Dr.Gaurang N. Gandhi
30 January 2011 at 19:05
Is there any SC authority regarding the company has / bound to pay interest on Security deposit?
The fact of the case is that my client has taken agency/ dealership of a company and deposited Rs.1,90,000/- as security deposit. Recently after 3 years of good marketing and selling, the company had terminated the dealership. can file a suit against the company to get back the security deposit along with interest on it from the date of deposition?
R.Manivasagan
30 January 2011 at 18:40
Dear sirs,
My client presented a promissory Note at me to file a civil suit in Which One Rupee Revenue Stamp is affixed. HE asked me to file the suit for Rs.4 Lakhs. Is that Promissory Note is sufficiently stamped for Rs.4 Lakhs ? shall I file the suit with that promissory Note.
can you give me an idea with exact provisions of law ?
Anonymous
30 January 2011 at 17:25
6 years back, I bought an independent house and sale deed has been executed on my name. 2 years after I bought the house, adjoining site owner claimed that the site belonged to him. The problem was that, the city development authority, while sending the allotment letter, had given a wrong schedule for 4-5 sites in that area. The person who built the house has built the house as per the schedule mentioned in the documentation taking the house behind our site as reference which we later came to know was wrongly specified. Now they have lodged complaint with development authority saying that we should be vacating the land.
Firstly, the error was in the documentation given to us by the authority.
Secondly, the building was constructed not by us but it was bought by us.
Any suggestions what I am supposed to do and will there be any protection to me in the law?
Anonymous
30 January 2011 at 15:34
I have applied for Probate of my father's WILL long time back. The hearing is getting delayed a lot. My opposition party has till now not filed their say. My lawyer is giving a reason that the case papers were lost/not found in record room when they had gone there for certification by the clerk and the same is under investigation by the court. If the case papers are genuinely lost can we file another set of case papers before the court?
Is there any foul play as far as the case papers getting lost is concerned (i.e. can the case papers be deliberately removed from the court by the opposition party by bribing the clerk with the intention to delay the entire legal process of getting Probate?). What else can we do if the case papers are genuinely lost to continue the whole process of getting Probate?
Ria
30 January 2011 at 14:15
Respected experts,
My matter a Regular civil suit is on the stage of final order as the defendant has not filed his written statement in time and non payment of costs ordered by court for wasting courts time raising jurisdiction issue, his defense has been struck off.
However the judge of the court has met with a serious accident and will not be able to attend court atleast for one month or more.
Therefore I want to transfer the matter to another court for final order to avoid delay.
Please guide:
1) what is the procedure for transferring the case to another court ? and
2) How much time will the transfer procedure take ?
3) Is it advisable to transfer the case at this final stage to save time ?
Anonymous
30 January 2011 at 12:34
Hi,
Related to an immovable property purchase, I had filed a suit under Specifc Performance Act , for the registration of a sale deed from the defendent, which got subsequently decreed by the court in favour of me.
As the defendant in question died just after the decree, the legal hires of the defendant could not get the title and teh completion of the supporting activities for the registration ( like getting a survey report on teh extent of land, formation of a pasage road to the property , clearnace of th eencumberane etc ) within the stipulated 2 months time , that court had specified in its decree for the completion of the registration process. As the title was not yet decided, it was not possibe to make any payment to the defendant as there was no party to receive the money as teh owner of the land. Then , I put teh execution application for teh enforcement of the decree , as teh decree had specifically mentioned that as the step to be taken , in case the defendent fails to comply with the order. I fied teh case in 2001 and got teh decree in 2004. This decree was passed after the defendant put a written memo in court agreeing to register the property in my name.
Afetr this the executing court has changed) , and my execution applicatoion has been accepted by the court and an execution order has been passed. This was passed in Mar, 2009. I deposted teh balance consideration in teh court on 5/2006, as per the direction of teh execution court.
The defednat has now filed an appeal against the execution order and is proceeding in teh appellate court.
Now, to bring a new twist to the case, teh survivors of teh original defendant have filed an aplication in the trial court that had decreed the SP suit , that teh decree be rescinded as per section 28(1) of Specific release act.. This is in spite of teh decree directing me to get the peoperty registerred as per the terms of teh agreement and with no specific statement on teh payment of balance consideration , till teh defendent is ready to transfer the property in my name.
How can teh trial court accept such an application , that too after 6.5 years from teh decree, that too when the execution order has been passed on that suit ? Is it violtaion of time limits ? Is it not violation of teh jurisdiction , as a higher court is already hearing teh appeal filed by teh same defendant ? I am at a loss to understand the functioning of teh judicial system.
Some prtienent facts : 1. The original defendant took three years to agree for the registration , whee as our agreement stipulated 9 months as teh time.
2. The part of the land has a diputed ownership, and it is transfered to teh original defendant ( only in land records), but no transfer deed / gift deed exists.. Can a Land record officer decide teh ownership of a land and decide the transfer ? Is it not mandatory that the real owners of teh diputed piece, transfer it to teh party after a seperate sale deed/gift deed/transfer deed ?
3. When court has not explicitly stated for the deposit of the money and teh money need to be handed over only at teh instance of teh registration and not otherwise, can section 28 (1) be aplicable here ?
Appreciate your learned views on this matter..
regards
Shree
Surender Oberoi
30 January 2011 at 11:18
May the Hon'ble members suggest judgments/citations on :-
(a) suppression of material facts
(b) distorted versions of facts/misrepresetnation of facts
(c) false affidavit
(d) false evidence
(e) clean hands before the Hon'ble Courts
Anonymous
30 January 2011 at 09:20
I purchased a property in Tamilnadu by way of court auction on 20.10.2009. But possession was not handed over. When I contacted the property owner to give possession he gave lame execuse for six months. In the mean time i also went to see my cloth business in andhra. I contacted my counsel to take possession of the property and he said it is not possible. What I do?
Anonymous
30 January 2011 at 02:16
Dear All
My mother passed away and has written a registered will. now do we need a executor for this will? my mother has not named any executor.. than how do we proceed in case an executor is neccessary as per law to enforce the will. who should we appoint as executor?
if not required than can the heirs do as mentioned in the will without any executor
regards
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Final decree
Facts of the case :one plaintiff filed suit against 4 defendants for partition. 2nd defendant placed exparte and other defendants have contested the suit. suit decreed. neither plaintiff nor other defendants have filed fina decree petition. can the 2nd defendant who placed exparte file final decree petition ?