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Madhu Mittal   08 October 2016 at 18:43

Dismissal of recovery suit for non exhibiting statement of loan account

In a civil recovery suit, a “statement of account of loan amount” is enclosed and at para 17 in civil suit, it was mentioned that statement of account is the part of civil suit.
But at the time of putting exhibit, there is no exhibit was put on the statement of account of loan. So in decision, the civil recovery suit was dismissed only on the reason, there is no statement of account of loan amount.
Please let me know whether it is correct to dismiss the civil recovery suit only on the sole ground of not exhibiting the “statement of account of loan amount”.
If answer is No, what remedy available to plaintiff?
Even if answer is yes, any remedy now available to plaintiff?

Sidambaraselvan   08 October 2016 at 17:56

Original suit

I request the LCI members to assist me in the following grounds -

(a) Can 3 different plaintiffs having
(i) 3 different metes and bounds of properties;
(ii) 3 different sale deeds

file Original Suit (OS) against the defendant jointly.

(b) If they file OS jointly, how will the stamp duty for filing original suit will be calculated as each and every property has 3 different types of measurements in square feet and also different land values.

Kindly assist me in this matter for my academic purposes.

Dilshad M. Merchant   07 October 2016 at 14:54

Civil writ petition

My name is Dilshad Merchant.
I have filed civil writ petition in Bombay high court.
In my case status online it is showing 'due section ' since last 3 dates.
I want to know meaning of :
1) due section (d/s)
2) CMIS
kindly let me know.
Thanks.

ADVOCATE TRILOK   07 October 2016 at 12:29

Effect of void agreement.

Directors of a pvt ltd co entered into an agreement with a finance co seeking loan. However there is a condition in the agreement the said directors are personally liable.

Now the problem is there is default and original directors have changed.

1) Under the co law the directors can not take personal liability for the co. and

2) there are no permanent directors.

Since the liability is only against the company whether the liability against the directors can be termed as illegal and they are not liable.

Soniq   07 October 2016 at 01:18

Domestic violence and dowry issue

Hi, my name is Sonia. I have been married since Feb 19 2013. Ours was a love marriage. Marriage was done with both the family s blessings. But my in laws didnot like me but as my husband was the only earning member at that time they agreed for the marriage. After marriage there were many family issues at home everyday. My husband started listening to his patents more than me. Domestic violence and dowry issues arose and became a daily issue. After 1 and a half year, we separated from my in laws. My husband keeps on torturing me verbally and physically saying that you have separated me from my family. Last august 2016, he beaten me and since I had lost patience, I did a police complain. My husband eloped from there. Its been 2 months now he has left his job and sitting at his moms place. Now he is not lifting my phone and doesn't want to talk me as well. I am staying at my moms place. I have a 2 and a half years old daughter. I don't know what to do. I do not want to divorce him. Please suggest me what to do?

Soniq   07 October 2016 at 00:54

Domestic violence and dowry issue

Hi, my name is Sonia. I have been married since Feb 19 2013. Ours was a love marriage. Marriage was done with both the family s blessings.

But my in laws didnot like me but as my husband was the only earning member at that time they agreed for the marriage.

After marriage there were many family issues at home everyday. My husband started listening to his patents more than me.

Domestic violence and dowry issues arose and became a daily issue.

After 1 and a half year, we separated from my in laws. My husband keeps on torturing me verbally and physically saying that you have separated me from my family.

Last august 2016, he beaten me and since I had lost patience, I did a police complain. My husband eloped from there.

Its been 2 months now he has left his job and sitting at his moms place. Now he is not lifting my phone and doesn't want to talk me as well.

I am staying at my moms place. I have a 2 and a half years old daughter. I don't know what to do.

I do not want to divorce him. Please suggest me what to do?

kunhi marakkar   06 October 2016 at 22:33

Mediation

Sir,
I am defendant in a partition suit in munsiff court which related my deceased father's property.now case is posted for mediation.but I can't appear for this due to personal difficulties.actually I don't have any objections to plaint.so what will happen to this case on my absence?any way I will not appear until next 1 year.my POA not ready to appear behalf of me.

Ankit   06 October 2016 at 11:03

Confusion in cross examination

In cross-examination of a civil suit, advocate asked following questions to witness(me):
Advocate: Whose wall is this?
Me: This wall is not mine.

Advocate: Whose wall is this?
Me: This wall is mine.

Second time witness by mistake I said that the wall is mine. Court commissioner in measurement has written that this wall is not mine.
There is no other document which says whose wall it is.

Court will consider which statement and whose wall it will be considered?

Thanks in Advance.

tagore prasad t   06 October 2016 at 09:56

Specific performance

I am defendant in one case filed for specific performance. my cross examination is over. Plantiff forged agreement of sale. during cross i denied having signed and taken any amount from the plaintiff.
what is the next course of action to the court. the case was filed by plaintiff.

Mahesh Babu (HR)   06 October 2016 at 07:44

Voting rights

Dear Experts, in our apartment complex, the development agreement with builder and land owner was 60% - 40% respectively and this agreement is registered with land owners share of flats mentioned in it, land owners have sold some flats and some are rented out, there is no unoccupied flats, now the clarification required is does land owner get votes for all their rented flats which are paying maintenance ? some residents are raising objection that these flats are owned by vertu of development agreement and not individually registered in their name, what does the law state, can the land owner get that many votes that the flats he has rented ? these flats are his share by the development agreement and not individually registered in his name.

Need experts advise on this please...

Mahesh Babu