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Anonymous   20 December 2010 at 17:58

BANAKHAT (TOKEN AMOUNT)

INCASE WE SELLS PROPERTY IN 1000000/- AND SELLER TAKE 150000/- AS TOKEN MONEY ON BANAKHAT BASIS AND PUT CONDITION IN BANAKHAT THAT PURCHASER WILL PAY REST MONEY WITHIN THEREE MONTHS FROM THE DATE OF BANAKHAT TIME TO SELLER.

NOW PURCHASER CANNOT MAKE REST PAYMENT WITHIN 03 MONTHS SO NOW THIS BANAKHAT CAN BE FORFITED EVNTHOUGH SELLER HAS TAKEN TOKEN AMOUNT MORE THAN 10% OF TOTAL SALES AMONUT

BHAVESH Y KAYASTHA   20 December 2010 at 17:57

BANAKHAT (TOKEN AMOUNT)

INCASE WE SELLS PROPERTY IN 1000000/- AND SELLER TAKE 150000/- AS TOKEN MONEY ON BANAKHAT BASIS AND PUT CONDITION IN BANAKHAT THAT PURCHASER WILL PAY REST MONEY WITHIN THEREE MONTHS FROM THE DATE OF BANAKHAT TIME TO SELLER.

NOW PURCHASER CANNOT MAKE REST PAYMENT WITHIN 03 MONTHS SO NOW THIS BANAKHAT CAN BE FORFITED EVNTHOUGH SELLER HAS TAKEN TOKEN AMOUNT MORE THAN 10% OF TOTAL SALES AMONUT

N.J. MISHRA   20 December 2010 at 17:34

place to file case

please member suggest me

i am a legal officer in a ship managment company having its head office at singapore and other office at mumbai and kolkata.

the company appointed one chief officer for its ship. a contract was signed by the company at its mumbai office whereas the the person who was appointed as chief officer for a ship signed the contract at kolkata, he is also a resident of Kolkata, he signed on a xerox copy of the contract dule signed by the company.

he was to board a flight from Kolkata to delhi and from delhi to dubai to board the ship from port in dubai.

he abondoned the contract at kolkata by saying that his father in law is not feeling well and later send mail to the company that he joined some other shipping company.

i just want to confirm where to file a case fro breach of contract either at Mumbai or at Kolkata.

Member (Account Deleted)   20 December 2010 at 13:54

criminal remedy after civil

We lost a service matter in civil petition on behalf of some forged documents produced by respondents.
There was a criminal part in the case initially too, which has not been touched by the civil court.
However, these grounds were included in civil case but not considered or decided by court.
Q. Can we still initiate criminal proceedings against the respondents apart from the relief sought in service matter, for the criminal offences committed by respondents earlier and during proceedings of civil case?

Member (Account Deleted)   20 December 2010 at 13:37

limitation law

If an application for certified copy of a judgment is filed after 45 days of pronouncement by high court, how will the limitation be counted for SLP, i.e. by the date of judgment or recieving of certified copy?

Anonymous   20 December 2010 at 12:09

Party adding

Dear Sir,

Respondent filed a petition to party adding (District Collector, Mandal Revenuew office) to prove land ownership. But that petition was dismissed by the Honble Court because Government involvement is not necessary to this case. Again Respondent filed a petition to suvey the land through Govt.suveyor though commissioner. Please suggest to me how that petition will be dismissed by court with any decisions.

Bhasin Panks   20 December 2010 at 11:34

Harassment by Police

Hello,
I would like to seek the experts' kind help in advising me on a very unsavory condition & abusive behavior, that I faced at the hands of Delhi Police staff.
On Dec 19th, while i was waiting at a red light, an auto driver driving fast hit my car from behind and broke the back light worth aprox Rs. 4.5K. As was expected, the driver pleaded that it was a mistake and was not carrying enough money to compensate. He handed over his license and auto papers (which was not in his name anyway). I gave him my cell number, told him my address and made him note my car number. He did not want the call to be made to 100, as he was very new as a driver.
As i was already late to pick someone from the railway station, i asked him to visit my locality police station in the morning the do the settlement of damages.Next morning, I was advised by the police to lodge a complaint against him stating the facts, which I duly did. When the driver came in the morning, with his family, he agreed to pay max only 1/4th of the damages and during all these discussions my father (a heart patient and a senior citizen) and i were called to the police station 4 times. Later on this driver, got a false complaint registered against me for extortion and physical threat, with very blatant involvement of the police (one SI was clearly dictating to him what to write in the complaint so that i would be in trouble, right in front of my father).
Though i went to the police station, my father & i were ill treated, abused, harassed like a common criminal. Reason -that i forcibly took all papers and was asking for Rs. 15000!!
Even the SHO was rude and didn't want to even listen to us. As I was not at home, policemen were sent 3 times to my house where they rudely behaved with my wife.

While my arrest papers were being filled, and I was about to be whisked to lock-up, when my father had to to go the area councilperson and seek his help in getting me out via the SHO.
Even then the SI was abusive and relented to release me only after forcing me to write an apology letter.
I am shocked beyond words that the police takes the culprit's side. My fault was only that i was polite, following the rules & TRUTHFUL all thru.My friends later told me that this was all a drama to extract money from you. They had to stop this charade only when the the counciller heard our case and then questioned the SHO.
I lost money on my car damage, my father & I took so much humiliation, wasted entire day, and feel cheated in the entire episode.

I seek your kind advise on how should i seek a recourse.

Anonymous   20 December 2010 at 10:55

BEDAKHLI BY THE WAY OF NEW PAPER

If a father BEDAKHAL his Son and Wife of Son due to 408, 409 and 498A, only by the way of New Paper Notice, no other legal step taken by him in this regard:

1. Is only one news paper notice is sufficient in the sighth of law to compliance BEDAKHLI?

2. Legal wife of publication of Notice has taken divorce and now son has married again, is that notice is also applicable on his present wife, his son and daughter and taken away from ancient property.

3. If Uncle(real Tau) of father given him (FATHER WHO BEDAKHAL his son) ancient property to him, is that property also treated as ancient property for Son, his wife his son or his daughter.

harivanshsai   20 December 2010 at 00:24

speaking order for dismissal of SLP

Can we ask supreme court for making a speaking order for in limine dismissal of a SLP?

harivanshsai   20 December 2010 at 00:23

SLP dismissed without reasoning

What if supreme court dismisses an SLP straight away without giving any reasoning and if it involved a substantial question of law?