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Queries Participated

PRADEEP M KUNDER   20 February 2016 at 21:24

Summary suit

1. I have received notice of summary suit in 2008 from bank.
2. I have filed My advocate’s vakalatnama within 10 days of receipt of notice.
3. Now in Feb 2016, I have got summons of judgement. The delay of almost 7 years.
4. The amount recoverable is shown in one vehicle account and one OD account.
5. The amount recoverable in one vehicle account( No1) is purely interest amount because bank already recovered principal amount and interest up to the date of NPA. Now they are demanding interest amount only from the date of NPA to suit date.(details not available in SJ)
6. Bank has mislead the court by not disclosed another vehicle account(No 2) is closed and earned interest at almost 16% than the contracted rate of apprx 12.50%. The excess amount collected is not trfd to No1 vehicle account.
7. There are many other points in my defense since I was no longer the partner because partnership was dissolved and Vehicle No 3 was transferred to my individual loan and then bank officials signed dissolution document as witness.

MY QUESTION FIRST IS WHETHER SERVING SUMMONS OF JUDGEMENT AFTER 7 YEARS IS VALID AND WHY LIMITATION ACT SHOULD NOT BE APPLIED.

2ND BANK HAS DISCLOSED ONLY THE FACT AND FIGURES WHICH IS BENEFICIAL TO IT, THE OTHER FACTORS LIKE CHARGING OF PENAL INTEREST, EXORBITANT CHARGES OF REPOSSESSION AND PARKING, NOT DISCLOSED. AND ALSO OTHER FACTORS SUCH AS DISSOLUTION OF PARTNERSHIP IS NOT DISCLOSED TO THE COURT IN SUMMARY OF JUDGEMENT.

kindly advice

KamalNayanSaxena   03 September 2014 at 01:46

Non seizure of stolen articles

Dear members,

would any one provide the citation to the effect of Non seizure of stolen articles by police.

Jay...........   23 February 2013 at 22:59

Wife is intercepting my phone calls

Dear experts, Me and my wife are living separately since Feb 2011. We got married on Jan 2010. I am currently in USA. She did file 498A, maintenance, divorce, and another case for getting back an imaginary dowry (which they never gave to us). Total 4 cases. We collected more than enough evidences against her. So we are confident and going to fight these stupid cases. But, recently our telephone conversations are being tapped by someone, which includes calls between me and my parents, between my parents and my sisters. We don't know it's done by police or private investigators. Since she got connections with police, there is a great chance for involvement of cyber cell.

My questions are:

1. Do law enforcement can intercept civilians phone calls without any kind of approvals from the court?

2. If private investigators are involved, can they do this legally?

3. How do we find out our phones are tapped and how we take actions against them?


Please help us. Thanks in advance.

Ashwin Metaliya   23 February 2013 at 19:11

Regarding common plot sell

If, all the previous society member given permission to organiser to sell the common plot, in this case the selling become valid or illegal ?

And this situation the current new society member's and the member who don't give permission about that, can take any action against organiser and common plot purchaser ?

KamalNayanSaxena   15 July 2012 at 12:53

Duplicate demand draft

can a duplicate demand draft be issued in lieu of old mutilated, beyond validity period, unpaid one on the request of endorsee ?
As per discussion of NI Act there are different views, but if answer is yes, how it can be assessed the endorsement is true or fake since endorser is nowhere in the light and there are various stamp of different banks on the back side of the instrument.
what precautions should be taken other than indemnity bond and non payment advise, before issuing duplicate one?
The DD in question was issued in Jan. 2008.

RUKMANI   14 January 2012 at 15:21

Registration of proprietorship firm

sir i want to get registration of my proprietorship firm under indian registration act, 1908.
Plz provide me the procedure and the documents required for the registration of firm its very urgent

KamalNayanSaxena   07 September 2011 at 01:34

Rajasthan shops and commercial establishment act, 1958

Dear all, anyone help me to give Rajasthan shop & establishment act 1958 and amendment made thereon in 1983.
Regards
Kamal Nayan Saxena

ARUMOY   20 January 2011 at 20:22

Ownership of Flat & POA

I wish to get some clarification which is if a husband & his wife wishes to be joint owner of a flat, with POA from wife, can husband successfully execute alone or sign an agreement alone which states that both are owners of the property? And then , subsequently, while selling after some time , is a fresh POA required by any of the joint members to execute sale , in absence of one of the joint holder/on his or her behalf.

satish   20 January 2011 at 20:17

joint property

Dear sir/Madam

Myself and my step mother having a joint property in bangalore


and i having 1 brother and sister and a step sister.

my query is that is my brother sister and step sister
have a equal writes in my step mother property share.
or only my step sister have full write, and my father and mother was not alive.
please give your suggestion

regards

kumar

Anonymous   20 January 2011 at 19:47

will plot can be tranfered or not

As we have a dda plot and the plot is on name of grandfather and in the lease deed there is written that the owner of the plot as my grandfather's name propriter of the firm and after that my uncle made a partnership in the firm and in the partnership deed there is written that he is only in the firm for goods only and in betweeen this partnership deed, my garnd father transfered the plot to my father and my another uncle in the dda by mutation and by conveyance deed and now my uncle said that as he was partner in the firm so my grandfather has no independent title to transfer the shop but in dda the sole owner of the shop was my grandfather and he transfered the shop to my father and my another uncle and after that my unlce and grandfather made a dissoution deed and my uncle took his capital invested in the firm and now my father works in the firm and plot as a propriter.Sir i want to ask you whether my uncle has any right or not in the plot as he was not anywhere in the plot but mere a partner in the firm for some time.