mintu
18 May 2014 at 11:58
Dear ld members
Can Development authority, say NOIDA Authority, resolution applicable retrospectively?
Or in another word
A authority passes a resolution imposing a certain conditions with respect to a plot on 15-08-2013 stating this resolution would be applicable w.e.f. Jan 2011.
Is this resolution valid in law?
Please refer relevant provision of law / judgments if any.
Chandrakanth
18 May 2014 at 11:56
I would like to start a finance business which would give financial advises to its members and its a paid service and we also would like offer interest free short term small loans to our customers as a add-on service.I'm from Bangalore .Kindly guide me about what all paper work is required for this business.I'm also ready to take services from any professionals.
Thanks
Chandrakanth
SJ
18 May 2014 at 11:51
whether a statement of claim filed before the arbitrator without disclosing the authority to file the same is maintainable when the other party raises the objection ?
whether the respondent need to file the reply to the same,even when the signed copy of the same was not provided inspite of the objection?
pctulsian
18 May 2014 at 11:46
WHAT IS THE POSITION OF BUYER OF A PROPERTY (NOT-MORTGAGED AS PART OF GUARANTEE) OF A GUARANTOR-
1.if he has not received any notice of recovery from the bank
2.if he has simply received notice of recovery from the bank
3.if he has received notice of recovery from the bank under SARFAESI ACT
4.if he has received notice of recovery from the bank under DRT ?
sudarsan sam
18 May 2014 at 11:45
Hai experts,
you are telling it is time barred. on what basis it is time barred? the condition not yet fulfilled. kindly guide me if i can file a execution petition how much time it will take?
Can I file execution petition. The decree came in 16th December 1982. I am one of the plaintiff.
It is decreed that the plaintiffs are the owner of the plaint “A” schedule properties and they are entitled for the possession of the same after the life of saramma(my grand mother) or her remarriage which ever is earlier.
pctulsian
18 May 2014 at 11:10
WHAT IS BUYER'S POSITION WHO PURCHASED HOUSE(NOT MORTGAGED AS PART OF GUARANTEE) FROM A GUARANTOR TO WHOM NOTICE OF RECOVERY FROM BANK HAS ALREADY BEEN SERVED IN RESPECT OF A DEBT DUE FROM A PRINCIPAL DEBTOR ?
rahul
18 May 2014 at 10:48
madam/sir,
my relative is denied of bail from Session court. actually he comes under BPL category and not in a position to afford a senior advocate. whereas, the co-accused has been granted bail from High court. both charged u/s 307, 120(b)etc. charge sheet already submitted and he is in j/c from more than 120 days. the I/O prayed for custodial trial for both of the accused. does right to fair trial, liberty and principles of parity are being impaired in this case? please suggest what can be the options available before his family?
vinod sharma
18 May 2014 at 10:03
“V” PURCHASED THE RIGHTS OF THE ALTERNATE PLOT/ PROPERTY MEASURING 250 SQ. YD . FROM “AS” ON 9.10.1996 AN AGREEMENT TO SELL GPA AND OTHER DOCUMENTS WERE EXECUTED/SIGNED BY “AS” IN FAVOR OF “V” .
A WILL DATED 9.10.1996 WAS ALSO EXECUTED BY “AS” IN FAVOR OF “V” . THE SAID WILL WAS DULY REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR DELHI .
MR. “AS” WAS BACHELOR AND NEVER MARRIED DURING HIS LIFETIME.
MR. “AS” EXPIRED ON 5.10.1999 . MR. “AS” HAD NO CLASS –I LEGAL HEIRS .
IN THE YEAR 2000 , AFTER THE DEATH OF “AS” , “V” APPLIED FOR THE MUTATION OF THE SAID PROPERTY IN HIS NAME IN DDA ON THE BASIS OF THE WILL BUT MUTATION WAS NOT DONE
FURTHER IN JUNE 2007 ONE OF THE LR SAY “ B ” DISPUTED THE AGREEMENT , WILL ETC BY AS IN FAVOR OF “V ” . AFTER THE DISPUTE AROSE IN RESPECT TO THE AFORE SAID PROPERTY, “V” INVOKED THE ARBITRATION AS PER THE AGREEMENT IN 2007 ITSELF .
SINCE THE DDA HAS SUGGESTED TO SETTLE THE CASE FROM THE COURT THEREFORE A PROBATE CASE WAS FILED BY “V” IN JUNE 2010 IN DELHI COURT FOR THE PROBATE OF THE WILL DT. 9.10.96 . THE WINESSES HAVE DEPOSED IN FAVOR OF “V ” .
IN THE MEANWHILE IN AUGUST 2010 “B” APPROACHED “V” FOR SETTLEMENT .
A JOINT SETTLEMENT DEED WAS PREPARED AND SUBMITTED TO THE ARBITRATOR WITH A REQUEST TO PUBLISH THE AWARD ON THE BASIS OF THE SETTLEMENT DEED. A CERTAIN AMOUNT WAS PAID TO “B” IN LIEU OF THE SAID SETTLEMENT AND RECEIPT OF THE SAME WAS ALSO SIGNED AND SUBMITTED TO THE ARBITRATOR .
THE ARBITRATOR ON 9/2010 ON THE BASIS OF THE SETTLEMENT DEED PUBLISHED THE AWARD OF DIRECTING “B” TO TRANSFER THE SAID PROIPERTY IN FAVOUR OF “V” BY EXECUTING SALE DEED / PROPER DOCUMENTS AND FURTHER IN THE EVENT HE FAILS TO TRANSFER THE SAID PROPERTY IN FAVOUR OF “V” THEN TO PAY THE DAMAGES OF CETAIN AMOUNT TO “ V” AS AGREED IN THE SETTLEMENT DEED . .
AS PER THE UNDERSTANDING A NO OBJECTION IN THE FORM OF AFFIDAVIT WAS FILED BEFORE THE PROBATE COURT DULY ATTESTED BEFORE THE OATH COMMISIONER WAS FILED BY “B” ON 6.1.2010 THRU HIS ADVOCATE . ON THE SAME DAY “B”CAME ALONG WITH SOME OTHER ADVOCATE AND STATED BEFORE THE COURT THAT HE HAS NOT SIGNED THE AFFIDAVIT OF NO OBJECTION AND BACKED OUT FROM HIS COMMITMENTS AND FILED OBJECTIONS TO THE PETITION OF PROBATE CASE . SEEING THE CONDUCT OF “B” THE COURT ISSUED NOTICE U/S 340 CRPC AGAINST “B” FOR STATING LIE BEFORE THE COURT .
“B” FILED OBJECTIONS AGAINST THE AWARD IN TRIAL COURT . DISMISSED . THEN HE FILED APPEAL IN HC . DISMISSED .
“V” HAVE FILED THE EXECUTION OF THE SAID AWARD .
NOW QUERY;
IS THE ARBITRAL AWARD VALID ?
IS THE PROBATE CASE GOING ON VALID ?
CAN THE ARBITRATION FOR SPECIFIC PERFORMANCE AND PROBATE PROCEEDINGS CONTINUE IN PARALLELLY ?
CAN THE EXECUTION OF THE AWARD AND PROBATE PROCEEDING CONTINUE PARALLALLY . ?
WHAT ARE THE LEGAL OPTIONS AVAILABLE TO “V” .
6 . SHOULD “V” CONTINUE WITH THE PROBATE PROCEEDINGS OR WITHDRAW THE PROBATE PETITION .?
7. SHOULD “V” CONTINUE WITH THE EXECUTIONPROCEEDINGS OF THE AWARD ?
shasha
18 May 2014 at 09:43
Dear Sir,
I have a brother who is Mentally Handi-capped, we (my parents) wanted someone in his life who can be there with him life long, hence we started looking for a bride for him. After a short search, we found a girl . We had explained her and her family members of my brother's condition. After they agreed my brother was married to her in normal muslim marriage. Note that we have not taken any money in form of land/jewellary/cash from the bride/her family. They had asked for a monitery help to conduct their side of marriage so we had given them 30,000(as they were poor) for that. It was not a bargain, where both sides knew about my brother's problem. At the time of marriage my parents had given the girl some gold ornaments(worth upto 4 lakhs). Now after 2 years , she had gone to her native, promising to return in 20 days, but has not and doesnot want to stay in this marriage. We requested her several times to come back. but she is bent on de-faming us. she says she will get us to divorce her and get atleast 2-3 lakhs and the jewellary we have given her in marriage as her compensation for marrying my brother. we donot know wat to do in this condition. Please advise us on how to proceed in this situation. We have always treated her with respect and have considered her part of our family. We didn't deceive her or her family when we asked her hand in marriage. We had told everything about my brother and problem she may face and been clear from our side. now she says that my brother is impotent and wants compensation. Please advise.
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Administrative transfer while request transfer is pending
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