Adv. Deepak
17 March 2015 at 19:55
Respected Sirs,
In Bombay City Civil Court, Summons for Judgement has been issued against Defendant in summary suit. There is a delay of more than one year in filing leave to Defend. For filing delay condonation application, is it required to issue chamber summons or can it be directly filed before the Court on the next hearing date?
Kindly advise suitable course of action.
Regards.
Mahadeo Chirania
17 March 2015 at 19:47
Please help me defend a peculiar case under Sec. 138 of NI Act. Had worked with a firm for about 15 years and due to variety of reasons quit. During my service, I was advanced some amount thru cheque for buying of a property with an understanding that part will be repaid by me and part will be adjusted against yearly sales incentive and gratuity. However, no written agreement was made. After quitting, half of the original advance stood to the debit of my name and firm owner started pastering me & presurising me by visiting forcibly to my residence for repayment of entire amount rather than fulfilling earlier reached understanding. To avoid a mess, I repaid partial amount. Subsequent to this, he filed a frivolous & baseless complaint with police authorities for realisation of balance amount. Thereafter, an understanding was reached (though not out of my free will & volition) and a formal MOU was prepared under which 4 post dated cheques for the balance amount were given. But, an essential clause of the MOU was that upon honouring of 1st cheque, payee will withdraw the complaint. Therefore, upon honoring of 1st cheque, I informally demanded proof of the same but never got any. On trust, I honoured another two cheques also. But before the last cheque was to become due, I again demanded proof of complaint withdrawal but still did not get any. Hence, I did not fund my account and cheque got dishonured. Therefore, firm served me with Statutory Notice demanding payment within 15 days. In return, my counsel replied stating that firm did not fulfill its obligation under the MOU which resulted into reciprocal action and also a conditional liability or unenforceable debt. My counsel further stated that I am still ready to pay balance amount if the firm still fulfilled its obligation. However, firm went ahead and filed a case Sec. 138 of NI Act, representing itself thru one of its employee, under a Simple Authorisation on Firm's Letterhead but no Power of Attorney. Now, I need your generous help to understand following:-
a. Can an employee of the company represent under a Simple Authorisation on Firm's Letterhead & file a case without POA ?
b. How strong is my case when firm has obviously violated the MOU clause and did not provide me with proof of compliance ?
c. When MOU is reciting advance of only partial amount, can I, at this stage, forcefully say that this was not a debt as certain adjustments of yearly sales incentive and gratuity were due to me ?
d. How the court will view my counsel's reply asking the payee to comply with the MOU clause and realise the amount ?
e. During the trial, can I pay & ask the court to compound the case considering the merit of violation of MOU by the payee, if the court considers the amount as an enforceable debt ?
f. Can you cite few court cases where violation of MOU clause by the payee went in favour of the accused ?
g. What should me my best strategy to defend ?
Thanks in advance.
anilkumarv
17 March 2015 at 19:21
Hello Sir/Madam,
My name is Anil Kumar V, I was born in Bangalore in 22/06/1993 and i'm pursing my studies till now in Bangalore,But I don't have my birth certificate because my parents have not registered my birth when I was born because I was born in house not in any hospitals.So can I kindly know how to apply for the Birth certificate now in Bangalore
Thanking You,
S B S KOTAMRAJU
17 March 2015 at 19:02
Dear Sir, We are interested to purchase 5 acres of agriculutural land of Mr. Vijay Reddy. While verifying the documents we observed the following facts.
1. The property was owned under tenancy act by Mr Shivaraj.
2. Later Mr. Shivraj entered into a GPA cum Sale Deed with Mr . Shankar Reddy.
3. MR. Shankar Reddy later sold the property to Mr. Vijay Reddy.
Court also ordered the rexpective revenue department to make the name of Mr. Vijay Reddy mutated , effected in the records and also pass book has been issued by the local panchayat .
WE request your good office to kindly guide us.
rboopathy
17 March 2015 at 18:04
I have purchased a flat recently (second sale, 14yr old) one month back. after purchase during renovation i found severe water seepage in my toilet walls inside and outside wall of beside main hall and bedroom sides. I have checked the root cause of the problem with the civil engineer during renovation, he said it is due to the upper flat toilet floor problem. This i have informed to the flat association and as well as the upper flat owner verbally. The upper flat owner refused to take necessary repair work of their toilet floor, inspite they are blaming their upper flat because they also facing leakage problem from their upper flat. Unless they get rectified from their upper flat they will not repair their toilet flooring they said. This response seems very childish and even flat association not able to manage them. THe problem is severe because one side of my hall wall seepage is severe and iam not able to keep any electrical pionts there, already front wooden showcase completely damaged due to this seepage. Please help me out how to handle this problem.
With request,
Boopathy
prashant
17 March 2015 at 17:41
Service Charge vs Repairs & Maintainace Charge
As per bye-laws points 67,68,69,70 under fund utilisation, service charges should be divided unitwise and maintainance should be on the the basis construction cost which indirectly means on the basis of constructed area.
Q.Does that mean electricity charges for common area lighting and other utilities would be divided unit (flat/bunglow,etc) wise and maintainance of such elelctrical equipments/utilities would be divided as per construction cost which indirectly means area wise?
saikat
17 March 2015 at 17:24
Hi, I am going to purchase a property from a promoter. The property was sold through auction two years back to the promoter. Bank has issued a sale certificate to the promoter. I have all the document along with the sell certificate, where promoter name mentioned and defaulters name mentioned. Kindly advice me how to proceed with this deal and also suggest me whether sell certificate is sufficient for registration this property under my name.
kindly advice..
srinivasan
17 March 2015 at 16:47
Hi everyone,
I had availed a consumer durable loan with EMI duration of 8 months. I had requested orally (while availing loan) to have the ECS clearing date to be 14th of every month, which the executive agreed; but to my surprise the ECS date was 3rd of every month and they started calling me to maintain sufficient fund in my A/c. I walked into the branch and requested to change the date, but they denied their executive's mistake and demanded me to pay charges if at all I want the date to be changed. Hence, I couldn't maintain the balance for the 2nd month's EMI and ultimately bounced. When the collection department contacted me, I said anyhow the bounce charges got debited, so I will pay the EMI at the last. After all these, I some started maintaining balance, but unfortunately this year again the cheque got bounced despite me striving to have sufficient fund in the account. When contacted the Bank about the bounce, I got to know that the ECS happened electronically well before the bank timings on the date (3rd of the month) wherein I deposited the amount during bank hours.
Now, I have paid totally 5 EMIs of the 8, and also am ready to pay the rest 3 EMIs; 1 as my last EMI and the rest 2 at one shot.
Now, none of the lender's staff contacted me to have clarification, instead served a legal notice for "LOAN RECALL."
Kindly help me. Thanks in advance.
saira
17 March 2015 at 16:37
After my husband passed away I have been successful in getting the consent letters from his family members for getting my name on the property records , e.g in the society records and share certificates.
My question is --what about the original sales agreement which has my husbands name on it? Is there any way in which I can get the mutation done either by approaching the registrar with all the documents? Or by way of attachment to the original agreement ? Just as in case of a will where we can attach a codicil !
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Gift document
Dear Experts,
My name is Mr Jayarao, I would like represent on behalf of my brothers and sisters for legal opinion and suggestion. We are 6 brothers and 2 sisters. 2 of my brothers who are elder to me have passed away. My father served as a religious priest for 30 years and passed away followed by mother too.
The society in which he served has passed a resolution in their executive council meeting in the year 1997 dated 7th April to give some portion of land the family members of the deceased religious priests recognising their service. Since my father is one among them (PRIEST) we are eligible to receive the gift. This information was communicated to my 5th younger brother (Government Servant) through his brother in law, who is a correspondent in one of their society’s branch which is located in a different place.
Upon receiving the information, my 5th younger brother communicated to all of us . My 5th brother insisted all of us to arrange amount for registration of the said land for which every one unanimously agreed and contributed by borrowing from various sources. On the day of registration the society asked us in whose name the property be registered?. After much discussion among ourselves and moreover my 5th younger brother being in the same state where the property is located, and others dwelling in different parts of the country, we all unanimously in good faith agreed to register the property in our 5th younger brother’s name.
Accordingly, the society has registered the land in our 5th younger brother’s name in July 2014. My brother received the gift document and noticed that there was an error in the document in regard to his name. The error of the same was disclosed to all of us when we enquired about the status of sale possibilities.
From time to time all the brothers and sisters were calling him to know about the rectification of the document and disposal possibilities. Until today, no effort has been made by him for such rectification or sale. He is not entertaining us to visit the society officials for rectification of the document and said he will take care of it. Above all, there is no communication from his side at all, unless we call him.
In spite of several calls we were unsuccessful in reaching him over phone, hence, we decided to visit the allocated site with other brothers and our brother in law (who is a retired police). After reaching the site, we tried calling my 5th brother and he attended our call. We requested him to come and discuss in regard to the land as there is a party who is willing to buy the property. He refused to come to the site and said “I will not come nor sign for sale deed and do whatever you want”. He spoke these words because we visited the site without his notice. However, we tried calling but he did not respond and now he is blaming us.
Off late, it has come to our notice that my brother’s brother in law who assisted us in the initial information is interested in purchasing the land and hence my brother is delaying and not allowing other parties to purchase. Also came to know that the original document is lying with my brother’s brother in law. Therefore we are in a fear if the sale transaction takes place among themselves without our consent and notice. How to go about this issue. Please advise us with your valuable suggestions.
I am pleased to furnish the brief details of the registered document as follows.
1. This land is given as a free gift to the family members of the deceased for recognising the service of my father,
2. According to the consensus of all the brothers and sisters the property is registered in the name of 5th younger brother.
3. This property does not fall under THE A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFER) ACT. 1977 (Act 9 of 1977) nor this property belongs to the Central, State or its subsidiary organisations.
4. This property is ours (Society’s) and according to our will this property is given at free.
5. In case of any disputes except society no other reserves the right