Anonymous
10 January 2010 at 18:52
can a judge pass a stay order merely by application filed by party to stop the construction on the basis of section 39 A. without hearing the opposite party.?
suresh jakhotiya
10 January 2010 at 00:45
Dear Sirs
A,B,C &D (4) persons guaranteed a CC limit against hypothication for 9.90 lacs in 1989.
D withdrew immediately within 10 months of signing the guarantee from company.
Bank then enhanced the limt to 18 lacs in 1992 with guarantee from A,B,C of the old and a new guarantor E. Admittedly D did not sign this .
Company went NPA shortly and Bank took hypothicated goods worth 12 lacs in possetion & filed suit against all GuarantorsA,B,C,D &E (5) guarantors for Rs 22 lacs with interest.Defendents included D ,the one who signed for 9.90 lacs.
Court held that D is responsible upto 9.90 lacs only.
12 lacs value of goods in possession of bank be appropriated for all the defenders and decree for 10 lacs (the balance) was passed against all (5)A,B,C,D & E saying that Balance after Set off is equal to the sum guranteed by D also
Sir, My question is whether any case law or Citation can support my thinking that while appropriating 12 Lacs,court should have satisfied the first limit of 9.90 lacs & then the balance against Enhanced limit. and D should have been deemed to have satisfied his Guarantee of 9.90 lacs.
Pl. provide some Case Laws /Citations & suggest How D should proceed as he can not go in appeal to DRAT for his inabilty to make a deposit.
Thanks & best Regards
Suresh
Parveen Kr. Aggarwal
10 January 2010 at 00:19
When a bank returns a cheque dishonoured for the reason "Title of Accounts required", what the bank actually means?
ramesh
09 January 2010 at 22:55
I directly from owner by regd. sale deed I got ferfar and 7/12 in my name in 2002 then again I got 7/12 and paid 2 years NA taxes in 2003 . again in 2005 I paid 2 years na taxes to patwari I have all original documents. now patwari says that these 2 plots are not in my name they are in somebody elses name who has purchased the plots through POA in march 2002( One month before me). I saw his regd. sale deed in which there is no copy of POA enclsed nor any registration no. of POA is mentioned in sale deed . sale deed mentions only name of POA holder. I approached POA holder and the purchaser of the plots they are not showing POA .now what should I do ? The owner says He has given POA but excluding my 2 plots. Pl. advise me what to do ? my name is Ramesh P Gajwani I am from Akola MY email add. rameshgajwani@rediff.com my mob. no 9850550597
suresh jakhotiya
09 January 2010 at 15:04
Dear Sirs
A,B,C &D (4) persons guaranteed a CC limit against hypothication for 9.90 lacs in 1989.
D withdrew immediately within 10 months of signing the guarantee from company.
Bank then enhanced the limt to 18 lacs in 1992 with guarantee from A,B,C of the old and a new guarantor E. Admittedly D did not sign this .
Company went NPA shortly and Bank took hypothicated goods worth 12 lacs in possetion & filed suit against all GuarantorsA,B,C,D &E (5) guarantors for Rs 22 lacs with interest.Defendents included D ,the one who signed for 9 lacs.
Court held that D is responsible upto 9.90 lacs only.
12 lacs value of goods in possession of bank be appropriated for all the defenders and decree for 10 lacs (the balance) was passed against all (5)A,B,C,D & E saying that Balance after Set off is equal to the sum guranteed by D also
Sir, My question is whether any case law or Citation can support my thinking that while appropriating 12 Lacs,court should have satisfied the first limit of 9.90 lacs & then the balance against Enhanced limit. and D should have been deemed to have satisfied his Guarantee of 9.90 lacs.
Pl. provide some Case Laws /Citations & suggest How D should proceed as he can not go in appeal to DRAT for his inabilty to make a deposit.
Thanks & best Regards
Suresh
Anonymous
09 January 2010 at 13:46
Wheather state can take plea of adverse possession against it citizen without acquiring land under land acquisition Act.and if yes than wheather govt can be adverse against its citizen and what about article 300A constitution of india. sachinsdl@yahoo.com
Anonymous
09 January 2010 at 13:37
Wheather state can take plea of adverse possession against it citizen without acquiring land under land acquisition Act.and if yes than wheather govt can be adverse against its citizen and what about article 300A constitution of india. sachinsdl@yahoo.com
krishnamohan
09 January 2010 at 13:12
how can give application to the village office for measuring of our property, how many days will due for coming and measuring the property
kranthi kiran
09 January 2010 at 13:00
Appeal filed before the Joint Collector in a Revenue matter is reserved for orders. Recently appellant died. Order not yet passed. Is it required to re-open the matter to implead the Legal Heirs or not necessary.
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civil suit for declaration
to all Ld friends my query is that i am dealing with a case
facts are: -
A in the year 1970 has filed a suit for reedemption against B
consequently the suit was decrred and the the Court in the year 1974 has passed preliminary decree of possession in favour of A and thereafter A has deposited the mortage money and the decree was made final on 20-6-1974. However the A has not applied for execution of final decree nor he got the possession as he has not applied for the same
The revenue record shows the B as in possession as morgage uptill date as wel B is in possession
thereafter the LR'S of A in the year 1996 has filed suit for declaration that they are owners in possession of the land in question and the entries in the revenue record are wrong illegal void in the Civil Court on the basis of that decree (1974)and B resisted the suit being not maintable as the it is hopelessly time barred secondly on the ground that A wanst to enforce the decree via suit which is not maintainble On the other hand it is also correct that limitation only bars the remedy but doesnt estingushes the right its only in ART 65 of Limitation but the previous counsel has not taken the plea of adverse possession
Can LR's A get the declaration from Civil Court
Waiting for esteemed suggestions of experts