udai s parmar
16 February 2010 at 14:25
FACTS OF THE CASE
1. Mr. DPG and his brother Mr. VG were partners in a firm called M/s DPB. Mr. DPG died on 01.01.2008 and in his place DPG’s wife Mrs. NG was taken as a partner in the firm.
2. Mr. VG is active partner and conducts the business of a firm from Chennai. The firm has also an office in Mumbai and some business is also conducted from Mumbai.
3. Mr. VG resides in Chennai and Mrs. NG resides in Mumbai . Mrs. NG is not at all familiar with the business operations and the business is conducted solely and wholly by Mr. VG.
4. The firm is availing credit facilities from a Bank for which the necessary loan papers have been signed by both partners.
5. There is a clause in a partnership deed saying that any partner giving three months notice to another partner can retire from the firm.
6. Now due to some family dispute relating to other business entities, Mrs. NG has written a letter to the bankers of a firm alleging that the affairs of the firm are mismanaged by other partner i.e. Mr. VG and accordingly the letter may be treated as notice to a Bank for stopping the operations of the firm with immediate effect. Needless to say that Mrs. NG’s allegation against other partner is without any basis and proof.
OPINION SOUGHT
Under the afore stated circumstances:
(1) What is the correct stand the Bankers of the firm can take in the matter?
(2) Is there any way to save the business of the firm ?
(3) If the stalemate continues- will the Bank let the said account become NPA in their books?
Patanjali
16 February 2010 at 14:09
Please provide answer to following Questions:
1). A hundi is required to be produced during a court proceeding. The person who is under posession of the hundi says that hundi has ben lost. Can the court presume that it was dually stamped? Kindly provide related section of the Act to be considered.
2). A enters in an agreement with B on 02 July 2009 to sale his house to B. In the agreement it has been mentioned that the possesion of the house has already been given to B on 02 July 2008. Is the agreement is valid for the purpose of stamping on the grounds of earlier delivery of posesion and subsequent execution of the agreement? Please provide the related section of the Act.
Thanks,
Patanjali
Anonymous
16 February 2010 at 13:59
1) WHAT IS PROTECTED TENANT?
2) HOW IT CAN BE DEFIND?
3) AFTER HOW MANY YEARS TENANT CAN BE TREATED AS PROTECTED TENANT?
4) TENANT IS NOT PAYING ANY RENT TO LAND LORD IN SUCH CIRCUMSTANCES TENANCY RIGHT IS PROTECTED? CAN TENANT BE TREATED AS PROTECTED TENANT IF TENANT HAS NOT PAID ANY RENT FOR MORE THAN 3 YEAR?
5) PAYMENT OF WATER CHGS ELECTRICITY BILL AND OTHER MAINT CHGS TO UNREGISTER ASSOCIATION (PROPOSED) IS LEGAL?
6) RECEIPT OF SUCH PAYMENT FROM UNREGISTERD ASSOCIATION (PROPOSED) IS VALID IN ANY TYPE OF LITIGATION?
7) SUPPOSE IF ANY ACCIDENT HAPPEN AND BUILDING IS COLLAPSED, THEN IN SUCH SITUATION CAN WE CLAIM OUR TENANCY RIGHT EVEN THOUGH TENANT HAS NOT PAID RENT TO LAND LORD OR ANY LEGAL AUTHORITY?
8) CAN LEGAL HEIRS OF ORIGINAL TENANT CAN BE TREATED AS PROTECTED TENANT?
P.C. Joshi
16 February 2010 at 13:21
A Ltd deducted Rs 3.5 lacs from B Ltd, atranporter on account of goods lost in transit(diff of actual claim and amount recd. from the insurers). The deduction was agreed and accepted by B Ltd in writing.
The business afterward continued betwen the two compnaies. After almost 6 months, A Ltd handedover three consignments of diff. location to B ltd for delivery. B Ltd detained two consignments and sent a letter demanding intt. of Rs 5 lacs on delayed payments of earlier period and release of Rs. 3.5 lacs deducted on account of insurance, thogh B Ltd has alreday accepted in wrtiting. But now B Ltd says that the letter was given by them under pressure to get the overdue payment released from A Ltd. The material has been detained by B Ltd for more than 4 months.
A Ltd makes up mind to lodge an FIR u/s 407 IPC.
Can anysone suggest the merits and demrits of A Ltd in the present case.
B Ltd on the back of its L.R. printed certainan terms & conditions of their tranport contract, which inet alia includes that they are entitled to lien on the goods to recover the outstanding payments/dues. Does this clause legally entitle B Ltd to detain the goods.
prompt responses are solicited.
Regards
P.c. joshi
Ram
16 February 2010 at 13:17
dear sir,
i want to know the format of the vakalatnama to be used for appearing before assessment proceedings of sales tax, income tax etc and not the one for appearing before appelate authorities.
regards
ram
Amit
16 February 2010 at 12:40
Me and my family member, relatives and others thirty persons had paid life time member ship fee of Jain Inter College Muzaffar Nagar (UP) in 2002 and gets receipts from management and management also passed resolution in meeting for approved our membership in society. Then after time period of committee over in Feb 2003 and due to some dispute committee not be formed and administrator was appointed by DIS.Now administrator has declared election of society but when we checked members list we are surprise because our name are not in voter list and others name are in members list that are not members of society. When we asked from administrator, he does not give any satisfactory reply. We also approach to DIS but same position he also does not give any satisfactory answer and we are not any membership of society in spite of payment of life time member ship fee. Is there any remedy against it? Should we approach to High Court to stay the election?
Sridhar
16 February 2010 at 12:18
Dear All,
I recently posted many queries on this forum and i posting another one again as it seems all my worst fears have come true.
We(me and my wife) hold a decree(attached in this message) which directs the builder to register the property or refund the money in one years time as he was unable to register the same because of a high court stay order the property.After one year he started demanding huge amount of money as dues.Our first EP was dismissed based on the mere statement of the builder saying that he is ready to register the flat without even considering that high court stay order is still in force.
We filed a second EP and arguments have been concluded on 28/01/2010 and judge clearly stated in open court that "posted for orders on 15/02".Even the website was reflecting the stage of the case for 15/02 as "judgement" till 12/02.After that all of a sudden it has been changed back to "hearing".And y'day when my advocate questioned on why the status has changed when the case is posted for judgement, judge said "you don't need to worry lets argue the main matter".
We had argued the same matter again for the second time on 15/02(first time on 28/01).Here are few of questions on the same
1.Although the order is consensual,judge is asking why we didn't submit a memo saying we(both DH and JDR) agreed for it.Earlier order clearly indicates a consent order but doesnt explicity mention.
When no memo of any kind is asked,was it necessary to submit it for all consent orders?
2.When builder was questioned why didn't he challenge the decree when it has been passed in 2008 and why is making all these claims now, he said all these amounts were not discussed at that time and also he was not aware that court requires all the related dues to be discussed at once. Will the court listen to his stories?
Decree doesn't mention any thing about any other dues except for stamp duty but the fact is all the dues have been discussed which is evident from our complaint and his own sworn in affidavits.
My question is What if the court fails to notice the same and gives us another order mainly based on the decree and builders claims without looking into the actual complaint?
3. What are the alternatives for us to appeal/challenge this? Can we challenge the same in state forum or we need to file it in national forum or civil courts?
4.My advocate says that raising the point that Executing court have no jurisdiction to alter or amend the decree will adversely affect us as it depends on how the forum perceives it.Not sure what can be done here?
5.Even though there is a high court stay order on alienation of property,builder says he can register it.When we demanded document showing that high court stay order is vacated,forum said nothing is mentioned in the decree and so we are not entitled to ask the same from builder.
We want to bring to the notice of the forum that he cannot register.
What is the best remedy for this kind of situation.My advocate says only civil courts have jurisdiction.But in this case since we have already proceeded with consumer court,can we go back and file a civil case. Please suggest me
Regards
Sridhar
Pawan Patil
16 February 2010 at 12:18
Sir/Madam,
My wife has submitted suit file against me for maintenance. Produce a letter at Court which was sent to her Uncle by simple post. Post stamp on that envelope where at back side of envelope. I think this is dummy envelope. Letter sent by neither registered post or under post.
In that letter she said that I was torching her
How can I prove that that letter is dummy?
I have salary slip of Rs. 11460 take home salary & previous year income tax return also
Previous income was per month of Rs. 11000 as per Income tax Return
How much Podgi I have to pay ?
My wife is taking care of my son also
Can any one guide me?
Amarita Kaur
16 February 2010 at 11:30
Dear Sir /Mam
I want to know if as a lawyer do we need to file any application under any section for stating the issues to be framed???
Or do we need to file any application under order 12 CPC stating that we want to settle the
suit??
When can i ask the court to dismiss the matter as teh suit for recovery is time bared??
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passport date of birth
hello,
1 of my friend has to apply for passport but he does not have a birth certificate, which in his case is compulsory, as, he is born in 1990. he is graduate and we even cannot submit annexure for illiterate person, so in this case what could be done ????? rest all documents are clear even we have a school leaving certificate, but they say, it wont work....
please help........