Mustafa Bhat
11 August 2014 at 20:46
Sir,
Prosecution has asked to close the evidence in 498A & 406 after recording 10 PW statement.On next date of hearing the private counsel for complainant requested the court to call one of the PW out of 3 dropped PW's as they the complainant counsel feel that he is very important Witness for prosecution.
Now my query is:
1)Can court call this PW after evidence is closed by prosecution.
2) If so there are 2 more PW which were not examined by the prosecution even though 1 out of these two PWs is my uncle can court also call these 2 PWs,but the private counsel for prosecution doesnot want my uncle to be called as PW .
Arun
11 August 2014 at 19:58
Can anyone kindly provide the information reqarding :
If i put a cheque to a bank and it get returned because of insufficient funds and in how many days i need to file a suite against the party and if in case if i don't file a suite or send a notice even after cheque gets returned, for more than 3 months what will be the concequences and if there any chance to file the case after.
Deepesh Manglani
11 August 2014 at 19:57
Dear Sir/Madam,
I have a ancestor property and the only property in Borivali east(Mumbai) my grandmother gave the property on rent to a family in 1984 without any paper work. The family has been paying rent to my father and we have been issuing receipts.
Last year a builder approached them and the tenants have given the flat for redevelopment without our consent. I am not able to trace the tenant as he did not inform us about his where about. The builder says that he only needed 2 address proof(MTNL bill & Voter ID) provide by the tenant to get in to an agreement with the tenant. The building is already demolished. I asked the builder to give me a sum of equivalent to 33% of the flats value but he refused and asked me to fight a case with the tenant and not sharing the tenants contact details.
I have the following documents
1) Original registered flat ownership document
2) light bill for the month February 2014
3) property tax paid till February 2014
4) copy of receipts given to tenants
Kindly suggest IF & WHAT legal action can I take against the Tenant & Builder and what are the chances of my family getting 33% of the flats value as this is the only property we have and currently I am staying in a rented flat.
Thank you
Deepesh
yash
11 August 2014 at 19:40
DURING 2008 A LOAN WAS TAKEN BY ME FROM A NON-BANKING FINANCE COMPANY. MODE OF REPAYMENT WAS SET AS "ECS",AND LOAN WAS SENCTIONED @13.5% FLOTING RATE;AND 9 BLANK CHEQUES WERE TAKEN AS SECURITY.
AFTER 15 MONTHS OF REGULAR PAYMENT, DUE TO MARKET POSITION 2 ECS ARE RETURNED UNPAID,SO I REQUESTED COMPANY TO RESHEDULE "EMI" BY INCRESING THE TENURE.BUT MEANWHLE TIME PASSED DUE TO DISSCUSION WITH THEM AND 8 MORE ECS WERE RETURNED UNPAID.
AFTER THAT I SOMEHOW MANAGED AND IS REGULARLY PAYING ALL ECS BY TIME TILL TODAY WITH SOME AMMOUNT OF PARTPAYMENT FOR THOSE 10 ECS WHICH ARE UNPAID.
MEANWHILE WITHOUT MY KNOWLEDGE THE COMPANY APPOINTED "ARBITRATOR" OF THEIR CHOICE(for more than 75% cases ARBITRATOR is same)AND RECIVED A EX-PARTE AWARD DEMANDING IN FULL {PRINCIPAL+INTEREST+PANNEL INTEREST+BOUNCE CHARGES+FORCLOSURE CHARGES+LEGAL CHARGES}.
AFTER THAT FOR EXECUTION OF AWARD THEY APPLIED IN DISTRICT COURT,FROM A NOTICE BY THE COURT I CAME TO KNOW ABOUT AWARD.
SO I FILLED A OBJECTION UNDER SEC.34.
BY OBTAINING A CERTIFIED COPY OF AWARD AND RELEVENT DOCUMENTS I CAME TO KNOW THAT MY "FACILITY IS BEING TERMINATED DUE TO BREECH OF CONTRACT".
JUST AROUND A MONTH AGO MY BANK CHARGED "RS250 AS CHEQUE BOUNCE CHARGES". ON ENQUIRY FROM BANK I CAME TO KNOW THAT THE CHEQUE THAT WAS RETURNED WAS ONE OF THE 9 CHEQUES WHICH WERE GIVEN BLANK AS SECURITY. FURTHER BANK TOLD ME THAT 3 MORE CHEQUES OF SAME SERIES WERE ALSO RETURNED(just around 4 months ago but after 18 months of award).
THAT MEANS 4 CHEQUES OUT OF 9 CHEQUES (BLANK CHEQUES WHICH WERE GIVEN AS SECURITY)WERE MISUSED BY THE COMPANY.
MY QUESTIONS ARE :-
1. COMPANY CAN USE SECURITY CHEQUES FOR RECOVERY OF LOAN AMMOUNT WITHOUT INFORMING OR TAKING PRIOR PERMISSION FROM ME OR NOT ?
2. AFTER ACHIVING AWARD OF FULL AND FINAL AMMOUNT ; CAN THEY CLAIM MORE AMMOUNT BY USING SECURITY CHEQUES ?
3. HOW AFTER BRREACH OF CONTRACT(AS PER THEIR RECORD)THEY ARE STILL RECIVING ECS AND PART PAYMENT. IS IT IN FAVOR OF ME OR NOT AS PER LEGAL TERMS ?(ALTHOUGH LOAN IS MENT TO BE PAID,BUT CAN THEY ADJUST THE AMMOUNT AND PART PAYMENT IN INTEREST AND PENALTIES BY NOT DEDUCTING FROM PRINCIPAL AMMOUNT)?
4. THE RETURNED CHEQUE IS VALID FOR 138NI OR NOT, DUE TO MATERIAL CHANGES(3 HANDWRITINGS ARE THERE)?
5. WHAT WOULD BE THE JURIDICTION ?
6. CAN I FILE A CASE AGAINST COMPANY FOR MISSUSING MY VALUABLE PROPERTY ?
7. CAN I FILE ANOTHER CRIMINAL CASE U/S 420,CONSPIRACY,406,460,467,468,471,418,156(3).
8. ANY OTHER POINT ON WHICH I CAN FIGHT.
pawan
11 August 2014 at 19:28
kindly help as per below in arbitration matter
Exparte proceedings started due to failure of party to pay its share of Arbitration Fees and cost and panelty.Party Moved application not to proceed expated but was rejected by Tribunal with remark that they are habitual offender.
1)My question can They participate in arbitration proceedings
2) What Right they still have ,can they cross examine the witnesses or can they demand any document , can they move any application before tribunal to delay or side track
3) can they still actively participate or will be mere spectaor or
4) they will not be allowed to sit in proceedings
Your early reply will be highly appreciated
PUNIT
11 August 2014 at 18:01
1. My great grand father had alloted a shop in1945. 2. he made an unregistered will in 1955 with partition in 2 parts. 3. One part is assigned to brother of my grandfather and in second part 3 brothers were equal partener. 4. After death of great grand father in1960 , in 1971 first part of the shop was gifted to my father by gift deed registered in SR office. And second part which was of 3 brothers , had an ikrarnama which is unregistered and two brothers of my grandfather leave it to my grandfather in 1971. The ikrarnama was signed by two witness and tasdik by tehsildar but not registered. 5. Second part was willed by my grandfather to my uncle and attested by notary. now we want name transfer in munciplity , but they refuses and says that ikrarnama should be registered also require death certificate of my great grandfather who had died in1960, 6. Can we say them that /aggrement was mandatory to registered after 24/sep/2001 and in our case it is on stamp and executed in 1971 so at that time registration was not compulsory. Also we dont have death certificate of my great grandfather of 1960 can we say that death registration was made mandatory in 1970 in India and at that time death certificate was not mandatory. In ikrarnama it is written that my great grandfather had died but date is not mentioned. Please help when i consult with a local lawyer he states that civil court can not take these type of case against municipality for name transfer.
HARENDRA S SINGH
11 August 2014 at 17:01
Dear Sir
There is any law for payment of rent upto two year in redevlopment of Mhada Building even if he is not given possession of flat. (Builder is liable to pay rent upto two year only)
Regards
Harendra
sushila modi
11 August 2014 at 16:59
Dear and respected all,
can Respondents ( my son ) made counter claim of personal belonging jewelry of my mother in law, stolen by my daughter-in-law and ran away due to which my mother -in-law died on the same evening in DV case filed by daughter -in-law upon my son. if yes at what stage we can make claim at present evidence stage directed by court.
or
we have to file separate suit to recover the jewelry of my mother-in-law.
kind advice will help a lot to victims
thanks in advance
Raghu ponnala
11 August 2014 at 16:57
I have entered into an agreement of sale on 2 august 2014. by taking 25% of the total sale consideration. on 8 august 2014 he had cleaned the land with JCB and dosing machine and destroyed all my trees which are on the land. without my knowledge and consent. I am very upset with attitude of the buyers I do not know weather he will complete the transaction or not but he had damaged my 7 acres land now i don't see single tree in my land he had axed all the tree which are existing their.
I AM UPSET I WANT TO CANCEL THE AGREEMENT OF SALE WHICH WAS EXECUTED ON 2 AUG 2014 BY RETURNING HIS MONEY.
AGREEMENT CLAUSES
4. That the vendor has further covenant with the vendee that if the vendee is deprived of whole or any part on account of any defect in the vendors title the vendors shall indemnify and compensate the vendee agaainst the same.
6.The vendor shall deliver vacant possession of the said property to the vendee or his nominee at the time registration of sale deed or deeds.
rest of the clause are general.
Q1 CAN I CANCEL THE AGREEMENT OF SALE OR NOT. IF I CAN PLEASE TELL HOW TO DO THAT. IT IS AN UNREGISTERED AGREEMENT OF SALE.
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Order 22 order 3
One party substitute Plaintiff a person in partition suit. the said person is not the legal heir of plaintiff but a purchaser of his property. Whether that person can be substitute in place of Plaintiff as he is a stranger under Order 22, Rule 3 c.p.c or whether it should be added under Order 1 rule 10 c.p.c. whether it can be challenged?