdies are after them for benefits... owner's brother also passed away... now his sons are after this property for gain.. my friends are middle class family and frightened too much please help
i m bhatia
10 February 2013 at 20:55
What is the role of the petitioner at this stage of proceedings
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Borrowing of money
D/Experts,
one of my relative is requesting to borrow from me Rs. 1,50,000, for 2 Years, i want to give the cheque and in addition want something in written from him as follows:
(((On Revenue stamp of 25 Paise.)))
I, Mr. ……………………………………. S/o…………………………………………………………..
promise to pay Mr.…………………………………. S/o…………………………………………, the sum of Rs. 1,50,000/= (Rupees One Lack and fifty thousand only), on or before 13-Feb-2015.
Place:
Date: Signature.
Pls. advice, about correctness and whether its safe and secure.
Thx.