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G.Nagarajeshwar Rao   15 April 2011 at 23:49

suit for specific performance of contract - latest citations required

I am appearing for defendant. The suit is filed for specific performance of sale agreement dated 14-1-2011. The sale agreement is time bounded. Rs.50,000/- paid [out of total sale consideration amount of Rs.6,00,000/-] at the time of entering in to agreement of sale. The entire amount shall be paid within 2 months. The plaintiff is not ready with money. The agreement is not contained the recitals that "the sale deed will be executed in the name of any other person chosen by the plaintiff". The plaintiff is friend of the defendant. Being friend of the defendant the sale consideration accepted for meager amount. In fact the house plot will be value @ Rs.8,00,000/- and above. The defendant has issued a legal notice as to the sale agreement is cancelled. For that the plaintiff has filed a suit, stating that he is ready with money [by showing the drafted original of third party with the recitals as if the defendant has sold the plot, in fact there is no privity of contract in between the third party and the defendant]. The things stood so the plaintiff has filed a suit seeking relief of specific performance of contract, with an interlocutory application with the relief "not to alienate" petition. How can the defendant escape from the liability and what should be the defense of the defendant. [The friend cheated the defendant that the property will be kept / purchased in his name only, but he sold out for excessive profit]. Citations required please respond. With regards - gnrsharma@gmail.com 09849458545; 08686186286

mayilsamy n   15 April 2011 at 22:04

election - sec 49(O) of conduct of election rules, 1961

" 49-O. Elector deciding not to vote.-If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark. "

In the recently concluded state election i have decide to opt for 49-O, The funnest part was that the presiding office was searching for 49-O for about 10 minute (actually there is no such a form for 49(0)), It shows how the election commission has educated/trained the presiding officers.

My question is can i challenge this rule under art 14, 19 and 21 of constitution of India.

Point 1 - art.14, 19
Why is that i have disclose my choice to election staff and record in writing on a public record (that is register as per sec 17A maintained by a election commission) while those who vote are also making a choice, is maintained as secret or their choice remain unknown. why a person who is making an effort to get to the election / voting booth unlike other who totally restrain from voting and decide to reject all the candidate is been singled out or been treated differently. The rule is like you are forced to make a choice among the candidates or get your identity revealed, is it against art 19 also were the law indirectly compels / force you to make a choice.

can we challenge the sec 49(0) under article 14 - Right to equality, is it a justified classification, classification where one who rejects all candidate is treated differently compare to those who make a choice of a single candidate?

Point 2. art -21,
The worst part is that when i am excising 49(0), i will not be using the voting machine which can be noted by all the booth agent of the election candidate. can i challenge this under art 21 where my right to privacy is lost in this case.

Thanks in advance for the reply...

Anonymous   15 April 2011 at 18:40

How to correct errors in educational certificates?

Dear sir,
I am a law student. My query is that by what procedure of law I can correct my name, my parent’s name and my D.O.B. in my educational certificates. I have to correct these errors from my mark memo of 10th, 12th, B.A., and L.L.B. Actually the names given in these memo are not properly given with sir name and D.O.B. is also not correct.
Please help me sir.

Anonymous   15 April 2011 at 18:39

How to correct errors in educational certificates?

Dear sir,
I am a law student. My query is that by what procedure of law I can correct my name, my parent’s name and my D.O.B. in my educational certificates. I have to correct these errors from my mark memo of 10th, 12th, B.A., and L.L.B. Actually the names given in these memo are not properly given with sir name and D.O.B. is also not correct.
Please help me sir.

Vaibhav   15 April 2011 at 16:22

Challan Head Against notice u/s 54(1)(22)

Sir,
We did not submit Form I with Form 24(quarter-1,2).
The notice is come u/s 54(1)(22).
In the challan of VAT (UPVAT-I)in which head of account we paid the amount->
1.Central Sales Tax against demand
2.Central Sales Tax Penalty
3.Other Receipts

SAMEER DESHMUKH   15 April 2011 at 14:08

Purchase of property

Dear Sir,
We are staying in a property from last 80 years which was from my grand mothers father. after death of my great grand father , they are 6 peoples name is mentioned on property card including my grand mother.

I heard that, ther are 2 options to make this on my name, but dont know which is more safe and unchallengable ?


1) Registered hakka sod patra from other 5 members or registared kharedi khat ?


What do you suggest ?

Akash Rai   15 April 2011 at 11:47

Internships

Sir / Ma'am -
I m a Law Student in Dehradun. I want to know about the Legal Internships available in Lucknow for Law Students during Summers.
Plz provide Information & Contact Details as soon as possible!

Reply Soon...!!!

Anonymous   14 April 2011 at 22:17

WHETHER OFFERS MADE BY A COMPANY IN THE PROSPECTUS ARE LEGALLY BINDING?

A non-profit charitable trust is engaged in providing housing needs to a particular class of society.
This trust founded by 08 members is registered as a Company as per section 60 of the Companies act.
The so called company makes several several false promises in the prospectus, due to which buyers get allured to enter in a contract of sale/purchase of property.
Subsequently, promises made in the Prospectus turn out to be false.
As the company is not able to furnish proofs of the promises, buyer asks seller to compensate him with regard to the false promises made by him.
Company against the wishes of the buyer, deposits money in the buyer's bank account after making deduction of Rs 5000/-, causing Breach unilaterally.
Can the company be held Criminally liable for the false promises, made in the prospectus?
FIR has been lodged for Cheating.
Is Company Criminally liable for making misrepresentation/false promises, if the facts are proved?

Anonymous   14 April 2011 at 21:49

RBI - FEMA 120 : ODI : APR - Requirement of Audit of Subsidary

Fema Circular 120 requires that an india company
"
submit to the Reserve Bank every year within 60 days from the date of expiry of the statutory period as prescribed by the respective laws of the host country for finalisation of the audited accounts of the Joint Venture/Wholly Owned Subsidiary outside India or such further period as may be allowed by Reserve Bank, an annual performance report in form APR in respect of each Joint Venture or Wholly Owned Subsidiary "

This submission of APR is filled with Authorised Dealer Bank who in turn files the same with RBI online.

The bank demands the Audited Accounts of the subsidary.

My question is what happens if the host country do not require the accounts to be audited?

For example - USA .
Does USA has an equvalent of an ROC?
Who is the competent authority to certify that a company does not require an audit?


Thanks

Anonymous   14 April 2011 at 20:16

non - obstante clause.

Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&

SC in Ssouth India Corp Ltd vs. Secretary Borad of Revenue.


Required the hole case in detail pls any one provide me. it explain in depth of
It is not there in indiankoon.com so pls do the needful

The citation gives the non - obstante clause interpretation by the SC in depth.


Thanks.