naushad
06 February 2014 at 18:06
I am purchaser of Demand Draft Rs. 50000/- dtd. 23.08.2011 issued as security deposit to execute a Tender, Whereas due some reason our Tender was forfeited and SD submitted towards SD was not cleared from Bank.
Now the Tenderer dt. 09.01.2014 is writing letter directly to our Banker asking to re-validate the Demand Draft which we objected that without our consent the same cannot be revalidated.
However earlier to this we had submitted with Indemnity Bond to cancel the DD dt. 26.11.2013 which our banker is ignoring to execute same.
So please guide, what is limitation to re-validate the Demand Draft can the beneficiary claim the same right now?
Can Banker directly without consent re-validate the Demand Draft?
Ashish Singh Narwariya
06 February 2014 at 18:01
sir ,my query is that one partner(A) of regd firm retires from firm by giving written notice and business of firm taken over by other partner(B) but the other partner (B) is not paying this retired partner(A) capital credit balance as per financial accounts , what remedy is with this to recover amount , partner ship deed has arbitration clause in it ,a lawyer notice is also given to that partner(B) in this regard but he did not turn up he doesn't talk to him.
what legal remedy left to partner (A) .
pls reply
sushil
06 February 2014 at 17:43
Dear sir/mam,
Kindly guide me in following case which is related to my wife.
This is a faculty (M phil.) working with some private college on contract basis from 16 july 2012.my contract void date wAs 30 dec 2012 which is not renewed till date. There is no increment ever given, no PF deduction at all. Even at the time of appointment they took a cheque amounting one month salary without date. Apart from that they deducted 10% of the salary for 10 months, which again is equivalent to one month salary.
On this 11 jan 2014 I got married and I took leave for 5 days. I resumed my duty on 13 jan 14. I was sick from 21 jan to 28 jan with anaemia and I hv submited doctors medical certificate. on 29 jan I resumed my duty. During this sick leave my HOD called me up asking for the reason why I m on leave even though I had already informed 3 days back. During the conversation I was still explaining and she disconnected the phone. Immediately I received call from managing trusty and I hv informed him abt my sickness and I assured him to join duty within two days along with medical certificate but he asked for resignation on phone. When I went to rejoin on 29 jan the Admin handed me resignation letter format forcing me to resign. My Hod issued a letter accusing me with false information regarding my leave approval and for not informing abt my sickness in time, for replying rudely on phone which is not true. she told me that because of me there was chaos in college. She Requested the authority to take action against me. They dint allow me to sign attendance but I did it somehowthen hod told me to see trustee before going to the class, when I went to the trustee he asked me to resign which was recorded in my cell phone. When I refused to resign he threatened me for termination but I stick to my refusal and he told me not to come to the college from the next day but I have submitaed written application explaining for the accusation letter, in that I apologies for my failure to inform in time due to sedation of medicines . Frequently for the next two days I texted him about my forced leave with cc to hod and principal. Then I received a msg calling me for a meeting with chairman sir and when I went to college they dint allow me to sign in muster and also removed my name in the month of February. When i met chairman he told me for apology letter with subject" sorry for my miss behavior" but I hv not miss behaved so I did not write apology letter as I hv no trust anymore in them. I have given tham application regarding this metter again by registered ad today in morning.
Also I hv received reliving latter from them and matter inside the letter is as follow.
With reference to your appointment, your services are up to 31.12.2012 and it is Extended for 1 year.
As there is no work load pertaining to you at pressent hence you are relieved from your duties with effect from 31.01.2014.
Kindly guide me in this case. Please do the needfull.
Anil Nair
06 February 2014 at 17:32
A complaint was filed by RWA president against my company CEO’s wife who is working in a central government hospital and an office memo was issued by the hospital on basis of the complaint.
Upon query it was understood that the complaint was signed by 5 office bearers of RWA and found that three of the member’s signatures were forged by the President. Hence a complaint was filed in Police Station with supporting documents of victims whose signatures were forged.
Police took the statements of three witnesses whose signatures were forged. Our complaint is still pending since 22nd Feb 2014 and they hesitate to file the FIR. Please inform what next, can we go to jurisdiction?
DAYASAGAR MEHER
06 February 2014 at 17:13
A partition case was filed for the property registered in the name of father. Both father and mother has expired having three sons (S1, S2, S3) and three daughters (D1, D2, D3).
Case was filed by three daughters. During the lifetime of father some part of land are sold by him for the benefit of family. After expiry of father three sons had partitioned the property without the consent of daughters. Share was allocated equally to all three. Each having 4 acres of land.
Three daughters had filed case against the sons, claiming their share and for equal partition of property.(I am among three daughters). Although property is ancestral, but as we could not produce any documentary evidence, so in the judgement, magistrate assumed the property as self-acquired. (however witness said that property is ancestral).
After judgement we are surprised to get an order that only 2 acres of land are provided to the daughters from the share of S2 (middle son only). And the shares of rest of sons are intact.
Also the valuation of 2 acres of land ordered are extremely less as compared to the other lands.
now, we want property to be partitioned equally among all because valuation of different lands are different. Also we don't want that land to be provided from the share of only one ignoring the share of rest two sons.
Is it possible under such situation.
Also I want to know whether such judgement is justified (at least to some extent) or is intentional (may be money matter involved)
KARTHIK SANDILYA
06 February 2014 at 17:01
D/s,
Am a commerce graduate, having 7 years of work experience presently am doing CA course. As am interested in doing LL.B. Please guide me how to go further.
My E-Mail: akk@outlook.in
skaran
06 February 2014 at 16:56
IN THE COURT OF DISTRICT MUNIFF AT
O.S.No. of 2013
Mr.V.Sudhakaran S/o Late. Mr.,
... Plaintiff
-Vs-
.. Defendants
AFFIDAVIT OF Mr. V.SUDHAKARAN
I, Mr.V.Sudhakaran S/o Late. Mr. , aged about
.
1. I am the Plaintiff in the above suit and as such I am well acquainted with the facts and circumstances of the case.
2. I respectfully submit that, the first and second defendants are brothers of the plaintiff and all are residing at the same roof in the schedule mentioned property. It is further submitted that, the below said schedule mentioned property was owned and possessed by the mother of the plaintiff and the first and second defendant’s, Late. Mrs. Wife of Late. Mr. . She had purchased the same from and out of her resource and funds provided by our father late. Mr. and the same was registered on15.02.1972 as document no 182 of 1972. Since from then she was in absolute possession and enjoyment in the schedule mentioned property along with family.
Late. Mr. (Father)
Late. Mrs. (Mother)
1. Mr.V.Sudhakaran
2. Mr.V.
3. Mr.V.
3. I Submit that, myself, the first and second defendant are the sons of Late. Mr. and Late. Mrs. . It is submits that, Late. Mrs. died intestate on 15.07.1982 leaving behind our father Late. Mr. and we as heirs and subsequently we are the surveying legal heirs to our schedule property and after her death the schedule property was jointly hold and enjoyed by us in common.
4. I submit that, our father Late. Mr. also died intestate leaving behind us as heirs. Therefore myself and the first and second defendant are the legal heirs to the schedule property hereunder. I further submit that, after the death of our parents Late. Mr. and Late. Mrs. myself, the first and second defendant becomes the absolute owners of the schedule property.
5. I submit that, I along with the first and second defendant am in absolute possession and enjoyment in the schedule property and thereafter we are jointly in possession of the schedule property. For our convince we had made an oral partition among our self for our betterment use of the property and allotted their share among ourselves.
6. I submit that, the first and second defendant out of our own wish and will had executed a release deed in the favour of me on 02.03.1992 before the sub-registrar office at and the same was registered as the document no. 618 of 92. In which the first and second defendant had voluntarily released their share in the schedule property to an extent of 1060 Sq.feet out of 1600 sq.feet which was received by them as their share in the property after the demise of our parents.
7. I submit that, the total extent of the schedule mentioned property was 2430 sq.feet, out of which I along with the first and second defendant shares 810 sq.feet of land in the scheduled property. It is submitted that, the first and second defendant voluntarily had executed the release deed in favour of me by relinquishing all their rights, title and interest in their share of schedule property to an extent of 1060 Sq. feet by receiving the consideration amount of Rs.2,500/- each totaling to a sum of Rs.5,000/- jointly.
8. I submit that, from the date of the release deed in favour of me, I was put to absolute possession and enjoyment of the same. I further had constructed a super structure over the schedule property, by obtaining a loan from the Food Corporation of India, Chennai after the release deed in my favour in the year 1992. Out of my hard earned money I had developed the schedule property for my usage.
9. I submit that, the first and second defendant had now indulging in all illegal activities to dispose their share in the whole property which was already released to me in the year 1992. As per the release deed the out of 1600 Sq.feet of their share they had released to an extent of 1060 Sq.feet. and now they are entitled to 530 sq.feet as per the deed. myself and the first and second defendant had no dispute with regard to the same till the market value of the property was low, now since the market value of the property was peak in that locality all of sudden the first and second defendant is making all illegal tactics to alienate the share of me which was already in my possession.
10. I Submit that, the first and second defendant along with the politically influenced person of the local bigwigs are now trying to alienate the schedule property for a huge amount with the influence in the local Sub-registration office by way of undue influence and with the bad intention to demolish my house and throw me on street. With the local influence of first and second defendant are trying to alienate the property which was already conveyed in favour of me.
11. I further submit that all the illegal activities of the defendant is to illegally occupy the schedule mentioned property by throwing me into street and if the defendant succeeds in his unlawful attempts to sell the schedule mentioned property, it would result in irreparable injury and damage to me and the suit will also become infructuous.
12. I am approaching this Hon'ble Court for a relief at the hands of this Hon'ble Court as the monstrosity of the situation requires this Hon'ble Court to aid me against the unlawful and illegal activities of the Defendants and its members.
Therefore, I herein and due hereby declare that the above fact stated in the plaint from para 1 to 12 are true and correct to the best of knowledge and belief.
Solemnly affirmed at Chennai on Before Me
this day of July, 2013 and
put his signature in my presence Advocate/ Chennai
my query;
my elder & younger brothers wrote release deed in my mother's land to 1060 sq.ft. out of 2430 sq.ft. plot in favour of me, for which, no signature of me. Already my mother and father expired. then elder brother also dead. now my question is I have not signed any papers; 1.what is my eligible that I am eligible for share that building in my mother's land; 2.my signature criteria; 3.I want to know that my signature is necessary or not.
moin
06 February 2014 at 16:23
hi sir my name is moin . at present my age is 20 my girl friend's age is 18+ . my girl friends parents are force'ng her to marry she dont like that . accordind to rules can we marry
aanchal
06 February 2014 at 16:21
Sir, mujhe aap se ek information chahiye, ki husband ke divorce dene main our wife ke divorce dene main kya diffrence hota hai. kyunki woh ghatiya indsaan jo unfortunately mera pati hai usne mujhe shaadi ke 6 din baad bol diya tha ki main tujhe divorce nahi dunga, tu mujhe dena. our ab jab maine case kar diya hai our case chalu hai to bhi woh indirectly apne relatives se baat karva kar mujhe divorce dene ke liye force kar raha hai.dusri baat mera case jo hai woh bhiwandi main hai, our DV ka case Bandra main chal raha hai to kya main use transfer karva sakti hoon. our agar karva sakti hoon to use transfer hone main kitne saal lagte hai.teesra question ye hai ki usne kaha hai ki meri job nahi hai,jabki mujhe malum hai ki woh job karta hai lekin mere pass koi bhi proof nahi hai to kya court main ye baat man li jayegi ki woh job nahi karta hai.
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Transfer of property act 106-107
i have rented my house since 3 year without any rent agreement and we have no rent recipt also and now my tenant is not vacating my house that is why i wanted to know about transfer of property act please help me..
1) how much time taken if i send a notice under transfer of property act i mean for judgement