queryking
03 April 2010 at 22:54
the bank has approached the civil court about 4 years bank obtained the decree against the borrower and now they have issued notice under securitizatin act, can they? how far it is correct? i have the feeling that they cant take any action under the securization act, is there any citations?
plz.......most urgent.......
anupam sharma
03 April 2010 at 22:28
what would be the remedies for a firm IN PANCHKULA whose trademark is being used by another firm in ludhiana ?? although an application for registration of trademark was filed on 04.06.2009 and registration certificate waseceived on02.04.2010,can a suit for infringement be put for the said offence before the registartion but after the application for such registraton of trademark??? any other remedies////ANY CITATIONS???
Anonymous
03 April 2010 at 21:44
Dear all LCI members,
Kindly help me with the full text of the below judgements at the earliest.
1. Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Prayer for amendment must satisfy two conditions (i) that it is not causing injustice to the other side; and (ii) the proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties. 2010(1) Civil Court Cases 579 (P&H)
2. Civil Procedure Code, 1908, O.6.R.17 - Pleadings - Amendment can be allowed at any stage unless and until it is shown that the plea sought to be incorporated by way of amendment, was not in the knowledge of the plaintiff at the time of filing of the plaint or written statement. 2010(1) Civil Court Cases 600 (Allahabad)
3. Limitation Act, 1963, S.58 - Suit for declaration - Limitation is three years from the date when the right to sue accrues first - Right to sue arises when defendant actually tries to assert his right and interferes with the possession of the plaintiff and not when defendant is successful in getting the property in his name. 2010(1) Civil Court Cases 802 (Delhi)
4. Arbitration and Conciliation Act, 1996, S.8 - Arbitration - When an arbitration agreement exists between parties Court is under obligation to refer the parties to arbitration in terms of the arbitration agreement. 2007(1) Apex Court Judgments 407 (S.C.)
5. Wrong provision of law - Quoting wrong provision in the title of an application is never fatal. 2010(1) Civil Court Cases 686 (Allahabad)
6. Civil Procedure Code, 1908, O.6.R.17, East Punjab Urban Rent Restriction Act, 1949, S.13(3)(i)(a) - Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the ground of personal necessity has arisen after the commencement of trial or that the facts which the petitioner wants to plead were not within his knowledge despite exercise of due diligence before the commencement of trial - Order dismissing application upheld. 2010(2) Civil Court Cases 282 (P&H)
7.Clean hands - Incorrect statement of fact/concealment of material facts - Amounts to criminal contempt - Exceptional costs imposed. 2010(2) Civil Court Cases 139 (Allahabad)
Jibanananda Goswami
03 April 2010 at 21:12
DOEACC Society prints the following condition at the backside of the marksheet
The application of review must reach to their office within one month from the date of printing of the result.
Now in a case I saw, the result was printed on 2nd day of a month and it was posted on 26th.
The question is:-
1. Are they totally free to post the result as per "go as you" process? Can they post it after 40 days of printing?
2. As per the terms and condition, the time will be taken from the date of printing, so if someone receives the result after one month then there is no chance of applying for review. Who will take the responsibility?
3. Can a student ask for the copy of answer sheet from DOEACC (or any exam-authority) through RTI Act? Is there any process to prove that the authority is not sincere in valuation of the exam? (where they make dealy to prevent review).
4. Can a candidate apply for review on the basis of the result published in internet? DOEACC publish the result in their website with a declaration that there is no guaranty of correctness of the result published in internet.
R. Gopinathan Nair.
03 April 2010 at 20:52
Sirs,I have 97.5 cents (36.80 Are) of land in Kollam,Kerala.The orginal title deeds of this property was hypothecated to Indian Overseas
Bank,Kollam Branch and in 2000,the upset price fixed for the whole property was 5.62 Lakhs (Rs.five Lakhs and sixty two thousand only) by the
Bank.In December 2000,I had extended a sale agreement for this property with a secatary of a society in Kollam for a price of Rs.21250/- per cent
and this sale agreement was registered at the Kollam Sub Registry.This was done only because the person with whom I had made the agreement
came to me and since the plot was lying vacant I agreed to his suggession.I made an offer to the bank that I will remit Rs.10 lakhs to release the
document,but the bank refused saying that since this case was before the Debt's Recovery Tribunal (DRT),the bank cannot consider my proposal at
that time.I had also given possession of property to this person and he errected some sheds, etc. to run a nursery school in my premises.After 1 year
the agreement was renewed for another 2 years and in 2003 renewed for another 2 years and finally in 2005 December 12,the agreement was
renewed for a period of 5 years (five years) the validity of which will expire only on 12th of December 2010 (this year).Now against a price of
Rs.21250/- per cent in 2000 the cost of land appriciated to a whooping Rs.2 lakhs per cent in this area.Although the sale agreement is registered it
is renewed for 5 years.Now after settlement, etc. with the bank the orginal document was released and is in my possession .A few months
before,the other person suggested that he requires only 28 cents in order to accomodate his students and where the shedds are constructed with
access to bus,etc. and he promised to pay me Rs.15 lakhs (ie.Rs.50000/- per cent for 28 cents plus one lakh excess).After the document was released
last month,he totally changed his attittude and insists on the sale agreement which was last renewed on 12th december 2005 for 5 years which
expires on 12th december 2010.Taking his assurance given to me months before,I borrowed huge amount as private loans and cleared the salestax
and other dues on my property and the bank released the document without any liability.
Sir,Kindly give me your valuable advice on this matter whether a 5 year sale agreement if at all a registered one is a valid document or is it null
and void.Also what can be done from my side to nullify the said agreement as the other man will not make any movements from his side saying that
the sale agreement is a valid one.Kindly advice.Regards.
R. Gopinathan Nair.
03 April 2010 at 20:36
Sirs,I have 97.5 cents (36.80 Are) of land in Kollam,Kerala.The orginal title deeds of this property was hypothecated to Indian Overseas Bank,Kollam Branch and in 2000,the upset price fixed for the whole property was 5.62 Lakhs (Rs.five Lakhs and sixty two thousand only) by the Bank.In December 2000,I had extended a sale agreement for this property with a secatary of a society in Kollam for a price of Rs.21250/- per cent and this sale agreement was registered at the Kollam Sub Registry.This was done only because the person with whom I had made the agreement came to me and since the plot was lying vacant I agreed to his suggession.I made an offer to the bank that I will remit Rs.10 lakhs to release the document,but the bank refused saying that since this case was before the Debt's Recovery Tribunal (DRT),the bank cannot consider my proposal at that time.I had also given possession of property to this person and he errected some sheds, etc. to run a nursery school in my premises.After 1 year
the agreement was renewed for another 2 years and in 2003 renewed for another 2 years and finally in 2005 December 12,the agreement was renewed for a period of 5 years (five years) the validity of which will expire only on 12th of December 2010 (this year).Now against a price of Rs.21250/- per cent in 2000 the cost of land appriciated to a whooping Rs.2 lakhs per cent in this area.Although the sale agreement is registered it is renewed for 5 years.Now after settlement, etc. with the bank the orginal document was released and is in my possession .A few months before,the other person suggested that he requires only 28 cents in order to accomodate his students and where the shedds are constructed with access to bus,etc. and he promised to pay me Rs.15 lakhs (ie.Rs.50000/- per cent for 28 cents plus one lakh excess).After the document was released last month,he totally changed his attittude and insists on the sale agreement which was last renewed on 12th december 2005 for 5 years which expires on 12th december 2010.Taking his assurance given to me months before,I borrowed huge amount as private loans and cleared the salestaxand other dues on my property and the bank released the document without any liability.
Sir,Kindly give me your valuable advice on this matter whether a 5 year sale agreement if at all a registered one is a valid document or is it null and void.Also what can be done from my side to nullify the said agreement as the other man will not make any movements from his side saying that the sale agreement is a valid one.Kindly advice.Regards.-R.Gopinathan Nair
R. Gopinathan Nair.
03 April 2010 at 20:35
Sirs,I have 97.5 cents (36.80 Are) of land in Kollam,Kerala.The orginal title deeds of this property was hypothecated to Indian Overseas Bank,Kollam Branch and in 2000,the upset price fixed for the whole property was 5.62 Lakhs (Rs.five Lakhs and sixty two thousand only) by the Bank.In December 2000,I had extended a sale agreement for this property with a secatary of a society in Kollam for a price of Rs.21250/- per cent and this sale agreement was registered at the Kollam Sub Registry.This was done only because the person with whom I had made the agreement came to me and since the plot was lying vacant I agreed to his suggession.I made an offer to the bank that I will remit Rs.10 lakhs to release the document,but the bank refused saying that since this case was before the Debt's Recovery Tribunal (DRT),the bank cannot consider my proposal at that time.I had also given possession of property to this person and he errected some sheds, etc. to run a nursery school in my premises.After 1 year
the agreement was renewed for another 2 years and in 2003 renewed for another 2 years and finally in 2005 December 12,the agreement was renewed for a period of 5 years (five years) the validity of which will expire only on 12th of December 2010 (this year).Now against a price of Rs.21250/- per cent in 2000 the cost of land appriciated to a whooping Rs.2 lakhs per cent in this area.Although the sale agreement is registered it is renewed for 5 years.Now after settlement, etc. with the bank the orginal document was released and is in my possession .A few months before,the other person suggested that he requires only 28 cents in order to accomodate his students and where the shedds are constructed with access to bus,etc. and he promised to pay me Rs.15 lakhs (ie.Rs.50000/- per cent for 28 cents plus one lakh excess).After the document was released last month,he totally changed his attittude and insists on the sale agreement which was last renewed on 12th december 2005 for 5 years which expires on 12th december 2010.Taking his assurance given to me months before,I borrowed huge amount as private loans and cleared the salestaxand other dues on my property and the bank released the document without any liability.
Sir,Kindly give me your valuable advice on this matter whether a 5 year sale agreement if at all a registered one is a valid document or is it null and void.Also what can be done from my side to nullify the said agreement as the other man will not make any movements from his side saying that the sale agreement is a valid one.Kindly advice.Regards.-R.Gopinathan Nair
Anonymous
03 April 2010 at 20:34
if i send a letter by e-mail and take a print out, will this print out be admitted as evidence or some authority has to come and check my computer and certify the genuineness of the mail? kindly let me know. thanks.
Anonymous
03 April 2010 at 20:31
I ma ben convicted by a lower court in mumbai and am planning to proceed for appeal. can i shift the case to south india since i reside there.moreover in the lower court in mumbai, its findinngs seems to be biased and dint mention anything which i produced to rebut the case.the complainnats cause was fake and i such i fear of some foul plays also. can anyone suggest me whether i can shift the case even thro supreme court
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Life Insurance
Can a Life Insurance Co be held responsible for the act of its employees committing forgery by making forged signature of policy holder on a changed new form while destoying the original form submitted by the policy holder, which can apart from benefiting the employees, can also benefit the Insurance Co at the last, when the maturity amount becomes disputed due to mismatch in signatures?