Anonymous
21 August 2010 at 16:43
is there any high court judgements when principal borrower agreed to reapy entire loan amount surety are discharged.
Sunlawseeker
21 August 2010 at 15:32
Dear Advocate !
In one case, A father died after bequeathing his both self acquired and ancestral property to his 3 sons out of 7 children in the year of 1993.
1 female heir is died leaving 3 as her legal heirs including her husband.
two sons who are beneficiaries of the WILL were filed a suit along with other 3 claiming partition from his elder brother.
The ancestral property was bequeathed to him.
My doubt is :
Is this suit is maintainable?
Can it be Rejected as per Order 7 Rule 11?
Any other option to solve this suit in favour of that elder son who is first defendant of the suit.
Thanking you
Regards
V. Sundaresan
c n vittal rao
21 August 2010 at 14:40
I had posted a query regarding sections 52 and 69 in regard to unregistered partnerships. I received one response from our panel of experts giving the opinion that section 69 is a bar to suits under section 52 for unregistered partnerships. I reframed the question and sought the comments of experts; there were zero responses and my query is in the unresolved query list at page 10. I am resubmitting my query in a more convenient format so that interested experts may respond.
QUERY: IS SECTION 69 A BAR FOR INSTITUTING SUITS UNDER SECTION 52 FOR UNREGISTERED PARTNERSHIPS
If I am to answer in the affirmative, my argument would be as follows:
Section 69 was put in the Act to avoid unregistered partners from agitating their rights under the partnership deed as it would put an impossible burden on the courts to determine if the litigant is/was a partner and had locus standi to litigate. Also, section 69 follows section 52 thereby inviting a surmise that section 69 is a bar because obviously section 52 would have been in the minds of the law makers and should they have wished to exempt it from the mischief of section 69 they would have explicitly done so. In the absence of such clear mandate section 69 would constitute an insuperable bar for suits of unregistered partnerships.
If I were to argue the negative, my arguments would be as follows:
1. Section 52 is a section for partners defrauded or induced into partnership by misrepresentation to rescind such partnerships. Section 69 scope is for litigants who wish to agitate their rights under the partnership deed and Act. Therefore, section 69 should be read without reference to section 52.
2. If section 69 is a bar to suits then defrauded partners would be driven to take recourse to the criminal justice system therefore putting them to the difficulty of going to a more difficult forum as well as burdening the States criminal justice system.
3. The Indian Partnership Act is a spawn of the Indian Contract Act and the principles of equitable contracts namely, to prevent unjust enrichment, enforce minor contracts, etc can be freely imported to interpret liberally the provisions of section 52.
4. The cardinal and valuable principle of liberal interpretation is to so interpret as to "advance the remedy and supress the mischief". If this principle is applied section 52 should be considered independent of section 69.
5. If section 69 is a bar, fraudsters will get a liberal hand to dodge the consequences of their wrong doing.
6. If section 69 is interpreted as a bar then it would be tantamount to the courts becoming accomplices to fraudsters.
7. The Partnership Act is based on the foundation of mutual trust and faith among partners as well as fidelity. This interpretation would militate against this spirit of the Act.
COMMENTS FROM EXPERTS ARE SOLICITED.
PLEASE FIND TIME TO COMMENT AS IT WILL BE A MUTUAL LEARNING EXPERIENCE.
Whichever limb of the argument you favour, please adduce your reasons as well as make notes of whatever dissent you wish to record.
IN ANTICIPATION,
Chetan
21 August 2010 at 14:15
That A,B,C purchased a land for the purpose of Layouts but the A & B wants that C should not sell the plot of his share without the consent of A & BWhat type of agreement shall I have to make for that purpose ?Whether it will be lawful if yes pls provide provision And also post the draft of said draft Thanking uRegards
pratik
20 August 2010 at 23:43
1) Normally police will give CSR as a receipt of the complaint. So what do u mean by CSR .
2) The FIR will reflect the original complaint and additional information. But, once the FIR is registered you can not change.
The charge sheet cannot be altered. Only additional charge sheet can be filed after conducting the further investigation. This info provided in the additional charge sheet may contradict the first charge sheet. Which Section says the above mentioned matter also. There is no such provision under the CPC & CRPC to amend a criminal complaint & also a civil complaint. (Complaint defines a FIR in nature). So can any LD members say that which sections says that when a FIR is registrerd under the police station no one can amend or alter the FIR whether it is a civil complaint or criminal complaint in nature. OR any sections says that if the chargesheet if prepared than we can alter or amend the FIR or before it. & when the chargesheet if prepared & why what is the basic points of the chargesheet & how much it is imp in terms of indian evidence act. or who much it is useful to win a case. can a chargesheet can be alter or amend after the chargesheet is presented to the court or before it. Defination of chargesheet & its provisions.
Thanks In Advance.
pratik
20 August 2010 at 23:36
1) Limitation act is not applicable for consumer protection act - Agnes d'souza case 1990.
Query : pls provide me the above case laws in PDF format & also tell me the list that which Limitaion act is not applicable to which ACT(S). Pls provide me the list of or tell me how to find out the limitation act is not applicable to the other act pls becasue i have heard that limitaion act are not applicable to many acts so pls give me the list or how to find that limitaion act is not applicable to that particular act.
2) Section 24(3) of the cpc.
24. General power of transfer and withdrawal.
(3) For the purposes of this section,-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
Query : 1) As per the above sub section can any LD members tell me the meaning, powers, authority, direction, advantages & disadvantages, qualifications to become the Additional and Assistant Judges they are having.
Thanks In Advance.
pratik
20 August 2010 at 23:30
1) As per money laundering act which section says that if the lience is not taken any lience under the above mentioned act than the person canno't be sued under the NI act, 1881 under the section 138. Also i have heard that if the person lends a money on interest he is bound to take a money lending license. which section says as per the money laundering act.
Or
Any case laws regarding the above mentioned most preferable of the apex court.
Thanks In Advance.
pratik
20 August 2010 at 23:27
1) Witness turns hostile defence means what also the meaning of defence in civil & criminal cases & meaning of hostile witness , Unfavourable witness if possible with the help of a example.
2) Defination of Written Statement by the Defendant . Advantages & Disadvantages
Written Statement by the Defendant & Written Statement by the Plantiff in any cases or Affidavit filed by the Defendant or by the Plantiff what will be the major difference which one will be more important in it. Also can any body tell me in which cases a party has a right to file a Written Statement or he has to file complusory Written Statement & the affidavit is not excepteable or not allowed. Also i have heard that when a Written Statement is submitted than affidavit is not required and if the affidavit is submitted than Written Statement is not required i need a hole inforamtion of Written Statement when to file who can file how can objective it what are the court has the powers and the judge has the powers when a Written Statement has been filed at what stage the Written Statement should be filed complusory and if filed is more benefial to the party (in short ever thing about the Written Statement & the affidavit which one is more useful). AS per which section or any case laws the above mentioned info i will get or it says.
PLS TELL ME THE MEANING & ANSWER OF THE QUERY.Pls Pls Pls.
Thanks In Advance.
pratik
20 August 2010 at 23:22
1) The meaning of Cognizance and the details procedures of cognizance has been discussed in details by the Supreme Court in the Classic Judgment as reported in the case of Randhir Singh Rana vs State (Delhi administration ) 1997- (001)-SUPREME-0278-SC.
So pls provide me the case law in pdf format & not the link pls it is a request LD members.
2) A I R 2003 S C 2723 filing false affidavit amounts to contempt.
So pls provide me the case law in pdf format & not the link pls it is a request LD members. or copy paste under the answer block only.
3)Meaning of Rejoinder affidavit , Counter affidavit . Also when to file , where to file, why to file , how can file , what are the advantages & disadvantages,if not filed in the court when required than what will happen in any civil or criminal cases. It can be filed both in civil & criminal Cases ?
Pls help me out.
Thanks In Advance.
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probation of a will
Is probating a Registered Will compulsory in the state of Orissa ?
Or mutation can be effected without probation the will ?