Mahesh
21 December 2013 at 17:08
Dear all,
Iam doing CA Ipcc and undergoing articleship 2nd year I want to do LLB.Guide me the procedure for joining LLB in distinct education mode.
Mr X has filed a suit for specific performance of contract on the basis of styled agreement of sale on a paper by afixing a 20 paise on it. The document is of the year 1989. In the year 2012 he filed a suit for specific performance suit against the defendant. As the said document was unregistered, the Plaintiff filed an application to pay the deficit court fee and penalty. But the lower court come to the conclusion that the document is not at all an agreement deed and dismissed the application. thereafter the plaintiff freferred a WP before the High Court,but the same is dismissed. Subsequently, the defendant filed the said order of the HC along with a memo with prayer to dismiss the suit as there is no agreement deed and therefore the suit is not maintainable. but the lower court now posted for evidence of the plaintiff.
When the court comes to the conclusion that the document relied by the plaintiff is not an agreement deed, then what purpose the evidence of the plaintiff is required ? whether issued are to be recasted ? what will be the position of defendant?
Can an assessing officer visit the official business premises of the assessee during the scrutiny proceedings u/s 142 of past A.Y.?
Please reply.
Respected members!
Sorry for not tendering the result of my previous queries! I was out station for all these days and thanks for all the members of our club and more particularly to the members who answered my quires…
Sir!
As I have stated, I have filed a DVC case against a husband under Sec.12 of DV Act, who alleged to be taken the custody of a minor (5 Yrs) from my client. I have also filed a separate petition under Sec.97 for search warrant against the above minor within the premises of husband.
At the hearing judge asked me to withdraw the petition filed under Sec.97 of Cr.P.C against the husband and requested me to file a petition under Sec. 21 of DV Act requesting the court to handover the custody of the minor to the natural from her father and adjourned the matter for next of third day and promised me that, if my allegation of taking the baby by the husband is to be true, she is going to handover the custody of the baby through court without giving any adjournment to the husband. I have withdrawn the petition filed under Sec. 97 of Cr.P.C and filed a petition under Sec. 21 of DV Act and got served the notices on the husband within time stipulated.
The husband had taken the baby to the court and Judge Madam without giving any adjournment has handed over the custody of the minor to my client. The same was published in the local news papers as a news item for the justice done by the court towards a pitiable mother.
Secondly, I have cross examined the DW-1 confronting his own deposition with other court in similar matter and got it marked to the extent of relevant portion of that relevant portion.
Respected members!
This is my third query arose out of confrontation of witness:
1. Whether it is correct to say that you have executed an agreement on the date of registration in favour of your vendor.
(In fact the suit land was purchased for a sale consideration is Rs. 2, 62,500/-, but the DW-1, whom my cross-examination and confrontation done has executed an agreement to his vendor that, though the sale consideration is Rs.2, 62,000/- he has paid only an amount of Rs.90, 000/- and agreeing to pay the remaining amount of Rs.1, 72,500/- after a month date of registration)
It is true that I have executed Ex.A8 (agreement) in favour of my vendor that, I have paid only an amount of Rs.90, 000/- at the time of registration (marked as Ex.A3) and agreed to pay the remaining amount of Rs.1, 72,500/- after a month of registration.
Did you paid the remaining amount after a month of registration to your vendor?
Yes, I have paid total amount after a month.
Whether any receipt reduced in to writing to the effect, and whether you filed any document to show that you paid the balance sale consideration to your vendor after a month?
No, no any document or recipe is reduced in to writing to that effect as such I did not filed the same before the court.
After my suggestion:
Whether it is correct to say that you have mentioned in your sale deed (Ex. A3) that the sale consideration is Rs.1, 05,000/- and you have paid stamp duty on Rs.1, 05,000/-.
It is true that in spite of Rs. 1, 62,500/-, I have mentioned an amount of Rs1, 05,000/- on my sale deed.
It is not true to suggest that I have not paid any sale consideration to my vendor, and my registered sale deed with deficit stamp duty in not valid and in order to grab the earnest money paid by the plaintiff, I in collusion with my vendor has created the Ex.A3.
Whether that above sale, which is defined under Transfer of Property Act is valid and I about to advance my arguments to that effect, please guide me!
Thank you one and all….
Anonymous
21 December 2013 at 15:37
Ex parte order has been passed u/s crpc 125 against myself. In this case how much time remains before we may get final order. Is it possible to conclude the ex parte order as final order. What will be the process then.
shashidhar
21 December 2013 at 13:52
presently my sisters more than 60yrs filed a suit of that they want share .
hi all members
i file RCR against my wife in year 2011.
my wife not come for RCR she received summons so ex-party RCR decree is pass in my favour in year 2013.
my wife file Divorce case against me in year 2012.
RCR decree is pass in my favour in year 2013
i request several time to stop divorce case against me. but vain
what should i do how i stop divorce proceeding please help me... ...
sunil
21 December 2013 at 13:14
Dear All
i have purchased Waqf Board Land in Kaithal (haryana) so Pls suggust me this dicussion is right for me or not. There is no any problem in future against this land. if you have suggestion for me so pls tell me. Because my family is deponding on this land.
sunil verma
9888814968
Puneet Sharma
21 December 2013 at 13:14
Dear Sir,
Pls give th ans. because i am confused ,can i do the practise in any after llb ,if the direct tax (income Tax ) paper is not teach in my college, can i gave the paper of income tax from other college or not.
pls give the detail can i see the study subject in affilated college in mjp rohailkhand university bareilly .
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