(Querist) 29 July 2012
This query is : Resolved
That in RMJC u/o 39 R.2-A CPC the opponent party alleged that my client had executed leave and licence agreement after the status quo granted by Court,
The fact is that my client had exected the leave and licence agreement of his shop but on that document he did not signed and the shop owner submitted the Xerox copy of that agreement at the office of Labour officer for obtaining the shop Licence.
The opponent party had obtained that copy through RTI and field the instant RMJC against my client in which evidence of applicant and my client had done
My query is whether I can call the officer of Labor Office for focssing the issue that on Xerox copy they did not provide any licence ?
Whether I can cross – examine him ?
And whether the Counsel of opponent Party had rights to exmine him ?
(Expert) 29 July 2012
IF "The fact is that my client had exected the leave and licence agreement of his shop but on that document he did not signed " IS SO THEN YOUR CLIENT HAS NOT EXECUTED ANY DOCUMENT,AN UNSIGNED DOCUMENT IS SIMPLY A DRAFT DEED UNLESS SIGNED.SO NO PROBLEM.
But Whether the leave and licence agreement is registered one by affixng the signature of both the parties as per the rpovisions of Maharashra Rent control Act
(Expert) 30 July 2012
All those documents where there are promises to be performed by either side of parties and the breach whereof has been stipulated to be actionable at law requires to be signed by both of the parties.