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Dr.Gaurang N. Gandhi   06 May 2014 at 06:15

Can interim order u/s 9 of arbitration act be challange?

Dear Sir,

My cousin purchased a car on Loan at Gandhinagar- Gujarat.


According to the agreement with the financing company the purchaser has to repay the loan amount by 60 monthly installments.


The purchaser issue 10 cheques in advance and after 9 the instalment issued another 10 cheques in favour of the financing company.
Meanwhile the managing staff forgotten to ancash three cheques and debited the installment amount and charged interest @ 36% on such outstanding installment amount.


Recently the financing company issued Notice to start Arbitration Proceedings and another notice for appointment of arbitrator.

The appointment of arbitrator by the financing company issued notice that contain date and place of arbitration proceedings it was Mumbai.


Meanwhile the purchaser replied all the notices with denial to initiate arbitration proceedings. And filed reply through Post.

But the arbitrator refused to consider the reply filed by RPAD and pass interim order to seize and sell the CAR by Auction if the purchaser fail to repay whole loan amount within 7 days from the date of the order.


Can we challenge the interim order?

If yes then which Court has jurisdiction?

The purchaser's permanent residence address is Mahesana -Gujarat and whole correspondence held at Mahesana address and one branch office of the financing company is also situated at Mahesana.


Boots   06 May 2014 at 04:13

Sale of undivided share in property

Hello,

A property of two storied building with land is owned by 3 relatives in Delhi. The mutation is in their 3 names. There is no partition deed. Can one owner sell his/her undivided share to a third party without a partition deed? In the sales deed if the two other owners sign as witnesses, is that enough? What documents do we require?

Thank you!

Vijay   06 May 2014 at 02:09

Charge sheet filed - complainant abusing procees of law

Hi Everybody,

I am in a deep dilemma and need your help this moment.

1.) I am accused in 498A,406 filed by my wife.
2.) Charge Sheet filed by police issues yet to be framed.
3.) I am on regular bail which is pinching my wife.
4.) She & her Counsel lately filed an false & frivolous application before the Court alleging that I am harassing her by misusing her cheque book and that my bail should be cancelled.
5.) Court summons issued to me.

A.) Now that once a Charge Sheet has been filed by the Police before a competent Court it becomes a case of the State. In such circumstances can the complainant and her counsel directly moves an application before the Court?
B.) In a State case do the complainant and her counsel have any locus-Sandi to represent in the Court to harass the accused?
C.) Is it not an abuse of process of law that the complainant & her Counsel is interfering in a case of the State?
D.) Under what provisions or Sections of law can I tackle this grave situation.
E.) Any advice from your end on this matter.

Thanking You,
Vijay


Sharath   05 May 2014 at 23:34

Name change after marriage

Hi,

I need advice to change my wife's name by adding my name as Surname.
She has only First name and don't have surname in any of her certificate or documents.
Now she want to add my name as her surname.
I am bit confused, that is it enough to get the marriage certificate or do I need to follow all the name changing procedure (1. Affidavit, 2. news paper add, 3. Gazette notification?)
I want to apply passport for her with new name.
Is the marriage certificate comes with husband name as surname for Women?
Please advice.

Thanks,
Sharath

RAJESH KUMAR PANDEY   05 May 2014 at 23:11

I need solution?

Dear Sir, I rented one shop to open Ice Cream Parlor. My landlady is a widow of 55 yrs old and lives alone. She made a market complex outside her residence.She initially was soft and co-operative. We made an agreement of tenancy for one year and she assured me to help.
There was no electricity connection when I was handed the shop, Since electricity NODUE of last tenant delayed by the department.
On the trust I have invested a huge sum on its infrastructure.
Just After investment my landlady is denying to allow electricity connection to my shop and not agreeing on any request. Since then as I am suffering heavy loss,My Invested amount is taken as loan from Bank at high rate of interest.
Aggravated by aforesaid region I have filed writ petition to Hon'able HC and HC had sent an order to the SDO electricity board to decide his representation and SDO agreed on electrification but the landlady has created such a nuisense that police had put stay on this.
Now this is the last month of our tenancy and yet I have not started my Business in her premises. Now I did not want to stay in her aforesaid premises, thus can I send one notice to her to Terminate my Tenancy and return my advance amount(which was paid during agreement) along with the total rent I had paid till now.

KISHORE KUMAR JOSHI   05 May 2014 at 22:16

Will

CAN A UNREGISTERED WILL BE PREPARED IN A PLAIN PAPER OR IS IT NECESSARY TO PREPARE IT IN A NON JUDICIAL STAMP PAPER ?

KISHORE KUMAR JOSHI

RAMJI   05 May 2014 at 22:04

Missuse of state government's logo

Background of the matter:
A professional Association registered under societies Act in India had recently conducted a national level conference JOINTLY with a Central govt Organisation. The Asssn is registered @ Kolkatta whereas having a regional centre in chennai. The conference was conducted in the premises of the Central Govt organisation @chennaiand got inaugurated by a State Governor H.E.

2. Undersigned being a member of the Assn..had an interest to look on updates of it and incidentally looked at the separate website launched by the Organisers (jointly on name of Assn + central govt organisation).While on it, it was surprising to note that in the said website & conference brochure, the State Govt's Logo + Central Govt Logo + logo of State govts dept were all appearing.........on the interest being also an RTI activist, under RTI Act, filed an application with PIO of concerned dept (who is custodian of states logo/emblem) and sought for a copy of appln filed by Organisers of the said conference and also copy of permission /grant letter issued by the dept for making use of the states logo in the conference/printing materials..Of course i did not attend the said conference.

3. In response to RTI, the PIO has replied that NEITHER APPLICATION WAS MADE BY ORGANISERS NOR PERMISSION WAS GRANTED..

4.Thus,it is clear that the organisers of the said conference HAVE MISUSED THE
logo of State /Country...


My questions are as follows:

1. As regards misuse of States logo, On the interest of public/state, can i file a complaint with police?.. (because PIO has only provided info and have not indicated that any suo moto action has been taken by the concerned dept against those misuser..)
2. Can i file a case directly with high court ?
3.should i file complaint with Head of the dept (chief secretary of state) AS IT WAS INAUGURATED BY STATE'S H.E GOVERNOR
4. In case of police complaint, should it be filed in the jurisdictional station under which the venue of the conference
falls.

5. In case of police complaint, can i pray to take action against Organisers of the conference and also those who have been helping directly / indirectly (Host of the website/head of the Central Govt organisation who was steering committee chairman of the conference, advisor to state govt dept who was also organising chairman) on the misuse of the states logo.

6. As regards logo of GOI, should i file a separate complaint?.

7. Being a complainant on the interest of public, what the police would require from me after registering complaint?

8.After, registering the complaint, what the police is suppose to do... (will they file case in court?...will i be called for party to case?

9. any other views /advises please..

Thanks & Regards
Ramji


Amit   05 May 2014 at 21:47

90 or 60 days to appeal high crt order in apex crt

my matter got dismissed in high crt which was crim. wp division bench. so how in how manny days I have to challenge the order in the supreme crt of india . is it 60 days or 90 days. some lawyers are telling 60 days were as some lawyers are telling 90 days to file a SLP.Appeal.

Alok   05 May 2014 at 20:19

Harrasement by tele communications provider- legal notice

Hi Experts,

This is in regard to one of the telecommunications service provider( Reliance) from which I had availed services.Few months back I had some billing dispute due to which I had raised complain to the service provider.

This issue was not addressed and therefore I had terminated the services . Despite my repeated attempts the issue was not resolved .
All of sudden I have received a call stating they have served me legal notice at my previous address .As I have changed my address I don't know about it . My questions are :

i) Can I ask the notice copy to be send to the registered email id? is there any number of times the notice to be served before actions can be taken by court ?

ii) What options I have to reply to notice ?
iii) They have said to meet some police inspector ..Does serving a legal notice imply meeting police ?

iv) I am ready to pay the correct amount due but they are asking me to pay more ? What options I have

I have also heard that these telecommunications company pose as legal advocates and threaten the customers to take legal actions if they fail to pay . Whats the correct process for the company to follow

I am really tense and your expert advice would be greatly appreciated to tackle these fradulent practices followed by companies to harass customers

Regards,
Alok

SG SIDDESH   05 May 2014 at 20:15

Gift deed

About 12 years back, my mother made and registered a gift deed of a portion (1/3rd) of her self acquired immovable property to my sister. In that deed, there is a mistake: Nort-South and East-West directions have got interchanged, but in the description of the schedule of the property, adjacent properties have been correctly indicated. Can this mistake be corrected by my mother with an amendment? My sister is now not on good terms with my mother, myself and my brother. She is aware of the mistake and not prepared to co-operate for the correction. Under these circumstances, whether my mother can get the amendment registered without my sister's signature? Please advise. My second query is: My mother has now (2 years back) gifted her remaining 2/3rds property to me and my brother through two separate Gift Deeds and duly registered. Now, myself and my brother want to sell this property. Whether my sister can create any legal hurdles for this sale and demand her share? Please advise.