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mintu 18 May 2014 at 11:58

Can development authority resolution applicable retrospectively?

Dear ld members

Can Development authority, say NOIDA Authority, resolution applicable retrospectively?
Or in another word
A authority passes a resolution imposing a certain conditions with respect to a plot on 15-08-2013 stating this resolution would be applicable w.e.f. Jan 2011.

Is this resolution valid in law?

Please refer relevant provision of law / judgments if any.

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essarr 20 June 2013 at 23:04

Agreement of sale

Dear Sir,

I wish to buy a ready built flat in my home town-Chennai . The owner of this flat had brought it from a reputed builder. However, due to personal reasons, the owner of this flat has not stayed in this flat and moved to his native place- Bagalore where the same reputed builder is owning apartments. This owner of the flat has signed an exchange agreement with the builder to buy a flat from the builder in his native place(BAngalore) and in lieu allowed the builder to sell his original flat in chennai.

The builder has offered me an agreement of sale mentioning the exchange agreement with the owner for the sale of flat in chennai. Is ist legally valid? Can I procedd with this agreement, since i am dealing with two sellers viz. the builder and the owner of the flat. Thanks..

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mintu 10 March 2011 at 15:36

meaning

Delhi High Court rules CHAPTER 5 Records—Their Inspection, Grant of Copies and Destruction- Part A - THE INSPECTION OF RECORDS rule 3 says:
Access to records—With the exception of the persons above-mentioned to one will be allowed access to the record of a pending case without the special order of Judge.

Link: http://delhihighcourt.nic.in/rules/Vol.5/Part5Chapter5.html

My query is :What is the meaning of aforesaid rule 3?

what does mean "access to records" in specific context of aforesaid provision?

Mintu Kumar

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Member (Account Deleted) 11 January 2011 at 23:41

Jurisdiction in case of Consumer Forum

What would be the jurisdiction in the following matter and can you please provide any citation on the subject.

A Product was ordered online in 2006 at Delhi from a Bangalore based company, as a result a quotation was generated by Bangalore office and emailed to the consumer. Quotation referred to some website URL of online terms and conditions.

The quotation accompanied with Demand Draft was couriered to Bangalore office. As a result, the product was manufactured in Malaysia was delivered at Company's Delhi address through Bangalore Office by some company's local agent. The company didn't have any branch office at Delhi.

Now, the Opposite Party in reply challenges the jurisdiction of Delhi court and produces a print out (printed in 2010 from website) of terms, which says the courts at bangalore would have exclusive jurisdiction.

So where the jurisdiction would lie and whether the terms can be challenged otherwise also, as not belonging to year 2006. And how it can be proved, what terms existed in 2006.. as over a period of 5 years they may not be the same ?

Thanks in anticipation !

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mahendrakumar 13 December 2010 at 06:59

whether a litigant a consumer

whether a litigant/petitioner of a consumer court comes under the definition of consumer,since he/she is paying a fee and availing the service?

If so can one file a consumer case against a cdrf for deficiency of service?

Any previous similar cases?

answer only,if you can provide the details like relevant rules/orders etc

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mintu 09 October 2010 at 17:17

meaning of "interest" in immovable property

Dear ld. members,

One of the difference between lease deed and leave & license deed is that "an interest" in not transfer in leave & license deed while the same is transferred in case of lease deed.

My question:

What is the meaning of "interest" in immovable property?

So that I can say see this interest not being transferred in case of eave & license deed while the same is being transferred in case of lease deed.

Thanks in advance.

with regards,

mintu

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mintu 14 September 2010 at 15:29

Lease of a fix term how to be determined

Sir,

Following are the relevant facts of the case:

Lessee, a reputed bank, entered into a lease for a period of 10 years with20% increase in rent after every 3 years Lessor, a limited company to use demised premises to carry on business of banking in all its form.

There is a clause in the said lease as follows:
"The Lessee shall be entitled to determine the lease during the continuance of its period by giving 3 months notice to the Lessor and on the expiry of the period of such notice the Lessor shall take possession of the demised premises and the Lessee shall not be liable for any future rent."

More than 6 years of lease period i.e. 10 years have been passed.

Now the Lessor wants to cause to vacate the demised premises.

Can he do that?

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mintu 18 June 2010 at 15:05

judgment required

Ld. Members

Please provide me the following judgment delivered by Hon'ble National Commission:

Presidency Post Master v. Dr. U. Shankar Rao,
II (1993) CPJ 141 (NC).

I have attempted to find it on net but failed.

Thanks in advanced

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mintu 02 June 2010 at 10:15

Can a money decree be sold ?

Dear Ld. Friends,

I have a query. Please tell me whether a money decree/arbitral award passed in favour of an individual by a court/tribunal such as arbitral can be sold to another individual.

Is there any requirement of license for purchasing money decree passed in favour of another individual?

I think T P Act does not prohibit it.

Please refer relevant law(s).

Thanks in advance for your great contribution

mintu

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mintu 18 May 2010 at 16:58

urgent _ stamp duty on issue of debentures

Ld. Members

Please provide the amount of stamp duty which is required to be paid on:

1) Issue of secured debentures
2) mortgage deed on creation of mortgage/charge/security for debentures

at Delhi.

Thanks in advance,

Mintu

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