Aditya Dev
30 June 2017 at 12:57
I am a contractor employed by my employer. I sub-contract the work to a third party. Now the work is completed and we have to pay them. The work was completed on 2014 - December. Now the sub-contractor is demanding payment as the limitation is almost at its end. So I (Contractor) release part of the total amount and send a letter tot he subcontractor which says that we will pay the rest of the amount when the employer pays to us. Therefore our making payment to subcontractor is conditional upon we getting paid by the employer.
What i want is the opinion on:
1 - Whether can we be covered under section 18 of the Limitaion Act?
2 - Is there any way to get out of the scope of this provision?
3- Is there any judgement which accepts such condition?
because there are judgements where the courts have accepted the conditions but then the conditions are related to arbitration or when one party wants to check the accounts. I found no judgement which allows the release of payment from the employer as a condition.
Any and all replies would be appreciated.
Thank you.
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mahesan
30 June 2017 at 11:56
A purchased property in the year of 1940 and she had 4 daughters and she died on 1949. B is husband of A And executed gift deed in the year of 1968 in favour of A 's first daughter inrespect of A's property. Now A's other daughters filed partition suit against A's first daughter. So what relief for A's first daughter.
Ahmed
30 June 2017 at 00:44
hey everyone i want to hire a advocate in mumbai because as i stay in hyderabad i dont know anyone there. so if you guys can help me out in this i will be very glad.thx
Member (Account Deleted)
29 June 2017 at 23:08
My family and me have been staying in a flat for above 15 years. My father could not register the flat due to *stay* brought in that area. After the *stay* passed we tried to register but the builder always avoided it after that we were facing some serious financial issues so we could not register the flat.
The builder sold the flat to some other party. The other party, least concerned about everything, did not even care to enquire if anyone stays in the flat or how big or small the flat is purchased the flat. The builder also got the flat registered on the other party's name.
To solve this issue we spoke to the builder, the builder replied that he was sorry for all this and he would himself come and cancel the other partys registration and would re register the flat in the our name. The fraud builder fled away making promises. The other party trespassed our house with 15 people who were strangers. I cried for help but the trespassers closed all the doors and windows. They hit my father and threw the furniture outside the house. I filed an FIR against the other party and the trespassers. We also filed a case in the Civil court against the other party. We have a purchase agreement, possession certificate, bills bearing our name since 2000. The only problem is that we did not register the flat.
What are the chances that we can win the case?
Is there any law which states that the flat belongs to the one who has been staying in the property for years?
Can the police interfere in property matter even when A civil proceeding is going on against the other party and the disputed flat? Is it legal?
Is it legal that the other party can get all the bills of the property ( maintenance, gas, electricity) renamed in his own name even if there is a civil proceeding going on against him and the disputed flat?
Can the society issue share certificate to a person if there is a civil proceeding going on against the person asking for a share certificate and the disputed flat?
What are the chances to win the case?
Anonymous
29 June 2017 at 18:10
Hi All,
i have filed a cheque bounce in the month of feb-2016 and i have been cross examined by accused side lawyer for couple of times and the honourable judge was taken the statement (I also explained i will provide Form 16 if required), so after 17months accused opened the 420 case against me and now my lawyer was asking me to take Anticipatory bail which would cost me 25k (my lawyer told me), i was already spent 25k for all the things.
is it really necessity to take anticipatory bail?
If genuinely accused person opened the 420 case what i supposed to get from Police station (Like Call/text) or FIR copy.
I am really frustrated about way case is running (its just running running), so i am planning to close the case, will that affect 420 case if it is genuine.
Thanks,
Anonymous
29 June 2017 at 17:59
1) Can the police interfere in property matter even when A civil proceeding is going on against the complainer and the disputed flat? Is it legal?
2) Can a person get all the bills of the property ( maintenance, gas, electricity) renamed in his own name even if there is a civil proceeding going on against him and the disputed flat? Is it legal?
3) Can the society issue share certificate to a person if there is a civil proceeding going on against the person asking for a share certificate and the disputed flat?
4) What are the chances to win a case if
A family has been staying in a flat above 15 years. The family could not register the flat due to stay brought in that area, and then financial issues. The builder due to some misunderstanding sells the flat to some other party. The other party, least concerned about everything, did not even care to enquire if anyone stays in the flat or how big or small the flat is purchased the flat. The builder gets the flat registered on the other party's name. After the family members spoke to the builder, the builder replied that he would himself come and cancel the other partys registration and would re register the flat in the familys name. The fraud builder fled away making promises. The other party trespassed the disputed house with 15 people who were strangers. The elder unmarried daughter (20) of the family cried for help but the trespassers closed all the doors and windows. They hit her father and threw the furniture outside the house. The girl filed an FIR against the other party and the trespassers. The family also filed a case in the Civil court against the other party. The family has a purchase agreement, possession certificate, bills bearing their name since 2000. The only problem is that they did not register the flat.
The other party is trying to acquire the property by involving the police in this case by threatening the family.
What are the chances that the family can win the case?
5) Is there any law which states that the flat belongs to the one who has been staying in the property for years?
6) is it legal for the police to interfere in this matter? Even when the case is going on against the other party?
Ramesh
29 June 2017 at 17:54
Dear Experts of the Forum,
Late Mrs. B gives her property to (1)Mrs. B, Mr. R R, Mrs. I and Mr. SPB, some property which was taken over by Government and amount is due will be shared by equally by above four persons. And (2) remaining land property ie Patta, Inam lands, tenancy land were given to Mr.SPB. Mr. RR and Mr. SPB are own brothers and Mr. RR is older to Mr. SPB
After the death of Mrs. B, Mr. RR immediately taken GPA from MR. SPB for (2) property and dealing with same, and because of practices in the family younger brother Mr. SPB never asked about deals /deeds done by his elder brother Mr. RR in regards to the (2) property even about property (1) also.
In a case where a land was given to Army for lease and dispute rose between a third party Mr. NRS ,about the owner ship of this land, Mr.RR without consulting Mr.SPB had entered in to compromise ( compromise condition is not there in GPA given)with the third party Mr. NRS in the High court in 40: 60(third party Mr. NRS ) sharing basis (In this 40%, Mr.RR included the names of A , B, C, D, E, F, who are nowhere connected with will of Mrs. B or the (2) property…. Now both Mr. RR & Mr. SPB have died.
Mr. SPB gave all the property that had come to him to his daughter Mrs. PS. After the deathMr.SPB we found that there is some discriprency in the will (ie that the third party Mr. NRS, with whom Mr. RR entered in to compromise is wrong on two counts. ONE is false interpretation of the document, the third party having; TWO is, GPA do not contain the permission to compromise and that too GPA holder has taken 6 more un concernd persons along with him in the compromise petition.) .Without knowing these facts Mr. SPB in his ‘WILL’ state that Mrs. PS will have ¼ share in 40% of the compromised property.
Now this third party Mr. NRS argues that Mr.SPB is binding to this compromise agreement.
I request Experts of the Forum, to kindly help me, by suggesting the way out for this problem.
Anonymous
29 June 2017 at 16:09
A purchased property in the year of 1940 and she had 4 daughters and she died on 1949. B is husband of A And executed gift deed in the year of 1968 in favour of A 's first daughter inrespect of A's property. Now A's other daughters filed partition suit against A's first daughter. So what relief for A's first daughter.
Aditya Dev
29 June 2017 at 15:22
In our case the plaintiff in his plaint has not produced any documents which supports his claim of amount owed to him by us. We are the defendants in this case. Now he is seeking to file additional documents which are statements of account to justify his claim at the stage of rejoinder.
My question is: Can the plaintiff file additional documents at the stage of rejoinder when he never submitted those along with his plaint and did not produce any reason for such delay.
Even Or. 7 R 14 is very clear that documents on which you place reliance should only be filed along with plaint except when you have sufficient cause for the delay. In our case he has no reason for delay.
It would be helpful to get his claim thrownout as the only document he has is the statement which he is filing now??
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