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Suraj Vishwakarma   23 October 2016 at 17:58

Winding up petition

Dear Sir,

My friend has sold goods, against which he has raised Invoices. my query is where should i field winding up petition it will be filed before High Court or Before NCLT (National Company Law Tribunal), as NCLT has been formed under the Company Act, 2013 and is effective from 1st June, 2016.
The companies paid-up capital is Rs.1Lakh only, it is possible to recover my all pending amount as it is more than paid-up capital.
Or else what remedy we have with us.

Please advise sir

vwxyz@rediffmail.com   23 October 2016 at 16:38

Cancellation of power of attorney


Dear Experts,
I have entered into power of attorney with a land owner and paid partial amount during 2005.
I have made agreement with another third person for selling this land and received the money from him for the sale of this land. However I did not pay the balance money to the owner
As the land owner came to know of this deal and he assumed that I have defaulted payment of balance amount, and he cancelled the power of attorney.
However due to pressure from the buyer I registered the land to my buyer but after one year after cancellation of Power of attorney. During the said period the register office was not tracking the cancellation of POA, and so my buyer did not know about this cancellation.
Now the land owner has filed a case that the sale is void as it was done on a cancelled Power of attorney.
Some body suggested that I should have filed a case against the cancellation of power of attorney on the owner of the land, earlier before registering the land. Is it so?
What is the remedy available to me? Can I plead that I owe only a partial amount to the land owner and so the cancellation of power of attorney is not proper and the sale is not void, and I am only required to pay the balance payable, which I am prepared to pay now.
Should I have filed one earlier and will this not filing a case against the cancellation of POA make my stand weak?
Or will the sale will be declared illegal and I can only file a suit for recovery of money paid on this account

jayantha   23 October 2016 at 15:49

compund wall construction

Respected sir/madam
What is the minimum sqr feet the owner of land should leave to construct compound wall,my neighbor is forcing to leave 2 sq feet?what is the minimum distance owner should leave according to law,
Thank u

Enitha   23 October 2016 at 13:42

Is a son who is under custody of mother eligible to be nominated by his father

I am a innocent divorcee (not remarried) I have a query regarding nominee. My son is 16 yrs old under my (mothers )custody ...I came to know through some friends that his Dad has not included him (his son) as a nominee in his service record. He has included his 2 niece (sister's daughter) and his mother as nominee.
I want to know

1.Whether my son is eligible to be a nominee?

2. If at all eligible, what percentage of share is my son eligible ? Will all 4 of them equal share or only my son is eligible as he is only son . His dad is not remarried.

3. Is it right legally to nominate sister's daughter in the presence of his only son?

Kindly clarify sir

rajan chopra   23 October 2016 at 12:39

Application u/o 38 rule 5 C.P.C

Sir I have filed a summary suit u/o 37 C.P.C on the basis of bounced cheque which was issued by defendant in favour of me in discharge of his liability.Now I want to file an application u/o 38 rule 5 C.P.C for attachment of property of defendant before judgement.Is parcha jamabandi of immovable property of defendant is to be complousary attached with the application or not as till date I am unable to have any such parcha ?

poonam gangurde   22 October 2016 at 18:33

Heirship

If property is in Chennai and person is living in mumbai whether he can file case in mumbai if yes can anyone give me citation for jurdiscation

MSC Shekar   22 October 2016 at 16:40

Justice delayed or justice denied

In a Original Suit involving Plaintiff (private party) a Senior Citizen and two Govt. Departments as Defendants. The Suit was filed under Specific Relief Act for claiming certain records from the Govt. Department. One of the Govt Dept. was Ex-Parte and the other Contested the suit which was dragged for SIX YEARS time.

In between the Plaintiff filed several Petitions for call for Records and other purposes that was allowed by the Trial Court since the only contesting Govt Dept. failed to object and argue the same.

Finally the Second Govt. Department could not file any evidence from their side and they were no arguments also.

The Suit was dismissed without costs by the Trial Court which says the suit is Uncontested. Order copy yet to be received as on date.

Hence the following questions arise?
1. Does it take Six Years of time for a Trial Court to decide whether a Plaint is maintainable or not and why was it not dismissed at the admission stage.?

2. Finally if the Trial Court finds that the Suit is not maintainable at the last stage, Why was Petitions allowed by the court there by wasting Senior Citizens precious time?

3. Is the above action of the Trial Court correct or Wrong, because justice delayed amounts to justice denied.

Please advise. Thanks in advance.

gopal   22 October 2016 at 16:35

Possible to appear in original suit during the trial

Respected Sirs,
My father's younger Brother filed a case against one person E.Subramanian and he has added my father is also a 3rd Respondent.

Initially my father was not appeared on the case.
Now the case came to the stage of trial.

Now
Is it possible my father can appear and join in the same case as party in person?

In this trial stage if my father wants to appear and join in the case, what he has to do? What petition he has to file before the Judge?

In the trial state is it possible to join the respondent? whether the law allows that?

Sir kindly guide us

Thanks and regards
nandagopal

gopal   22 October 2016 at 15:47

Requesting the clarification

Respected Sir,
I am also the member and i have asked some query and i got the answers for the Respectable experts.
Now I would like to know that the Difference of Notary Public Advocate and Commissioner of Oath Advocate

Where both are same or difference

can you please tel the detail

Thanks and regards

Ankit Singh   21 October 2016 at 09:03

Caast certificate legal essue

Hello sir main jaanna chahata hu ki koi aadami do cast certificate (OBC, ST)use karta hai Goverment job ke liye to uske liye kya koi legali action liya ja sakta hai or wo kaun se act honge????????????????


Thank you