Rohit Suresh Gangawane
20 May 2010 at 14:04
Dear Seniors
The facts of the case are
A, is the proposed housing society through it’s 13 members have purchased the land. The proposed housing society had entrusted the development rights of the said land in favour of B, who is the partnership firm and accordingly executed the necessary Development Agreement and Power of Attorney in favour of firm. There are four partners in a firm. Partnership is at will. All are working partners. Partnership is still in force.
Recently one partner C, without consent of other partners had colluded and joined the hands with owners and executed the Deed of Cancellation with proposed housing society through it’s 13 members (the owners).
Now I want to file the suit for following reliefs
1. Declaring the said Cancellation Deed as illegal and void.
2. Declaring the said Development Agreement in force.
3. Specific performance of said Development Agreement.
4. Injunction.
If above facts are sufficient. Then now, the issue is that although the suit is required to be filed by rest all 3 the partners for above reliefs against the owners proposed society and partner C. However one of the partners among rest 3 is not supporting the litigation. Now i would like to ask a query
1. What is the rule as to interse partner’s litigation and litigation of firm with outsider when one of the partners is not supporting the litigation?
2. Can 2 partners on behalf of firm file a suit against 4th partner (here partner C) and one of the partners among rest 3 is not joined as the plaintiff?
3. Partnership Deed says, if any dispute arising out of this deed shall be resolved by the Arbitrator. Can it preclude us from filing the suit?
4. Can proposed society be joined as the defendant?
Please Guide.
Regards
Rohit Gangawane
Advocate
Anonymous
20 May 2010 at 12:27
my brother borrowed some money from one person..the problem is, for that he wrote a sale of agreement for our flat to him. that sale of agreement was registered, in my family no one aware of this developements. On my marriage he done sale deed about that same flat to me. That time no one in registration office objected ..now we came to know that they are planning to file a case against us..it specified as my bro has taken 7lakhs and given 9 mnths time for registration...according to that time is over..will it create any probs for my sale deed..my sale deed will be be acceptable in court??? actually my bro lost everything in business... he don't have the money to pay back...me and my sec bro are adjusting money ..but they r not ready to take..but they want interest on that...actually at that time he has given two blank cheques also...with the help of them they are blackmailing us ... they are demanding for 11 lakhs ... we don't have that much in our hands even we tried to sell the property, even though we are not getting that much amount .. how to proceed in this...please suggest us???
rajender singh panghal
19 May 2010 at 23:28
wheather a unregistered gift deed can creat any title, or can read in evidence
Anonymous
19 May 2010 at 22:31
Dear Sir
My son is a 17 years old OBC candidate from Gujarat. My and my wife's total income from business is Rs.3,10,000 pa
I wish to issue a non-creamy layer certificate for my son studies in MBBS.And he want to get admission in any college in GUJARAT
So my questions are-
1) Am I an eligible candidate for getting the non-creamy layer certificate?
2) And would the gujarat government be giving me the NCL / OBC certificate according to the indian government rules or it has different rules?
3)What is the INCOME LIMIT as per Gujarat Government for SEBC ?
4)What is the INCOME LIMIT as per Indian Government for OBC ?
Please ans with Act,Rules or Notification
Regards,
yours faithfully,
Anil Gandhi
Amit Goyal
19 May 2010 at 16:40
My client bookes his stock through a transport and in transit the truck of transport fired and my client's stock also burned in fire.. now i want to file a suit in consumer court to recover my loss in the shape of damage.. please send me performa
Sumir
19 May 2010 at 12:38
I had lot of money in smart card. On back it is written:
1. Validity of card within 6 mths of last recharge.
Going by this its validity expired on 18 May 2010.By I reached on 19 May 2010
It Also mentions:
2. In case of unused, money will be refunded, deducting rs 10/-
Do I have any chance of refund?
koteswara rao
19 May 2010 at 12:17
some assigned land was in the name of my mother. before 3to 4 years ago my uncle forgeredmy mother's signature and sold out the land.
now is there any way to get our land back either by my mother or by me by filing a case.
rashmiramanath
19 May 2010 at 12:11
Dear experts,
a RP was filed in NCDRC and after two hearings, the case was admitted and the opposite party was sent notice to appear.
the petitioner failed to appear on the hearing date.
the case has been dismissed due to non-presence of the petitioner.
can the petitioner appeal for the same to give him a fair chance as he was unable to appear for the date due to personal problems.
please muster your guidelines
thanks in advance
Rashmi
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sale of flat
i have sold a flat in navi mumbai, maharashtra. we have entered an mou with the purchaser. the purchaser had paid an advance and entered into an MOU. But in the MOU he has notarized and made alterations on his own without my consent.
Is the mou valid?
Whther it should be denotorized again.
also he signed witnees by his parties both the places.