atul
13 September 2014 at 22:40
My question is under section 58 of contract act, that here the example given that, A and B agree that A shall pay B 1000 rupees for which B shall afterwards delivery toA either rice or smuggled opium, now my question is under that illustration if A has accepted smulggled opium as a consideration, can A still have an action against B for failure to deliver. Rice? Yeah its a academic question yet u give my answer plzz
Amit Banerjee
13 September 2014 at 22:22
My client has paid token advance of Rs.5 lakh to buy a plot of land, On verification of documents the buyers lawyer have asked for many documents which are missing and not updated.
The seller refuses to provide further documents saying one month is over and he is not obliged to return the token advance.
The advance has been paid in cheque and since the seller lives in a different city no written receipt has been obtained from him.
What is the legal recourse?
Shaina Bajaj
13 September 2014 at 20:21
Sir I am working as a clerk in a public sector bank. Sometimes, Customers misbehave for no reason or falsely accuse for misbehavior and shout in hall without caring for dignity of the concerned staff. As customers are having a proper procedure to complain against bank staff, some of them use this pipeline for satisfying their ego. I want to ask what rights do bank staff have against these types of customer complaints. Do they have any such kind of right or do they have to just follow nowdays bank policy of Customer is always right and have to work at the stake of losing dignity and respect?
Sudama Prasad
13 September 2014 at 20:16
my-grand-father-purchased-17-dhur-land-in-the-year1934and-sold-3-dhur-west-portion-to-laxman-prasad-in-the-year-1948.Remaining-14-dhur-was-partitioned-equally-among-his-sons(my-father-&-uncle)in1950-vide-patition-deed.my-father-got-western-portion-ie-at-eastern-boundary-of-3-dhurs-purchased-by-laxman-pd.on-oral-permission-of-my-father,laxman-prasad-occupied-another-2.5-dhur-out-of-land-got-by-my-father-and-constructed-house-in1980-amalgamating-this-area-with-his-3-dhur-purchased.now-laxman-pd-is-not-alive-and-his-son-has-demolished-the-old-house-and-atarted-new-construction-keeping-the-old-outer-wall-undemolished-to-evidence-advese-possession-on-our-2.5-dhur.he-is-not-agree-to-handover-possession-of-the-same-to-us.please-suggest-what-legal-recourse-available-to-us-to-get-possession
vinod datta
13 September 2014 at 19:29
sir my self vinod datta i met with a person who deal in soaps and other good he meet on behalf of first impression soaps fake company he provide me a deal which i agreed to sign ,he asked me a token amt of rs 1100/- for the deal ,i had given him a post dated cheque in the name of his company fist impression soap after few days i had not recd any product bt instead of that i recd message on my cell phone that amt of rs 2lakh 30 thousand has been debited from my acount ,bt i know that there is no cheque payment of such amt i issued,immediately i call to branch they told me one person came with a cheque to withdraw amt of 2 lakh 30 thousand from my account which i had no idea,after that i come to know that cheque i issued to person from first impression company of amt 1100 know converted to amt of 2 lakh 30 thousand (actually the matter and detail on cheque is rough and rewrite by the person & amt 1100 converted to 2 lakh 30 thousand) this actual mistake of bank coz they dont ask me .
sir therefor i need ur help coz thana people not registering complain and bank manager is not coprating with us,what should i do plz help ???
Dhaval Dave
13 September 2014 at 18:58
Dear Sir/Madam
We have one property in name of my father's elder brother (my father & he both are siblings). he wants to transfer the property in my name (as after partition). We have been staying there for past 25 years, after approaching to landlord for the transfer of name ( ie from name of my father's brother to my name). he refused to do so. what can be other route to transfer the property from his name to my name as the landlord has refused for any transfer of name
Dear Expert Sirs, Namaskarams. A retired railway employee died and his wife was sanctioned family pension. Their daughter is living with them since long back. The husband of daughter left the house leaving behind the wife with a male boy who was minor at that time. After some years passed, the daughter filed divorce petition in the local court. But no orders passed till date. Now the mother is aged person and she wants to transfer her family pension after her demise to the divorced daughter. as the orders of the hon'ble court not passed do the mother and daughter give affidavit (be notarized by a notary) that she is dependent to her mother and family pension be sanctioned to her after her mother? is it sufficient to the railway authorities to transfer the family pension to the divorced daughter? please advise in the matter.
Adv. Hemant Bhand
13 September 2014 at 18:36
Hi Experts,
I am practising lawyer from pune and intends to file a discharge application in rape case. My case is totally depend upon consent theory. Please support the answers with case laws of hon'ble apex court.
Regards
Adv. Hemant Bhand
Pune
by following due procedure under bombay stamp act i have impounded the mortgage deed and after making the payment of stamp duty got registered the mortgage deed... but after a lapse of time chief revenue authority of pune issued notice calling to pay deficit stamp duty... however i have paid as per the certificate issued by the collector of stamps... notice issued u/s- 53 A of Bombay stamp act... how to defend as they calculated stamp duty as per Art 6 instead of Art 40 of said act... pls guide immediately...
Restoration of hearing in the case
In March, 2004, the directors of the company made an application under Easy Exit Scheme for getting the name of the company struck off from the register of companies. Alongwith this application, all the directors submitted their Affidavits and Indemnity Bonds duly notarised by the Oath Commissioner stating that the company could not carry on any business activity from the date of incorporation of the company and there is no liability of the company towards any person including banks. The true position on this date was that the company owed a bank loan with outstanding balance of Rs. 10 lacs approximately and Rs. 12 lacs were taken from general public as advance from customers and company neither gave bricks to these persons nor refunded their money. The company showed in its balance sheet that total expenses incurred for the registration of the company were Rs. 10,500/- whereas as a professional I deposited around Rs. 15,000/- as registration fee with the Registrar and total fee bill was around Rs. 30,000/- which is not paid by the directors till date. Hence, the directors submitted a fake balance sheet with the Registrar of Companies for getting the name of the company struck off. Even, the statutory auditor/Chartered Accountant who had signed the Balance Sheet claimed that his signatures on the balance sheet are forged.
In these circumstances, I appeared in the Hon’ble High Court of Delhi on the date of hearing of my case on 03.09.2014. My advocate told me that there is no locus standi in your favour and you should withdraw the case otherwise the court may penalize you. I was a victim and I had trust in court that a justice will be done with me and I became ready to face the penalize order. Then, he said that the court may fix penalty of Rs. 50,000/- and I became ready to pay the same. Then, he said that you had said in your cross-examination at the time of hearing of your case of dishonoured cheque that you don’t remember about ABC Private Limited, the company in question, and in these circumstances, the court may send you jail by fixing penalty of Rs. 5 lacs as you had filed a forge case without any locus standi. And by saying this, he apply for withdraw of case in the court and it was withdrawn within minutes.
Whether I can file review application in the same court for restoration of hearing in my case?