JAIME
04 July 2015 at 00:06
SIR,
THE TRIAL COURT PARTLY FRAMED ISSUES OMITTING SOME MAIN ISSUES. I FILED AN APPLICATION TO FRAME ALL ISSUES OMITTED BY THE CIVIL JUDGE. UNFORTUNATELY ORDER WAS PASSED ALLOWING PARTLY THE APPLICATION AND ADDING ONLY 3 MORE ISSUES.
AGGRIEVED BY THE ORDER I PREFERRED A REVISION IN THE HIGH COURT. THE ADVOCATE WITHDREW THE REVISION APPLICTION AND FILED A WRIT PETITION. ON THE FIRST HEARING DATE THE HC JUDGE REJECTED THE WRIT PETITION IS THERE ANY REMEDY BESIDES GOING TO THE SUPREME COURT? OR CAN I STILL RAISE THE ISSUES BEFORE THE TRIAL COURT IF I AM PREVENTED FROM ADDUCING EVIDENCE THAT IS ALREADY ON RECORD OF THE PLAINT AND LIST OF DOCUMENTS.
Geets
03 July 2015 at 16:05
have a question on credit card debt.
The card was delivered at the card holder's house in 2009 (but not to the card holder). No intimation was provided to the card holder prior to delivery. At the time of the delivery there was a fraud resulting in a charge on the card. The card was blocked on the same day and also reported to the police. The fraudster was caught and case is under trial.
Questions:
1. Given that there was a fraud, is the amount of the card the liability of the card holder?
2. Given that the fraud was reported on the same day, could the bank charge back the money from the vendor where the card was used?
2. What is the statute of limitation for Credit Card Debt ? How is it calculated?
3. Does verbal communication with the bank / collection agent considered while calculating the time limitation ?
P Devi
03 July 2015 at 14:45
Original JD died leaving 3 LRs (namely X,Y,Z) during the Execution Proceedings.
One LR X came in possession of the suit property after his death.
Now one LR Z has also died.
My query is that whether can I execute decree against X only (Without impleading the LRs of deceased Z ) ?
Rama Krishna
03 July 2015 at 14:09
Respected Sir,
Initially i had filed a RTI application to DFO, Forest Dept seeking for details of reserve forest in my village.
DFO, Forest Dept has furnished the details of reserve forest and provided the Gezette Notificaton as well. details are below.
Sy.No - 117 , Extent :- 94.82.
further, i had filed a RTI application to Tahsildhar to furnish the details of the above SY.No -117
Here, Tahsildar has provided the details and in ROR it is mentioned as "RallaGutta & Paramboku" means govt land.also there is no gazette notification provided for convertion of forest land .
further, when we see in depth the tahsildhar ahs granted pattadar pass books with an extent of 10 acres ot an inidvidual in the same Sy.No. which is against the land reforms act 1973.
finally it is clear that violation occur and it is against the rules of reserve forest act. as per the rule reserve forest lands do not disturb.
Kindly suggested to handle the above case and to submit a representation to forest and revenue depts for necessary action
R.N.SUNDAR
03 July 2015 at 13:51
Dear Experts
I have furnish my query below need your valuable guidence
In usufructuary mortgage partial redemption is valid or not.
A schedule have 3 items. Plaintiff filed suit against respondent for redemption of the usufructuary mortgage only 2 items another one is excluded. Said suit is allowed.
Sumit Aggarwal
03 July 2015 at 12:24
Hello Everyone,
My client took a Housing Loan from NBFC few years back.
There are some disputes arise between Borrower & NBFC.
Borrower wants to file complaint against NBFC and get resolved the disputes as per law.
As per the agreement between Borrower & NBFC; there is an arbitration clause in case any dispute arises.
The problem is:
Arbitration clause states that the Arbitration Proceedings will commence at Mumbai.
My client/borrowe resides in Delhi and it is difficult for borrower to contest arbitration proceedings at Mumbai because the claim amount is not very high.
Which other forum my client can approach for proper adjudication.
P.s.: (i) Consumer court has no jurisdiction because loan was taken for commercial purpose & it is written also in Agreement.
(ii) Civil courts are also barred to adjudicate the suit because in other cases NBFC has taken the plea in written statement, since there is an arbitration clause present in agreement, no civil court has jurisdiction to adjudicate the suit.
(iii) Banking Ombudsman has no jurisdiction over the NBFC as per RBI Guidelines.
Please advice... its urgent.
ABHIJEET
02 July 2015 at 19:36
hi sir,
if collector was given exparty stay without given opportunity to oppent. so now that person can filed appeal against that stay order to commissioner or not
Pankaj Kumar
02 July 2015 at 18:08
Dear Experts,
My mother wants to file a partition suit in the Hon,ble court for acquiring of property viz agricultural land situated in Bhagalpur district and Banka district in Bihar. My mother at present residing in Purnea district in Bihar. But co-sharer of land residing in Bhagalpur district. The dispute is on the land which situated in the Banka District as that land has been registered in the name of my mother's sister secretly by my mother's mother without consent of my mother whereas as per law my mother's share is also in that plot. Please advise me in which court i.e. Bhagalpur court, Banka Court, Purnea Court my mother can file suit. whether my mother can file suit in Bhagalpur Court or Purnea Court.
Shreehariram
02 July 2015 at 16:28
Sir,
An unregistered sale agreement executed by an power agent in 2003 march and the power agent exprires on 12th december 2003 without executing the sale deed, What will be the fate of sale agreement? will it become void.?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
agreement to sell flat is not honoured by builder
I booked two flats with m/s ashtavinayak developer nagpur in march 2009.In june 2011 he alloted me two other flats in leu of previous in phase ll of same project saying devlopement authority is not allowing above 4th floor.Earlier sanction was from gram panchayat.Now Nit has taken over.I paid Rs 5.66 lakh/each as demanded time to time.Agreement to sell is regesrered in sub regestar office in june2011 by paying full stamp duty.However till date builder did not built beyond foundation.as per agreement he had to complete work in 2.5 yesrs.I want my money back with interest.Builder says he will return money with8% simple interest in 6 instalments in advance cheques.How should I proceed? Kindly advice.