Shourya Tanay
06 June 2015 at 11:16
Hello Sir,
I have a case on which i need your help.
case is:
Mrs. Aruna S. v. Abhinav Agrawal and others
Aruna S. and Abhinav Agrawal both were classmates and very good friend during their law course in the University. Both were very good friend and also planning to get marry. However due to some family and other reasons they could not marry. Abhinav, after completing LL.B started helped his father in his real estate business and latter on established his own company. Aruna got her LL.B. degree in the year 1992 but before she could join bar, she got married with Mr. Ashok K. At the time of marriage Aruna’s father gifted her plot of 4 acre, lying somewhere in the heart of the city.
Due to many family and other economic compulsions she stayed as housewife and maintained her family. Both husband and wife with their two children were happy family till 2006. However, in March 2006 they trapped into deep trouble and financial crisis. Apart from many reasons one reason of all these troubles was bad habits of her husband such as drinking, betting and clubbing with locals. Though her husband is a MBA but because of his bad habits he could not manage any stable business or a permanent job for himself.
In March 2006 he was arrested while possessing some country made liquor. He was prosecuted and to fight all this litigations, Aruna borrowed one lakh rupee from Mr. Abhinav Agrawal. Abhinav, who by the time came closer to her husband. As a security for the return of this money she mortgaged her gifted land in the name Abhinav Agrawal with possession. Mr. Agrawal use to give lot of financial and other supports to Ashok K and once Ashok confessed to his wife that he owe almost more than 20 laks rupees to Abhinav.
When Ashok came out from all this litigation he met with Abhinav and both agreed to do joint business. For that Ashok borrowed some 20 laks rupees. For this a contract deed was prepared.
Aruna’s younger daughter, aged 6, was suffering from brain fever and on 10th of Jan 2009 she was admitted in a hospital where she stayed for 11 days. Her condition was very serious. On 20th of Jan 2009, Ashok came to hospital and told Aruna about this settlement. She only cautioned him about new business tactics. Next day Abhinav and Ashok both came to hospital and contract was signed. Accordingly Ashok received 20 laks rupees and started new business.
In between Aruna’s father helped this troubled family by gifting one lak rupees and by this help Aruna redeemed mortgaged property on December 2009 by paying one lak rupee and got back her gifted property. In December 2009 Aruna thought to establish a CLAT coaching centre and thus planned to construct building on the plot. She was taken aback when suddenly police arrived on the scene with Abhinav and ordered to stop any construction work. Abhinav shown to them a stay order from local civil court and also produced a ‘sale deed’ signed by her in favour of Abhinav.
She challenges this stay order and filed a civil suit for cancellation of alleged sale deed. She files suit against both Abhinav and Ashok for playing fraud and misrepresenting him regarding the contract. She claimed that when she signed this deed she was under impression that she is just a surety for this contract and her husband also assured her that she is surety to this contract only. She also contended that the contract is not only a misrepresentation but also affected by undue influence.
Mr. Abhinav, though admitted that Aruna was not informed about details of contract but one of the reason was that since her husband was himself responsible for this contract so his nothing to do with any fraud or misrepresentation. He also argued that since she is a literate lady and also a lawyer she must know nature of every document she is signing. He also argued on the basis of declaration clause which was there in the contract which declares that “I undersigned hereby declare that I have gone through with the terms and conditions of contract and understand the very nature of contract and any liability there under.” Mr. Ashok did not appear in the court and ex-parte proceeding was ordered against him.
Court prepared following issues;
• Whether Plaintiff (Aruna) was misrepresented as to nature of contract and liability under the contract deed?
• Whether any fraud was played with the plaintiff as to nature of contract and liability under the contract deed?
• Whether contract was entered by exercising undue influence against plaintiff?
• Whether in the given circumstances, restitution can be ordered?
mukesh gupta
06 June 2015 at 09:46
I ordered food through online APP making advance payment along with order, but i did not get my order, the service provider returned my money after few days. is not violation under contract act or breach. since once payment is accepted they are bound to deliver goods/services.
jagdish dubey
06 June 2015 at 03:44
DEAR SIR/MADAM
WE HAVE PROPERTY IN OUR NATIVE VARANASI IN THE NAME OF MY MOTHER(SINCE MY FATHER PASSED AWAY 6YEARS AGO). AFTER THE DEATH OF MY GRANDFATHER AND GRANDMOTHER NAME OF OWNERSHIP OF ALL LAND HAVE BEEN TRANSFERRED IN THE NAME OF MY MOTHER AND OTHER CHACHA'S(UNCLE). BUT MY CHACHA(UNCLE) IS NOT WILLING TO DO THE DIVISION OF LAND,HOUSES ETC. HE IS ENJOYING A LUXURIES LIFE BY TAKING ALL THE PROFIT OF LAND AND RENT OF HOUSES ALONE.MY MOTHER WORKS VERY HARD FOR OUR STUDIES AND SHE IS UNDER A LOT OF TENSION AFTER LISTENING TO MY CHACHA WORDS.MY CHACHA HAS BECAME GREEDY AND HE SAYS HE IS NOT GOING TO GIVE US ANY INCH OF LAND TO US AND HE IS HARASSING US. .
SO I JUST WANTED TO KNOW THAT SINCE IN THE FILE OF GOVERNMENT THE LAND BELONGS TO US THAT IS IT IS IN THE NAME OF MY MOTHER
SO CAN WE SELL THE LAND??
PLEASE HELP.
THANKING YOU
REGARDS
JAGDISH DUBEY
ENGINEERING STUDENT
Roopesh
06 June 2015 at 00:19
Dear Sir,
I am 25 years old male belonging to Hindu Lingayat Sivsimpy caste which is also known as Simpi/Shimpi (as per a document issued by my community "ALL INDIA VEERASHAIVA LINGAYAT SAMAJ", a registered community association since 1980s)
Apart from School LC, neither I nor my parents possess any proof of our caste. Even if someone enquires our family members & relatives, everyone would answer that they belong to Lingayath Shivashimpi (Sivsimpy) sub-caste. But none seems to possess any documented copy stating that we belong to that caste.
Recently, I got a Letter signed by the Association's President stating that I belong to Shimpi caste which is also called by other names as Sivsimpy (as mentioned in the letter body).
But the main issue is with my School LC in which my father has mentioned Hindu Veerashaiva Lingayath as Caste without mentioning the Subcaste (error is from School authorities too as there is no subcaste column in the LC form).
Changes to be made in LC:
1. I want to include our sub-caste i.e. Sivsimpy (Shivashimpi)
2. Remove the word 'Veershaiva' as it's a culture which should ideally be omitted but my father made a mistake by including it.
Can you please help me by explaining the correct legal process to correct the errors & include the above said changes in the new School LC?
Kindly revert with a genuine & simple legal solution, sir.
ibrazahmed
05 June 2015 at 23:10
Dear Experts,
I am working in a software limited company.Company is in noida but i think jurisdiction is in delhi.
1.I would like to know the basic leaves allowed in a year as per the law.
2.We are allowed to go out of office twice for 10 minutes each break if we exceed it our salary gets deducted.
3.Earlier I was allowed 45 mins to go out and offer friday namaz but all of a sudden they have marked it as a half day leave when I asked the Hr they said we have dissolved that policy without any notice.
4.I am under a bond and its a one way bond I mean in every condition i will be paying the company even if they fire me.
Plz advise with related acts.
Mohammed Rizwan Shaikh
05 June 2015 at 22:24
Hi Experts,
A company purchased an Agricultural Land in Mumbai-Maharashtra, the directors of the company are not the farmers, the company did not get the certificate or NA permission from the farmers before purchasing the property, the said land is still in possession of Mr. X since 1971. Now the 7/12 extracts and Property Card has the bears the company's name, but the land is in possession of Mr. X in spite of the sale between the land owners and the company.
How can the mutations entries be cancelled?
Is the purchase or sale is legal or illegal?
Who is at the fault Land-Owner/ Company/ Tehsildar or the Registrar as he registered the documents of title without verifying/ scrutinizing the documents, Can Mr. X file an FIR against them?
Regards,
Rizwan Shaikh
vvkiran
05 June 2015 at 21:54
as per Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 notification No. 36034/1/2006-Estt(Res)
04/10/2012
(c) An 'ex-serviceman' means a person -
(ii) who has been released from such service -after completing the
specific period of engagement, otherwise than at his own request,
or by way of dismissal, or discharge on account of misconduct or
inefficiency and has been given a gratuity; and includes personnel
of the Territorial Army, namely, pension holders for continuous
embodied service or broken spell of qualifying service;
if an armed forces personnel(i.e) airmen gets discharge after completing 07 years and 10 months of
service on account of inefficiency and has been given gratuity will he be an ex-servicemen or not as per the above notification
vv kiran
9591925850
Deepak Kumar
05 June 2015 at 19:43
Partnership business which is running from 1988 is sold on "as is condition".
We would like to know the Income tax applicable on this sale transaction?
If it is sold on slump basis will there be any change on income tax applicability?
How can we reduce the income tax?
Pallavi
05 June 2015 at 19:09
Hello,
I need help upon following matter;
Me n my brother have booked 2 BHK flat in Pune. We had given builder Rd 11 lakes. Rs 5 lakh as advance through cheque, Rs. 3 lakhs in cash towords construction charges and Rs 3 lakh through net banking towards stamp duty.
We were about to enter into agreement with builder. We found certain suspicious points in agreement. Builder is reserving right on construction even after society formation. For this reason we wish to cancel the booking and recover paid amount to avoid future loss.
We had conveyed builder our intention of cancellation of our booking during meeting. We have told him that we are cancelling booking due to financial problems although we know his nuisance.
He is refusing to cancel our booking and refund of money.
Can I file a case in consumer court against builder?
How shall I proceed with complaint?
Will I be able to recover my money? On what ground I have to file case?
Do I have to take police action?
Please advise
Pallavi
8956984541
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