Satya Brata Dutta
14 July 2011 at 11:42
That due to false statement of address the defence struck off of the Opp.Party in a misc case Ord39 rule 2A,no appeal preffered, is there any right to make argument in a petition of ord 11 rule 21?
Further is there any right to lead evidence in the case?
More than 4 years has been passed they did not prefer appeal,is there any right to prefer any appeal before high court on another interloqutory petition arising out in the same misc Case?
Anonymous
13 July 2011 at 23:37
hey has anyone information about Djs 2011 notification as in when will the exam be held this yr?
Amit Parmar
13 July 2011 at 19:54
Hello Hon'ble Experts
I am having an query of Revenue matter, District Collector has Re-granted a land of the applicant for not cultivating for some period, as the applicant was belonging to the Schedule Caste so he was given one chance and the land was re-alloted to him.
During this time the Hon'ble Collector has put some conditions eg. to cultivate the said land for one year personally, and after the one year to file an application to Regulize the Land. The order of District Collector was of 2006 and according to this he has to file an application to regularization in 2007.
Unfortunately the applicant till yet has not file any application for regularization of the said land, thou they are doing the cultivation on that particular land regularly.
But now when i decide to file an application to regulize the land in the name of applicant. I came to know from other Senior's of Land Revenue, that this Collector is going to Vacate the land for the breach of condition, as you have not file an application for regularization and it was compulsory stated in his order too.
So i am feared that as soon as i will file an application to reguliaze the said land, then Collector will not listen to the In-ordinary delay of four years and will reject my application and vacate the land in the name of state Government.
So what should i do to save the applicant, as they insist me to file an application and having a faith on me, what should i do ?
Ramesh Agnihotri
13 July 2011 at 16:03
Q: Whether Sec 18 of KSA can be applied if an agreement is partly executed outside India and partly executed within India?
Whether the word "only" used in the Section 18 of KSA would mean agreement shd be executed outside india by both the parties? or whether it would even be applicable if the agreement is partly executed in india and partly outside india?
Would appreciate if someone could guide on the procedure involved for stamping under Sec 18 [if applicable]
Arka Foundation
13 July 2011 at 08:09
Dear Ld Members,
Can a DP3 complaint be given to the SHO of the concerned jurisdiction by anyone in the list of accused i.e. A1-AN or only A1 has to give.
Please enlighten me.
Anonymous
12 July 2011 at 20:04
Dear Expert,
I am looking forward to buy a builder flat with Home Loan. But my problem is that builder had not seek for MCD MAP Approval for the same building.
Now i need below suggestions
1. is the building map can be sanctioned after its constructions done?
2. Is there any law regarding only floor approval plan in Propety Law?
3. If not, than should i buy that property?
Best Regards,
Mukesh
Anonymous
12 July 2011 at 16:41
Hello All,
This is regarding a property suit in City Civil Court, for division of property between Mother and Son. The Mother has a Son and two Daughters.
The suit was settled in terms of the "Consent Terms" by executing a "Memorandum of Understanding" which states that both have agreed to settle the dispute in terms of the "MOU"
The signatures in the "Consent Terms" and the "MOU" had been witnessed by both the Daughters of the Mother.
"Consent Terms" had been filed making the terms and conditions of the MOU as part of the Consent Terms.
Both the daughters have executed "Declaration cum Indemnity", in individual capacity, confirming the terms and conditions of "MOU" forming part of the "Consent Terms". They have released all their right, title and interest in the property. They have stated that they confirm, agree and consent to what is stated in "MOU" about the division of property between the Mother and Son. They declare and confirm for themselves and on behalf of their heirs and legal representatives that they shall not claim any right, title or interest over the part of property that the Son is entitled in respect of "MOU".
The suit order states :
• “‘In view of Consent terms Exch.6, the suit along with un-registered N/M is disposed of”.
The Consent Terms state :
• The terms and conditions of MOU dated …… be treated as part of this Consent terms. The MOU shall form part of this Consent terms”.
• The daughters have executed Declaration cum Indemnity and have confirmed the terms and conditions of MOU”.
The Memorandum of Understanding states :
• Both the parties agree to sign this Memorandum of Understanding and draw consent decree in terms of what is stated herein above before the Hon’ble City Civil Court”.
• Both the parties agree to file this Memorandum of Understanding in the above matter and the above matter be decreed in terms of this Memorandum of Understanding”.
The “Declaration cum Indemnity”, from both the daughters, states :
• I hereby declare and confirm for myself and on behalf of ….. that I am not entitled to the said property and in any case do hereby release all my right, title and interest in the said property. I do hereby confirm, agree and consent to what is stated in the MOU and more particularly the following which is agreed in the MOU…..”.
In light of the above, will the Registration of MOU and Consent Terms between the Mother and Son as well as Declaration cum Indemnity of both the daughters, suffice and act as full proof document? Or, will an additional deed like Release Deed or Partition Deed be necessary? If so, then which deed will have to be prepared and registered?
My query with regard to the above is :
Will it be necessary to Register any of the above documents?
Will "Release Deed" be necessary? Will it have to be registered?
Will registration of "Consent Terms" and "MOU" suffice?
Will Stamp-duty be required to be paid? If yes, then on which document and on what amount?
any other point that you may feel necessary to clarify.
Thanking you in anticipation and looking forward to your valuable advice on the above query .
Sincerely,
Anand Shah
Anonymous
12 July 2011 at 16:13
Hi,
Request help in understanding legal clauses under situations as under between a buyer and seller.
1. Can seller impose delay penalty on consumer even though consumer is ready to make a payment but consumer is unable to do so due to lack of clarity on total outflow and available calculation?
2. In presence of early payment rebate clause, the date from which the rebate should be calculated should be the date from which the consumer intends to pay or the actual date on which the payment is made which could have been delayed due to seller not responding on time?
3. Can seller ask to make a lumpsum payment without providing exact breakup of the total outflow to the consumer?
4. In case customer doesnot agree to such claim by builder and raises a dispute, can seller further start imposing delay penalty on the consumer and demand the same?
5. Can the earnest money amount be forfeited by seller in case their is descrepancy observed due to above scenarios in the total outflow calculation provided by seller and deal is told to be cancelled by the consumer to the seller especially when an agreement is not even signed and the application under which the earnest money is paid doesnot have any explicit clause for a situation wherein their is a dispute due to which consumer wants to exit the deal?
6. Can seller be asked to pay for damages and harassment in such a case?
Appreciate the help in providing a response.
Many Thanks
Anonymous
12 July 2011 at 15:37
1........ Single Bench
2.........Division Bench
3,5,7,9,11 & 13
in this which one is full bench & Consitutional bench can anybody tell me pls.
In High Court how many bench are there whether it may be orginial juridisction, criminal or civil in nature or appellate jurisdiction or writ matters .
Requesting the LD members to elaborate it if possible by the judgment give by the SC or the HC.
Thanks.
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properties
Sir my mother(Hindu)having three house got from her father.my mother is desired to give some properties through settlement deed immediately.
she doesn't give any settlements deed at present for other sons . she desire to write will for other son.
it is possible to give settlement deed for one person alone
my mother is legal heir are
1.widow daughter in law(no child)
2.three son