Anonymous
22 September 2011 at 09:12
what is the effect of non registration of document required to be registered.agreement to sale if not registered can it be used for any purpose.i want to know can it be used for part performance under 49 regn act.
Anonymous
22 September 2011 at 08:45
Sir State govt. made a policy and included some casts and "Gohrkha Samuday" In OBC. Local Administration on the recommendation of "Gorkha Samuday" ( A society ) included some casts in "Gorkha Samuday" and issued OBC certificates.
Whether suit against local administration lies in the court of civil judge junior division for prohibitory injunction. Or it is a matter of jurisdiction of HC or SC.
I am from the defendants site. Please explain with relevant law or citation.
Anonymous
22 September 2011 at 03:33
Hi,
We have filed an Writ Petition at Bombay High Court against MHADA,private Developer. I have got strong papers through RTI act -2005 which are against respondents, I got it from BMC & MHADA offices & attached it in WP but have a doubt will this papers will be considers by court & what will be the effects.
Jamal Khattak
22 September 2011 at 00:45
Iam law student from pakistan, iam very happy to see your good and great willingness towards your brotherhood. i will give you details of this matter as early as possible. but now this matter, we want to submit review in this matter as early as we can, we already late.
Question ---> whether no confidence motion against president Zila Parishad palwal can be taken up after imposing code of cunduct for election of Member Parlimant Hissar ,Haryana ?
VISHAL AGARWAL
21 September 2011 at 18:03
under land celieng act if the land is in a private limited company , the vesting will be done treating company as a individual or according to its shareholder
the state of west bengal goverment already lost in calcutta high court divisional bench in the year 1997 vs paschim banga krishak samiti & anothers .
westbengal goverment had challenged the judgement of divisional bench in supream court but i dont know the present status
Anonymous
21 September 2011 at 16:19
Dear sir,
I am an Govt. officer. In May 2009 I thought of constructing my house. For the purpose I got in contact with a person somehow known to me in the bussiness. He came to me and we finalised the specifications, rate and the time for completion i.e. one year (hand written by me as he is virtually illitrate). A copy of said paper was taken by him to get it typed in Hindi to form an agreement. As I was residing too far about 150 Kms in hilly terrain therefore I engaged him for construction with material. The work was started by him in May’2009 itself. After few months I asked him for the specifications, he told that I will get it ready soon. Again he said I lost the paper therefore I framed the specications already discussed and handed over to him in English. He again wanted to translate it in Hindi and took it. The progress of the work was too slow. I kept reminding him for the time but my reminder couldn’t do much. The structure of the house was completed more or less satisfactorily except one or two occasions. I also kept reming him for the agreement, again same reply was there. I used to pay him as & when required. I used to come to the look after the site on Sundays.
In Sept’10, (full structure and few finishing items like plastering, PoP, railing etc were completed by that time) he stopped the work stating that he is in loss (may be because of delay on his end) and he couldn’t continue further. I discussed in detail and after adding few more richer specifications of the Item of works still to be executed, I enhanced the rate by 150/Sqft. Again he wanted to get it typed in Hindi. After one or two days he came with the item of works typed alongwith the new rate on a 100.00 stamp paper, which we both signed in presence of a witness each. There was a clause in said document that any extra work will be paid extra.
After long wait we managed to enter into our house in May (last) 2011 (after two years). For our surprise we found that there was seepage on many walls of the bathrooms. The reason was the leakage from the pipeline (poor workmanship of the plumber), which was removed after my persuation once he couldn’t install an European WC properly. The slopes of flooring were not proper and were not laid in proper manner, polising, distempering and PoP is very unskillfully finished. We were force to do the distempering of the drawing room again on our own expenditure. He dismantled the walls on some locations and got the pipeline repaired. The distempering is still to be done properly on said walls. The remedial works continued for about two months after our entry. While the works were in final stage the carpenter left the work because of said contractor and was not ready to work. The contractor was not able to talk and takle him. So I persuaded him, on which he got ready to work if I pay him on daily basis (Said proposal was again submitted by said contractor to me that he will pay but I have to say). I paid about 20,000.00 to the carpenter too. (which the contractor refused to abide at the end)
On his continuing requests for finalisation of the accounts, we sat for the final settlement, which they left after discussion of few points. After two days we again sat and after considering all his extra work done finally it was concluded that an overpayment of about 1,75,000.00 is towards him. On which he got very upset and went away saing that he doesn’t accept this calculation. Again after about a week he came asking what to do. I told him that it is not final and we can sit again if there is any discrepancy It shall be removed and whatever the outcome will be there I will pay him. I never asked to return the money already over paid to him.
There was no contact for about one month, suddenly on 19.09.2011 I received a Regd. letter, which was the notice from an advocate of said contractor stating that he met me on 17.09.2011 for payment and I refused him to pay and abused him (it is a fake story, there was no contcat since one month) It has been conveyed in the notice that still I have to pay an amount of 3,64,000.00.
The advocate has given me notice for payment withing 15 days.
As the limit of the rate provided in the agreement already exhausted, the extra material (door fittings, PVC pipes, pipe fittings, electrical wire and fittings) worth about 15000.00, purchased using my money are still in his possesion other than the tullu pump provided by me. Probably said items were purchased in excess to syphon somewhere (other sites) or to get back the money from the suppliers.
I want to know:
1. What is the status of said stamp paper signed between two parties in the court of law?
2. What should I do to the notice of the advocate?
3. Should I file a FIR for getting the material in his possesion (may be theft)?
I want to avoid any legal wrangle but I also don’t want to pay further. Kindly help me.
Harsh Katara
21 September 2011 at 14:15
My father had taken loan from GE money qround 7-8 years back & was paying EMI regularly but due to floods in year 2006 he could not pay due to heavy losses & also wrote to Bank about the said loss & they did co-operated for delayed payment. As further our financial position did not improve still so my father sought another loan from ICICI & ICICI closed that loan a/c by paying the entire dues & rest was sanctioned as loan to my father but still some penal charges were left so they came home & collected that charges also & since then no cheques of EMI were enchased in Bank.
And today after 4 years been elasped & they called my father stating that he has outstanding of Rs.4000 still to pay & if he does not pay then will be rs.9000/- & also stated that bank has right to recall money anytym they want & further he said we haven't yet gave you NOC so he is demanding & threatning.
As far as i know that if debt becomes time barred it becomes unenforceable as 3 years has already elasped & further loan has been already re-paid so in such sceneraio what should my father do?? please help...& reply soon
Anonymous
21 September 2011 at 14:09
hon sir, with due respeect, i would like to put here my query for sale of vehicle. here we want to make sale agreement of our four wheeler, we sold our four wheeler but yet not made actual transfer of RTO papers. we request you to provide us any draft agreement( or points )to give cover for us (owner) from any mischap happened before RTO transfer. i.e. if any accident, theft or any damage happened from new owner previous owner will be safe, as we already handover the vehicle to new owner. pl guide us as early as possible
Settlement deed
can we create life interest under settlement deed.how settelement deed differs from gift deed.