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Anonymous   10 August 2010 at 18:10

execution / CPC


Query:
There are two plaintiffs for a recovery suit. one is a company and other is a individual who is the promoter of the company.
Now a decree has been issued against the defendants and in favour of the plaintiff.
Now the issue is that before the decree was passed the name of the comapny was changed.
Now the Decree holder plans to file execution of the decree.
Now the name of the company is in issue???
How should the execution be filed with the name of the company changed before the decree was passed???

Anonymous   10 August 2010 at 18:07

evidence of pw2

I want to know the fate of evidence of pw2 when the pw1 was not cross examined and pw2 evidence is not upto the mark

Ronak   10 August 2010 at 17:24

Damage suit

We had a property suit on which status quo was maintained. Now the status quo has been rejected by the court, but the suit is still in continuation. Order has been passed saying that the plaintiff has unnecessarily maintained the status quo causing damage and delay for development. We have filled a damage suit in means of compensation for malitious prosecution and have asked for attachement of plaintiffs property. Can the atachment before judgement be made by the court and how. Please tell in detail

Anonymous   10 August 2010 at 16:46

Bombay Stamp Act, 1958

With respect to stamp duty on Bank Guarantees for construction contract, which article of Bombay Stamp Act, 1958 is applicable - Article 5[h] or Article 54? [please refer to latest amendment of 2010]

Anonymous   10 August 2010 at 16:02

commercial activity in residential apartment

Our regd deed of declaration and bye laws of the owners assn says "commericial activity in the apartment is prohibited".

Does this mean "running a regd office or business" or does it also include private turions and consultancy done by owners for their own livelihood. If it is done without violating the rules and regulations and without any major inconveience to the residents can it be permitted?

In short, does conducting tution or music classes for a small group of children within the flat amounts to commercial activity which should not be allowed?

Anonymous   10 August 2010 at 15:36

agreement


In a redevelopment agreement between the developer and the tenants, if there are two contradictory statements, can the agreement
be declared null and void?
Since when is the power of attorney is to be constituted on a Stamp paper?
After signing an agreement with a developer,can a tenant sell his rental flat to hte developer?

Anonymous   10 August 2010 at 15:05

Marraige

Dear All,

I am a brahmin boy and love a bengali girl.My parents are against our marraige.
The girl's family is also against this marraige.
Is there a legal way so that i can stop girl's family to marry her with someone else.

Note : we can't registered our marraige in court bcz girl want to do marraige with the support of both family which seems to be impossible.
Plz help

Ria   10 August 2010 at 14:20

Non compliance of exparte injunction order

Respected Experts,

I have received an exparte injunction order in my favour. This injunction is asking the defendant to take measures to prevent the leakage from her flat to my flat.

However the defendant is not complying with the order. Please guide as what further action can I take against defendant forcing the defendant to comply with the exparte injunction order.

S.D. Singh   10 August 2010 at 10:06

RTI

A complain filed against a CA with ICAI, which is under hearing with Disciplinary Committee . However CA sought some information regarding proceedings under RTI Act, which was refused in terms of section 8(1)(h) of RTI Act that investigation is under progress. Whether refusal is jusified. In my opinion S. 8(1)(h) is applicable to criminal investigations only. Please advise.

Anonymous   10 August 2010 at 09:06

g.p.a cum agreement of sale

in a agreement of sale there cannot be delivery of possession but in a G.P.A can there be a delivery of possession, is not G.P.A and agreement of sale are different.