salman khan
09 March 2012 at 13:05
i would like to know that whether one advocate can set their own office or business for the personal documentation work nearby another Advocate office in his surrounding area and there is any terms and condition that office must be far or away from 100 meter or kilometer from another office of Advocate as per ADVOCATE ACT, 1960. OR any such kind of law regarding in this matter
sasankajyoti sharma
09 March 2012 at 10:00
First of all happy holi and International Woman's Day to all.
My query - A man purchased a Maruti Car from a dealer on Bank Finance and the Bank gave the loan to him after fulfillment of the requisite norms for the Loan. But during the course of time the man was unable to repay his loan installments and his car was pulled and taken back by the Bank authorities and the Bank authorities later have sold the car through an auction. The auction of the car was not even informed to the man.
The auction value of the car was not sufficient to complete the installment due against the car and to mitigate the loss and recovery of the balance money the Bank authorities have opted for an Arbitration Proceeding against the man. The man did not appear before the Arbitration Proceedings and the said Proceeding has passed an Order Expertee for payment of the balance amount of money remaining un-recovered by the Bnak after the aforesaid auction sale of the said car. The man is regularly asked to pay the money as passed by the aforesaid order and he is threatened of dire consequences if he fails to pay the same.
Considering the present income conditions the man is unable to repay the money aforesaid.
Now, what is the option left to the man? Can there any suit be instituted against the man by the Bank authorities?
koteswara rao jonnalagadda
09 March 2012 at 01:38
to,
the expert lawyers,
namaskar,
i am from hyderabad,i have taken a foreign education loan for my daughter in the year 2003 for i year study at ireland.
the banker o.b.c realsed the loan by taking 20,000 morgin money and two surities.the loan amount was 5300 s.pounds.this banker cheque was given by h.s.b.c.since o.b.c.does not having foreign currency bank.
we took the banker cheque and handedover to the ireland university and they have conformed the seat what they have reserved for us.
after a month we have received messege from the local agent stating that our seat was cancelled.
we approached each and evehy sourse to find out the reason finally we came to know through local agent that the bankercheque was not hounured and given a letter with the data.
with that letter we went to bank but banker said the cheque was passed on ------
of 2003.
we are in bigger confusion because university is telling that they have incurred loss by not selling the seatand banker is asking us to submit the university fee receipt.both to geather created big hangama.
we made lot of correspondence to bank as well as to university and its local agent.
finally banker accepted that the banker cheque was not hounered due to some teqnical issues between two banks.
on our enquery we came to know that banker supose to give swift conformation to the clearing house other wise it will be dishounered.it happend because of the pure negligence of the bankers.i have collected all the evidence papers.
it took six months to get back the original d.d and handedover to the bank.
now the banker is demanding interesr for the period from the date of handing over of the d.d to till the date of receiving of the d.d.though it was not encashed also.from that day to till date compounding on monthly basis the bank arrived for rs 90,000/-
here they are not responding for my 20,000/-margin plus interest on it 9 years and huge amount incurred on it and my daughters ecadamic year loss,entire family tention etc.
i want make a claim on banks for the entire loss .kindly advise me how to procede.
with regards,
koteshwara rao jonnalagadda
P.C. Joshi
09 March 2012 at 00:24
Dear Sirs,
Members views are solicited on the following issue.
A Pvt. Ltd. enetered into a C&F agreement with a proprietory concern B for a period of one year against payment of commission at fixed rate, reimbursement of monthly fixed expenses and loading unlosding charges at per kg basis. While thev agreement is on, the c &f agents wants A Pvt. Ltd. to make payment in three diffrent names viz pary amount in the name of proprietor concern i.e. B , part payment in the personal name of proprietor and some part payment in the name of his wife.
Can such an arrangement be legally made by inserting an amendatory agreement wherein the agreement is in name of proprietor concern and payment to in different names..
Thanks
P.c. Joshi
PJANARDHANA REDDY
23 October 2009 at 07:24
CAN EXPERT COMMENT ON;;
YESTERDAY, AN ADVOCATE FILED A MONEY SUIT WITH ONLY CHEQUE (BOUNCED ONE YEAR BACK) WITHOUT ANY PROMISORY NOTE OR ANY SUPPORT DOCS. WHETHER SUIT IS MAINTENABLE OR NOT
yogesh
21 October 2009 at 20:48
Dear Sir,
I didnot get exact reply from the members as many of the opinion were differ from each other
so, i quoting once gain
That the Hon'ble Tribunal has refused to entertain my request for filing the written arguments.Respecting the advice/direction given by the court, I decide not to file the same But I want to file the citations and judgements summary/brief of some case so that it may help in applicability of the ratio-decidi /judgments before prononcement of the order
So, keeping on above perspective in what manner I should file the citations
Whether by M.A(Miscllanous Application) ???
Please inform whether supporting affidavit is essential???
I will gartful if any member help me in very-very brief outline
Thanking you in anticipation
& Regards
Yogesh
Ratna Kumar
21 October 2009 at 16:58
One of my friends took a loan from a MNC Bank in 2000. That MNC bank was absorbed by another bank.Friend repaid nearly 50% of the principal amount through PDC.
Due to unemployment , he could not pay the same . After he got a job in 2002 , I paid some installments and last installment was paid on November 2003. No action was taken by a bank under 138 of NI. The PDC had been lapsed.
Now he is working in a company in Kerala whereas he family lives in Chennai.
Now , bank is traced his details tru job sites and started to give trouble asking him to pay the balance dues.
He told them that though the debt is time barred , he is ready to pay a sum on ethical grounds as a one time settlement.
The bank is threatening to file a case.
Is it possible to file a criminal case for the civil offense ( as this has been referred by Justice Raghupathy in 2008),
What is the remedy available to my friend?
Can any Chennai Lawyer wants to help him to come out of this issue?
Regards,
Kumar
V.Satya venkatarao
11 March 2009 at 21:00
Under the SRFA Act 2002, secured creditors can take possesion of secured assetstheir charged to them for realisation of their dues. My query is when the asset is put to sale through public auction what is the time gap that is required to be maintained between the date of publication of sale and the actual sale ie whether it would be proper if a sale notice is published on say 17-3-2009 and the sale is conducted say on 30-3-2009?
Y V Vishweshwar Rao
05 March 2009 at 09:54
Specific performance such - agreement for ten acre land out of it 5 acres sold to the nominee of the Agreement holder-no dispute for that part of five acres .The remaining part five acres performance is due and disputed by the Vendor .The Suit Value is the Value of the remaining 5-00 acres in the specif performance suit . Is it required to pay Court fee on the entire Sale agreement value of ten acres
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Can a survey be done wihout notice to neighbhours
Sir,
I am holding a plot in Ghatkeskar Mandal, RR Dist, Hyderabad.
One of the Pattadar is an owner of Survey No.X, he has made a lat out in 1981 and sold all the plots, now he contends that he has some more acres in the said survey which could not be traced.
He has applied for demarcation of boundaries at The Office of Asst.Director of Survey and Land Records, RR Dist.
Without any notice served to the neighbour survey numbers the Survey was being conducted and when some of the plot owners objected the Surveyor said he would do the survey after a week.
There is an ongoing Civil Suit between the said pattadar and some other Pattadars and the case is at evidence stage.
The pattadar who has asked the survey now has filed an I.A before the Principal Civil Judge, RR Dist. in 2004 to appoint an Advocate Commissioner to demarcate the survey nos, with the help of Asst. Director Survey and Land Records.
The said I.A was dismissed on 22-4-2004
In his Judgment the Hon'ble Judge has observed "that the said pattdar has to prove his possession on evidence and he cannot try to fish-out evidence through Advocate Commissioner with the help of Asst. Director of Land and Records.
When the certified copy of the said order was shown to the Asst. Director of Land Records strangely he is asking proof to whether that said order is still sustainable.
There were no other orders from any court other than the order of the Prinipal Judge of City Civil Courts.
Can the survey be stopped pending notification to the neighbhouring survey number owners.
Is there anyother way to stop the survey as the person who has asked this survey is trying to encroach into neighbouring survey plot owners.
thanking you,