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srinivas   05 November 2008 at 18:15

Can Indemnity clause be exercised?

situation:
Mr.A defaults repayment of housing loan taken for purchase of a site and construction. The nationalised bank calls for an auction in its premises and sells the site to Mr.X in the auction. Mr.X has paid full consideration for the site but the bank has not yet registered the site in the name of Mr.X even after 22 months from the date of auction. When Mr.X verified the property documents which were with the bank which the bank did not give before the auction the bank did not have all the documents required for registration of the property in his X name. so Mr. X insisted the bank to induct the indemnity clause into the certificate of sale and to provide all the necessary documents required for registration but the bank is just deny Mr.x that they cannot give any documents nor they will induct the indemnity clause. When Mr.X verified a copy of the sale deed of Mr.A which Mr.X received from the bank , Mr.X came to know that the bank officials have released the loan to Mr.A even for construction when there is no construction at all and they are fearing that if they induct any indemnity clause they may be in trouble for any future problems that may araise in the future.

What measures can Mr.X take to get the site registered in his name?

Several requests to various officials of the bank have failed to get any response from the bank.(at the regional levels & h.o.level)

Oorappan   04 November 2008 at 13:20

Dispute b\w Resident and the association of an apartment

We are owner and resident in an apartment reseeding from April 1995.

In August 2000 apartment’s Association increased the monthly maintenance charge from 450 RS to 775 RS, to pay depth made by the earlier association committee.
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We paid the above maintenance for the month of August 2000 and we requested the Depth Details, Auditing Report and Bank transaction list of the association and they did not provide any information for the above.
We declined to pay the maintenance till they provide the requested information.
Association disconnected the water supply to my home on January 2001 (i.e. after the five months of declining to pay maintenance.) without providing the Requested information.
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We filled a case on December 2001 at Court of the commissioner for people with disabilities as per the people with disability act 1995 as I am physically disabled person.
Then Case was dismissed on December 2006 saying that this is a personal and disability act will not apply to it.
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We requested auditing report with District Registrar of the apartment’s association as per RTI act 2005.
They Furnished Registration Number (Association was registered October 1999) and bylaws for association, there was not auditing report filling as per District Registrar from the day of the Registration.
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We requested bank transaction with the bank were the association has the account.
They denied saying that association did not permit to provide permission to provide the requested details.
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Please advice to solve the present problem legally

vinoth   04 November 2008 at 07:05

i need a reply for this

1. a suit is filed against bhoopathy and kiran by rangan for recovery of possession of a plot of land. the suit is dismissed against kiran for want of cause of act but decreed against bhoopathy. rangan, in execution of this decree, takes delivery of possession of land in excess of the decree which belongs to kiran. now kiran wants to file a suit. decide?

2. a suit is filed by madhavan against ram for the recovery of rs. 60,000 due under a contract. ram admits madhavan's claim, but claims to set off several sums of money alleged to be damages sustained by him by reason of madhavan's breach of some of the terms of the same contract. state whether ram is entitled to claim set off.

3. in a suit filed by "raghu", the request of the defendant "sivam" for adjournment is rejected by the court and the suit is heard exparte on the date fixed by the court and a decree is passed. give advice to the defendant "sivam"?


4. a suit for joint possession is filed by "x" in the district in munsif's court which has no jurisdiction. this initial defect in the presentation was cured by the district judge by transferring it to the sub-court. analyse the validity of the order passed by the district judge?

Pardeep jagdeva   03 November 2008 at 13:43

Limitation act

In money recovery cases when the cause of action arise and what limitation counts.

Pardeep jagdeva   03 November 2008 at 13:42

Limitation act

In recovery cases when the cause of action arise and which limitation counts.

vijayakumar   02 November 2008 at 20:40

double document of land

Person A is a legitimate owner of land - documented in 1986. From a Bhad a power of document in 1988 & sold to c.
Another power document from A is made in 1992 to D by the same person who has sold to E.. Person A, B, D cannot be traced.
Hence for the same piesce of land 2 documents are existing. I have purchsed from E. in the year 2000in the year 2000
What should I do & what is the remedy/

Kindly help.

Khaleel Ahmed   02 November 2008 at 17:42

Declaration of Title

Plaintiff filed suit for declaration of title against Defendant Municipality.Suit for declaration of title filed against the defendant is merely because the defendant denied the title of the plaintiff in written statement. The Defendent have no documentary evidence or orally evidence in their support. The plaintiff have filed 44 exhibits in support of there claim. But unfortunately suit was dissmissed by the trial court. The plaintiff filed appeal against the decree and judgement. During the pendency of appeal the respondent Municipality issued building construction permissions to the appellant and alloted house no and issued owner ship certificate. Could the appeallant file a leave petition asking the court that the suit has been adjusted totally and the satisfaction may be recorded and appeal may be closed ? Can the court could pass orders prayed.



Khaleel Ahmed

KODAKKAL SHIVAPRASAD   02 November 2008 at 15:10

disabled person's promotion denied case : service matter

Am hearing impaired attended & wrote promotion written test for the post of manager at a nationalized bank, but bank has not listed my name in the successful candidates list,then I approached the Chairman of the bank to consider my promotion to the manager cadre under disabled persons reservation quota. Unfortunately lower office of the bank replied that there have no promotion reservation for disabled officers to manager cadre. Basing on this reply I approached the Ministry of Social Justice & Empowerment, Govt. of India about the problem to get my rightful promotion. Then the Director, Ministry of Social Justice & Empowerment, Govt. of India directed the bank to look in to the matter for my promotion. Then bank have not replied to the ministry as the ministry is supremo for all disabled amendments etc. Therefore ministry has forwarded my appeal for consideration to the Industrial Relation Section of Banking Department,Ministry of Finance, Govt. of India and was pending for hearing. But for an speedy recovery I forced to file an write petition at High Court of Karnataka and was listed for hearing and was actioned to issue notice to the bank. Now the matter was pending at High Court of Karntaka.

Please ascertain the outcome of the case for an amicable approach.

Details are available at : http://www.petitiononline.com/924/petition.html

Vivek Banginwar   01 November 2008 at 19:47

format of english 7/12

Sir, kindly provide me a format of 7/12 extract and mutation in english format urgently.
thanks

bhuushan bankar   01 November 2008 at 15:38

cpc o39 r 2 and o41 r 5

if there is consent term taken place in a spl. civil suit can the defendants that is any one of them can file another suit challenging the consent term which they have agreed to and which was read to them by their Adv. and also the judge had asked them whether they agreed this consent term .... so can any one of them harass the plaintiff for more money