Adv M.D.Azhar
28 July 2014 at 15:38
sir if application or the appointment of comissioner is not given under o.26.r.9 of c.p.c. but given wrongly u.p. o.26.r.7 of c.p.c. and during the submission he did not clarifed that such provision mentioned wrongly in the application. yet court allowed application u. o.26.r.9 so weather such kind of order can be passed by the court?
Jagruti
28 July 2014 at 11:51
i have taken loan from NBFC for which i was unable to pay the ECS since last 2 yrs during the period i hv paid some amount like 4 emi in cash my loan is unsecured loan. nbfc have filed 138 complaint against me and now they are filling recovery suit also at one of their clause they have mentioned in the plaint like under order 37 and else where mentioned civil recovery suit please tell me what will be worst sinerion in this case?
sushil bhatt
28 July 2014 at 11:41
Dear experts
I (Indian Company based in Delhi) have given a contract for supply of some Machines to be installed in Nagpur to an Indian Company based in Kolkata (supplier). The contract is only between me and supplier and governed by Indian Laws.
The Company was supposed to give me a performance bank guarantee (PBG) of 10% of contract value against releasing final payment.
The Supplier has its parent company in Germany and some components are imported by Supplier from its parent company for execution of the contract. But there is no privity of contract between me and parent company.
Now the work is nearly completion, the supplier has submitted the PBG through its parent company's bankers in Germany. Means the PBG is arranged by parent company from Germany on behalf of supplier.
My query:
As per Indian law, the PBG submitted by Supplier through its parent company from a bank situated in Germany, is valid or not?
If not, then please suggest some RBI/ Banking law / FEMA provisions so that the same can be clarified to the supplier.
praveen
27 July 2014 at 20:16
If there is a conflicting clauses in mortgage deed, which clauses will prevail?
For example if the first clause of the agreement provides that Mortgage is for 10 years. and Next clause says that Mortgagee should be in possession of the property till the money is repaid which implies there is no time limit for mortgage?
As per the law of interpretation, if there is a conflicting agreement the latest clause will prevail over earlier clause. Is our understanding correct?
chandan
27 July 2014 at 16:14
I am in need of two bare acts which are not available in market and are also not available on net. If anybody having copy pls forward. These acts are:-
1- Govt. of India Act 1858
2- Conveyance of land Act 1854
these acts are now not in force, but I need them for my case.
An early reply/action will be highly appreciated.
-Chandan Airen
Advocate
adv.chandanairen@gmail.com
manojtiwari
27 July 2014 at 15:38
i &mybrother are owner of residential house ragisterd in kanpur(u.p)nagar nigam because i am alone&unmarred my brother&his sons want forcely aquired my share. so i want to divide my1/2 share by court.dueto my financial weak position i want to know court fees of my half share before case file in the court.acording to circle rate value of whole houseland is 80lakh & market value is 1carore. house tax is Rs 5000/peryear & my house is 40 yrars old .so please tell me court fees of my 1/2 share.please please please help me
Arun
27 July 2014 at 14:16
Can anyone kindly provide me the information regarding the Validity/Duration of an Agreement and A Promissary note with respect to money transaction. What should be done if the validy expires and what will be the situation if not renewed on time.
anil sharma
27 July 2014 at 13:24
hello respected experts
wants to know that I was terminated from rajasthan roadway due to gaban, court judgment has my favour, and department is not ready to agree that I am not guilty, neighter department giving me the order for joining my duty, criminal court has also free for me of charges, labour court decided in my favour and some amount of balance given to me but department is saying that this court had not right to hearing so they file second appeal against the decission of ADJ'S CIVIL COURTS ORDER OR DECREE IN RAJASTHAN HIGH COURT JAIPUR BENCH,
what is the legal option, plz suggest me, as soon sa possible
thanks
PRAKASHCHANDRA MARU
26 July 2014 at 22:27
hello all learned
mrs. X got decree in favour of her regarding the possession of the house but she died now her heirs are alive can they apply for the execution of decree
Regars
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Open plot measured with common plot of society can be sale by auction?
Sir,
My client is residing in a co operative housing society.
In the N.A. Lay out plan there was 17 plots for residential purpose shown.
But the builder of the society exposed key plan with 16 bungalows.
My client had purchased plot number 5 through allotment. in 1980 the allotment has been done only for 16 plots and all were constructed as per builder's key plan(16).
Then the whole society came under city survey. the city survey officer numbered 16 plots[ residential plots] and 17th for the common plot road and margin so in city survey record there is 17 numbers i.e. 1015 to 1031. No one of the society member knows there is existence of 17th residential plot.
every year in society general meeting all 16 members remain present.
till 1997 no one knows the Lay out plan submitted in N.A. proceedings.
in 1997 in general meeting it was decided that the open plot [ not common plot] between plot number 9 & 10 to be auctioned. and in the same meeting the open plot auctioned such plot purchased by 'p' the owner of the plot no.9.
in that meeting instead of owner of plot no. 10 'A' his wife 'Z' was present and signed in the name of her husband. [ fack sign].
in 2012 'z' died and 'p' started construction on the purchased plot.
Question is that
1. The sale is valid?
2. Can 'A' challenge the construction?
the city survey numbered the open plot as 1031b [ 1031 a for common plot and road- margins etc.]
Now a days construction has been completed and 'p' started dwelling in the house. He threatened my client 'A' not to file any suit or complaint in any court.