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sudhirghabasu   05 February 2012 at 00:33

Civil revision

dear learned panel of experts, my heart felt wishes.
My query is:- A registered society had filed a suit against us under specific performance for registration of sale deed. society is the plaintiff and we are an individual and we are the defendants in the suit. the suit was decreed infavour of the plaintiff society. Subsequently the plaintiff society had file a n E.P., while the E.P. is in pending the society was disolved, so we filed a petition under section 47 stating that had the society is dissolved there is no person in existence. But, sec. 47 application was dismissed, we preferred a C.R.P., against the order of dismissal. Now, my question is when a person,corporate body or society is not in existence than on whose name the said sale deed can be executed. this is my major ground in C.R.P., the stand taken by the respondents is even than the sale deed can be registered in name of the society which is formed subsequently by them. Please guide me, also give me some relevant citations. thank you in anticipation

vinayak   05 February 2012 at 00:19

Notary of poa

Respected all,

I want to rent out flat in name of my mother...police verificaion to let out flat is must....as my mother is not capable to appear before police, police ask me to provide POA.

Now my question is that For notary purpose does my mother need to appear before notary officer? as she is not able what is other option ?

Can i draft POA myself and notarised it or it require lawyer involvement?

Pls provide your valuable advice and oblige.

dilip kumar   04 February 2012 at 21:29

Give me advice

in the case of personal loan behalf of govt salary based but loan owner will be get the death and his family unable to pay this amount because you have any responsibilties so you tell me what can be do

mohit sharma   04 February 2012 at 18:20

Order xxi cpc

If an application under order XXI of cpc is being dismissed by a court. What should Applicant do, either he should go into an Appeal or in Revision?
Suggest!!!

Dharma   04 February 2012 at 17:01

Types of copy of order (certified, typed, true & formal) and procedure/rules.

What is the formal copy of an order and difference between other types of copies?

I applied for permission for sale the property of a minor. Court has rejected and denied for permission. I decided to appeal in the High Court. My lawyer of the High Court said obtains the formal copy of the order besides certified copy. When I applied for formal copy of the order, clerical staff of the lower court said there is no provision for formal copy of this miscellaneous type of case/order. Some lawyers of the lower Court also affirmed this but my lawyer of the High Court saying that it is necessary for appeal. Then I applied before DJ but he irritate (I can’t understand why) and orally said I can’t do this, however he put up the file in given next date (15th February). Meanwhile my lawyer has filled the appeal in the high court with certified copy but without formal copy of the order. The appeal was marked as defected appeal and given the time for that till next date (22nd February).

What are the rules/procedures for formal copy of an order and what I should do in this situation?

Adv. Rayar   04 February 2012 at 16:38

Change of name

Dear Sir
As per TN Govt Gazette I have changed my name.Now I'm doing a law degree with new name.but all my old certificates including SSLC mark statement are in old name .can i change my name in SSLC mark statement? if yes, please tell me the procedure. Thanks®ards, Rayar

iamprem   04 February 2012 at 15:43

Can law allow bank to give loan based on photocopies of sale deed?

Hi,

First of all my thanks to the forum members where wonderful article, guidance, legal insights etc.

Question:

Can Law allow bank to give loan based on photocopies of sale deed?

If so, what is the use of original documents and whatif that person keep original in some other place to cheat?

reason is lower court judge not applied his mind in above Q, but passed verdict in favor of bank which colluded with its customer and let him free.

background:

Person A mortgaged his house in 2003 by depositing its original documents (sale deeds etc) in Bank A.

Subsequently in 2004, Person A took overdraft loan from CanaraBank Bangalore by depositing "photocopies" of some of the documents, (but not all, this seems to be clear collusion between him and bank managers, otherwise a) how they can give loan on photocopies b) not putting enough effort to recover the money)

In 2006, i bought that property through home loan where my bank did legal verification, cleared the loan from Bank A and took over the papers, paid the rest to Person A. There is no encumbrance including 2004 transaction nor any such info from seller A.

When matter stood thus, in 2009 CanaraBank filed a case against its customer A to recover the money. Since he ex-partied from first instance onwards and they added me as 2nd defendent since i bought the property.

Bank cheated the court from day 1, by stating they gave loan based on "original" documents. Whereas the FIRs filed by the bank, plaint documents, evidence, cross examination everything proved that they have "photocopies". The trial went on from jan'09 to jun'11. The 1st defendant never appeared nor court/bank/police took any action.

Yet lower court judge without applying his mind gave the verdict as, 6month time to 1st defendant to pay the money and in the event when he fails, sell my house to recover. 6month passed and the person not paid money nor Bank tried to recover. Since bank officials colluded, they are determined to recover money from me.

I appealed in High Court and got the stay.

I am not able to digest, whether our law is so pathetic? where,

a) it allows the banks to give loan based on photocopies?

b) not taking any action against the ex-parte defendant #1

c) not at all taking the facts of innocent bonafide purchaser, the 2nd defendant.

So my question again is, Can Law allow bank to give loan based on photocopies?

If so, why there is a concept of original documents, registration departments, stamp duty etc.

Your guidance, citation etc. is highly appreciated.

Thanks in advance,
Prem.

Anonymous   04 February 2012 at 12:35

Motor vehicle act 1988

RESPECTED SIR, I WANT TO KNOW LEGAL STATUS IN MACT CLAIM WHERE OFFENDER VEHICLE OWNER IS EXPARIE, DRIVER WHO IS IN DEFAULT IN ACCIDENT IS NOT KNOWN TO INJURED ONLY BY TRACE OF VEHICLE NOUMBER NAME OF OWNER & INSURANCE CO ARE MADE PARTY IN CLAIM SUIT, BUT CASE IS AT STATE OF DISMISS IN REQUIREMENT OF DRIVER TO NECESSARY PARTY IN SUIT .
DIRVER DETAILS ARE NOT AVAILABLE ANY WHERE NEITHER IN POLICE INVESTIGATION NOR BY OWNER AS OWNER IS EXPARTIE IN SIUT ...
WHAT TO DO SIR
IS IT REALLY NECESSARY TO MAKE DRIVER PARTY IN CLAIM SIUT .

Anonymous   04 February 2012 at 12:26

Fleecing of subscribers by relaince mobile !

Through this medium I want to warn the users of Reliance mobile about the malpractices adopted by them to fleece their subscriber and advice them to be watchful and join hands in stopping it.

I have two reliance mobile and since last few moths they keep sending SMSs saying that your such n such concessional packages ( All India STD pack or Missed Call Alert)are activated that too without asking for them. Dear subscribers and readers I have intimated to them by several mails with copy to TRAI that unless I give a written request do not activate any VAS but the thugs are thugs they keep doing so and every time you have to dispute and fight with these thugs as if you have no other work left to do. What is shocking is TRAI is silent spectator to all such frauds and I do not know if other mobile operators are also indulging in such dirty practices. Pl. therefore don't ignore such dirty tricks by Reliance Mobile to save your hard earned money !

bhawarlal   04 February 2012 at 12:17

Floating rate of interest charged by india bulls

WE availed a Mortgage Loan of Rs. 67.00 lacs from M/s. India Bulls Housing Finance Limited dated 9th December 2006. The loan was carrying an interest rate @ 14.5% p.a. and the EMI is fixed as Rs. 93,000 per month.The Interest rate type was Floating as per loan agreement.
The Mortgage Loan was taken for the purpose of meeting some urgent requirement for our business expansion and for starting of a new ventures. But now the interest rate has been drastically and unilaterally increased from 14.5% p.a. to 21.5% p.a., for which we are facing difficulty to repay our loan installment and interest in time.
As per our calculation, we have so far paid 61 installments total amounting to Rs. 60.65 lacs, out of which Principal was repaid Rs. 2.42 lacs & Interest was paid Rs. 58.23 lacs. This exorbitant rate of interest can not be afforded by us anymore.
The periodical increase of rate of interest is just intimated to us by way of letter without any basis of calculation.
Is there any forum where we can represent about this arbitrary act of India Bulls. Can we ask for lower interest as per any formula or basis for increase in rate to reduce our interest cost burden.