Anonymous
07 August 2010 at 08:31
a person supplies materials for construction under the strength of a work order ossued to him by a pvt. org/Trust and later submits his bills which were accepted on the date of submissions itself.
Now more than three years have elapsed rendering the filing of money suit for non payments of bills barred by limitation from the date of cause of action.
Question is whether the date of sending legal notice after two years from submission of bills gives rise to a fresh cause of action to bring the filing of suit within limitation period?
chandrashekharshah
07 August 2010 at 08:01
In Motor Accident Claims Case, the Tribunal awarded the Claim in favour of the Claimants and instructed that the same shall be deposited by the Insurance Company and after that would be recoverable by the Insurance Company from the Owner of vehicle.
In Motor Vehicle Act, there is no provision which provides to pass such type of orders by the Tribunal. But in many cases, the Hon'ble Supreme Court has passed such type of orders by exercising powers under Article 142 of Constitution of India.
My question is that whether the Tribunal and/or High Court can also exercise such powers?
Thanks you,
C.S.Shah
venkitasubramanian m d
07 August 2010 at 07:56
I have a question to ask. A Society for Horticulture a voluntary body, regd.under the Societies Regn. Act has a provisionn, that all application for membership shallbe accompanied by remittance of a fee aand it shall be considered by its Governing Council and the Council can admit the applicant as a member or reject it without assigning any reason.
In the present case, the membership has not been accepted. But the past secretary has sent notices to attend General body meetins, against which there were written protests from members, recorded in the minutes book The suit is now filed as if they are members and injn. against expulsion. We contend they have not legally become members and there cannot be estoppel by conduct as the byelaws, give full power to admit or reject.
Can the act of wrongly inviting the said persons, without they having been duly admitted to membership give them the status of members
Request valuable expert views
venkitasubramanian
a.manoharan
07 August 2010 at 01:34
DEAR FRIENDS, i want to know still Indian Railways Act, 1890 is in force and Notice under Section 78B is (Statutory Notice ) mandatory .Because i can not find out the said Act even in INDIA CODE. Still in force means , can u help me to get that act through online. Because i have to file the case against Railways on behalf of Insurance Company as Subrogagee . my e mail ID: advocatemanoharan@gmail.com . Thanks in advance.
Anonymous
06 August 2010 at 21:38
I am a junior advocate and started independent practice since last about a year and a half . I am recently started practicing in a dist. Court in Maharashtra. in one of my matter I need expert’s help. The matter is that one civil matter is transferred to me from one advocate. The suit is for recovery of amount and interest. In the said matter summons is served long back about 3-4 years back. The defendant failed to file their appearance and w.s. the earlier advocate has neglected to attend the matter hence the matter transferred to me. (The advocate after returning the brief still trying to spoiled the matter as he is paying by the defendant. That’s why he removed by the plaintiff) Recently I found that the proof of A.D. card and a copy of application wherein order passed by the court are misplaced from the record of court. On the board of court my matter is mentioned under the caption of “for passing order on exhibit” but The judge is not ready understood the matter and simply avoiding to hear the matter and/or passing the ex- parte order. The judicial clerk giving me dates stating that on next date ex- parte order will pass. Under the circumstances what should I do?
Plz. help me and guide me in details.
pratik
06 August 2010 at 21:13
1) Whether the debt without having the licence is legally enforceable within the meaning of the NI Act? Also i have heard that if the lience is not there than All Money Lenders Act prohibits the recovery of Loan amount advanced without license. Do bombay money lender act say the above mentioned if yes than as per which section. So we can come to a conclusion that if the lience is not there then we can't file a case under the NI act under section 138.
2)Can bail application be made after the charge-sheet having been submitted? What
factors, then are required to be considered for determining the said application?
Thanks In Advance.
vinaykala
06 August 2010 at 20:55
DEAR SIR,
CAN I FIND ANY SITE WHERE THE PRESENT , AND NOT PROPOSED, LAND OF LOCALITIES OF DELHI CAN BE FOUND.
I WOULD LIKE TO KNOW THE CURREN LAND RATES PSM FOR GK II
pratik
06 August 2010 at 19:10
1) In the compoundable offence "the complainant is having liberty to take complaint back against the accused person" It means settlement between the parties. In the non-compoundable offence, there is no such provision/permission is granted.
2) What is the process of taking away the the non-compoundable offence if the complainant want to take away the complaint back against the accused person.
As per section the point 1 says.
Thanks In Advance.
Smruti Shah
06 August 2010 at 15:45
Dear Sir,
I filed summary suit against limited Company ,limited company filed application in Sick industries Company Act,and filed ciatation of supreme court that is no recovery matter is continued of pending case in Board of sick Industries.
Kindly give me suggation what can I Do? If any ciatation against this ciatation.
Thanks All
Smruti
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CIVIL LAW
ONE PERSON "A" HAS SOLDED HIS PLOT & REGISTERED IN 2009 TO "B".AND AGAIN THE SAME PLOT WAS SOLDED TO "C" BY "A" IN 2010 AND IT WAS REGISTERED TO THE "C" WHAT IS THE "B"s PLOT? WHO WILL THE RIGHT OWNER FOR THE SAID PLOT? "B" AND "C" BOTH ARE WENT TO THE COURT.IN THIS CASE WHO WILL WIN THE CASE? KINDLY ANSWER TO MY QUERY? URGENT?