shreyans
07 September 2019 at 12:44
judicial precedent required on the condition if the reference document of a contract is consistent with the standard terms and condition of the original contract.
provided that the standard terms and conditions of the contract stated that the disputes shall be resolved by the courts but the reference document stated an arbitration clause.
also provided that there are judicial precedents stating that if in the reference documents there is arbitration clause then the matter shall be resolved by arbitration only. but if both i.e., standard terms and condition of the contract and reference document are inconsistent with each other on the point of dispute resolution then what will prevail?
sachin petkar
07 September 2019 at 12:17
I am middle person in one flat deal. My friend A purchase under construction flat from my other friiend B After two year due to possession issue A cancel his flat and demand refund as per market rate. B submitted 5 lakhs and 25 lakhs is remaining amount. A want his full refund immediately but B not having require amount at this time. And recently i had kept my cheque book with my friend B due i am outside for some work. With crossed and signed. Now A family started harrassing B and also me. His wife forcefully and in threatened collect my cheque from B without my permission and threatening me if A not deliver his refund in two days then i will deposit my cheque also which taken without my permission. And after she will do case against me I am confused and afraid. Please guide me what to do. There are no transaction between A and me or any kind of agreement or liabilities.
A knows very well that i kept cheques book with B.
Anonymous
07 September 2019 at 09:14
Hi Team,
I need your advice. A 120 feet mobile tower being installed next to my home. Contractor had already put bedding to tower. What are better options available under various legal provisions to stop the same.
sachin petkar
06 September 2019 at 23:11
I am middle person in one flat deal.
My friend A purchase under construction flat from my other friiend B
After two year due to possession issue A cancel his flat and demand refund as per market rate.
B submitted 5 lakhs and 25 lakhs is remaining amount.
A want his full refund immediately but B not having require amount at this time.
And recently i had kept my cheque book with my friend B due i am outside for some work. With crossed and signed.
Now A family started harrassing B and also me.
His wife forcefully and in threatened collect my cheque from B without my permission and threatening me if A not deliver his refund in two days then i will deposit my cheque also which taken without my permission.
And after she will do case against me
I am confused and afraid.
Please guide me what to do.
There are no transaction between A and me or any kind of agreement or liabilities.
Shakeel
06 September 2019 at 17:01
Dear Sir,
We have bought 1 FCL plastic raw material reprocessed material through Dubai trading and manufacturing company. Sales office of the company is based in Dubai and manufacturing is in Saudi.
Loading was done from Saudi in Jan and arrived in Feb at Nhava Sheva port of India. After loading was done seller-provided us pictures of material and sealed the container and provided us seal number photo as well.
When material reached Nhava Sheva and was taken to Telangana by road and when we tested the material it was not as per specs, lower grade material and doesn’t meet with specs.
When we check all documents we have found a discrepancy in documents like the seal was changed 2 times before reaching loading port as per BL records.
The discrepancy in test result as well, during the, have to use specified weight, the seller has used differently to achieve desired results.
We have appointed an inspection agency and got tested in different labs within India. All material failed. We tried to negotiate with the seller for compensation, but he doesn’t want to listen to us.
Please guide, where we can approach like DGFT, Indian Embassy, Indian chamber of commerce or any other file complaint or to blacklist the company.
Regard’s
Shakeel
Shakeel
06 September 2019 at 16:08
Dear Sir, We had one shipment from Saudi through there sales office based in Dubai, it was plastic raw material. shipment is done in Jan and arrived in Feb. As per the contract, we have agreed on the description of goods and results of the test was shared.
Seller provided us test results/actually it was fabricated, we came to know at the later stage.
Seller after loading container sent us pictures of loading with the closing container and sealed it and provided us seal number. But the seal was changed twice as per BL copy.
When the container arrived at Nhava Sheva we have cleared it and took this to Telangana, when we tested we have found material was not up to the mark. Seller doesn't want to listen nor want to negotiate.
how we can solve this by filing a complaint to DGFT or Indian Embassy or chamber of commerce or any other course of action. The seller has good business in India as well.
Regard;s
Shakeel
06 September 2019 at 16:06
Dear Sir, We had one shipment from Saudi through there sales office based in Dubai, it was plastic raw material. shipment done in Jan and arrived in Feb. As per the contract, we have agreed on description of goods and results of test was shared.
Seller provided us test results/actually it was fabricated, we came to know at later stage.
Seller after loading container sent us pictures of loading with the closing container and sealed it and provided us seal number. But seal was changed twice as per BL copy.
When the container arrived at Nhava Sheva we have cleared it and took this to Telangana, when we tested we have found material was not upto the mark. Seller doesn't want listed nor want to negotiate.
how we can solve this by filing complaint to DGFT or Indian Embassy or chamber of commerce or any othe course of action. Seller has good business in India as well.
Regard;s
Tushar vishnu shinde
06 September 2019 at 13:17
Dear sir,
Pl advice me that i my society we have issued notice to all member that we have to replast our society so pl bring quotation
so 5 quotation came from that we have finalised 1 quotation and that quotation read in front of all member
in quotation only society back side chember is going to repair but member are saying builder had said them both back and front side chember will repair.
so we said them no in quotation only back side repairing work will done
so now they are saying u should have issue quotation to each home i said them we have discussed in meeting that
now what i should do builder saying i had said verberly to do both side chember but in my quotation i have just mention back side
now member saying secretary to take in wrinting that builder said both side will do.
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Regarding section 143
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