Anonymous
29 June 2011 at 10:04
In my brother's case the opposite party tried to file photocopies of certain documents though it had originals. The trial court refused him. Opposite party lost the case and filed appeal. It sought of leave court to lead secondaryevidences as attested true copies of some documents stating that trial court had refused to take these papers. We contested that these are not same documents moreover party has originals so these should not be allowed to file. The appellate court accepted that there is doubt whether these are same documents but allowed the party to file those copies stating that trial court should have allowed filing of photocopies. The court says that whether originals are available or not, is to be decided later when party proves these documents and not at filing stage. we disagree. pl suggest course available to us
agmoti@yahoo.co.in
28 June 2011 at 23:37
dear,i have purchase a commercial godown on mezzanine floor can i rent this godown 2 third party,the bldg is of trust n if trust file case against me for sub-letting can they vacant me as signed in agreemet before, what precaution i take, n which party can favour by court,n how long it takes if my advocate fight for me,please give suggestion in detail. thankyou in advance
vishal kumar
28 June 2011 at 22:49
A money suit was dismissed for default for non apperance of the Plaintiff as he could not find the next dates after filing of the suit and no summons have been issued to the Defendants. When an application is filed under order 9 rule 4 of the CPC,after three years, whether issuing of notice is mandatory to the Defendants? Can you provide case laws showing that no notice is required under such circumstances? Can you provide case law showing that suit can be restored even after three years.
Anonymous
28 June 2011 at 20:59
My friend entered into partnership with X for running a Cyber Cafe.A partnership deed was got executed & registered.Incidently, my friend is the owner of this shop.according the partnership firm executed a rent deed duly attested by a Notary Public.Due to some dispute,the business has been stopped & the shop is closed since Feb 2010....
1) X has not paid rent since Feb 2010;
2) Shop is closed consecutively for more than 17 months;
3) My friend is idle & needs shop for livelihood.
Please advise with reference to law/judgments etc so that my friend conveniently get rid of this problem.X does not listen to him.Advocates advise for suit (i) for default;(ii)non-functioning of the shop for more than 7 months & (iii) personal necessity.But I am afraid this may take longer time as i.s usually done in Rent?Eviction cases.My friend needs moral boosting too.Kindly advise at the earliest..Obliged.
Anonymous
28 June 2011 at 19:06
my father purchased a land in year 2005 in 2006 due to need of money my father took a friendly loan from a friend. my father being uneducated signed a receipt. the receipt contains the content of agreement for sale of land. but there is no stamp paper affixed. now my father friend have made suit on my father for execution of registered sale deed on basis of that agreement for sale. what hold i do ? is such receipt valid ?
Anonymous
28 June 2011 at 18:28
I had a Bank Term loan availed in 2005 which I couldn't repay since dec 2007. The last EMI instalment paid was in 15 dec 2007. Post dated Cheques issued by me started bouncing from January 2008 onwards until Aug 2008. Now the Bank has filed a civil suit aginst me on 15.05.2011 for the entire loan outstanding as on May 15,2011. According to my lawyer, the Bank is wrong in filing the suit because limitation had already expired on 15 DEC 2010, 3 years after I last repaid the loan, and considering the bounce of my cheques in the said loan account as a valid acknowledgement of debt and filing suit claiming ' Case filed within limitation' will not stand. Is it true?. Is there any case laws about it?
Murugesan K
28 June 2011 at 17:26
Sir,
I bought an apartment from builder and the builder asked a 1 lakh in cash apart from what is mentioned in record (sale agreement). But, the 1 lakh is part of estimated apartment cost I agreed to pay to builder. However, I did not have cash and I gave him a cheque and told him that I will pay by cash and get the cheque back. In the mean time there were quite a few issues in the apartment but the builder did not fix it. I informed the builder that I would pay the 1 lakh only fix the issue and I stopped the cheque. But the builder is saying that he would take legal action. Now my question is:
1. Can he take legal action though I do not have legal liability to pay this 1 lakh to builder?. (Registration is done, possession letter given, EB name transferred).
2. I have fund in my account, but I have only stopped the cheque. Can this be still an legal issue?.
3. Cheque I have issued(dated cheque) about to expire (closer to 6 months). Can he take legal action if the cheque is expired (crossed 6 months)?.
Please advise. Thanks.
Anonymous
28 June 2011 at 17:11
Whether a co-operative society has to necessarily re-invest the interest earned on these funds year after year.
Anonymous
28 June 2011 at 15:58
We have arranged an Motor vehicle Insurance coverage of one of our vehicle Mahindra Bolera Camper from National Insurance CO. Ltd. Policy was issued under LMV category by the Company based on Sales Invoice.
Subsequently vehicle met with an accident & a claim was lodged which is now not being entertained because the vehicle category is mentioned LGV in the certificate of Registration issued by Transport Authority.
Is this NOT A NEGLIGENCE on the part of Insurance Comapany...??? Please advise.
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heavy rent
dear, 8 months before i had an agreement of tenancy with religious n charitable trust the area is 500sqfeet n the rent they are charging me 6500=oo its on 1 floor as signed in agreement of tenancy,i told them the rent is very heavy but trust told me they charge same to another also its been commercial, but some days before i came to know that other tenant are charged by trust the same sqfeet they charging the rent only 1000=00,its unfair to me, is there any help from rent control or charitable commission ican complaint or any option in law which help me to deduct the rent n what the trust law allow the trust to take the rent, please help me in detail so i can go on right direction n can trust vacant me for complaining