pallavi
05 June 2014 at 15:47
My paternal aunt(bua) had given me a power of attorney to sell her property in Nagpur. one buyer liked the flat and gave a token amount of Rs.1 lac in cash. This transaction of Rs. 1 Lac in cash was mentioned on a plain paper, which had the address of the property, my name and the buyer's name and his address.I and the buyers signed on the back side of that paper on a revenue stamp . There was no other clause, consideration amount of the property or anything mentioned in that paper. After few days my bua decided not to sell the property and asked me to return the token amount. However the buyer refuses to take the token amount and says I have to sell the property to him only. He has also send me a threat mail and a letter from his advocate that he will make a cheating case against me and that I dont intend to returm his money and now I have to sell the property to him only.
I have all intentions of returning his money, he is the one unwilling to take it. Also note that I have not signed any Agreement for Sale. The plain paper I signed dosent have any clause which stops me or penalises me for backout, it dosent even mention what was the total consideraion value of the flat agreed upon.
Please advise what should I do. Legally can he sue me or is it his way of threatening me just to do the deal.
pallavi
05 June 2014 at 15:44
My paternal aunt(bua) had given me a power of attorney to sell her property in Nagpur. one buyer liked the flat and gave a token amount of Rs.1 lac in cash. This transaction of Rs. 1 Lac in cash was mentioned on a plain paper, which had the address of the property, my name and the buyer's name and his address.I and the buyers signed on the back side of that paper on a revenue stamp . There was no other clause, consideration amount of the property or anything mentioned in that paper. After few days my bua decided not to sell the property and asked me to return the token amount. However the buyer refuses to take the token amount and says I have to sell the property to him only. He has also send me a threat mail and a letter from his advocate that he will make a cheating case against me and that I dont intend to returm his money and now I have to sell the property to him only.
I have all intentions of returning his money, he is the one unwilling to take it. Also note that I have not signed any Agreement for Sale. The plain paper I signed dosent have any clause which stops me or penalises me for backout, it dosent even mention what was the total consideraion value of the flat agreed upon.
Please advise what should I do. Legally can he sue me or is it his way of threatening me just to do the deal.
salman merchant
05 June 2014 at 15:24
respected,
how many number of times & upon what pretext/reason can a accused seek exemption for appearance through his advocate.
what would be the implications upon the trial ; if it is found that the reason mentioned were false ?
what if the complainant has knowledge about the reason behind his absence. and has not been objecting about it ?
isn't the complainant intent questionable under law ?
Dr. Tushar Nehete
05 June 2014 at 15:23
In one case in trial court charges were framed without production of evidence even b4 ebc stage blindly on the basis of allegations made in d complaint. Then prosecution applied to d court that it wants to file a revision petition in higher court to get those charges framed cancelled. But prosecution did not apply to higher court & instead produced evidences in d trial court, after ebc some charges were framed without cancellation of earlier framed charges. The accused filed revision petition against it. In my opinion d accused should get discharge as CrPC was not followed & courts cannot fill lacunae left by prosecution.
Experts, ur comments, opinions, case laws r invited & r most welcome.
Thnx.
sunil
05 June 2014 at 15:14
Sir,
A friend of mine had an agreement with a Private Limited Company on stamp paper but not registered, in which he invested rs. 20 lakhs and all area of Punjab was given to him. As per condition the if there was a direct sale from factory he would get an Over Ridding Commission ( O R C ) of 3 % other wise all small quantity sales was to be done by him as per companies price list which gave him around 5-7 % as margin.
Sir,In March End when my friend asked the company to give the O R C they did not give any also they stopped sending the material and started another distributor without terminating the agreement.
When my friend sent them legal notice they did not reply to them with in the time period.
Sir, now what action should be taken by my friend . Also can he complain in the Economic offense wing or Company law board,
Please help I would be highly obliged
Thanking you
S.N.
Dr. Tushar Nehete
05 June 2014 at 15:12
Sec.28 of PCPNDT act states that court can take cognizance only if sec 28 is complied with. Sec 28 states who can file suit. In my opinion if some govt. officer files suit on d basis of power delegated by Appropriate Authority (AA) then
He must attach with the complaint itself
1) His appointment letter as govt officer
2) authorisation letter given to him by AA delegating power to file suit. (In my opinion it should be specific mentioning name of d accused. It can not be general,blanket or vague)
3) original official gazette notification of govt appointing the power delegating officer as AA under PCPNDT act.
All these r 2b attached with complaint itself only b4 court accepts d case,issues process&summons, not at a later stage. Gazettes cannot be taken as granted unless & until produced on record. Courts cannot fill d lacunae left by d prosecution. If court takes cognisance presuming these documents even though not attached with d complaint it will be illegal & d accused will be entitled to discharge on revision or appeal.
Experts, plz opine in detail & a in a large nos.
Thnx a lot.
narenbhai h.hora
05 June 2014 at 14:34
in our bank a costumer have account of saving and two account of agricultural loan, in one agricultural loan account costumer has paid total loan amount and bank has issued no due certificate in name of costumer, then after costumer has release charge from revenue record from his all land, then after bank has came knowledge that costumer has not paid second loan amount so bank issued notice and set hold the saving account. bank can set his due amount from saving account ? and what other procedure bank can do ?
Daksh Madhok
05 June 2014 at 14:28
Dear sir, we have been unable to pay our loan against property installments for the past 3 months due to business problems. we have assured the bank that we'll pay the entire due amount in July and there wont a\be any further more delays ever. but the bank is continously harrasing us, going to our house and scaring the ladies in the house. what legal step can they take? we have given them in writing that their entire due payment shall be cleared in july
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138 ni act cases
I m facing 138 NI ACT cases from last 2 years in different parts of country. I m proprietor of a firm which was running last from 10 years. My brother was holding major part of business of my firm. 2 to 3 years back he has withdrawn all the money from the firm, from which I was not aware of, and whole liability came on my name due to owner of the firm. Now the position is I m facing the cases from last 2 years and the complainers are MNC from which we have purchased the goods and issued blank cheques as they take from us before billing the goods. They all are aware of the situation and fraud done, but due to no other option they filed the case. Please suggest what can be done in this matter. How I can get freedom from the cases, as the laibilty is so big that it cannot be paid.