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Member (Account Deleted)   05 August 2015 at 01:01

Limitation period for recovery suit by bank

Respected Experts,
Bank extended loan to a person for purchase of a new car which was hypothecated with bank. The balance & security confirmation was also made by the borrower before expiry of three years from date of sanction of loan. Thereafter there was a default in repayment of loan amount.
My queries are as under: -
1. The period of limitation to file suit for recovery will start from the date of balance & security confirmation by borrower or from the date of last payment made by borrower?
2. Is the date of account becoming NPA relevant from the point of limitation?

Actually, the three years period has already elapsed from the date of Balance & security confirmation by the borrower and the bank has not filed the suit for recovery but the date of last installment & date of NPA is within the period of three years.
Is bank legally empowered to file suit for recovery or its right has been extinguished by Limitation Act?
Please cite relevant section of limitation act in the context.

awadhesh khadiwala   04 August 2015 at 22:27

Share dispute

Whether dispute betbeen company and shareholder is cognigable by consumer forum

EDWIN ALPHONSO   04 August 2015 at 21:45

Double probate

obtained probate in 1987 by executor widow now aged 90 years mostly all stated in will regarding administrating the properties have been completed now eldest son after 28 years has applied for double probate since he had reserved his right in 1987 at the time of probate grant.
now the eldest son is not in good books with the family and he is doing this to sign off the balance property so they have oppose the grant of double probate by explaining to the court the reasons.
questions
1. can the beneficiaries get relief from the court or the court cannot stop/refuse the grant of double probate
please advise
edwin alphonso
9820284741

RAMJI   04 August 2015 at 21:09

Revision & appeal


Dear Experts

In a civil suit, one of the Defendant filed an IA under O 7 R11 for rejection of the plaint. I am the plaintiff in person, i filed counter, argued, heard both sides and
REOPENED SUOMOTO FOR ARGUMENTS BY NEW JUDGE, DURING THAT TIME I FILED A FRESH APPLICATION (WITH SR NUMBER) PRAYING FOR INTERIM INJUNCTION AGAINST DEFENDANTS AS THEY ALIENATED ONE OF THE PPTY WHILE CASE WAS PENDING. BUT THIS APPLICATION WAS NOT NUMBERED AND JUDGE KEPT IT PENDING WITHOUT REMARKS NEITHER RETURN.

AFTER THREE MONTHS, last week orders were pronounced in IA that "in result this IA under O7 R11 is allowed and hence plaint is rejected". (As regards my pending application to be numbered there is nothing in the order neither in the docket, i.e file is not closed neither returned to me subsequent to passing order under O7 R11)

I am planning to go to high court for appeal remedy.Now, my queries are as follows:

1. Should i file a review petition (CRP) against the order passed on the said I.A by lower court.

2. Should i file a Appeal Suit (A.S) against the 'decision of rejection of plaint" passed by lower court

3. Or should i file BOTH CRP & A.S parallel on the same day.

4. As regards, the pending applications (@ SR stage for more than 3 months). (In spite of my verbal reminder to the bench clerk on this, they are not closing this application) and neither mentioning it in the said order and simply keeping it in bundle.My query is What is that the learned judge /court is suppose to do as per law /practice /procedure? before dispatching it to record section.

Thanks
Regards
Ramji



Abhay Agrawal   04 August 2015 at 18:29

Fraud in case of land allotment

Experts,

My father purchased a land of 100 sq yards from Subhash Sindhi Co Operative Housing Society in area Neelkanth Vihar, Benad Road, Jaipur in year 1994 for investment purpose. We have "Pakka Patta" and receipts of payments for the land.

When we visited to the sight this year, we found that someone has build house on our land and they have registered it also.

After the inquiry, we got to know that Mr. Kamal (Who did allocation of the land in year 1994) has changed the site map without any intimation to the buyers. He is saying that "Government did acquisition of half of the land for Army Area purpose", and he doesn't have any land to give us. He has refused to give us the land.
There are many buyers similar to me who purchased land from him and now they are neither getting their land back nor the current market value of the land.

Current market price of the land is 10 Lakh Ruppee.

Please let me know where i need to file a complaint.

If I will go by judiciary route than how much time it will take to resolve the issue.

If I will file a case than do I able to get the current value of the land in form of compensation.

Regards,
Abhay Agrawal

Suresh Babu Rai   04 August 2015 at 18:12

Promise to marry!

Whether promise to marry a girl (major) is offense under Sec. 420 of IPC.

nitin kohli   04 August 2015 at 18:00

mutation of land under municipal corp.

What is difference between agricultural mutation and municipal corporation mutation...as my grandparents bought a property in 1971 registry was done but mutation with municipal corporation was not done..as land comes under municipal corporation does it takes away the ownership rights from us...i have read on internet that mutation with municipal corporation is just for payment of property taxes it does not state the.title of ownership

Himalaya   04 August 2015 at 17:54

Marriage Nullity-No physical Relation, Wife Did Adultery

I got married 1.5 years ago. On first night, girl denied getting physical and said she has taken vow of "Sherawali Mata" for 11 days. After this sex life will be great. I believed it. I was not in hurry too Marriage is long term relation. She also kept behaving strangely and badly so to make sure that we don't get physical. After 11 days she faught and went back to her parents home.

After two months, I caught her with her affair. Both were drunk and alone in a rented room. Somehow, I also got her of objectionable photos from Facebook with her Affair. On that night,When I caught her, I called the police and her parents,her parents in police station with folded hands said they will solve this is peacefully outside. My parents believed them, so we wrote statement to compromise in police and no FIR were registered. We wrote than we both don't want to live with each other.

After a week, they started demanding 15 lakh rupees on the name of "shadi main kharcha ho gaya" ( they incurred expenses in marriage). So, I applied a petition under 156(3) U/S 497 ( Adultery ) against her Affair. This is in session court now. No FIR registerd against them. However, they lodged counter FIR after 10 days using fanciful stories of unnatural sex, Dowry, Violence, threating life etc etc against me. They also involved family members in dowry and violence in that FIR. Police arrested me to recover her belonging but I got bail on first hearing. There is no chargesheet but might be filed soon.

Question 1: I am preparing for UPSC/SSC. If i got selected, Can UPSC/SSC withhold selection or reject on basis of FIR/Chargesheet? I am on Bail.

Question 2: Can marriage be Nullified as there was no consumation of marriage/physical relation in 1.5 years and morever, she did adultery. In FIR, she acceped that when unnatural S*x was tried. She was able to deny. Hence no consummation. If no, then how much time it can take in getting divorce in this case?

Question 3: Is paying 15 lakhs only quick option to bring peace in family? She can also do more drama to implicate me and my family in more cases which she always threaten.

Mohit Nanda   04 August 2015 at 17:10

Letter of acknowledgment

Hi

Considering the recent amendment to the Bombay Stamp Act (April, 2015), wherein the stamp duty on a letter of acknowledgment has been increased to 0.01% of the value of the debt, what is the current market practice?
Are banks still asking for LAD? If not, what is the alternate to LAD in order to ensure the right to claim is intact and not time barred?

Thanks

MADHUSUDAN G R   04 August 2015 at 17:01

Transfer of ancestral property

Whether ancestral property i.e., agricultural can be transferred by a Karta of HUF in favour of one of his daughters without the knowledge of other legal heirs.

Whether a mere entry into the revenue records without a registered deed of transfer/gift amounts to transfer?