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Anonymous   10 May 2010 at 15:55

amendment to notice in a property claim !

Dear Experts of the forum,

A person 'X' serves Legal notice on 'Y' in a Family partition . At a later date, 'X' wants add some fresh point/s (ignored / not raised ) and serve an amendment to Legal notice served earlier to 'Y'.

OR is it O K ,if this fresh point/s (ignored / not raised ) are added directly in Plaint, at the time of appeal in the COURT.

My advocate says this cannot be done, the Legal Notice served will be plaint for appeal in the case and no point/s ignored / not raised in the Legal Notice ,can be added at a later date. IS IT SO ? Please guide me in this regard, matter is little URGENT please!

With regards and Thanking you ALL in Advance.

prakash   10 May 2010 at 15:48

forfiture of bayana money in a land deal

Sir,
I had sold a certain part of land to a person,who had agreed to pay the entire amount in 3 months time,but since then 6 months have been passed but he is reluctant to pay the entire amount.Can I forfit the amount given by him as advance (bayana)at the time of agreement of sale?

pratik   10 May 2010 at 12:12

Partnership deed.

Difference between partnership deed and partnership agreement. Because partnership deed is registered in court of law and not the agreement. So which one is more beneficial. Also where it has been stated that the partnership deed should be compulsory or voluntary registered and if partnership agreement is not registered than it will cause no problem or it is registration is not compulsory.

Case laws any pls.

Thankig u all experts in advance.

pratik   10 May 2010 at 10:50

Affidavit Query.

1) Under which act it says that affidavit should be notarized because as per the consumer act it says that the affidavit should be notarized than by this meaning it seems under the other various act or law if it is not registered than also it will done. Pls clarify when I am right or wrong.


Any case laws than pls put forward.

Thanking u all experts in advcance.

anshul sangal   10 May 2010 at 08:02

Revision

Can revision be made on appeallat court other than high court if yes then under which provision?

Anonymous   10 May 2010 at 00:51

Sale agreement

Hello dear friends,

A and B jointly enter into a sale agreement of their lands to C. The terms of agreement tell that C shall pay advance of 2 lakhs and within 3 months time he should register the sale by paying the balance amount.

Meantime, C advances some more money to B without the knowledge of A beyond the agreement date and keeps on postphoning for final payment for more than 2 years. The said advanced amounts are acknowledged by B on the back of the sale agreement. One such receipt was acknowledged after the final date of agreed date for finalisation.

After 2 years A and B jointly execute a sale of the said lands to D, since C failed to honour his committment.

Now, the endorsement (acknowledgement of receipt of amount by B) beyond the sale agreement time i.e., 3 months will give any fresh lease of time to C?

And what remedy C has got to get his money back from B?

Thank you all in advance.

pratik   09 May 2010 at 18:57

Indian Evidence Act, 1872 (Affidavit)

1) Indian Evidence Act, 1872 is applicable to all Judicial Proceedings so pls define Judicial Proceedings because i have also heard that Indian Evidence Act, 1872 is not applicable to income tax act, 1961 during the Judicial proceedings between income tax officer & the assessee.And also as per Section 1 says that affidavit is not evidence as per the Indian Evidence Act, 1872 it means the affidavit presented as a evidence under the any court are not evidence is it right or wrong
.

2) I have also heard from the learned members that under writ petition affidavit is not a evidence it is only a statement of facts on oath to support your writ petition. Is it right if it is than as per which section & case laws pls solve the above mentioned query it is a kind request to the learned members.

More info regarding the affidavit than pls forward it or share with me.


Thanking U All Experts In Advance.


asifa butt   09 May 2010 at 18:00

interlocutory

what wud be the remedy against an order for setting aside ex parte?appeal,revision or writ?
as appeal does not lie against interlocutory order

muthusamy   09 May 2010 at 15:04

Case pending in the court

A partition suit dismissed in the lower court. Parites appealed in the madurai bench of madras high court.

For more than 6 years the case is not listed.

Is there any leagal way to hasten the process.
================================

asifa butt   09 May 2010 at 14:48

intterlocutory order

is order passed on application of setting aside exparte an interlocutory order?