Sandeep Didwania
13 October 2012 at 19:31
hello, one of my friend is a mobile dealer and sells mobile to a mobile store on credit,after 2 years of transection the owner of the mobile store suddenly stopped making payment to my client, and his account shows a debit balance of Rs. 1,50,000.he also issued a lawyer's notice asking him to clear the outstanding bill amount, but he did not turn up. now my friend wants to file a money suit against him. he has the complete account statement maintained by him of the owner of the mobile store showing all the details regarding goods sold and cheques recieved by him. he also have the bank statement where he deposited the said A/c payee cheques. but do not have any document signed by the accusd owner.can he file any money suit with such documents??? plz advice...and plz also mention what other documents would be necessary?
Ashish Chaudhary
13 October 2012 at 17:26
Sir
kindly give me advise with regard to the law on home tutions. whether the home tutions are permissible as per law or not. if yes than kindly refer any provision or policy/guidline framed by the govt.
Ashish Chaudhary
Advocate
rajendran
13 October 2012 at 14:37
A entered contract with B to purchase the house which belongs to B. As per the agreement the sale price is 20,00,000/- and B received The advance amount Rs. 2,00,000/- from A the Agreement Period is 6 months. But B was refuse to receive more amount to registered the house. A prefer the Police complaint against A. At the time of inquiry
A agreed to return the advance amount and B was also accepted for the same. A given cheque for the above said advance amount to B but the cheque was returned as 'INSUFFICIENT FUNDS'. B field a suit for specific Performance but it was dismissed. In the judgement Hon'ble Judge stating that When B received the cheque from A the contracts come to end and there is no cause action of suit for specific Performance. My Argument is when the cheque was returned as funds insfficient the cantract is in force. Whether is correct or not? Is any alternative for the same.
M Satyanarayana
13 October 2012 at 08:42
Sir,
There is a partition suit decreed between sister and brother and after preliminary decree sister created a forged relinquishment deed which is denied by borther for non execution and non receipt of consideration and also registration act and stamp duty act. After preliminary decree they approached lower court for final decree proceedings.
At this stage whether there will be a different suit for the said relinquishment deed or in the same the unregistered relinquishment deed may be considered after final decree. Preliminary decree has attained finality upto Supreme Court of India. Please kindly advise how can I proceed to get my share.
Thanking you,
MSN
milind phope
13 October 2012 at 07:28
My dad had given his WILL to my sister in 2009.Dad expired in 2011.WILL says she is the only benificiary of our whole property.Property title says dad was owner of the half of our property and not the whole property.
Sister says in petition in Probate Court that,dad has not named her the executor but just given the WILL to her and instructed her verbally that she should implement the WILL after his demise.
Now is she treated as a Executor or a custodian ?
Would she get the whole property just because Dads WILL says so ?
4WhatIsRight
13 October 2012 at 01:28
We are four inheritors of property bequeath by our father.
Initially we had some conflict regarding to the share in properties, but now we have agreed to mutually settle the matter.
We intend to prepare a memorandum of understanding between us wherein all the heirs are to sign with a condition that we all agree to abide by the terms agreed therein and no one shall raise any further claim even if any contradicting discovery is made thereafter.
We are adding all details of the property and very clearly specifying as to who is to get which property.
We all have agreed to subsequently sign and execute all necessary documents for transfer of title of the property in favor of the one who has been allotted the same as per the m.o.u - deed of relinquishment, release, gift deed and ors. as and when required.
What shall make the m.o.u legally binding to all the parties and to ensure that proper legal remedies are available in case if anyone backtracks to honor the commitment.Will adding an arbitration clause be beneficial?
Do we need to get it registered?
if, yes, then where?-The state where the properties are situated or at any registrar's office.Or in any state where one of us is residing (We are living in three different states and property is located in fourth state)
What is the registration fee which is to be paid?
is there a technical difference (validity in eyes of law) between FAMILY SETTLEMENT and MEMORANDUM OF UNDERSTANDING?
IS there any other safer option available?
WE ALSO WISH TO MINIMIZE THE BURDEN OF STAMP DUTY AND FEES IN TRANSFER OF TITLE.
Adv. Deepak
13 October 2012 at 01:06
A opened joint postal MIS account with his daughter-in-law B and kept Rs.5,00,000/- in the said account. Amount is self acquired property of A. Nomination has been made. Wife of A and his son that is husband of B are the nominees of both. Account is either or. Subsequently A died. On death of A, B closed the account prematurely and withdrawn the money. Wife of A and son of A, that is husband of B filed civil suit against B for recovery of amount claiming that they are the legal heirs of A. B was joint account holder. On death of A, joint account got converted into single account in the name of B, as per postal rules. Will B succeed in the said suit as per Section 14(1) of Hindu Succession Act? Or will the case fall under Section 14(2) of Hindu Succession Act? What are the chances of wife of A and son of A getting success under Section 6 of Hindu Succession Act? What are the chances of B getting full amount? Will B get nothing? Are there any reported rulings of the Supreme Court of Bombay High Court? Experts are requested to kindly extend full cooperation and advice.
Regards.
Sadanand B. Panchal
12 October 2012 at 23:46
Respected Experts,
I am Plaintiff in person in my personal matter being not an Advocate. At the time of primary stage of the hearing of my N/M, I several times argued before Hon’ble trial Court by standing side of the Advocates. The other Advocates including Defendants Junior Advocates respected me and allowed me to argue by standing behind the line of Advocates. The Junior Advocate of the Defendant also requested me to stand at the Chair of the advocate and gave be reading table to keep my proceedings on it. On very important stage of the hearing the head of the Defendants Advocate presented at the time, insulted me and ordered me that I have no right to stand in the rank of the Advocate and further loudly ordered me to stand in the witness box and argue. There was a crowd of about 80 persons before the Court including Advocates and there was Honnour Judge watching the situation. I given respect to the said Advocate and argued the matter through the witness box. This is a real story. When any Advocate arguing his clients matter, his concerned client is always standing at the side or behind him, not at the witness box. It is the real fact that because of the clients matter the respected Advocate is appointed and appeared before Hon'ble Court. I experienced that the site where the respected Advocate stand is safe to hear each sound of the parties Advocate as well as Hon’ble Judge. I found difficulty that I cannot hear properly through witness box and also Hon’ble Judge first time supposed me I am standing to give evidence before Hon’ble Court.
Please inform me whether Plaintiff in person can argue his personal case by standing in front of the Hon’ble Judge of Trial Court? Kindly in future any Advocate insult me as aforesaid what shall I do?
Regards,
Sadanand B.Panchal
ROJA shree
12 October 2012 at 22:01
Sir/Madam,
Am in my own house for past 10 years without any prob. Recently, I had undergone heart surgery and been admitted in hospital for past 2 months. During that time, my neighbour did some act, without my knowledge , due to which, my septic tank had broken & his drainage water is entering into that. How can I prevent it legally & immediately? Can I give complaint to Commissioner directly for immediate action ?
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Recovery of money
A sells goods to B for over 4 years . suddenly B stops making payment and A reminded him several times to makes the payment but B dint paid any amount. A shows the debit amountof B in his last Balance sheet as debtors. Can this be a ground for filling money suit against B??