pramod
24 January 2016 at 18:20
Dear Experts,
Eleven months leave and license registered for letting commercial premises on rent. Certain act of licensee affected licensor in adverse and cost economical loss. One of the clauses of agreement elaborately mentioned about termination period in case of violation is one month. Hence would like the licensee to vacate the premises. Thus would like to know serving a notice to licensee for eviction is sufficient itself or do I need to approach the court for eviction.
Do I need to furnish bona fide ground before the court for eviction? Kindly advice.
GANGAM.RAJENDER.
24 January 2016 at 18:09
Respected experts,
we are the defendants in the suit and filed the xerox copy of undertaking letter with written statement which was executed before the elders and original document is kept with the elders.elders are not the parties to the suit .
if the officer rejects the xerox copy at the marking stage as secondary evidence we are the great sufferers.
Q1. IS IT COMPULSORY TO FILE APPLICATION UNDER SEC 65 OF EVIDENCE ACT TO REQUEST THE OFFICER TO MARK THE XEROX AS SECONDARY EVIDENCE SIR.OR IF ANY ALTERNATE PROCEDURE PLS GIVE ME SUBSTANTIAL SOLUTION SIR.
Q2. CAN WE SEEK PERMISSION TO SUMMONS TO ELDERS TO PRODUCE THE ORIGINAL DOCUMENT BEFORE THE HON'BLE COURT SIR.PLS GIVE ME SOLUTION SIR.
THANK YOU SIR .
NAGARAJ
24 January 2016 at 12:36
Mother as a natural guardian for d legal necessity of childrens sold d(property came from her father in law to her husband den pavathi to her ) property in d year of 1970 After 35 yrs of attaining majority her child seeking partion from her mother over ancestral property questioning dat legal validity of sale deed is she succeed? Is it barred by limitation?
wen d legal necessity arised is natural guardian can sale d childs ancestral property without court permission?
Pawan Kumar
24 January 2016 at 12:09
Dear Experts, Mr. A i.e seller entered in a agreement to sale of property and gave bayana receipt to B i.e. purchaser in presence of Mr. C i.e. witness. All three have signatures on that receipt. Later A denied it and B i.e. purchaser filed suit for specific performance. In proceedings A denied that signature on receipt was not his, while Mr. B & Mr. C verified A's signature in theirs affidavit. Now question is whether B i.e. purchaser has discharged his onus and it has shifted to Mr. A to prove it that it was not his signature.
Abhishek
24 January 2016 at 11:01
please tell that if someonw died because of heart attack in private company then their dependents can file for compensation
Ramesh
24 January 2016 at 02:14
Hi, I am planning to buy second sale apartment. Property is in the name of the husband. He has passed away 2 years ago. Now left with Wife and 2 Children(1 Son. 23 yrs old, 1 daughter 16 years old who is a minor.
They have a legal heir certificate from Tahsildar as only these heir for this property.
Now as I understand, mother, who is being the natural guardian are not allowed to sale the property since they have a minor daughter for whom we need to get a court order. Is this right?
Here there is a slight tricky point. Property is NOT in the name of the minor. Property is inherited through legal hiership. Is the law Hindu minority and guardian ship Act 1956 u/s 6(a) applicable in this case or not?
I would really appreciate your quick response since I need to make a decision based on this.
Thanks in advance.
Anonymous
24 January 2016 at 01:09
Hi sir
I availed a personal loan two year back in feb 2013,which I defaulted after paying 6 emi because I lost my job.after that I couldn't continue because of some circumstances .I want to pay the amount but it will take another 5-6 month to get a new job.I received a letter on 14 jul2015 for demand of personal loan due.please read it
Madam/sir,
Under instructions and on behalf of our client , having its registered office.I hereby serve you with the following notice as under :-
1. That our client is banking company within the meaning of Banking Regulations Act and is engaged in the business of Banking, Personal Finance, Hire & Purchase of Vehicle and Financing of Vehicles etc.
2. That you had availed Finance Facilities from our client under the Loan Agreement No.Under its PERSONAL LOAN Scheme and you, as per the agreement, had to repay the said amount in equal monthly installment but you are very irregular in making the repayment of equal monthly installment to our client. That the total outstanding is Rs. 340541.7/- of which you have to make the payment to my client as per the terms and conditions of the Loan Agreement bearing No.
3. . That you had availed and utilized the above said facility for your benefit, however, you failed to adhere to the terms and conditions of the Loan agreement executed between you and my above said client by not making the payment/ repayment of the outstanding/ loan amount in time and the same was not paid despite repeated, request, reminder and personal visit made by my client��s officials/ executives.
4. That my above said client had on several occasions attempted to contact you and remind you of your outstanding on the above said loan A/c and the payment due dates, but, you did not intend to co-operate with my client and refrained from attending my client��s calls and further refused to meet up with my client.
5. . That the total amount outstanding on account of your above said loan facility with my client is Rs. 340541.7/- as on 14.07.2015.
6. . That you have willfully defaulted in making payment/ repayment towards above said loan facility availed by you and you have demonstrated an intention to defraud and cheat my client which is evident from your above conduct. You are also fully aware of the fact that my client has been put to loss towards the amount outstanding unpaid by you on account of the above said loan facility. You have thereby caused a wrongful loss to my client and your act amounts to Cheating as contemplated under Sec.420 of IPC and Criminal Breach of Trust, punishable under Sec.406 of the Indian Penal Code.
Therefore, I on behalf of my above said client hereby call upon you forthwith to pay the total outstanding dues of Rs. 340541.7/- , to my client immediately from the date of receipt of this notice failing which my client would be constrained to initiate appropriate legal proceedings against you without further reminder to you. Please be informed that such legal proceedings would necessarily contem¬plate, civil proceedings for recovery of money, together with proceedings for attachment of your movable and immovable properties, direction to provide appropriate guarantee/surety/security, filing for insolvency etc., as deemed applicable and necessary, and/or criminal prosecution for breach of trust, fraud and cheating, as deemed applicable and necessary, at your costs, risks and consequences.
In case you fail to respond to this notice, my client is further constrained to share the status of payment of all Loan facilities, including the above said loan facility availed by you, with CIBIL (Credit Information Bureau of India Ltd.), a repository database set up by the Reserve Bank of India. Non payment by the borrower makes him delinquent and Borrower��s CIBIL status may have adverse impact resulting into low CIBIL score.
I have given pdc to bank also.can they take legal action .if yes then after how many days of demand notice they can file a case.what should I do?
Anonymous
24 January 2016 at 00:18
Hello sir,
This is family based issue, my grandfather has 2 childrens, my elder father n my father..my grandfather has 4 property while in dividation both childrens got equal properties.. After dividation later some years my dad taken his elder brother one property and my father didn't registered it, 10years later we had done it as gift deed so to avoid More registration stamp duty amount.. My elder father has 3childrens (2 brothers and 1sister), my elder fathers elder son has filed a case insisting that his father didn't told him while doing gift deed.. But the thing is all 3 childrens know that we hav taken that property long back. My elder father an his 2 childrens are with us. Only the elder son is against us and he has filed a case.. What will be in court..? I need your valuable feedback... Thanking you..
Lakshay Sharma
23 January 2016 at 15:09
Dear Experts,
One of my relative entered in a agreement in 1999 for purchase of a plot and took possession immediately and got constructed home on that and living in that till date but did not got registered sale deed, now he filed case for specific performance, but during pendancy of suit seller sold it to third party. Now in court my relative could not prove the agreement and case was dismissed. Now what remedies are available with him to save his possession. Can third party get possession forcefully?
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demand notice receive by bank
Hi sir
I availed a personal loan two year back in feb 2013,which I defaulted after paying 6 emi because I lost my job.after that I couldn't continue because of some circumstances .I want to pay the amount but it will take another 5-6 month to get a new job.I received a letter on 14 jul2015 for demand of personal loan due.please read it
Madam/sir,
Under instructions and on behalf of our client , having its registered office.I hereby serve you with the following notice as under :-
1. That our client is banking company within the meaning of Banking Regulations Act and is engaged in the business of Banking, Personal Finance, Hire & Purchase of Vehicle and Financing of Vehicles etc.
2. That you had availed Finance Facilities from our client under the Loan Agreement No.Under its PERSONAL LOAN Scheme and you, as per the agreement, had to repay the said amount in equal monthly installment but you are very irregular in making the repayment of equal monthly installment to our client. That the total outstanding is Rs. 340541.7/- of which you have to make the payment to my client as per the terms and conditions of the Loan Agreement bearing No.
3. . That you had availed and utilized the above said facility for your benefit, however, you failed to adhere to the terms and conditions of the Loan agreement executed between you and my above said client by not making the payment/ repayment of the outstanding/ loan amount in time and the same was not paid despite repeated, request, reminder and personal visit made by my client��s officials/ executives.
4. That my above said client had on several occasions attempted to contact you and remind you of your outstanding on the above said loan A/c and the payment due dates, but, you did not intend to co-operate with my client and refrained from attending my client��s calls and further refused to meet up with my client.
5. . That the total amount outstanding on account of your above said loan facility with my client is Rs. 340541.7/- as on 14.07.2015.
6. . That you have willfully defaulted in making payment/ repayment towards above said loan facility availed by you and you have demonstrated an intention to defraud and cheat my client which is evident from your above conduct. You are also fully aware of the fact that my client has been put to loss towards the amount outstanding unpaid by you on account of the above said loan facility. You have thereby caused a wrongful loss to my client and your act amounts to Cheating as contemplated under Sec.420 of IPC and Criminal Breach of Trust, punishable under Sec.406 of the Indian Penal Code.
Therefore, I on behalf of my above said client hereby call upon you forthwith to pay the total outstanding dues of Rs. 340541.7/- , to my client immediately from the date of receipt of this notice failing which my client would be constrained to initiate appropriate legal proceedings against you without further reminder to you. Please be informed that such legal proceedings would necessarily contem¬plate, civil proceedings for recovery of money, together with proceedings for attachment of your movable and immovable properties, direction to provide appropriate guarantee/surety/security, filing for insolvency etc., as deemed applicable and necessary, and/or criminal prosecution for breach of trust, fraud and cheating, as deemed applicable and necessary, at your costs, risks and consequences.
In case you fail to respond to this notice, my client is further constrained to share the status of payment of all Loan facilities, including the above said loan facility availed by you, with CIBIL (Credit Information Bureau of India Ltd.), a repository database set up by the Reserve Bank of India. Non payment by the borrower makes him delinquent and Borrower��s CIBIL status may have adverse impact resulting into low CIBIL score.
I have given pdc to bank also.can they take legal action .if yes then after how many days of demand notice they can file a case.what should I do?
Thanks,
Shalini