Civil Law queries [Resolved] [2497]

Anonymous 15 January 2010 at 07:57

C.P.C.

Hi Sir/Madam I am searching following citation

if there is no prayer of interium relief in the plaint plaintiff is not entitle to get interium relief (exhibit 5 )

please tell me if there is any citation

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Reshma K 15 January 2010 at 00:00

Calculation of interest

How is interest calculated in cases involving money, example recovery of money.

Is the interest calculated from the time I lent money or from the date of filing the case. And also after the judgment if there is still time for the borrower, how is the interest calculated and what rate.

What is commercial rate and when is commercial rate used.

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Reshma K 14 January 2010 at 23:53

Procedure

When is cross objection under O 41 R22 filed instead of an RA or RFA. What is the difference betwween the two and when is one chosen over the other. What is the difference in effect if any in chosing one over the other.

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Rajesh Shah 14 January 2010 at 21:22

Recourse under MOFA

Can by an unregistered agreement a suit for specific performance and statutory obligation be filed against a developer, this unregistered agreement is entered into between a tenant and a developer and landlord who is a confirming party.
Can it be admissible under MOFA 4A.
Property is in Sub.Mumbai.
Agreement says of developer giving new premises in lieu of the old tenanted premises free of cost on ownership basis.
Agreement contains all details of performance, course of action,and 'Plans' identifying promised flats.
Agreement is made under MOFA.
When building is nearing completion the developer for the first time sends a without prejudice letter to the tenant confirming the agreement but saying that he will not be able to give flats as per agreement instead he will give half in A'Wing' and half in the other.
This Developer is eyeing to earn more profit from selling this large and three side facing flat promised to the tenant,
naturally due to his greed.
Above agreement contains clause saying it is the duty of the developer to pay the stamp duty and registration charges.
Can you suggest further course of actions!

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charudureja 14 January 2010 at 20:47

urgnt

if a tenant doesn nt cross in appeal on grounds of nuisance and personal necessity. what will be its effect. does it means that he admits the same.please provide thejudgemnts in favour of landlord the stating that tenant has admitted it by not availing opportunity.
thanks

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