M.Anbu chezhian
20 March 2015 at 23:43
the RCOP is going on ,can i file a I.A regarding the issue of petitioners appearance before the court by compulsion if its possible please tell the provisions and section
M.Anbu chezhian
20 March 2015 at 23:12
can i file a I.A regarding the issue of petitiners appearence if its possible please tell the provisions and section
Devnandan Sharma
20 March 2015 at 21:13
I am a professor in a University and going to retire on 31st March 2015 due to superannuation. I have been placed under suspension for the past six years on the ground that a Vigilance case was lodged against me when I was on lien and holding a post outside the University. No proceeding was conducted against me by the University. Is there a provision according to which my suspension has to be revoked before my retirement? If so, should the period of suspension be regarded to be that on duty because no Disciplinary proceeding has been conducted against me?
Rudolf Rodrigues
20 March 2015 at 17:38
Dear Learned Sirs/Madams,
My query is about the definition of 'one month' notice in a lease or any legal agreement?
I had made a lease agreement with the clause of 'one months' clear notice to terminate the agreement. Now, in legal terms, does this one month mean from say March 10th to April 9th and so on, or the exact number of days in between two months?
I am having a problem on this issue with one of my leasee hence the query!
Thanks for your replies in advance.
Rudolf R.
Nazeer Ahmed
20 March 2015 at 16:37
I had filed an application in DRT1 at chennai challenging the possession notice dated 10.10.2013 claiming that symbolic possession has been taken by the ICICI Bank. I as a party in person submitted that vide a letter dated 15.2.2006, ICICI bank addressed a letter to the applicant confirming that the technical and legal details of the project Marine Bay has been cleared by the ICICI bank based on which a loan has been arranged in favour of me. Thereafter, after completion of teh project the ICICI Bank gave certain directions to the builder of the project not to hand over the possession of the flat as the title deed is not given by the applicant.The applicant was paying his monthly EMI's regularly for 36months and there was no default when the bank issued this illegal direction. further it was proved through the document that the ICICI bank was forcing the applicant to sell the property back to the builder.When the bank was not heeding for any settlement the applicant suspended the EMI's by duly informing the bank stating that they are willing to close the loan account for which the bank lend a deaf hearing. The Bank issued a SARFAESI notice under section 13(2) on 2.7.2010 wherein it was informed that the applicants had deposited the title deeds and the security had been created, when certain objection was raised by the applicant on a further letter dated 21.7.2010 a corrigendum was issued by the ICICI bank indicating that they are in possession of the certified copy of the sale deed. Later on the ICICI bank had filed an OA in DRT3 which is pending for disposal. Further in the OA filed by the ICICI bank it was admitted that the ICICI bank are in physical possession of the property since 18.12.2010.The DRT1 on 4.11.2013 was convinced and accordingly the responded ie ICICI bank was directed not to proceed further under the impunged notice dated 10.10.2013 without obtaining a direction from the tribunal. The bank appeared and took time for filling counter and thus they were dilly dallying it till 12.3.2015, when the counsel appearing for the bank informed the court on 12.3.2015 that they will not proceed without the court direction and the Hon'ble president asked the counsel to endorse it which counsel endorsed what he had said to the court. The court pass the orders by allowing my petition and directed the bank to reimburse the fee paid to the tribunal along with the cost of Rs.5000.00 and closed the SA.
1.Now if the Bank did not pay the amount
what are the options i have?
2.Is any way the bank has a chance to go
for appeal?
Siddique
20 March 2015 at 12:33
Dear Respected Sirs,
Would like to know your expert legal opinion on the below matter of finances/investments between 2 parties viz. X and Y as outlined below :
X has been running a small-scale shop dealing in boutique & tailoring niche since the past few years. Y invests in X's business a certain amount for monthly returns. During the period when Y invested with X, the business was booming. Getting carried-away by this, X inadvertently & under ignorance committed to pay Y, an exorbitantly high, very unrealistic monthly returns to Y without enlightening Y (unintentionally) about the inherent underlying risks of the business (downfall). This deal was based on 100% verbal communications only & no writing work/legal agreement of any sort was executed between X & Y.
The exorbitantly high payments by X to Y over the months hardened the perception & mindset of Y that regardless of the recession in X's business, Y should always continue to receive the so-called "Profits" from X regularly every month. Y was always under the false impression that she would endlessly continue & entitled to receive the so-called "Profits" from X.
So far, the total installments of money returned by X to Y over the months, far exceeds the capital invested by more than 200%.
X was so over-optimistic & blind with her booming business that she could not realise that she would most certainly face an inevitable downfall period in her business at some stage which would play havoc with her finances. She failed to anticipate that how she would pay Y under these circumstances. And the inevitable happened; the business went into recession. X started defaulting on payments to Y & no longer in a position to further pay Y any more money.
Just to reiterate, X has already returned to Y more than 200% of money invested by Y (which X has regularly maintained a record of; no such record maintained by Y)
X is taking the stand & stressing on the fact that since she has already paid Y more than 200%, X is no longer obliged to pay any more. Also since the X's business has crashed & near shut-down, she (X) is not in any position whatsoever to pay Y any further. Despite recovering 200% more than her actual capital, Y still continues to pressurise X to keep on paying her (Y) knowing well that X has incurred big losses in the business.
Now relations has gone sour between the two & Y threatens to file a civil suit against X for recovery of Y's capital.
Kindly advise how much weightage is there in this threat by Y & how would the law view this deal ? Is this case admissible in the court-of-law as there are no written / legal agreements of this deal between the two ?
Between X & Y, who has the right stand ?
sunit kumar
20 March 2015 at 12:19
dear sir,
i wanted to conform ,
is there will be any problem need to face if i will lodge FIR against my case ?
bcoz i am little worry if POLICE will ask to me why i given money for government jobs to my friend? bcoz this is also against law to give money to any one for this kind of activity ???
that time what should we need to do.??
Note - i did all payment through Deposit in Bank and Cheque
sunit
sunitrock@yahoo.com
Hemant khandelwal
20 March 2015 at 11:15
Please read and answer.need help badly. Explanation 1 to section 9 of cpc defines the suit of civil nature as a suit in which the right to property or to an office is contested.it means that a suit can be a civil suit only if either right to property or right to office is involved in it.suit must fit in these two criterias to be called a civil suit.all others are excluded from it.
I am writing some illustration which are called suits of civil nature-
1>suits relating to right of worship.
2>suits for damages for civil wrong.
3>suits for specific performance of contracts and for damages for breach of contract.
4>suits for specific reliefs.
5>suits for restitution of conjugal rights.
6>suits for dissolution of marriage.
7>suits for rents.
Above mentioned suits neither fit in criteria of property suits or office suits then why and how there are suits of civil nature?how these suits fit in those criterias? Explain in detail.
Ramesh
19 March 2015 at 18:34
Dear Experts of the forum,
In a lease deed (Inam Land) my Grand Father did not mentioned boundaries and the extent of the land; which was leased (for aa chandrarkam, permanent lease) to a person Mr.'X' in the year 1935, but only some land marks are mentioned. But,after the death of Mr.'X' his wife leased the same land in the year 1948,to a person Mr.'Y', clearly stating that this land was obtained from my Grand Father on lease. And this lease deed contains the extent of the land and its boundaries clearly.
My grand Father gave only Ac 7 07 gts, out of Ac 49 38 gts. The case is going on for last 45 years. some times we won ,some times they manged in the different forums.
The problem we are facing is our grand Fathers lease deed; where extent and boundaries are not mentioned only land marks are given.
Please ,Please suggest me a way out for this problem, for which act i will be ever thankful to YOU and the FORUM.
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Civil suit to be filed for interest on recovery from builder
We had registered for 2 flats with the builder in 2012 for Rs. 34,00,000/- each, & agreed to make payments as & when required by the builder against the promise of the builder to give possession within 2 years, but did not executed any written agreement instead it was all orally agreed.
After then we made the first installment on 11th may 2012 to the builder. The total payment made was of Rs. 16,00,000/- for both flats (Rs. 8,00,000/- through A/c Payee Cheque & Rs. 8,00,000/- in cash).
Now, its being March 2015, but the possession is still not given & even making delays giving fake reasons, for the repayment of the said amount of Rs. 16,00,000/-.
So, my question are: -
1) Is there any time limitation for filing a civil suit for the same??
2) He has given us with post-dated cheques being dt. till the end of April-2015, so will be able to file a suit for interest thereon, even after receiving our original amount of Rs. 16,00,000/-??
3) Which sought of suit would be filed??
PLEASE GUIDE & HELP US..........