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Queries Participated

P.S.Subbaraman   11 September 2009 at 07:37

Specific Relief Act

My client's brother had agreed to relinquish his share in a property.The price for the property was fixed by him over phone. The correspondence were through emails alone between my client and his brother.The drafts of the proposed release deed was sent to my clients brother by my client. My clients brother had seen the mail but did not confirm the same in writing. An affirmation affidavit was sought by my clients brother from our client side and the same was also sent to him through email. In this affirmation affidavit the price for the property proposed to be released was clearly mentioned and the affidavit was notarised. Subsequently My clients brother had given a power to his son to execute the release deed in our clients favour.

The consideration and documents were engrossed in stamp papers. My clients brothers son at the last minute refused to sign the release deed on the ground that price is not matching and there is no agreement between my clients brother and our clients. My question is whether the email correspondence through rediff mail can be relied upon in the law courts .riven

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V.Raghavan   22 August 2009 at 13:41

How to handle the trial of the case?

The fact of the case is:
A (Defacto Complainant/Complainant)buys a car in 2001 his brother's sons (B & C)just take the car for a ride and didnot turn up for three days and after the fourth day they rang up and say due to their urgency they sold the car and they will pay the money in two or three days. A lodged complaint with the police against B & C and the police and Road Transport Office were in search of the car and the B & C. After nearly 5 months with the help of three neighbour state police and Road Transport Offices, the car was traced and its new owner(!) was arrested and from him the address of the B & C were obtained. Warrant taken and arrested B& C and brought him to the court by the police and FIR states the IPC sections 410,411,414,415 & 425 of offences they did.When the case is in its trial stage, the Court transfers the case to 'Lok Adalat' and try settle the matter amicably and the Accused agreed to pay the car sale value with in 3 months and they issue a cheque for the amount. The cheque bounced again the Complainant was in search of the B & C and finally they brought into the court after NBW was taken against them by filing a cheque bounced case(138 NI Act) for their willful default. After some hearings the accused pleaded the court to transfer this matter also to the Lok Adalat along with the previous case pending with them that they intend to settle the matter there itself. Against the intention of the Complainant court transfer it again Lok Adalat for settlement of both the case. There the B & C agreed to pay the cheque amount within 3 months and initially they paid Rs.75,000(for 1,90,000/-) and another Rs.80,000/- was paid in small instalments on the hearings and a balance of Rs.35,000/- is still kept pending even after the completion of 5 years of the transfer of the 138 NI Act case. The Complainant accepted the amount before 6 years that too the accused agreed to pay within 3 months. But even after 6 years the accused did not pay the full amount and they were continuously absent for the Lok Adalt. Finally last month since the complete settlement could not be effected the Lok Adalat remanded both the cases to the trial court. Now in the trial Court the accused represents he is ready to pay the balanace of Rs.35,000 plus another 5,ooo/- and demanding us to accept since the amount was agreed earlier. Now the complainat says since the accused made him to wait for nearly 6 years and even now they did not complete the payment of the agreed amount he demands another 1 lakh or else to conduct the trial of the case. The Proof affidavit filed and documents are marked in both the case. Since the accused admitted their offence(by paying the amount in parts) is any chance of requesting the trial court to pass order without the trial(documents are also marked)? Is there any rule or section in CrlP.C. to demand such. The Complainant is now 85 years old and sick and he may not be able to attend the trial(he is an ex-policeman)? Please advice me

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Hemalatha   10 March 2009 at 11:09

Registered Will

Dear Sir,

After registration of the Will, it is mandatory to probate the will.. pls clarify

regards,

Hemalatha L

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V.Raghavan   03 March 2009 at 14:20

What is the role of Commr of Labour in the cociliation proceedings?

Kindly inform me the role of the Commr of Labour in the cociliation proceedings? Can he pass an order without hearing the side of the management? Having received the full and final settlement a worker lodeged complaint with the Commr.of Labour seeking relief for further money or reinstatement. The company is a very small with 3 workers. The worker was in practise of joining and leaving the company thrice after getting settlment dues. Since it is very diffcult to get a trained worker the management was also in practise of appointing him often as a fresh one each time. In the last time he voluntarily left the company got the settlement amout and after trying employment somewhereelse and not found hence he lodged the complaint. Advice me is it to show all the records to this conciliation officer? Can he empowered to pass an order in this regard? If order passed how to challange it? To my satisfaction i feel the worker is paid more than he worked. The company is not under the purview of any of the labour act. Advice me.

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TS Bhatia   09 September 2008 at 13:00

purchase of flat

What are legal documents we should take from builder while purchasing flat/house ?

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Bindu   03 September 2008 at 10:19

Cancellation of Power of Attorney

How can a Power of Attorney be cancelled?

If by Revocation then what are the contents of the REvocation of Power of attorney?

Pls Provide the draft

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madhurMehta   30 August 2008 at 22:05

property law

Sir/madan

what is the difference between
probate,later of administration
heir ship certificate,succession

when immovable & movable both the properties are there then which certificate can get.
its an argent please give me reply as early as possible
thanks

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sundara kadeswaran   28 August 2008 at 19:10

Judicial Magistrate First Class and Second class

Is there existence of Judicial Magistrate as first class and second class in practice still?

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Anish Jain   28 August 2008 at 13:37

execution of decree

my brother had a shop on rent for selling of medicine. his landlord win a suit under section 13 of Haryana rent control act. court ordered that eject the shop with in two months or pay the rent outstanding.
within one month of order my brother got admission in engineering & we left the shop open after removing all our article. Now he is a student of engineering since last three years and it is his last year.

now the land lord after three years filed execution of that order and claimed possession of the shop and outstanding rent and charges.

Mistake on our part is that we did not hand over the possession to the landlord but laid it empty. later on landlord gave this shop to other tenant with in one month of decree. but we dont have any proof that the shop is in his possession since last three year after decree within one month.

what we can show is that my brother is regularly going to college to attend classes of engineering since last three years. As per drug inspector record the shop is closed since last three years. so what we will get by keeping the shop with us. and why a person will stay silence about the shop of which no rent is being received and the court has made the order in his favour.

AT the time of decree we had alreay purchased a shope in his to shift his shop in case he done not get admission in engineering but luckiliy he got admission and that our own shop is lying vacant since last three year. can it be a valid defence.

he has filed a false execution. can we take any civil or criminal action againt us for filing false execution since the shop is in his possession from last three years.
Pleas advice.

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Ambika.S   28 August 2008 at 11:59

Summons to the opposite party when he resides outside India

I have filed a case for Domestic Violence in which my client reside in Bangalore, India and the opposite party is presently residing in Australia. The case has been admitted and the Hon'ble Magistrate has issued summons to the opposite party. As the opposite party is avoiding summons the complainant is unable to serve the summons. Alternativly I have asked Court to issue summons through jurisdictional Commissioner of Police. Yet still summons are not served. They ask for the pasport no. which my client is unable to trace out. He is permanent resident of Bangalore.
In such a case how can my client find his passport no.?

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