pratik
14 April 2010 at 11:51
Thanks to all the experts who have answered the previous query relating to the Civil procedure code, 1908.true hearted thanks to all the experts.
I have another query regarding the below mentioned pls help me out.
1)When can the transfer of business can be done or the judge has the power to declare the transfer of business as per section 150of the Civil Procedure code, 1908 pls with the example.
2)In which act it is said that if we submit the affidavit to the high court or high court related matters we have to start the first line of drafting of the affidavit as "In the matter of & in which act it is said that if we dont have to submit the affidavit in high court or high court related matters we have to start the first line of drafting of the affidavit as "In the matter of the petition of
Thanking u all experts in advance.
Amandeep Singh
14 April 2010 at 11:08
Can sale of property through power of attorney is a valid sale of property???
Whether the reply for the legal notice can be made by us directly through registered post not necessary through our counsel????
Chintan Shah
14 April 2010 at 00:41
Dear Expert collegues,
Recently I visited a restaurant. The restaurant charged me 10% service charge over and above what was the total of the items that I ordered as per menu. In the menu on the last page there was a small note which read that the consumer will have to pay 5 % over and above the amount of bill. Now there are two questions:
1. Can't the prices mentioned in the menu be considered as MRP and thereby the restaurants must be barred from charging anything else?
2. Further isn't it so that the prices quoted in the menu against individual items must include charges for all the services of the restaurant?
3. Further is a complaint in the consumer court maintainable in this regard?
It may also be noted that the services provided by the restaurant includes normal services such as serving of meal, a good embience and hospitality in the form of waiters.
Please give your opinion supported by appropriate reasoning and case laws if any..
Your opinions are really needed as I need to file a consumer complaint at the earliest.
Regards
CA Chintan Shah
Anonymous
13 April 2010 at 21:31
Thanks Sir for the reply in 13-4-10 reg disposing mortgage property.
In the EC the name of the company that is the MNC which provided the loan is rep by its official, who happens to be the president of the registered housing society too is appearing along with the name of the owner.
In case some wants to buy the property should the mortgage be released at the registrar office?
Or the property with out mortgage being released and with the name of the MNC rep. appearing will not make any difference for to effect such purchase or buy.
Pl clarify Sir.
Amandeep Singh
13 April 2010 at 21:25
Sir I rec a legal notice few days back from my uncle which is as follows and I have also drafted reply to legal notice within 15 days.Pls suggest is it properly drafted:
Legal Notice
This is to be advised that you are under a legal duty and obligation to sell H.No B-I815 Civil Lines Ludhiana under the compromise deed Ex C1 executed on 18-02-2009 within six months of getting TS1 from M.C. Ludhiana.
In the terms and conditions of the compromise deed Ex C1 are binding on you by the order passed by the Learned Distt. Judge Ludhiana on 06-03-2009
The period of six months had elapsed on 20-11-2009, but you failed to sell the aforesaid house without any legal cause. You also filed the application in the courts of Distt. Session Judge Ludhiana for the extension of the time whereby the said application was dismissed on 28-01-2010. Since then you did not take appropriate steps to sell the said house.
Thus it is presumed that you intentionally. Purposefully and willfully did not want to sell the said house. After evaluating the facts, I come under the conclusion that your intentions are not clear regarding this matter.
Thus , I give you fifteen days time from the date of getting this notice to take some concrete steps to sell the said house and if you fail to do so then I will initiate the execution proceedings against you in the court to sell the said house through the process of law
Yours sincerely
Kuljit Singh
My reply
Dear Sir,
Under instructions from my client Sh. Sarvjit Singh resident of H No. B-I-815 Prem Nagar Civil Lines Ludhiana owner of the house bearing H No. B-I-815 Prem Nagar Civil Lines Ludhiana, I hereby inform you that the as per the Compromise EX-C1 dated 18-02-2009, passed by the Learned Distt. Judge,Ludhiana on 06-03-2009, made between my client of the ONE PART and you on the OTHER PART in respect of the sale of the house i.e. H No. B-I-815 Prem Nagar Civil Lines Ludhiana by my client wthin six months from getting TS-1 from the MC Ludhiana and to pay to you Rs.549000/- out of the sale proceeds .
Several appropriate steps like rendering advertisement and public notice regarding sale of the house in the local newspapers time and again have been taken by my client to sell the said house within the stipulation contained in the Compromise Deed dated 18-02-2009,but because of your unwanted interference in the said process by yourself, my client was not able to complete the sale of the said house.
In order to abide by the terms of the Compromise Ex C1 passed by the learned Distt. Judge Ludhiana my client filed for extension of time to sell the said house.
I hereby call you to receive the amount of Rs.549000/- in the courts as per the Compromise Ex C1 for final settlement of your claims and to quit, vacate and deliver quiet and peaceful possession of the house and allow my client to peacefully sell the said house and to abide by the compromise passed by the Learned Distt. Judge Ludhiana, failing which my client will file a suit against you for intentionally and willfully not receiving the said amount and for recovery of possession of the said house and for your willful, unwanted and intentional interference in the process of sale and retaining possession thereof and for breach by you of the stipulation contained in the compromise deed Ex C1.
Yours faithfully
My approach: We will offer him amount as per our compromise in the court, if my uncle vacates the house and then will sell the house otherwise it is impossible to sell while he is staying in the same house.
Phani Kumar. D
13 April 2010 at 20:30
Dear Sir,
One of my colleague asked this question.
Case facts are .....
Power of Attorney Holder (Power of Attorney executed by original Owners to file a suit only) filed a suit (injunction over landed property) against an Institution. Subsequently Original Owners sold the same property to 'X'. Now 'X' filed a Petition Under Order 1 Rule 10 to implead him as Plaintiff as he purchased the suit schedule property.
Now the question is
1) who has to amend plaint ?
2) What about Power of Attorney Holder ?
3) What are the pleading of the Plaintiff ?
4) What step court has to take up ?
This is the doubts in the above case. So, I request you to explain above these questions and if there are any decessions please inform me.
Thanking you,
D. PHANI KUMAR,
ADVOCATE,
ANANTAPUR (AP)
Anonymous
13 April 2010 at 20:28
Dear Sir,
One of my colleague asked this question.
Case facts are .....
Power of Attorney Holder (Power of Attorney executed by original Owners to file a suit only) filed a suit (injunction over landed property) against an Institution. Subsequently Original Owners sold the same property to 'X'. Now 'X' filed a Petition Under Order 1 Rule 10 to implead him as Plaintiff as he purchased the suit schedule property.
Now the question is
1) who has to amend plaint ?
2) What about Power of Attorney Holder ?
3) What are the pleading of the Plaintiff ?
4) What step court has to take up ?
This is the doubts in the above case. So, I request you to explain above these questions and if there are any decessions please inform me.
Thanking you,
D. PHANI KUMAR,
ADVOCATE,
ANANTAPUR (AP)
Anonymous
13 April 2010 at 19:39
dear sirs,
thanks for your kind replies. there is a stipulation in the agreement of sale that the balance of payment will be made within three months but there is no forfeiture clause. the agreement was made about two years ago but the vendor sold the land to someone else about one year ago. thanks again.
gagandeepsingh.bagga
13 April 2010 at 15:20
What is the maximum size of the sign board for advertisment of one's shop, which MDC has allowed to display without its prior permission?
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Why the ULC authorities refused to give information?
Respected Experts,
This is a query in respect of Urban Land Ceiling matter (for short ULC).
I approached the Office of ULC authority and filed a petition under Right to Information Act, as I want to know the status of “a particular survey number in a particular area” about its declaration (ULC cleared land or un-cleared land) since we are in real estate business.
On that, the ULC authorities replied (orally not in writing) that unless my application is supported with documentary evidence ie., ownership documents etc., they wont entertain my application, even if it is filed under R.T.Act. When I insisted the top officials of the concerned, to return my application with an endorsement of the above such reason”, they bluntly refused my request and returned back my application.
As such I issued a Legal Notice on 25-02-2010 through my advocate to the authorities, requesting them to provide the above information as required. But they did not choose to give reply, even though they acknowledged the said notice.
Now what I have to do in this regard.