Varun
20 February 2016 at 15:23
i have files a recovery suit of 1.25crore with a company,
the single judge passed an order to deposit the entire amount,
defendent went for appeal and divisional bench gave them some relief by asking them to deposit part amount immediately and balance after we have supplied the test reports, but the bench never clarified that what if the the test reports are not provided,
though we are not in a position to supply the test reports as they are no longer available with our supplier we want them to deposit more amount if not complete,
since out of the two judge one has retired can speaking to the minutes be still done?
can notice of motion/chamber summon be filed with the bench and fresh orders be obtained from the bench
as the single judge cannot overrule the bench,
ahammed yazer
20 February 2016 at 13:18
im from kerala.im running a mens textile shop . i want to change the bussiness to a mobile shop.landlord has filed eviction petiton in the court.so i will not get the consent from landloard to change the bussiness.is there any problem to start the mobile shop legally as i am a statutory holding over tenant
dombivliwest
20 February 2016 at 12:48
I have received notice from KDMC under section 478 under Municipal Corporation Act. KDMC given me 24 hours times to vacate my shop premises otherwise they demolish my shop them self and force me to pay pending municipal charges and also demolition charges.Copy of notice is attached herewith.
Kindly advice me what are option I have in hand so that I can get few months time to shift my shop to another premises. Matter is very urgent & kindly advise me urgently.
Aamir
20 February 2016 at 11:57
Hello,
My grandfather made a lot of property and didn't make any will nor distrusted the property among the sons n daughters , one of my uncle (fathers brother) is illegally taking all the rents and keeping it with him , I want to file a case So that all the rent gets registered in the court and gets distributed among all the brothers equally , all the property is on my grand fathers name, can you help me with the process
Shabeer ahamad
20 February 2016 at 08:45
Dears
Is it possible to withdraw the property by guarentor partially when two documents Pledged together. If bank did so what is the solution.
krishna
19 February 2016 at 21:37
Respected Sir / Madam,
Plaintiff has filed this fresh suit with liberty to file fresh because in earlier suit plaintiff could not add all necessary parties including legal heirs of Defendant ‘A’ who had died. After the death of ‘A’ plaintiff failed to bring legal heirs of ‘A’ due to circumstances which were beyond the control of plaintiff but no order of abatement was passed. (Plaintiff is illiterate person)
After three years of death of Defendant ‘A’ , (with new lawyer) Plaintiff applied to court for withdrawal of suit with liberty to file fresh suit as all concerned parties are not added to the suit. Defendant ‘B’ objected the withdrawal stating that suit is abated as Defendant A died & plaintiff did not bring legal heirs on record.
Court overruled the objection of abatement of Defendant ‘B’ & allowed the withdrawal stating that ‘advocate of plaintiff failed to take proper steps in the matter & it will not be proper to throttle the grievance of plaintiff without adjudicating in proper manner’
Plaintiff filed the fresh suit impleading C & D legal heirs of A on Record.
Defendant ‘B’ again took objection of abatement that fresh suit is abated because earlier suit was abated against A & hence legal heir of A i.e. ‘C & D’ cannot be made party to the fresh suit. Hence fresh suit is also abated against C & D.
1. Whether principle of resjudicata applicable here as objection of abatement of suit against Defendant A already overruled & decided in favour of plaintiff in earlier suit hence Defendant ‘B’ cannot take this objection in fresh suit ?
2. Whether objection of Defendant B valid when permission is granted to file fresh suit.
3. Your other view, advice if any.
Please give reference of similar case if any. Defendant B has taken this objection under 9A of CPC, 1908 for framing preliminary issue. I am Plaintiff in person.
Thank you. Please reply.
Kumar
19 February 2016 at 18:17
Hi All,
My sister got an education loan of Rs.2.3 lacs in the year 2008-2012. She has paid 70k to the bank during 2014-2015 and got an interest subsidy approved by Ministry of HRD. Then the bank waived off interest. Later the bank sold the loan as NPA to an Asset Construction Company for Rs.1.4lacs due to irregular payment. Now the ARC is demanding the whole amount of Rs.2.3 without considering the amount paid to the bank. Also they are not ready to provide any legal document(like agreement) and NOC immediately (they are saying can provide NOC only after 20 days) even if we are ready to initiate the payment.Please clarify
1)Can the ARC levy interest on the loan amount even if it has been given interest waiver
2)Due to financial problems we can arrange only Rs.1.4 lacs is it fine if we pay this amount
3)What are the legal documents we need to get from the ARC before starting to make payments
Tulica
19 February 2016 at 13:50
Dear Experts,
I have loaned some amount to a friend in good faith but he has declined to make the return payment. I don't have any legal document or an agreement but the acknowledgement of loan in recorded in mail and sms. can it be used to file a case for recovery or even fraud?
Note: All the transactions are recorded in online payment records.
Thanks
p.kumaru
19 February 2016 at 12:29
SIR, THE LAND GIVEN TO A FREEDOM FIGHTER
IN 1973 THRO FARM D, AGANIST MARKET VALUE
ASSESED. THE SAID LAND CAN BE PURCHASED. PLS
ADVISE
THANKING YOU. SIR.
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Urgent query- company defaulted on loan and i was the representative
Dear Experts,
An urgent query please, so need some help. I was a Director of a small Pvt Ltd company which I resigned from more than an year back. The company had taken a loan from an investor 3 years back which I had signed as the representative of the company.
The directors who took over from me have defaulted on the payment of this debt (after I had left). Now the investor has filed a case for recovery and has mentioned my name along with the existing Directors and the court has served a summon.
What should I do now? My designation has been mentioned as "Director" in the notice even though I have nothing to do with the company for more than an year. The default also occurred 5 months after I had left. How do I communicate this to the court that there's no reason for me to be put in that list since I'm not an existing Director?