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S Singh   13 August 2015 at 02:11

Is indian contract act, 1872 applicable against breaching party when subject matter is subjudice?

Sir,

Plz. take this like an academic query.

1. Ram takes loan of Rs. 1,00,000/- in cash from Shyam.
2. Ram deposits the cash into his bank.
3. Shyam asks for his amount back from Ram.
4. Ram denies to give back.
5. Shyam lodges an FIR and also files a suit against Ram that the loan was taken by fraud and forgery.
6. Cases are pending in both the Criminal and Civil Courts.
7. Bank came to know that the amount kept in the name of Ram actually belongs to Shyam.
8. Bank handovers the amount to Shyam and issues a letter to Ram informing amount debited and closure of account.

So is the Indian Contract Act, 1872, sections 39, 73, 151 and 153 applicable in a suit against the breaching party i.e. "the Bank"?
Can a Suit for compensation of damages arising out of anticipatory repudiation (breach) [under sec.39 of Indian Contract Act] be filed by making only the bank as party and be successful?
Can compensation be received today by Ram even if the Criminal and Civil Cases are pending?

sansh   13 August 2015 at 01:36

Need advice in my divorce case

Respected experts,

my divorce case(filed by husband) is in counselling stage. we have filed for transfer which is pending, still the case is ongoing and the stay application is just ignored and the dates are being given every 5 to 6 days once.

i want to file for maintenance but my lawyer says since i'm highly educated i wont get it. but i want to challenge on the fact that it is harming my right to food and shelter. is it possible and where would i have to file it as a fundamental right?

secondly, i want to file dv but my lawyer says since 1 year we are not living together it will be time barred but the fact remains that my husband has threw me out of the house.

is there anything i can do about the above?

XYZ   13 August 2015 at 00:34

Money transfer

I was given some money by a relative by bank transfer It was meant as a kind of lease amount for the house she was staying which jointly belongs to many of us. However there was no papers signed between us. When our relation turned sour, I returned the amount by check to her address But she did not en cash it Now she says she did not receive it (I sent it by speed post) and demanding it back immediately without giving her bank details without giving her address. There was no paper signed and even I was even told there is no need to pay back Do I need to pay it back immediately?

Rajdip Goswami   13 August 2015 at 00:03

sec 8 (2b) of hindu minority and guardianship act

1) As per Sec 8(2b) of Hindu Minority and Guardianship act it is possible that guardian mother will execute a lease deed for a term of 6 month on behalf of her minor daughter without Court permission.

2) As per Sec 8(2b) of Hindu Minority and Guardianship act it is possible that guardian mother will execute a Registered lease deed for a term of 5 years on behalf of her minor daughter without Court permission.

T.C Sharma   12 August 2015 at 23:32

daughter of rights against properties

Respected Experts

Ek ladki jishke father nhi hai , uske 2 bhai or mummy hai

1. ladki ki married hai kya ab ladki apna hissa mang sKti hai apne papa ya dada ki property me ?.

2 kya maa ko ye adhikar hai ki vo ladki ko property me se hissa nhi de ?

3. ager maa use hissa nhi deti hai toh vo court me case ker sakti hai ?

4. ladki ke bachche is property ke liye case ker sakte hai ?

please reply asap

Thank you

Regards
Tekchand Sharma

Neev   12 August 2015 at 23:24

Banking

Dear Team,
I'm a banker by profession, I 've wrongly credited Mr.B bank account instead of crediting account of Mr. A, as Mr.A mentioned a wrong account No. On cash deposit slip and Mr.B has withdrawn the same amount and is not traceable now. Please guide what I should do? Is there any law which supports the banker? If no what'sthe pprocedure to settle Mr.A account.

sunil   12 August 2015 at 23:19

Closure report (frt)

Distinguished Panelist,

In the closure report (FRT) the IO has mentioned

Quote
“During investigation examined some persons and recorded their statements and also collected some documents and it could be found that the dispute between both the parties is civil in nature.”
Un-Quote

But no such statements and documents in court record (file).

Also there is no mentioning of a CD disc containing Audio, Video & Photographs along with various documents pertaining to the case submitted by the complainant to the IO in the course of investigation.

FRT Report has been challenged and Ld. court ordered for case diary to be produced on next date. But neither case diary produced nor IO was present hence case was admitted as Protest Petition.

My Query is:

1) Where to find documents collected / submitted by the IO?
2) Whether case diary has any role with the documents / evidence collected by the IO?

Mohamed IQBAL .M.P.   12 August 2015 at 22:30

Technical Resignation

I worked in AIIMS DELHI for 3 years as a STAFF NURSE and technically resigned from there and joined in same post in JIPMER puducherry.Can my pay protection be availed with last pay certificate alone or copy of service book from AIIMS DELHI is needed for it.Whether my service in AIIMS will be considered for promotion in JIPMER.Should one complete probation for availing benefits of technical resignation .

PRV   12 August 2015 at 21:51

Noc to apply for upsc exam: psb probationer

Am in probation for 2yrs in the bank. Already have applied for UPSC, stating that concerned dept has been informed. Oral discussion with immediate superiors only suggested I conceal the info as of now. Also I have applied for leave citing medical reasons on lines of my superior's suggestion for next week. NOC is required only at the interview & the undertaking is to be agreed upon with the Commission about informing the present employer after applying, so should I inform the bank before prelims(considering that I've applied already) or after applying for Main or only when the NOC is reqd.? Kindly advise.