Anonymous
20 April 2010 at 19:49
If the society files civil suit in the year 2005 for recovery of money against the directors which are jointly and severally liable for the dues.?
After sometimes society gone to liquidation and liquidator appointed in said society in the present civil suit in the place of plaintiff society the liquidator appear.?
Mean while time the liquidator send the demand notice u/s 105 of M.C.S act.?
The proceeding of recovery by liquidator stayed by the Civil court in the year 2008
In the year 2010 the Liquidator files application u/ o-23 r-1 of c.p.c for withdrawal of civil suit and court granted this application and suit is withdrawal. And liquidator send a notice u/s 107 for recovery of dues.?
In this present situation what is the remedy to the director which are not duly and severally liable for debts? Can liquidator restricted against the recovery plz give me ur valuable guideline in the present case. THANKING YOU.
Member (Account Deleted)
20 April 2010 at 19:44
Facts : Party A had filed a suit on passing off action against a Party B. The suit was dismissed. Party A has filed an appeal before the High Court & the same is pending. Party A has filed a subsequent suit against the same Party B on similar facts but this subsequent suit is on infringment of trademark. whether this subsequent suit will be hit by res-judiciata.
In my view, since an appeal is a continuation of a suit, the earlier suit cannot be said to be heard & finally decided & therefore, the subsequent suit will not be hit by res-judicata. But, is there any legal basis to support my contention.
I will be highly obliged if i am provided with any authoritative opinion/case law on this point.
regards.
Nihar Biswal
20 April 2010 at 17:05
Sir,
For the purpose of seting of Sewerage Treatment plant Govt. is acquiring 24 acres of land. The 4(1)notification was issued on 19.02.09. My name and my land no. was not mentioned in the 4(1) noification which I had mutated in the year 2004 much prior to the notification year of 2009.How ever The original plot no. was mentioned from where I had purchased the land. Beacuse of non receipt of notification and of this error by Land Acquision Officer I could not file the objection with in one month in section 5. So I gave representation to Govt for exclusion of my land from proposed acquisition stating valid points. Out of the 24 acre most land were agricultural land but my land is a Gharabari(Home stead) land. This mistake was also done by LAO and initially then mentioned my land as Agricultural land and went ahead acquision proceedings. Again my land is in North East corner of the total 24 area proposed to be acquird. I had given an reprentation to exclude my land from the said auquision since
1. It is a Home stead land thus Govt. has to give higher compensation since the land is located near City agglomeration.
2. Only land in that 24 area where there is boundy, well, plantation and kitchen garden.
3. It is a North East corner plot and is in plantation zone of the project and incase of exclusion I would also develop the land as per project need and also the Sewerate treatment plant project would not be affected by this exclusion.
4. As per Govt. rehabilitation policy less homestead land is to be acquired.
5. There is serious error by omission of my name and land title in the Original notification and also the Acquision authority consideded my land as a agricultural land. Had this mistake not been done then the land keeping it's unique reference may have been excluded.
My 1st. reprentatuion of Oct. 2009 was turned down by Govt. saying that 4(1) notification has been issued so at this stage the land can not be excluded. Then I gave a rejoinder in Jan 2010 which is under consideration now. How ever Govt. with out taking decision laways refering the case to the Sewerage board for technical views which I think is not required at this stage since DEtailed project planning etc. were not made. In the mean time without disposing my case Govt. issues 6(1) notification.
Kindly advice me on this ground
Details are enclosed
Regards
Nihar Ranjan Biswal
Bhubaneswas
09861012929
Mohan
20 April 2010 at 15:58
I was working in a public sector Enterprise(A Govt of India Enterprise) on contractual basis for one year.
I was terminated from employment stating as below
Due to unsatisfactory perfomance your service is teminated under section 13 clause 3 on ddmmyy.
I received the letter from office and was terminated from next day before the completion of contract without receiving any information or communication.
The contract agreement clearly stated that your services will be terminated giving three months notice period or pay on either side.
Can any one tell me as what i should do.
Anonymous
20 April 2010 at 15:38
my client rented an office space few years back at less than Rs 3500/-. now he required the space as he has lost all his business and only single property is left which is residential and has shop in it (the abovementioned rented office). when nothing left with him, he asked tenant to vacant the property, the tenant refused and further sublet out the rented property. My client cldnt do anything and he does not have any proof so please suggest in such a situation what step should be taken. he wont get justice anywhere??? i really want to help him.
Anonymous
20 April 2010 at 10:54
my question to all experts, one of my sister
is planning to challenge "will" left by my mother, rest of us brother and sisters are do not have any doubts (obviously its in our favour), but the sister who is claim'g her right in self earned property of mother, wants to spoil our precious time , as forensic examination takes over an year, one of the witness to will is dead ,now other witness and the deed writer himself is alive ,it's a 35 will year old unregistered will.
how can we save our time. what are legal provisions that can help us , in this regard!
p sushama rajan
20 April 2010 at 10:44
Respected Sir,
My father, a senior citizen aged 71 years, lost his civil case against Mr.Pari, who issued two cheques for Rs.11,50.000 which was dishonoured in the year 2003. The case went on from 2004 to 2009, after which the judge dismissed the case. My father solely relied on this money which was his retirement benefit which he gave Mr.Pari. Now he is in a mental agony and is depressed, as he feels that this was the only source of his living. Kindly advise as to what can I do as his only daugher to help him . Your advise is highly valuable
Thanking you
yours sincerely
psushamarajan
Anonymous
20 April 2010 at 10:42
IS IT POSSIBBLE TO REVOKE RELEASE DEED,FOR RELINQUISHING RIGHTS IN PARENTAL PROPERTY, IF YES, THEN WHAT IS THE PROCESS.....? ALSO, IS THERE ANY TIME LIMITATION FOR REVOKEING RELEASE DEED....?
G. ARAVINTHAN
20 April 2010 at 07:21
A rent control proceedings was initiated by Landlord through his Agent through a Registered Power of Attorney.
The said agent have no knowledge as to the relationship between landlord and tenant. Is the proceedings valid?
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Section 82. Execution of decree.CPC
Section 80 of the cpc, 1908.
Also
82. Execution of decree.
1[(1) Where, in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done him in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-section (2)].
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of 2[such decree].
3[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award-
(a) is passed or made against 4[the Union of India] or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority; and
(b) is capable of being executed under the provisions of this Code or of any other law for the time being in force as if it were a decree.]
Pls explain me with the help of example.
Pls experts explain me pls.