Suri.Sravan Kumar
06 April 2010 at 20:37
the question is the owner of the car (private car meant for personal use) let out his car on hire to some persons. The vehicle met with an accident and one of the passenger in the car died and his LR'S filed claim petition before MACT claiming compensation against the owner of the car as well as Insurance Co.
In the cross examination it is proved that the deceased paid Rs 3000/- as fare charges.
the point is since the vehicle is a private car and the car was let out on hire Policy does not cover hire or reward.
Any judgements to show that Insurance company is not liable to pay compensation as the vehicle was let out on hire.
SUBHASH SHARMA
06 April 2010 at 09:36
ONE OF MY CLIENT WHO HAVE POWER OF ATTORNEY & RELINQUISHMENT DEED OF RESIDENTAL HOUSE IN HIS NAME AND HIS ELDER BROTHER’S NAME JOINTLY WHICH WAS EXECUTED BY HIS FAHER AND MERRIED SISTER (PROPERTY WAS IN THE NAME OF HIS MOTHER WHO IN NOT ALIVE).
FATHER REMARRIED AND LIVING SEPARATELY.
SISTER IS ALSO MARRIED.
NOW FATHER AND SISTER BOTH CAME TO MY CLIENT THREATENED HIM AND EXPELLED FROM THE HOUSE.
ALL ORIGINAL PAPERS ARE LYING WITH MY CLIENT NOW BOTH FATHER AND SISTER ASK THE ORIGINAL PAPERS FROM MY CLIENT.
1) WHAT SHOULD HE DO NOW KINDLY SUGGEST.
2) ATFTER THE DEATH OF THE MOTHER OF MY CLINET. THEY SHOULD HAVE FILED FOR SUCCESSION CERTIFICATE.
3) POWER OF ATTORNEY IS VOID OR NOT.
4) CAN FATHER AND SISTER WITHDRAW THE POWER OF ATTORNEY AND RELINQUISHMENT DEED.
5) WIFE OF MY CLIENT IS PREGNANT BUT SISTER OF MY CLINET WHO IS INSISTING TO GRAB THE PROPERTY IS THREATENING , ABUSING AND BEATING MY CLIENT AND HIS WIFE.
6) SINCE WIFE OF MY CLIENT IS PREGNANT MY CLIENT LEFT HIS HOUSE AND LIVING SEPARATELY HE LOCKED HIS HOUSE BUT SISTER AND FATHER OF MY CLIENT MAY BREAK THE LOCK ANY TIME.
7) FATEHR AND SISTER OF MY CLIENT COME TO MY CLINET CAME TO THE TENANTED HOUSE WHERE MY CLIENT IS LIVING THEY THREATENED THEM AND TRIED TO BEAT THEM.
8) SISTER AND FATHER OF MY CLIENT ALSO INSISTING MY CLIET'S WIFE TO GET 10 LACS RS AS DOWERY.
5) MY CLIENT ALREADY GIVEN THEM RS. 5 LCAS TO GET RID OF THE PROBLEM BUT SHE IS STILL INSISTING FOR MONEY AND PAPERS OF THE PROPERTY.
KINDLY SUGGEST WHAT TO DO.
Saju
05 April 2010 at 19:07
Hi...
There is a dispute going on between our society members and the builder. People want to form it as Society and the builder registered in as apartment Condominium. I would like to know what are the major differents between both? What is benificial for the flat owner? I am confused on how to go about it? Just to give you some more details..There are 4 building in the project. Last one is not yet constructed? Can you help us with this?
SUVIGYASAXENA
05 April 2010 at 18:17
Dear sir,
I m in urgent need of good trasportation agreement. My co. wants to enter into the contract with a transport co. pls. suggest the important clauses should be added in the draft..
Heaven 2011
05 April 2010 at 17:27
Dear All,
Kindly advise whether prior to selling any immovable property the clearance certificate U/s 230A of the the Income Tax Act is required to b obtained by the seller. So far my knowledge goes the proviusion of section 230A of the I T Act has been obsolete. Then should i refer the same clause in my sale agreement?
Rgds
anuj
05 April 2010 at 14:19
I want to know the various registration required concerned with the labour and industrial dept./laws for a new company and the prescribed forms and documents required for each.
jayachandran
04 April 2010 at 11:49
Our client had refused to accept the L/C wherein the purchaser extended its validity without specific authorisation or permission from the beneficiary.
Whether the beneficiary can refuse to accept the L/C.
Will it amount to termination of contract automatically.
What is the consequences.
PL. answer
gulab
04 April 2010 at 11:24
Sir, Can a grandfather make a decree in favour of his grandsons if he is having three sons and two daughters alive.
WHATSAPP 91-8075113965
04 April 2010 at 10:35
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
09447536929
advocatesalil@gmail.com
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Tenant eviction in a purchase under Sarfaesi Act 2002
I bought a commercial office building, where my company was and still is, a tenant, under Sarfaesi Act 2002 at a bank foreclosure auction. After a 2 year legal battle (appeals upto SC by the borrower/Owner and again at DRT) the title was vested in me. I managed to throw the Owner/borrower out. But a pre-exisiting commercial tenant (actually two companies under same proprietor) refuses to vacate, has not been paying the pre-existing rent etc.).
My attorney filed 2 cases for eviction under the Rent Control courts, against the 2 companies. Almost 2 years later, it still has not come to trial, while the tenant continues to enjoy the property rent free.
Could this have been filed any where else other than the Rent Control ? I am told that this should have been easy and quick and should have been filed in HC, due to purchase under Sarfaesi? Even if I get the eviction order from Rent control (or HC), I am told that this can go onto appeal? The tenant is hard to work with. Answers & advise?