Anonymous
04 April 2010 at 12:56
please send the information regarding auction purchaser purchsed the property through Court Auction. And the same the property has been mortgaged in a bank.
jayachandran
04 April 2010 at 11:52
Under what circumstances, a Vessel/Ship can be arrested under Admirality jurisdiction of a High Court.
Whether for attaching the cargo in the vessel, can the vessel be arrested
Pl.answer
SATYANARAYANA K
04 April 2010 at 11:52
"A" met an accident to "B". "B" is senior citizen and 60 years old got grievous injury and fractured 2 legs.
Now "B" wanted to file a case under Motor Vehicles Act, against "A". There is no insurance coverage.
"A" is poor lady, "A" cannot any any amount to "B".
If "B" file a case under Motor Vehicles Act, and if got judgment in favour of "B".
How can "B" execute Judgment against "A".
"A" have no any immovable, movable property, just "A" is doing private job, but there is no source to savings only income is coming for survival of the life of "A" and her childres, "A" is also widow.
My query is
1. Is there any imprisonment if not pay the judgment amount to "A".
2. Actually "B" is poor really there is no source of income, what is the position legally, how to escape from the case
Respected Experts if any other remedy is there, please suggest, i am waiting for your valuable reply sir
Anonymous
04 April 2010 at 11:46
Our client had refused to accept the L/C wherein the purchaser extended its validity without specific authorisation or permission from the beneficiary.
Whether the beneficiary can refuse to accept the L/C.
Will it amount to termination of contract automatically.
What is the consequences.
PL. answer
Anonymous
04 April 2010 at 10:04
Respected experts,
I am in trouble with my immovable property.One person encroached upon my open land to the extent of 50 Sq.Mtrs. out of my 2000 Sq.Mtrs. area before 35 years. In the year 2000 encroacher has mutated this 50 Sq.Mtrs. land in local Municiple Council's name on Property card and shown himself as a lessee of Municiple Council by making fabricated document.The concern office T.I.L.R. has deducted 50 Sq.Mtrs. area out of 2000 Sq.Mtrs.and prepared new C.T.S.Number. On this new C.T.S. number Municiple Council shown in the ownership column and encroacher shown as a lessee of M.C. Now I want to vacate encroacher from my land and delete the name of Municiple council which is shown as an owner on Property Card.Please advice me which legal steps should I take to protect my immovable property in the eye of law?
anshul sangal
04 April 2010 at 07:20
Sir my question is if in a one suite there are more than one plaintiff and defendent as as party then is it essential for each plaintiff and defendent to file separate plaint and written statement
anshul sangal
04 April 2010 at 07:19
Sir my question is if in a one suite there are more than one plaintiff and defendent as as party then is it essential for each plaintiff and defendent to file separate plaint and written statement
Anonymous
03 April 2010 at 21:44
Dear all LCI members,
Kindly help me with the full text of the below judgements at the earliest.
1. Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Prayer for amendment must satisfy two conditions (i) that it is not causing injustice to the other side; and (ii) the proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties. 2010(1) Civil Court Cases 579 (P&H)
2. Civil Procedure Code, 1908, O.6.R.17 - Pleadings - Amendment can be allowed at any stage unless and until it is shown that the plea sought to be incorporated by way of amendment, was not in the knowledge of the plaintiff at the time of filing of the plaint or written statement. 2010(1) Civil Court Cases 600 (Allahabad)
3. Limitation Act, 1963, S.58 - Suit for declaration - Limitation is three years from the date when the right to sue accrues first - Right to sue arises when defendant actually tries to assert his right and interferes with the possession of the plaintiff and not when defendant is successful in getting the property in his name. 2010(1) Civil Court Cases 802 (Delhi)
4. Arbitration and Conciliation Act, 1996, S.8 - Arbitration - When an arbitration agreement exists between parties Court is under obligation to refer the parties to arbitration in terms of the arbitration agreement. 2007(1) Apex Court Judgments 407 (S.C.)
5. Wrong provision of law - Quoting wrong provision in the title of an application is never fatal. 2010(1) Civil Court Cases 686 (Allahabad)
6. Civil Procedure Code, 1908, O.6.R.17, East Punjab Urban Rent Restriction Act, 1949, S.13(3)(i)(a) - Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the ground of personal necessity has arisen after the commencement of trial or that the facts which the petitioner wants to plead were not within his knowledge despite exercise of due diligence before the commencement of trial - Order dismissing application upheld. 2010(2) Civil Court Cases 282 (P&H)
7.Clean hands - Incorrect statement of fact/concealment of material facts - Amounts to criminal contempt - Exceptional costs imposed. 2010(2) Civil Court Cases 139 (Allahabad)
Anonymous
03 April 2010 at 20:34
if i send a letter by e-mail and take a print out, will this print out be admitted as evidence or some authority has to come and check my computer and certify the genuineness of the mail? kindly let me know. thanks.
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Rent provisions
Hi,
I am Saroj Meher working as an Asst. Manager - Finance in a MNC at Mumbai. My office has been taken upon a lease and License agreement from Apr 07 to Dec 09. On expiry we again made a fresh Leave and License Agrement (registered with the Registrar, Goregaon (W)) for a further period of 3 years and at the time of executing the agreement, we had paid the rent for the entire year 2010 in advance by way of cheque. Also we have given Rs. 20 lacs towards Security Deposit. Our landlord had not paid the society charges and hence his name appears in the notice board under the defaulter's list since the last 1 year. Recently, the secretary of the society of our office builing called up to inform that they will be taking necessary legal actions against the landlord. Under such circumstances, what are our rights as a licensee in case the society takes necessary legal action.