Vikas Aneja
12 June 2010 at 18:58
My client had entered into an agreement to sell on 17-11-08 as a purchaser of some land for total consideration of Rs. 7,10,000/- and he paid Rs 4 lac as earnest money and the date of execution of sale was fixed 2-3-08. My client got marked his attandence in the office of sub registrar but the seller did not come. Now I have filed suit for possession by way of specific performance and in the alternative for recovery of Rs. 8 lac as double the earnest money.
Now My client wants to recover the earnest money as the value of property has been reduced.
But now the other party appear in the court and without filing written statement, they filed an application in the court to execute the agreement as they are ready to execute the sale deed. they also make statement in the court in this behalf.
I object this and i asked the court orally that My client is also ready to get the sale deed executed in his favour but the defendant should pay compensation to my client as he got the benefits of the suit property and also got benefits of earnest money. But as I have not demanded compensation in the plaint, the counsel for defendant raised this point.I got adjournment for reply to application filed by them.
I know I can amend the plaint and demand compensation as there is provision in section 21 of specific relief Act to amend the plaint for compensation.
But the question is should i amend the prayer clause only or I should amend the whole plaint.
The other question is whether i can compel the court to give damages to my client otherwise I give up the claim of specific relief and to grant alternative suit of recovery.
And if i give up the claim of specific relief, is there any chance of dismissing of my suit.
How can i got back the earnest money without got specific relief?
Plz give suggestions and law points.
Anonymous
12 June 2010 at 18:51
A pharmaceuticl company in Thane is refusing to provide a form for PF withdrawal. After having offered to go to PF office to fetch the form, company repeatedly declined to provide PF account number. It's 8 months since the employee resined . Company did not mention PF number on salary slip. Also, company has been refusing to issue a form-16 to enable me to pay taxes.
Please help,
Sameer ZOdgekar
Anonymous
12 June 2010 at 17:52
while computing the period of 30 days to send notice of dishonour under negotiable instruments act whether the day on which notice is sent is included or excluded
dipankar
12 June 2010 at 17:23
my wife is not accepting marriage.i have a marriage photo but no negatives.shall i photograph the photo itself to get the negatives.i also have 2 witnesses of my marriage and a mail from her where she has accepted her marriage.is it enough to prove marriage in court.
Arlene
12 June 2010 at 17:10
Dear Sir,
Our building was constructed in 2004 and society was formed in 2005. WE have obtained all documents from builder except the conveyance deed, which he refuses to hand over. Now after 5 years, he is constructing additional 3 floors. Not all flat owners have given their consent. This construction is causing a nuisance and disturbance to all on a daily basis. Builder claims that he has FSI and TDR in place, so all is Legal. Please let me know if we can take any action against him? Can we oppose this? Thank you.
Anonymous
12 June 2010 at 16:34
Dear Experts ,what is the court fee charges in a decree will be ?in city civil court Hyderabad A.P. THE MARKET VALUE IS AT THE TIME WAS 1200000/-IN 1988.FOR 7000=00 SQ.YARDS NOW THE MARKET VALUE RISED TO 16000/-SQ.YARD WHICH COMES TO 11,20,00000/-total value of plot. NOW the question is that how much court fee shall be borne by the plaintiff for the case to obtain decree from the court?aganist the diffandants?as exparty decree, kindly give me the court fee particulars ,thanking you sirs.URGENT PLEASE..
Monika Singh
12 June 2010 at 16:21
Hi All!
Please tell me can we use trust land allotted to us for hospital/college in other business.
if yes than in which business?
Gaurav Nanda
12 June 2010 at 15:16
This is my family case........my grandmother is fighting for her right to pension, my late grandfather was servant under punjab government....later when punjab was divided and himachal emerged then he became servant of Himachal Pradesh (H.P. Road Transportation),Since the punjab govt. rules and laws continue to Himachal also till they are changed, hence the benefits of Punjab should extend to Himachal also, but in himachal the himachal govt in saying that they will give pension to only those employees who retired after 1995 while my grandfather retired in 1986 and i think Himachal govt. passed it's own Act on this issue in 1992. Please advice on what are the rights of my grandmother.....and what chances we have of winning the case.....and any caselaw or any other law that is for our benefits,then please highlight that. Any other advice on this issue is most welcomed.
venu
12 June 2010 at 14:05
I had given my credit card to my friend to open a web site in a address where his office was there. In the registrant column my name and email id were displayed.
After two months the office shifted and after some time now its closed.
Now the original owner claims that my name is in the registrant name and my contact details and has sent a legal notice saying its a cyber crime giving my details where there is no office existing
Have contacted the company where he registered and got changed the name
my queries
is it a cyber crime
am i punishable
how do i come out
can anyone help
form bangalore
send your answers to venu.mindspace@gmail.com also please
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Power of Attorney expired in 138 N.I Act case
In present case u/s 138 N.I Act the complainant is a N.B.F.C company and is hence represented by Power of Attorney holder who is a recovery officer of company. The P.O.A submitted by ccompany states that that it is valid till 31.03.2010 and on this date it will be cancelled automatically. Now the case has reached stage of Cross-Examination of Complainant i.e P.O.A holder on 28.06.2010 but the P.O.A is already expired and it has not yet been renewed yet moreover magistrate is not issuing directions for renewal of POA. What can be done in such a scnenario? I am appearing for accused and has already raised an objection, Kindly provide any solution.
Thanks and regards
Adv Sujit J Pathak