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Amar Kumar Sahoo   06 April 2012 at 00:46

Jurisdiction

Dear Sir,
Plaintiff had deployed his vehicle hire basis from Rourkela to Bhubaneswar and back as per the terms of contract (i.e. in form of letter issued by Defendant No.-1 from Jamshedpur to Bargarh containing the terms and conditions for deployment of vehicle by the plaintiff with the defendant’s company) accepted by the plaintiff from Defendant No.-1 which is the Regional Head Office situated at Jamshedpur. Defendant No.-2 is Area office situated at Bhubaneswar and the alleged vehicle was deployed from Bhubaneswar Office to Rourkela Branch Office and back. After expiry of contract period (i.e. for one year) some outstanding due was disputed with the Defendant No.-1 & 2 as alleged by the plaintiff for which the plaintiff has filed a money suit at Sambalpur Civil Court.

The plaintiff is staying at Bargarh having his transport office where he had accepted the contract. When the outstanding due was disputed by the plaintiff with the defendants, the plaintiff availed his advocate service who is staying at Sambalpur and issued pleader notice to the Defendant No.-1 & 2 before filing of the present money suit and in the said pleader notice the advocate of the plaintiff mentioned the address of the plaintiff as at Bargarh. But while filing the money suit at Sambalpur the plaintiff impleaded the Sambalpur Branch Office of the defendants company as Defendant No.-3 who is no connected with the dispute between the plaintiff and Defendant no.-1 & 2 and neither party to the contract for deployment of vehicle nor any pleader notice has been issued to Sambalpur Branch Office nor any pleading has been averred in the plaint that the defendant no.-3 has related to any type of transactions with the plaintiff nor any cause of arose within the jurisdiction of Sambalpur. The plaintiff has impleaded the defendant no.-3 as party to the suit only to drag the jurisdiction of the Sambalpur Court and the address statement of the plaintiff has been mentioned in suit as at Sambalpur but all the transactions/correspondences has been made with the Defendant no.-1 & 2 by the plaintiff from Bargarh address. The Hon’ble Sambalpur Court has admitted the suit and on receipt of the notice from the Court the defendants appeared and filed a petition U/O.7, R-11(a) of C.P.C. for rejection of plaint on the ground that no cause of arose either within the jurisdiction of Sambalpur or with the Defendant No.-3.

Bargarh and Sambalpur are separate Districts of Odisha having competent Courts.

My legal query is whether suit is maintainable at Sambalpur and whether I have filed the above petition properly for rejection of plaint. Friends, please guide me with your suitable opinions and case laws.

rajvinder singh   05 April 2012 at 22:44

Memo of appearance

is there any latetest authority of SC by which memeo of appearance has been nullified pls tell

Ayush   05 April 2012 at 19:34

Property law

hello experts,

a property is in possession of A but he does not have any ownership proof except the record of municipal corporation i.e. the name in the assessment register. now he wants to transfer the property to his daughter in law. how can A do that so that the daughter in law become owner and becomes enable to further sell the property.

sujeet verma   05 April 2012 at 19:04

Cheque bounce case

HELLO SIR I HAVE DEPOSITED A CHEQUE IN MUMBAI
AND IT IS BOUNCED NOW I WANT TO FILE A CASE AGANIST HIM BUT I M CONFUSED WHER TO FILE THE CASE BECAUSE CHEQUE ISSUED FROM AGRA UTTAR PRADESH AND I M LIVING IN MUMBAI SO I DEPOSITED IN NOW I AM CONFUSED WHER TO FILE THE CASE PLEASE HELP ME IN THIS CASE

AAK   05 April 2012 at 17:53

Admissability of multiple statement of accounts

Dear Experts,

Kindly advice me on the followin issue

My client were using DOS based system (old system) of accounts till 2009 and later on adopted window based (new system) of account from 2009 onwards.

one party use to place the material orders since 2007. In both the systems the transactions taken place. For material sold before 2009, payments were received under old system and materials sold after 2009 were entered under new system. Thus they created two accounts of single party.

How much these accounts are admissable in evidence?
Can a two statement of accounts can be maintained for single party?

sudhakar s. yeradkar   05 April 2012 at 15:01

Information about rti act.


Whether RTI Act applicable only to Government sector or Private/Corporate too?

We seek your expert opinion at the earliest.

Thanks & best rgds,


Sudhakar Yeradkar.

shivanu   05 April 2012 at 12:26

Info

1) How a registered "WILL" can be challenged after 10 years and after death 5 yeras total 15 yeras in Indian Law


2)Hi Can u plz tell me the meaning of "Order Has directed the parties to the suit to maintain status-Quo with respect to :Title and possession of the suit property I.e house num".


Does the above mention point states its a "Stay" not to do ongoing construction or one cannot sell or transfer property .


Can we still do construction on the said property if we have got the notice with respect to title and possession.


I request you to please let me know what is the possibility and i will further decide .

N.J. MISHRA   05 April 2012 at 12:17

Addendum to reduce rent amount

I, N. Mishra, working as a legal officer in a private limited company.
Our company has taken on rent a commercial premises admessuring about 2000 sq ft, now they have observed that the entire premises is not required by them and out of 2000 sq. ft. they actually need only 1500 sq. feet. In respect to this, company approached licensor and aked him to reduce the rent amount to which licensor agreed. Now i have to draft addendum to Leave and license in respect to aforesaid but i am confused how to start and what to mention.

Dear Member please help me in drafting addendum to leave and license agreement.

Maran9500028999   05 April 2012 at 12:10

Landlord-subtenant-tenant prblem

Dear all, Landlord have leased out his shop to A party after receiving adv and rent of 2000/-. A started business for some year and let out to B party after getting adv and monthly rent of 4000/-. A receives rent of 4000/- and pay 2000/- to the landlord. Now last month, landlord got the new and locked the shop, where the party B talked with landlord and made fresh adv of 2lac and monthly rent of 4000/-. B party informed this to A party and asked the adv amt to return, A party returned half amt and went to police station and registered a case against landlord and B party saying the A party materials are in the shop and B party and landlord are disturbing him.Police authority threatening the B party and landlord and asked the B party to vacate the shop and give to A party. Whether the police have authority to file case against B Party and landlord, and what is the procedure to be followed.Please help me

Shehzad   05 April 2012 at 12:02

Managing committie

If a member of managing committie has expired can it be run with remaining 8 members or if they decide to choose a new member can the existing managing committie select any new member as per thier convienience and benefit????