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Anonymous   04 October 2011 at 01:32

Unregistered agreement v/s unregistered executed sale deed

Dear Sir / Madam, let me preface by admitting that this is not the 1st time that i am posting this query, but i seek views for both the defendant and plaintiff side.It may be routine matter for you but to me it means a lot.
"X"-seller "Y"-buyer
on 01.01.11 X entered into an agreement for sale in respect of a flat to Y, for a consideration of 10000/- with a condition to complete the transaction by 31.03.11. Y issued a cheque for rupees 100/- as advance money.X didnt encash the cheque and returned the same on 03.01.2011 to Y and destroyed the agreement made on 50/-stamp paper.
later on 28.02.11, after fresh verbal negotiation, X executed a deed of sale, which carried no reference of any agreement for sale, in favor of Y at an agreed price of 6500/-, but the same could not be registered that day.Later X refused to co-operate for registration.
Y approached court for injunction for sale of said property and specific performance suit, on 118th day from execution of deed fearing that the document may hit limitation under regn act, produced the duly executed sale deed (as document to be relied upon) pending registration and was granted interim injunction.
X then appeared during hearing for extension of injunction, and filed an objection petition stating that agreed price was rupees 10000/- as per agreement dated 01.01.2011 and not 6500/- as in deed.also stated that the agreement for sale had expired on 31.03.2011 and balance of Rs.3500/- was not paid to him.X has craved leave for filing the said agreement, (original destroyed and cheque mentioned therein as advance money has been returned to Y = simply the agreement was never acted upon).
X has not denied or accepted the execution of sale deed dt.28.02.2011 in his objection petition.
X has no other document other than xerox copy of the agreement for sale dt.01.01.2011.
Y has the original executed deed of sale dated 28.02.2011,which carries no reference of the agreement dated 01.01.2011, duly signed and with finger prints and photographs.
what shall be the strategy for X ?
what shall be the strategy for Y ?
shall Y emphasize that the deed of sale is an independent document bearing no reference or obligation of any agreement dated 01.01.2011?
shall Y admit there was an agreement which was cancelled or given a go by with mutual consent ?
what shall be the specific terminology- cancelled / scrapped / given a go by / destroyed ?
Or deny absolutely ?
CAN x ASK FOR AMOUNT NOT EVEN FAINTLY REFERRED IN THE DEED / MEMO OF CONSIDERATION?
CAN JUDICIARY ACCEPT x'S PLEA ON ANY GROUND?

Sheetal   03 October 2011 at 19:38

Gurdianship

Can anyone give me example or refrence of case where Separate guardians appointed or declared of the person and of the property of a minor.

AMAN   03 October 2011 at 18:30

Re: 498a

Hi,

Is it mandatory to get the Arrrest Warrant from the Court in the case of 498a or sister-in-laws's family could be arrested without any warrant also, pls. advice.

Thks,

Anonymous   03 October 2011 at 17:43

Income tax from salary & family pension

Sir,

I an working in Centre Govt department as Senior Assistant. My retirement is on June 2012. My hunsband was retired from Army in 1993 and he died on Jan 2001. Now I got his family pension wef Feb 2001. When I file income tax return, I never show this family pension from Feb 2001. Now If I show this income from orther sources in current return, Is my department or Income tax department questions me about this ? Please tell me what I have to do now ?

VISHNU   03 October 2011 at 17:31

Appeal dismissed in default-resotration

Sir

The appeal dismissed in default. Appellant filed application to restore appeal to original number. Appeal on hearing. Respondent taken up Preliminary objection that earlier appeal was already time barred and hence now it can not be restored as no application for condonation of delay was filed with appeal then.
kindly put opinion legal case law on this matter settled by any court. Whether time barred appeal dismissed in default can be taken up and again heard even if it is time barred appeal? The matter is between court and appellant or respondent can also put points on restoration application before court? Is it mandatory that same judge who dismissed the appeal in default shall decide now present restoration application?
Pls elaborate

Sarfaraz   03 October 2011 at 17:20

Charges of 420

Dear Sir
I am a trader and I supplied some used machine to the company and for which I had not taken any purchase order from the company .Now disputes in the company happened due to partners ,one of the partner is allegating that I and his other partner have jointly done the dealings and for which they are putting me under section 420 what is the way out if you can guide me as police have asked all the documents related to the purchase sale which i am having how to come out of it I am little stressed

Advocate M J   03 October 2011 at 16:02

Recovery suit

Good Afternoon Respected members
I had filed a suit of recovery of money before the hon'ble court. Since several dates the defendant lawyer is not submitting his objection nor the defendant has appeared before the court.
Now under which section can i file a application before the court to fasten the case so that the defendant lawyer will file his objection early instead of tagging the dates and compel the defendant to appear before the case.

Thank you

Anonymous   03 October 2011 at 15:57

Employees sue a civil case against foreign director of a company

Is it possible and practically work out if a General Manager (Head of the operations but, just an employee) of the company file a case against the Foreign Director (Investor from USA) of the company(it is a foreign director's company in SEZ) if the Director stops funding for the company's working capital, not paying the salaries of workers and staff including the GM for 4 months and not visiting the company for 3 months and not meeting the vendors for payment of their HUGE dues, not replying to their emails and not telling anybody whether he will pay or not, whether he will run the company or not.

The company is under shut down status since August 1st 2011, due to non-availability of funds and inability to pay for electricity bill also.

Since the Investor cum Director has left the company just like that to its fate and natural death and staying in his own country USA, please advise whether the GM alone or all employees together can file a case against the Director of the company who is an American national and now living in USA and not coming to India. The Director's confidence is that Indian law cannot reach him in USA and punish him, is it true? Please thorough study and advice.


Thank you.

K.HANMANTHRAO   03 October 2011 at 15:36

How to prove private property

i have purchased an illeagal constructed house at 20 years back with agreement of sale it is in grama kantam not registerd now iam in cont position my neighbour lodged a complaint in muncipality an illeagal constructed house that house is constructed in govt land near temple area they issued show cause notice actually it is not govt land muncipal authorities satisfide, now my neighbor lodged writin high court on that property as it is govt property to direct muncipal authorities to demolish , actually it is sold by his brother only with common passage and common wall . how to prove it is not government property ,actully who has to prove petitioner or respondent

but it is not having any survey number as it is near the temple he is saying govt land it may be in the gramakantam because it was gramapanchyat and not having any record in muncipality every old house is having h no but not area indicated

writ is lodged on muncipality also as it is upgraded from gramapanchayat to ghmc they are not having old records
as it is sold by his brother a part of complanents house

Anonymous   03 October 2011 at 14:00

Gurdians and ward act section 15 application cases

I am maternal uncle(Age 31 years ,Married) of Two minors children(OF my elder sister) who both have lost their parents in an accident.In that regards i am contesting guardianship case with Paternal Grandma of minors Since last 3 years.In brief case summary of matter is, Since the day of accident which tooks 42 months before in which both parents of minors,And My Mother and father along with my younger sister,her husband and their single daughter got expired on spot. And both minors was seriously injured was in coma i look after them give them neccecery care,love,sympathy and done hospitalization for one year.While Grandma and paternal uncle from paternal side never took care for minors.Seeing facts and proofs case Should be in my favor.Only thing The minors parents left with some immovable properties which are situated at Village where paternal grandma of minors residing.though i will be able to take care of those properties along with minors but court might think as opposition demanding grand ma is best person for appointing guardian of such property hence forth she should be appointed guardian for both properties.Actually i am praying children care should be paramount consideration and properties should be always safe for the future of minors whoever court may appoint guardian for that.
In that regard i and my advocate will like to represent reference of such strong cases where i guess section 15 of guardians and ward act utilized where separate guardian for proprieties and minors can be appointed So that future of children will be safe .
so i request to tell me reference of any such case So that justice can happen for both minors.