sridhar pasumarthy
16 September 2019 at 17:08
Respected Experts,
Is it legal to sell old coins for higher price in India?
What are the relavant legal provisions?
Pls reply. Thanks in advance
sridhar pasumarthy
15 August 2018 at 18:22
Respected members,. In a promissory note suit, Plaintiff stated for the first time in evidence, without any whisper in the plain, that he himself scribed the note. What advantage can the defendant derive out of it to win the case. Pls clarify. Thanks in advance
sridhar pasumarthy
15 March 2016 at 08:26
Respected Experts,
A obtained a vehicle loan from a financial institution and still some more E.M.I s are due. While so, A wants to sell away his vehicle to B. So, A wants to get his loan transferred to B, for which financial institution is also willing.
I am representing financial institution.
My questions are :-
1. Whether law permits to transfer the existing loan from A to B?
2. If so, What are the legal formalities to be observed and documents to be obtained either from A or B by the financial institution to avoid legal complications in future?"
pls reply. its somewhat urgent
Very kind of you in advance
sridhar pasumarthy
17 July 2015 at 08:28
Respect Experts,
A suit was filed by a tenant against wife of the owner of leased property seeking permanent injunction to restrain her from dispossession during subsistence of lease. Plaintiff filed the suit under a misconception that wife is the original owner. Now after knowing that husband is the owner of property, plaintiff filed an application under order 1 rule 10 CPC seeking to imp lead the husband/real owner as 2nd defendant alleging that he has been often visiting the leased premises and threatening the plaintiff to dispossess him forcibly.
My queries are :-
1. Whether plaintiff is entitled to implead a party as new defendant on the basis of subsequent cause of action pending the suit? OR
2. Should the plaintiff file a separate suit against the husband?
Pls answer my queries.
sridhar pasumarthy
03 April 2015 at 12:34
Respected Experts,
"A" is the registered owner of a car. He took insurance policy during his life time. On demise of "A", vehicle was transferred in the name of son "B" and the same was duly intimated to the insurer.
Recently, car met with an accident and damaged. "B" sought for insurance claim. But insurance company repudiated the claim that the registered owner differs and policy stands in the name of previous owner.
Whether Insurance Company can absolve its liability in the given facts of the case?
Whether B has any remedy?
Pls answer my queries.
Thanks in advance for your valuable opinions.
sridhar pasumarthy
28 October 2014 at 14:56
Respected Experts,
Promissory note was executed undertaking to pay the amount with interest at 18% on demand. But, on its backside, promisor wrote that amount with interest would be paid after 18 months in his own handwriting and put his signature beneath it. Promissory note was affixed with Rs.1/- revenue stamp.
Basing on the said pronote I filed the suit.
Material averments in the plaint in brief are :-
"On dt.xxxx, defendant borrowed an amount of Rs.xxxx/- from the plaintiff and executed the suit promissory note in favour of the plaintiff in his own handwriting promising to repay the same with interest at 18% p.a. either to the plaintiff or to his order, on demand. He also endorsed on the backside of the said promissory note in his own handwriting that he would repay the amount after 18 months."
Now, defendant filed his written statement denying the signature and handwriting on the promissory note as well as of the endorsement on the backside of the promissory note is not that of him and that it was fabricated under certain circumstances by the plaintiff.
That material aspect in the written statement is "The suit promissory note is not a demand promissory note and it is a promissory note payable otherwise than on demand by virtue of endorsement on backside of promissory note. As such, according to Article 49 (2) of Schedule I of Indian Stamp Act, stamp duty is insufficient and hence it is not admissible in evidence as per Section 35 of stamp Act and hence, the suit is liable to be dismissed on this sole ground.
Now my doubts are :-
1. What is the effect of words written on the backside of the promissory note particularly with respect to deciding stamp duty?
2.Whether the words written on the backside of promissory note are part and parcel of the suit promissory note or can it be termed as different transaction?
3. Is there any way to get the suit promissory note marked without any objection?
I am very anxious of knowing the answers as you all knew well that suit will be dismissed if promissory note is not marked.
Pls clarify my doubts. Thanks in advance.
sridhar pasumarthy
20 September 2014 at 19:15
Respected Experts,
Lessee filed a suit for injunction against the wife of lessor stating that wife herself has leased out the property to him(false plea). In fact, husband is the owner cum lessor and he was not made as a party to injunction suit.
Later, husband(lessor) filed a suit against the lessee for eviction and for recovery of arrears of rent, after issuing termination notice under section 106 of T.P.Act. wife is not a party to eviction suit.
Admittedly lease is oral.
Both the suits are in separate courts of junior civil judge at the same place.
can Injunction suit be sought for to be transferred to the court where Eviction suit lies or vice versa?
(pls take note that defendant (wife) in injunction suit is not a party to the eviction suit, which was filed by husband)
else what is the remedy?
Pls reply.
sridhar pasumarthy
05 August 2014 at 01:31
Respected Experts,
A suit was filed for prohibitory permanent injunction seeking to restrain the defendant from interfering with the plaintiff's possession and enjoyment of suit property.
As temporary injunction was not granted, pending suit, defendant encroached portion of suit property and made some constructions over it.
It was more than 3 years that the encroachment was made. But plaintiff's counsel did not choose either to amend the plaint for mandatory injunction or to withdraw the said suit and file a fresh suit for mandatory injunction.
As you know well that limitation for suit for mandatory injunction.is 3 years, which was expired already in this case.
My queries are:-
1. Whether plaintiff can withdraw his suit and file a fresh suit for recovery of possession to avoid the bar of limitation?
2. Can he seek any other relief?
Pls give your valuable suggestions.
sridhar pasumarthy
21 July 2014 at 12:00
Respected Experts,
In a suit for specific performance of agreement of sale, I am appearing for defendant. Plaintiff is trying to prove his case by filing Bank Pass Book containing entry of withdrawal of amount, which was alleged to have been advanced to defendant as advance sale consideration on the date of alleged sale agreement.
Every account holder of a bank possesses a pass book in his custody. There is every possibility to manipulate the entries easily.
My queries are :-
1. Are the entries in Bank Pass Book come under the head of primary evidence?
2. Are they admissible in evidence without examining the person who made those entries in pass book?
3. Can I object to its marking?
Please give your valuable replies.
Thanks in advance.
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Stay of decree for permanent injunction
Respected experts,
A decree was passed in a suit filed by plaintiff granting permanent injunction restraining the defendant from interfering with the possession and enjoyment of suit schedule immovable property, on contest.
Now, defendant preferred an appeal along with application under Order 41 rule 5 cpc seeking stay of execution of the said decree. Is it maintainable?
Pls give your valuable inputs. Thanks in advance.