Reshma K
01 December 2009 at 21:08
Hi, I have received various answers for my querry regarding rent/lease.
I have one answerssaying that lease can come into existence without written agreement in which case it will deemed monthly tenancy. This seems correct.
My question based on the above point is - In that case, can we say that the only reason why people (landlords) go for written agreement is perhaps because, in case of dispute, it becomes easier to establish that the tenant came into posession through agreement of lease and that he was not in possession before that, ? is this a fair conclusion to make? Otherwise can we say a written agreement is not required as per our discussions on lease/rent.
praveen
01 December 2009 at 20:18
Hi
We hired a maid,age 19 years, from GEETA ENTERPRISES SERVICES(REGD. NO. 3885),SHAKURPUR,DELHI. ON 29/11/2009. at an annual commission of Rs 13000 and monthly salary of Rs 2400.
The fact is that our maid ran out of our house on 01/12/2009(ONLY TWO DAYS AFTER HIRING) without informing us WHEN ONLY MY LIITLE DAUGHTER OF AGED 7 YEARS was at home.She returned from school at 1.00 p.m.We came to know about this at 2.00p.m. when I came to my house for lunch.
Our maid didn't take any valuables from our house.The agency owner shows her unawareness to this.
Pl. advise me what can we do now?
raju
01 December 2009 at 19:52
SIR, CAN I REGISTER A COMPLAINT AT A LOCAL POLICE STATION AGAINST MY COUSIN SO AS TO DETER HIM FROM FORCEFULLY ENTERING MY HOUSE OR THERE IF IS ANY OTHER WAY THROUGH A LAWYER PLEASE DO SUGGEST...THANKS AND REGARDS
Anonymous
01 December 2009 at 19:20
I am in a situation where a cheque was given as part consideration for purchase of a property while execution of an “Agreement to Sell”. Now the said “Agreement to Sell” is up for Specific Performance. My dilemma is though the Cheque has been given by the buyer the Seller, who did not encash it. Seller demanded Demand Draft in lieu of Cheque after One month. Thus the cheque was replaced with Demand Draft. That too (Demand Draft) was also returned without assigning any reason. Subsequently, Seller assured the buyer, in writing to execute Sale Deed, with in four months. Where as Seller who is GPA of ‘Original Allottee’ never provided NOC from the ‘Original Allottee’ at any point of time to obtain mandatory permission to make a transaction, neither performed his part to execute “Sale Deed” against the Agreement to Sell, in reference. Thus, the same is up for Specific Performance, in trial court.
Do we have any judgement of Supreme Court or High Court for citation, where it is laid down that if a party gives a cheque to the other party it is onus of the other party to deposit the same for encashment and it will be presumed that the Buyer has discharges his obligation under contract by giving the said cheque to the Seller.
Anonymous
01 December 2009 at 19:16
I am in a situation where a cheque was given as part consideration for purchase of a property while execution of an “Agreement to Sell”. Now the said “Agreement to Sell” is up for Specific Performance. My dilemma is though the Cheque has been given by the buyer to the Seller, who did not encash it. Seller demanded Demand Draft in lieu of Cheque after One month. Thus the cheque was replaced with Demand Draft. That too (Demand Draft) was also returned without assigning any reason. Subsequently, Seller assured the buyer, in writing to execute Sale Deed, with in four months. Where as Seller who is GPA of ‘Original Allottee’ never provided NOC from the ‘Original Allottee’ at any point of time to obtain mandatory permission to make a transaction, neither performed his part to execute “Sale Deed” against the Agreement to Sell, in reference. Thus, the same is up for Specific Performance, in trial court.
Do we have any judgement of Supreme Court or High Court for citation, where it is laid down that if a party gives a cheque to the other party it is onus of the other party to deposit the same for encashment and it will be presumed that the Buyer has discharges his obligation under contract by giving the said cheque to the Seller.
Anonymous
01 December 2009 at 19:10
Dear sirs, As part of payment to purchase a plot, I gave a cheque for Rs. 3 lakhs in july 2009. But, the seller did not encash it. He did not even produce it in the bank. Is there any expiry date for the cheque? If yes, what happens after the expiry date? Can he say that he did not get the money from me?
VijayK
01 December 2009 at 18:58
Hi All
I had taken three personal loans in December '06. The money was required for Medical as well as business reasons.The foll is the loan I had taken:-
Citibank (Personal)- 5Lakhs@48 months
Citibank (CC Loan)- (1+2 Lakhs)@48 months
IDBI - (6 Lakhs)@48 months
I was able to pay the EMI's till my business suffered heavy losses and I had to shut shop this year. I have paid the following till date:
Citi (personal) - 20 EMI's (Rs.273260)
Citi (CC Loan) - 20 EMI's (251174)
IDBI (Personal) 27 EMI (Rs.459108)
In 2009 since the close of my business Ive been unemployed and still am in the process of searching a job. In july I came to a settlement with Citibank to restructure my loan. This is the new restructure:
Citi (Personal) - Rs.4785/51 Months
Citi (CC Loan)- Rs.6583/60 Months @4% Int
IDBI (Personal) - Havent Restructured yet (Stopped payment after 27th Installment)
I was able to pay the Citi Loan (Personal & CC Loan) Restructured EMI from July '09 - August '09 but with great difficulty since I dont have a job yet. To add to that my father has been undergoing medical treatment for a condition (Undisclosed) since November '07. Money is scarce at home till Im able to get a job. The Citi loans are restructured but Im no more in a position to pay them and have to endure persistant phonecalls from the bank 4 times a dayx 7 times a week both on my mobile as well as at home. I want a practical and peacefull end to this torture.
I would appreciate it if you could tell me my legal rights once I have got the loans restructured. Please dont get me wrong; I want to repay my loan but cant till I get a job. I want to know what my legal options are and if I can approach the bank and tell them to give me some time frame (6 months - 1 year, etc)during which if I get some Income I would repay. Please let me know as Im at my wits end and want to solve this practically. Thanks for your help in advance.
Atul kumar
01 December 2009 at 18:45
Hi,
I have recently buy a flat in pune.But is asking parking charges (120000 Rs)for parking.
Can i file case against builder?
SARAVANAN.R
01 December 2009 at 18:17
Sir,
If a factory or establishment is locked out for a year or two, can the workmen claim wages.
Is there any provision in law, that only if the lock out is illegal, workmen will get their benefits.
Whether the workers will have to wait till the decision of the lockout is illegal
Saravanan
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Jurisdiction bar under water pollution act
Sir,
As per section 58 of Water (Prevention and Control of Pollution) Act, 1974 jurisdiction of civil court is barred. Whehter order 33-A can chellenge before civil court.
Whether the jurisdcition of civil court is barred to entertain any order under section 33-A of act
Any case law.