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k.k.jandial   11 August 2009 at 20:16

Booking of flat with a buijder/developer

Hi learned colleagues,
My son who is singapore based booked a flat with Parsvanth builders a Delhi based co. with Br. office at Chg. and Project site at Panchkula(haryana)At Panchkula Royale during Oct 2008& paid Rs. 337000/ as initial deposit.
Terms & conditions of builder were that they will arrage 80% flat amount from tied up banks and rimburse the E.M.I. for thirty months by which time possession was to be given or the actual month of possession which ever is earlier but no tied up bank & also other bank approved the loan for the above purpose. Co. has taken huge loan from a bank who is not giving them the N.O.C. for the above purpose.AboveProjectis held up for the last one yr.and is not likely to be resumed in the near future.
We have been requesting the co.to refund the initial deposit via e-mail & telephonic calls International & domestic(Indian) but co. is not responding at all & now their chg. office incharge has bluntly refused while telephonic discussion with me on6th.8th & 10th of this month to refund the above amount& directed me to talk with their Delhi office where as amount was deposited in their Chg. office and correspondance was also made with this offic.
Pl. advise what should I do with this co.?.
K.K.Jandial

Pramod Kumar   11 August 2009 at 20:04

O.P Petition - Sample

Dear Members,

Could anyone list the format of petition under Section 9 of the Arbitration and Conciliation Act 1996 for seeking an interim relief.


Regards,

Pramod

charudureja   11 August 2009 at 19:47

HI ALL

This is a case u/s 498 A, but the dispute between the parties has amicably been compromised at the intervention of the well wisher of the locality, but according to the law this offence is not compoundable under section 320 of the Criminal procedure code.
Now question is how to dispose off the case and under which provision?

Arvind Singh Chauhan   11 August 2009 at 18:52

Non production Of Investigating officer

Please show me some citations about the effect of non production of investigating officer before court as a witness.

Arvind Singh Chauhan   11 August 2009 at 18:46

D V Act

Whether female member can be prosecuted under protection of woman from domestic violence Act 2005

saswati gupta bagchi   11 August 2009 at 18:35

mortgage of property

A factory is constructed on an agricultural land which is still not converted. Sanctioned plan is there of the factory site. If a bank wants to create equitable morgage of the immovable property i.e. the said factory site against loan, will it be a valid mortgage?

vinod bansal   11 August 2009 at 18:00

Cancellation Report filed by police in court

R/Members
One person filed a complaint case of cheating against my friend in court and court sent this complaint for police investigation and police filed a cancellation report in favour of my friend,later on complainant protested this cancellation report and recorded his statement in the court ,court summoned my friend,now case is fixed for defence .I want to know whether police cancellation report is admissible or i have to prove it by leading evidence.If i have to lead evidence than i have to examine Investigation officer or Record keeper of police.Regards

vinod bansal   11 August 2009 at 17:53

Attachment before judgment

R/Members
Kindly provide me some recent citation on order 38 rule 5 (Attachment before judgment)I am representing defendent n plaintiff has filed application for attachment of my property before judgment in recovery of Rs. 55000/- Case.Thanx With Regards

saumit joshi   11 August 2009 at 17:42

wind energy

Dear All., i want the ammended wind energy policy for gujarat

Ria   11 August 2009 at 17:35

Setting aside of Exparte order

My Divorce case had been transferred to the fast track court in March after it was pending in the family court for 5 years. However after transfer of the Divorce petition the Respondent did not appear in the court for consecutive 5 times, therefore a notice was sent by the fast track court informing the defendant husband about the transfer of case and subsequent date for appearance.

However even after receiving the notice my husband did not turn up in the court for more than 4 hearings. As a result the judge on 4th June 2009 passed an ex-parte order, but on the date I was to receive the order that is 10th August 2009, (Please note that the the limitation period of 30 days is over) my husband suddenly appeared in the court at the last moment and submitted an application for setting aside the ex-parte order citing that the courts passing of exparte decree was an oversight as my husband did not know about the transfer of the case to the fast track court., which he is lying as the there is a copy his acceptance of the notice sent by the hon’ble court.

I have filed my say and have requested to dismiss the application for setting aside the exparte order on the following ground which is true:

1) Failure to cross examine me for a period of 4 years, even though I was always prepared for my cross examination (Iam appearing party in person). However my husband in the application to set aside the ex parte decree has stated that he wants to cross examine me now, which I feel is a delay tactics on the part of my husband

2) Non – appearance even after receipt of the notice of transfer of case to the fast track court

3) Default in payment of maintenance for one year (I have already filed a recovery petition for the same.

Please advice if based on the above grounds can I object the setting aside of ex-parte decree and object to my cross examination after 4 years ?

Regards,
Ria