pratik
24 June 2010 at 00:50
1)As per Provincial Insolvency act, 1920 if the working,seelping or any partner(S) who has become insolvent than to realise the property of the frim to pay the debts of the firm the third party can file a suit on the firm for releasing the debts by selling the firms property under the arbirtation act.
2) I have also heard that the power of an official Assigns, Receiver of court under the Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 has the power to realise the property of an insolvent partner form the firm. So that he can be stable in this life gain as he was before.
If an case laws that pls forwared it to me or with the best suitable examples .
By reading the above mentioned line we can come to a conclusion that if the partnership firm is not registered as per the act, 1932 than also the insolvent partner can claim her/his property form the firm means he can file a suit under the firm firm name or under the individual partner(s) name also to realis e the property.
Pls clarify me if i am wrong.
Also pls tell me that what do u mean by official Assigns & Receiver of court under the Provincial Insolvency act, 1920 Also Which act is in force whether Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 ?
Thanking u all experts in advance.
pratik
24 June 2010 at 00:36
1)Section 53 A of the transfer of property act what does it says becasue i am confused ny the reading the section so pls provide me with the Doctrine of part performance & explaintation of the section 53a & doctrine of part performance with the examples examples examples examples examples examples examples pls pls pls pls
Pls don't tell read the section propoerly pls help me out.
Thanking U All experts in advamce.
pratik
24 June 2010 at 00:32
39. Surety ship.-When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 ( 9 of 1872), would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged.
Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Pls of the above mentioned section.
pratik
24 June 2010 at 00:28
20.Inchoate stamped instruments.- Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in [India], and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as then case may be, upon it a negotiable instrument, instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount, provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.
Example(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)S()S()S((S) Required for the above mentioned section pls.................
Thanking u all experts in advance.
pratik
24 June 2010 at 00:25
20.Inchoate stamped instruments.- Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in [India], and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as then case may be, upon it a negotiable instrument, instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount, provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.
I have Understood the meaning but than also example(S)(S) Required pls pls example(S)(S).
Thanking u all experts in advance.
barun deka
23 June 2010 at 18:03
calling upon all friends in lawyers club conversant with CPC for an answer based on precedents and ratios-
when a suit is dismissed for non-appearance of the plaintiff under order 9 rule 3 of the cpc, the plaintiff may either file a restoration under order 9 rule 4 or he may file a fresh sui.
now if he opts to file a restoration petition and the same gets dismissed/rejected, can he after such rejection resort to the other alternative of filing fresh suit?
i would highly appreciate if friends can look up and offer me the right position of law and also a decision
Anonymous
23 June 2010 at 16:10
I have a question , in a parental property related matter if sisters have executed a registered released deed in favour of their brothers does it still needs to be proved by the sisters by admitting personally before the court that they have executed the release deed or even without admiting it is admisable as it is a duely registered
deed . and what if any one dies in due course of time , after executeing release deed as these matters linger in courts for years , will that release deed be considered valid. kindly qoute relevant section .
Anonymous
23 June 2010 at 15:16
How a consumer forum derives its jurisdiction for adjudication of complaint made to it in respect of subject matter which is subject to an arbitration agreement between the parties
Anonymous
23 June 2010 at 14:13
Sir,
A person 'X'in his late 80s executed a sale deed to 'Y' which got registered. but the price was not paid, which got mentioned in the sale deed. Also possession not delivered. Original sale deed was with seller. Seller waited for some years for consideration to be paid. After 6yrs. seller 'X'died. The legal heirs too waited for some years for consideration. But the buyer 'Y' does not had the good financial condn, so he failed to pay. After 9 years from the death of seller 'X'i.e. 15 yrs after the first sale deed, the legal heirs of the seller 'X' sold that property along with some other property to third party "z" and delivered the possession to him. “Z” was not having any knowledge of previous sale deed. The first buyer 'Y' too died. Then the legal heirs of the first buyer 'Y' too fooled a person and sold the property to “M” after 5 years from the date of purchase of “Z”. Now “Z” and “M” are at conflict. “Z” has filed the title suit. “M” has submitted certified copy of first sale deed in which it is clearly mentioned that consideration has not been paid and unless it is paid original sale deed will not be delivered. No one is having the original copy of first sale deed executed by “X”. “Z” is having all the original documents related with that property some of them are of 1920 , 1921, 1927 etc. In this condition what “Z” should take the plea. Plz. Suggest and guide.
Thanking all of U.
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As per CPC, 1908 Section 150 .
As per CPC, 1908 Section 150 what do u mean by transfer of business.
The bare act text is as follows.
150. Transfer of business.
Save as otherwise provide, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so
transferred.
As per my understanding
The court to which a case is transferred will have same powers to deal with the case like the court which dealt the case previously before being transferred.Eg., A files a suit for recovery of money on B & C which was alloted/made over to xxx judge court,'C' was set ex-parte for non appearance and the case was transferred to another court say yyy judge court, on administrative grounds,'C' can file a set aside petition in court yyy judge court and the said court can entertain the petition and pass appropriate orders,though the order sought to be setaside was not passed by yyy judge court as the suit is presently pending before yyy judge court.
Pls direct me that why the court will pass the order to next when the case as per my understaning is over.(and the case was transferred to another court say yyy judge court WHY?????????)
Pls elaborate it more so i can me able to understand more in depth.