Srinivas Jerripothula
29 May 2012 at 06:43
Dear Sir/Madam
My name is J. srinivas i am an junior advocate. one of my friend has given 50% advance to buy a home and he has written an agreement, which is completely favor of owner. My friend does not know anything about the agreement and he is not aware how to purchase and what to see while purchasing. His broker has done all this things for his commission. The agreement is made for 45 days and for remaning 50% amount he went for loan, but loan has been rejected due to BRS clearance. The owner does not have that clearance, but the owner and broker given commitment that he will get the loan. Sir now the agreement time has completed. he went so many times to get his 50% amount return, but the owner refuses to give that amount also please give me a advice.
satish
28 May 2012 at 23:50
If a person filed a suit in High Court using wrong documents supplied by Govt Officers. And the Govt. is not taking action against concerned Govt. officers.
In the situation, Can I go to media and show the documents to public claiming unresponsive govt.?
Is there any violation of High Court because matter is pending beofore him? However, High Court has not given any stay order/order regarding matter after 5 hearings.
hari sri chunduru
28 May 2012 at 22:27
a gift is made t0 minor by father when the children were minor the mother of the minor was pestering the husband to give property then the father gave gift asking the mother to hand over the to his children when the children attains majority.
the mother after expiry of her husband made will when the children became major the will was made when the minor children attained the age of 80 yrs is the will valid
N.J. MISHRA
28 May 2012 at 15:16
Student withdraw his name from the institute before the commencement of academic course and has claimed Rs. 60,000/- paid as an advance out of total amount of Rs. 200,000/- towards joining fees. Not returned as per the terms of prospectus hence student filed complaint in District Forum for refund of the amount on the ground that he demanded the joining fees on various occassion but institute failed hence committed lack of service. Order passed in student's favour.
Want to go for an appeal. Can we take a stand that we have not provided any service to the student because he withdraw his name before the commencement of the course and we followed the agreed terms and conditions laid down in prospectus hence there is no lack of service. Member please guide me
subalakshmi
28 May 2012 at 13:57
Hi,
We lost our father 23 years.My mother is widow now.She has two children(Me and my younger brother).
When my grand father's(Father's father) property is shared ,what is the amount of property we all 3 leagally can get?
Other than my father ,my grand father has 4 more sons.
My grandfahter is dead now.He left a will mentioning shares for his 4 sons and just my brother.
My mother and my name is not mentioned in that.So I want to know if I and my mother will have any shares on that
VISHNU
28 May 2012 at 12:47
FOR HARYANA AREA LD COUNSEL ONLY:
Recently haryana govt vide a order wef 1 Apr 12 has issued direction to all Public health department that for metered consumers in domestic supply as per Rs 1/per kilo litres be charged and flat rate of Rs 360 be charged for sewage charges.
1. There is no sewage facility provided by the municipal committee to x consumer locality then also they are compelling to pay flat rate as mentioned above in the water charges bill supplied to consumer.
2. whether the act of MC is justified?
rajinder ansh
28 May 2012 at 10:56
sir
it is wrong reading bill of electricity
kindly suggest
thanx
Rajesh
28 May 2012 at 09:33
Problem:
What Plaintiff’s single “Witness” Stated in his Cross Examination?
1. Plaintiff has planted a false witness , who is Managing Partner of Firm ( Commission Agent ) and submitted the following in his cross examination .
2. Witness stated that
“ On the date of execution of sale deed 7th June,2007 , I gave Rs.12 lacs after taking the same from his firm ( Commission Agent) as a partner and gave to Plaintiff aforesaid amount in cash , Without charging interest & any written agreement/receipt and got his signature on my( personal) cash book . ” . Witness further admitted in his cross “It is correct that when I tendered my affidavit in the court, I did not get the books of accounts of my firm certified from the court , Self said that I brought the account books on that day.
On further cross examination , the Witness said that I cannot orally say that what the annual business of the firm is. I cannot say what is business of my firm in the year 2006-2007 orally. I cannot say the business of the firm for the year 2005-2006 or two three years before orally. It is correct that I cannot orally say there was income of Rs.1 lac, two lacs, five lacs 10 lacs of the said firms.”
3. After Witness ‘s Cross examination got over, Defendant came to know from our reliable sources that Witness Firm’s Bank accounts doesn’t depict strong Financial capacity during that period ( 2007-08) and was not in position to lend Rs 18 lakh that too without charging interest . The Witness , being Managing Partner of the Firm ( Commission Agent) has fudged the entries in the books of accounts of Firm and has shown the following entries as he has borrowed from his Firm as a partner and further given from his Account to the Plaintiff all in Cash Rs 12Lakh . In his support Witness submitted an Exhibit - a Statement of account on his Firm’s letter head and signed by himself as partner in his Examination in Chief but not as Annexure of his Affidavit .
After that , defendant cross checked informally from the Firm’s Banks accounts and came to know about very week Financial Position of the Firm . The Firm has filed IT return with Rs 9800 as a taxable income only , perpetual Cash credit limit overdraft etc. Immediately, Defendant filed application for recall of Witness in view of new facts came to our notice . The Court rejected Defendant’s request but Ordered that “ Defendant would be having appropriate opportunity to rebut during his evidence by summoning the said record from the agency from which the same is alleged to have been issued.”
Since the onus is on Plaintiff to prove his “readiness & wiliness” in the case of Specific performance on the date of execution 7.6.2007 . The Cross of Plaintiff is yet to take place .
Please give your opinion on the following
Q. What kind of questions be asked to the Plaintiff during his cross.?
Q. In pursuance of Court’s order , Whether it is prudent or safe to summon the the Records of Account Books incl IT& sales returns,of the Plaintiff’s witness Firm as Defence Witness to know the Financial capacity as well as sources of Rs 12 lakh given to Partner for further lending to Plaintiff ?
Q. What if , Plaintiff ‘s advocate will get the chance to ask friendly questions during cross ?Will that not go against us.?
Q. What Strategy should we adopt while summoning the Firm’s so that it doesn’t harm defendant’s case.?
dev kapoor
28 May 2012 at 08:00
My bro acquired loan from a Housing Co-operative Society after getting its membership in 1990.He continued to pay instalments.In 2000 he paid some money lum sum as the MD told him that this will end the Loan.He paid this amount in Nov 2000 throgh cheque.He has no NOC.After some years i.e.in 2011, when the then MD had completed his term & left the Society, my Bro recieved a letter (ordinary mail)in which he was asked to pay a sum of Rs.53000/-(Principal+interest due).He did not reply but asked the Account's section that he was no more in arrears.Matter did not proceed.Now,on 15-5-2012 he has again recieved a similar letter but with enhanced amount shown due & a threat of suit.I told him the action against him is not maintainale for recovery of arrears of Loan,as any suit after Six years of the last instalment would bar the civil suit.He is not fully convinced.I seek the advice of experts here so that he can be shown the Opiniion on this site & convinced.
Plz advise.
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About harrijan act
Dear all
Greetings
mere uncle ka tenent ek advocate (harijjan, heart patient)hai, mere uncle kaam ke silsiley mein aksar bahar rahtey hain jinki wife ko cancer tha unfortunately few months back she is no more between us.tenent iska fayada uthata hai.. AC ki jagah honey ke bawjood usney landlord se bina permission window irons kaat kar AC lagwaya..usney politics join ki aur hamesha political party meetings ghar par hi rakhwaney laga kyunki meri aunty aur unki beti kuch keh nahin patey they apart from uska portion usney uncle ke portion mein bhi saaman rakhnaa shuru kar diya, jab jyaada hua mere uncle ne usey request ki.. jise usney nahin mana aur ulta uncle par hi chillaya jo karnaa hai karkey bata.. mere uncle ne kuch time baad ussey request ki ki aapkey vichaar hamse nahin miltey aur hum ghar mein shaanti chahtey hain . tenent ne ulta court case kar diyaa ki ye mujhey zabadasti nikalnaa chahta hai.. ab jab ghar mein koi nahin rahta wo ghar khali nahin karnaa chahta.. rent bhi pay nahin kartaa,ulta ab usney uncle aur unkey bete par (jo bahar job karta hai)harrijan act lagwa diyaa hai..
plz suggest ki kyaa kiya jaye... uncle ne aaj tak kabhi koi galat kaam nahin kiyaa hameshaa sabki help karney waley aaj problem mein hain ...
please suggest kyaa kiya jaye