Surrender K Singal
02 September 2014 at 16:10
A State Power Utility having placed a purchase Order on Micro Industrial Unit requiring 10% security deposit before establishing Letter of Credit for payment of ordered goods to be supplied. But, showing urgency, it procured almost 50% of the ordered material without opening LC on assurances of arranging LC and in the meantime, it cancelled the Order alleging delay in supply even though the basic leg of the contract being mode of payment remained neglected. Apparently, Power Corporation did not need balance material for which the MSE unit had already invested in inventory and to add fuel to fire, Corporation forfeited Security Deposit and other unpaid dues for material supplied in good faith. Writ Petition against arbitrary cancellation and forfeiture of Security Deposit remains to be considered even after notice to Respondent which has filed preliminary objection about Court's jurisdiction vis-a-vis Arbitration clause that was available in Tender but omitted in Purchase Order. Any advisory help in support of WRIT jurisdiction, please ?
KISHOR
02 September 2014 at 14:08
Our Grand Father left a will for a property which was challenged by my father's nephew and honourable court decided the case in our favour. Now since it is joint property ie., first floor occupied by our cousin brothers and ground floor by us except one room for which a case is going on High court, the cousins use abusive and vulgar languages against tempting us to fight with them. We are just waiting for high court judgement for vacating the room for which we are bearing the electricity bill for the past 18 years. My question is can we approach the lok adalat informing all the details and requesting the lok adalat for calling them for counselling. Pls let me know at the earliest as we are not able to tolerate their harrassment.
Thanks
S.D. Singh
02 September 2014 at 10:33
I am a tenant of a office for 25 years through valid written Rent and paying rent regularly. about 3 years back, land lord not came to collect the rent, I send the cheque on his residential address, which was returned as Left. Thereafter a notice from new man received by me that he has purchased the building and asked to vacate the premises. I though my advocate replied and requested to produce the documents that he has actually purchased the premises so that we may proceed further. The old land lord not intimated that he has sold out the property and he is also not traceable. What I should do so that in future new/old land lord can not harrase me for non-payment of rent. I am ready to pay the rent but whom to pay.
Suresh
01 September 2014 at 17:02
Parents (jointly built up properties all property is on name of mother). Mother was running a shop and father was in government job and also helping his wife to run shop. And all sons were studying and also helping mother in running shop when they have any free time from study in childhood.
All of sudden tragedy happens in the family father got expired and whole responsibility comes on the shoulders of mother to bring up her sons to get them established and settled.
She was getting government job of his husband on compensatory ground but decided to give that government job to her eldest son and plan to continue to run the shop.
Slowly slowly time passed and her other children who were studying and also settling in their career and life.
In this period every member of family giving his earning to elder brother and family income to let the family progress or elder brother was managing all the finances and everything was in his hand others were adult but blindly supporting the elder brother that he will get the family grow.
As the time passed brothers are getting married and still giving their earnings and family income to elder brother requesting him to construct house so it can accommodate future families of four brothers.
However, Elder brother not giving ear to this request and slowly slowly , brothers who are depositing his earnings with elder brother started sniffing wrong intentions of elder brother as when younger brother say to construct the house, he never reply on this subject and start fighting and say now shop and all busineses are in loss and every month there is loss. Now problem arise. Elder brother said too much expenses and all money is getting spend in managing day to day life of all. This issue stretch again for 2-3 years (quarrel continues , elder brother, brother in law start interferring in family matters) and finally second brother decide not to deposit his earning to elder brother till he will not clear how family of four brothers will live in future and when we will construct the house. Family have two plots (one is commercial and one resedential) and one flat (All in mother's name).
All family living is this commercial cum resendetial property from last 25 years, (This property is commercial cum residential, constructed years back , not well designed or space utilization). Younger brother said tell me when we construct the house , you tell me, I will take loan give you lump sump amount but can not deposit earnings every month , and if u say loss, loss, as after 10 years also you will say loss.
Finally after much quarrel one day elder brother disclosed his malafide intentions during fight, said he wants this commercial property or what he likes and what he wants, rest think about themselves (All are in position to build the house and can live in the house at each floor) but elder brother says he want this prime property where all complete family is living from last 25-30 years.
This has created lot of problems and no one is in good terms with each other . Mother is also in not with good terms with elder brother as he doesn't listen anything, his wife is of fighting nature , elder brothers brother in law also interfere much in family matters.
Mother
1. Elder brother - His wife quarrels much
2. Second brother
3. Younger
4. Youngest
Now, after lot of fighting , [now, second brother and youngest one is one side (M, 2 ,4)] , and elder and younger (1,3) is on another side.
Mother is with (2, 4), 2 and 4 say lets construct this house of four floors and each brother takes each floor.
1 say i want what I want , 3 says I am with 1 whatever he will do. 1 , 3 also kept all the money which he was managing and others were depositing with him in hope elder one will construct house for all.
1 and 3 are in government job, 2 nd one is in private job and 4th one has just completed his studies, 2 , 4 are still helping mother to run the shop. Earlier, 1 was also helping mother but 3rd one never did much and was just studying only.
Now, 2,4 wants we all live here, still ready to contribute their earnings but amount when work is known, not just deposit all spended, and there is loss, but 1,3 intentions are not clear.
Currently, Elder brother and 3rd one had occupied the Ist floor one room each in the building which was build okay in the old construction also (means family of mother) . Mother also occupied one room to just sleep otherwise they force mother to throw out. 2, 4 occupied 3rd floor not build fine. ALL giving earning to elder brother but he was saying loss and was not disclosing about building the house or what are his plan as he is taking earinigs of all memebers of family. 2 nd says either you don't take daily monthly earinings of all members and say, loss else take big amount and let us know how four families will be accomodated in future. This building is commercial cum resedential and another one is resedential. 1 ,3 are in government job earlier 3rd one in Private job but moved to gvnt job, 2nd one is in private job , 4th has completed studies lately.
Please tell me what my mother should do so that 2,4 rights are protected and in future there would not be any problem. 2, 4 don't want others right but 1 and 3's intentions are not clear. 2, 4 are disclosing all that lets built both plots and each brother takes each floor at both places. but 1 and 3s intentions not clear just fight and want money and say loss and start fighting. 1 and 3 are in good government job also
If you want i can provide more details.
We have other properties also etc in village and here also but rather then discussing about them , I personally was depositing my earnings and wanted to construct these houses so we have enough and sufficient for four brothers and their future families, so in future also we won't fight when we have enough and we can get adjusted and accommodated and we keep on progressing but my eldest brother intentions not clear he says keep depositing your earnings on monthly basis (no other way , as lump sump or for what reason no question only deposit earning and forget) till whole life and then loss and don't ask anything and don't discuss to build anything, unable to understand what he wants,
Please suggest.
minsal
01 September 2014 at 15:21
Dear Expert,
I urgently in need of a citation on a point that "in absence of the order of the stay, no one can stop the party to continue their work only on the point that an appeal is filed(i.e. without stay).
Thanks in advanace
Venkatesh S K
01 September 2014 at 15:08
1) Almost a Month ago my mother registered two release deed on the same day.
2) First Release Deed(AAA) was written by Mom towards one of her son on property A and it was executed without any problem.
3) The second release deed(BBB) was executed by my Mother on the same day, as a power agent of 3 of her sister in law and a brother in law, on property B with a power of attorney(POA) given by them to release 4/6 of their share to one of their own sister. Basically, three sisters and a brother are releasing their right on property B towards their own sister through a POA given to their sister-in-law (my Mom). My mother only has the right to release the 4/6th share towards on of their sisters. My mother is just a Power Agent and has no financial benefits. The reason they used my mom as a power agent is because the 4 power givers and the benefiting sister are all based in Chennai and the property and my mother are based in a village about 800 kms away from the city, which they cant travel at ages of between 65 and 80. To release the 4/6th share the benefiting sister doesn't need to be available in the village SRO to sign the release deed to receive that 4/6 th share. As it was released through a POA written in Chennai, they kept it pending for 10 days to see if the POA is still live and when they found out through an official letter from Chennai Sub registrar office, they released the pending number and registered the document.
4) Now there is a problem with the second Release Deed BBB. When they kept the document in pending for almost 10 days the officer in the Sub registrar office in the village lost two important papers in that document. One of the paper is very crucial with my Mom's finger print, photo, her two signatures, two witnesses' signatures, and the unique QR code in the last page. Now, fearing punishment from higher officers, the officers there took a paper containing all the above for the release deed AAA, took a xerox copy of it and made some alterations with the registration number and added it to the release deed BBB, scanned it and registered it.
I found that when I got that document almost a month later.
We want a legally acceptable release deed registered on property B. Under this circumstance, to register a legally acceptable release deed document like that, what should we do now?
Can my mother unilaterally register a cancellation deed to Cancel release deed document BBB mentioning all reasons why we are cancelling it and re-register the Document BBB as CCC - as a new release deed document written by my Mom and to the same beneficiary sister and with the same witnesses. Will that be legally acceptable or can anybody challenge it in the court that both documents BBB and CCC are not written as per registration rules.
Please someone take the time to examine my situation and give me the right advice. Thank you .
Singh_1984
01 September 2014 at 10:39
Under 498A when my wife was asked to give all the evidences with respect to latest SC judgement of automatic arrest , my wife did not turn to police for about 1.5 month. Now the DSP has handed over the case to her junior . i.e SHO. SHO now is not listening to DSP and is not ready to see our evidences and proofs, instead even after reading the SC judgment he says I can still arrest. Instead of Asking for proofs and evidences from MY WIFE , he forced us to keep the girl. My wife now is ready to come to home without giving anything in writing. Her father will come and will leave her 2morrow at our house. SHO said girl will not give anything in writing and u have to keep her.
Please advice what all preventive steps shall I take now so that even if she does something wrong in my house I can save myself?
Thanking u all in Anticipation
saran kumar
01 September 2014 at 03:33
Decree for specific performance of sale of immovable property has been order by the trail court agaist 'A' in favor of 'B'.
'B' filled an executive petition by paying the balence sale consideration in the court.
'A' appeal before high court challenging the decree. Court stayed EP procedings.
'B' transferred the decree to new 'C' on receiving money through registered deed of assignment.
'B' requested high court to let him take his money as proceding are likely to take long time. Court allowed him to take his money on the undertakeing that he would re deposit if sale goes in his favour with in one month.
In the mean time 'C' tried to implead himself in the high court as a party as he got decree assigned by 'B'. High court directed him to apply in the execution court as execution petition is lying in the lower court.
'C' got himself impleaded in the execution court(but not in high court where appeal is lying) as second decree holder.
'C' requested the court to issue a cheque in his name for the amount paied by 'B'. B gave 'No objection'. 'C' has taken the money from the court.
Now,
'C' got in to settlement with 'A' with following terms.
---
'A' will withdraw appeal.
'C' will pay(amount higher than the amount in the decree) 'A' on or before dd/mm/yy.
"if 'C' does not pay on or before dd/mm 'A' has liberly to deal with his property as he wish.
if 'A' does not register the property 'C' can approach competent court to get the "decree" already passes executed.
---
'C' could not come up with sale consideration. So, 'C' paid 40% and 'A' and 'C' agreed to exted the time for 3 months
again 'C' could not come up with complete amount. 'A' and 'C' agreed to extend the time for 1 more month.
in the mean time 'A' got appeal withdrawn saying "parties got compromised" in the presence of counsel for 'A' and 'B'. As a consequence stay on EP is released.
'C' could not come up with money. caused a notice accusing 'A' demanded extra money and said he will approach court to get sale deed executed.
neither 'B' or 'C' could redeposit the 'decree' amount with in 1 month as said by high court order while allowing them(actually 'B') to with draw the amount
NOW, IS THE EXISTING EP MAINTAINABLE? SHOULD NOT THE 'C' FILE A DIFFERENT CASE BY PAYING CF FOR THE NEW AGREEMENT AMOUNT THEN GET DECREE.
Respected Experts I will be very thankful for your reply
gopalaswamyb
31 August 2014 at 20:00
This is a housing complex behind queensland poonamalee chennai. The builder has programmed 2 phases of construction with shopping complex, swimming poll etc. The first phase is nearing completion which has about 150 houses andalmost allof them sold out . The total occupants are about 30 or so and out of which only about 18 are owners and others are studemts.Swimming pool shopping complex water treatment plant sweage treatment plant promissed are yet to be constructed .while obtaning
Approvalfrom local body the builder hasgoven away
Some land. He has taken devolopment, and infrastructure charhes from all owners. The main road and some of the inner roads and some inner rbelong to local body. The garden also belong to localbody
Now he claims Rs 2 for built uparea without justifying his claim nor providing the promissed facity. He thretens tostopwater and other things like sewage street lightetc.
We donot know the other address of other owners wh
Now he is demanding Rs 2 per sqftofbuiltup
It is not possible toforman association with the meagre number of 18 when the house owners are about150 .
Pl let usknow whetherhe canstop the essentials and putus indifficulty, sincethe workforcewithhim, what is the safeguard
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Guide pls
Dear guests,
i want to give my first floor to rent. Now talk is complete with one party and he is sayig that we will prepare lease deed fr 11 months. I said y lease deed, we can make simple rent agreement also.
He says lease deed i want because it is safer for both of us as it is made on 100 rupee stamp paper and it shows commercial transaction between owner and tenant.
Experts pls guide, is he saying right?
can i being a owner do this, any risk involved?
can rent agreement be made on stamp paper or only lease deed is made on stamp paper/.