suhani
16 October 2013 at 19:24
Respected sir, which are the relevant sections relating to. This very concept-
When the victim gives dying decleration and the accused is prosecuted for attempt to murder , later the victim does not die.. So what argument should b taken up by defence? Can u please suggest some relevant sections and case laws
Meg Nath Sharma
16 October 2013 at 18:14
Respected Sir/madam
A petitioner quote wrong section in a criminal application and the presiding officer passed judgement on the basis of the wrong section. What will be the validity of the said judgement..Any citation if found may kindly be posted please...
Thanx
with warm puja wishes...
MN Sharma
BEENA SINGH
16 October 2013 at 18:05
Under which section of MCS act an application can be file for the recovery of interest by ex-chairman on misuse of funds when he was treasurer...
And what action can be taken.
earlier it was filed by some other advocate before registrar u/s 101 which was rejected on the ground of wrong section.
and also need a format of legal opinion on the same topics...
I will be very thanksfull to all of you.
Umesh
16 October 2013 at 17:49
Two individuals have joint property in their individual names and they are partners vide unregistered partneship deed. Can this property be considered as partnership firm property. If not, how this property can be considered as partnership firm's property.
Kindly guide.
purushottaman
16 October 2013 at 17:35
My father had settled a dwelling house in favour of his three sons (inclusive of me) and he had given portions of the house to each of the three sons but with the specific mentin that the kitchen will be common the toilet will be common.One brother got the rear portion of the two storied house (ground floor and 1st floor) The kitchen was in this portion in the first floor. The other two brothers were given the front portion - the ground floor to one son and the 1st floor to the second brother again with the condition that the passag was common, which means the brother who got the rear portions (both floors) had to be given access through the the front portion.
One brother sold his shar I.e. the front portion in the 1st floor to a third person, not connected with the family, anabsolute stranger. As per the provisions of SEction 44 of the TRansfer of Property ACt and section 4 of the Parition ACt, he was not given possession to the said portion by obtain a pemanent injuction. AFter three years he has filed a suit for partition under sEc.4. We have offered to purchase his share as per the value to be determined by the court. In the mean while, this stranger has sold his share t another stranger at four times the consideration that he had paid to my brother.
Will this second sale deed be valid when he has files a suit for partition and we have offered to purchase back asfamily members ?
What would be method to calculate the value since the original consideration was RS. 9lakhs and the secnd sale is for 34 laksh ? Will 9 lakhs be the base for calculation ?
I require your valuable advice.
Balasubramanian
16 October 2013 at 15:36
The managing committee of a co-operating housing society is asking a female member of the society verbally to appear before it for questioning for an enquiry she made on the community portal,whether the managing committees members have paid dues based on the Annual Report which shows outstanding dues against the MC members and how did they contest the elections.Has she to appear before it and whether she can seek police protection to accompany her for questioning?
Deepak Nair
16 October 2013 at 14:57
Learned experts,
In this case, Mr. A paid Rs.5 lacs as advance for a house property. Entered into an agreement, whereby the balance amount of Rs.15 lacs to be given in 6 months time. The property is 1/3 of a bigger property which the vendor got through partition.
But, the deal cannot be concluded now, as the documents for clear title of the property is unavailable. Since the original document other than the registered partition deed is unavailable, the banks are not giving loans. Thus, the said Mr.A demanded the advance back. The agreement too says that, if the vendor fails to produce the necessary documents, the advance shall be returned in full. If the buyer walks out from the deal, then also the vendor shall return the amount after deduction of expenses incurred by him of any.
Now, the vendor says he is not in a position to refund the money and he needs time till March 2014. But, the agreement already entered for 6 months expires in November 2013.
in this circumstances, what can be done to safeguard the interest of Mr. A the purchaser?
Even though the vendor promises orally to return the money by march, is it advisable to make another agreement to that effect?? if yes then how??
Can I suggest them to make a deed of cancellation of the current agreement adding the points "vendor agrees to return money by march 2014" and "if he fails to refund, then purchaser can approach the court for recovery and attachment of the property"??
Kindly advise on the above.
Thanks
Deepak Nair
16 October 2013 at 14:50
Learned experts,
In this case, Mr. A paid Rs.5 lacs as advance for a house property. Entered into an agreement, whereby the balance amount of Rs.15 lacs to be given in 6 months time. The property is 1/3 of a bigger property which the vendor got through partition.
But, the deal cannot be concluded now, as the documents for clear title of the property is unavailable. Since the original document other than the registered partition deed is unavailable, the banks are not giving loans. Thus, the said Mr.A demanded the advance back. The agreement too says that, if the vendor fails to produce the necessary documents, the advance shall be returned in full. If the buyer walks out from the deal, then also the vendor shall return the amount after deduction of expenses incurred by him of any.
Now, the vendor says he is not in a position to refund the money and he needs time till March 2014. But, the agreement already entered for 6 months expires in November 2013.
in this circumstances, what can be done to safeguard the interest of Mr. A the purchaser?
Even though the vendor promises orally to return the money by march, is it advisable to make another agreement to that effect?? if yes then how??
Can I suggest them to make a deed of cancellation of the current agreement adding the points "vendor agrees to return money by march 2014" and "if he fails to refund, then purchaser can approach the court for recovery and attachment of the property"??
Kindly advise on the above.
Thanks
Mr.Kumar
16 October 2013 at 14:31
Hi,
I and my wife are in relation since last 9 years and have a kid of 6yrs, Its a love marriage. Around a year back my wife along with my son came to her fathers place after coming to her fathers place he called me there and told that I will not come back after listening to her I tried to convince her to come back but she denied. I even took my parents , my relatives and I myself went to solve the Issue to her place. in the month of march-13 she told my parents that I have lodge a divorce case. but till now I have not received any samon. I had received on a Maintenance notice but i received the notice after the date was gone and also the signature on the notice was not her but was singed by someone else on her behalf. we also have a house on joint name.which was taken 3 yrs ago.I have many times written a letter to her father to help me in this matter but he says that this decision is of her and and the marriage was done without our concern so I wont be able to help in this matter. even I have approached to women commission to save my matrimonial life. but the actual scenario is that after my wife gone to her fathers place in the month of feb we received my wife telephone call details in which there was many calls made to a particular number at odd time at night and day also. but number was not on her name the number was provided to her by her company she worked for. her profession was a teaching profession and was working for a reputed teaching Institute but she left her teaching life and joined a travels Job on which i opposed but she didn't paid attention to me. here she worked for 3 months and then went to her fathers place with my son.Now what I believe that she was sacred that some day is the call details are out I will be answerable to everyone. That's the reason she quietly planned to move from her matrimonial house to her father place and also the person who was working in the same organisation is absconding since then. but Insipte of all this I love my wife very much and want her back and want to settle the matter. but she is not ready to face me or my family members. we also came to know that the case filled by her previously was taken back and after the hearing of women commission she again filled a fresh case.
when I talk to her she said that,her concerned was my family life style and family culture which she don't like and my limited earning as she don't find any future with me. Please suggest me as I don't want to give her divorce.
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