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Queries Participated

Arif Iqbal   17 May 2023 at 20:41

Equitable mortgage

A property has been leased out for 10 years.

Two conditions of the lease deed are as follows:

a) When the Lessee/Second Party for the purpose of establishing or developing the industry on the demised property seeks to obtain loan from a bank or other Financial Institution by mortgaging his Lease-hold interest on the demised property in favor of such Bank or Institution, permission will be given by the Lesson/First Party to this affect provided such mortgage does not affect the rights and powers of Lessor/First Party under this Deed.

b) In case of mortgage of such land to the Bank/Financial Institutions by the Entrepreneurs/Industrial houses (i.e. Lessee/Second Party) with prior permission of the concern authority under industries Commerce Department. (i.e. Lessor/First Party) for purpose of taking loan/Financial Assistance the bank/Financial Institutions will have a limited right to utilize the land till expiry of the lease period on failure of the Entrepreneurs/Industrial houses to settle the loan/Financial Assistance.

Now my question is if the Lessor gives NOC, can the Lessee create EM in favour of Bank. If yes then if it is enforceable under trhe SARFAESI?

Arif Iqbal   16 November 2018 at 20:09

Ni act

I have sent the notice u/s 138 NI Act by registered post as well as by email (scanned copy of the registered post). Is the notice issued by email is admissible. From which date the countdown for cause of action will start: whether from date of receipt of registered post or from the date of receipt of email.

KISHORE KUMAR JOSHI   29 August 2018 at 20:04

Partnership deed error correction

Sir,
Our Partnership Deed as on 17/12/2015, has been duly notorized as METSA ENGINEERING CO. INSTEAD OF METSA ENGINEERING COMPANY. My question is how can I correct the ' CO.' to " COMPANY"
So that be a legal valid document.

Arif Iqbal   28 August 2018 at 19:06

Muslim woman

One of my client who is a Muslim woman married a Hindu man as per Hindu rites and customs. Thereafter they both applied for solemnisation of marriage under the Special Marriage Act. Notices for marriage were issued, but the marriage was not solemnised. After about 3 months from marriage, the woman returned back to her paternal home and reconverted to Islam. Now she wants to get divorce.

Now can we file a petition under 13(1) (ii) of the HMA. Our scenario is that the petitioner herself has ceased to be a Hindu by conversion to other religion. Please help me with suitable case laws, if any.

Hari Pratap   16 November 2017 at 18:25

Infidelity of wife and custody of minor daughters

Both me and my wife are in govt service. Shortly after marriage she conceded that she had an affair in college, but I let it go because that was past. But after few years I noted she would keep her phone very guarded. So I got suspect that she might be seeing somebody. When probed or confronted about being secretive, she would get violent or threaten suicide saying doubting her fidelity was demeaning to her. But now I have clinching proof that she is currently sleeping with somebody. Now I want to prosecute my wife for causing intense mental agony to me and my old parents by her violent behavior for last many years. I also want to put her lover behind bars (he is married with a son).
For first six yrs of marriage, we used to live alone. After this, when our first kid was born, my parents moved in to look after us. After three years, she demanded that my old parents move out (another kid had been born in between). When asked as to who would look after the toddler kids, she said that they could be kept in a creche. When I resisted her formula, she created a huge scene, tried calling police, and her parents came and took her away with both kids who were intensely attached with me and grand parents. Me and my parents were distraught. She returned after two years, on the condition that my parents live separately. So we are together for last few months again, with my parents living separately in vicinity and looking after kids till we return from our offices. But she still keeps saying that she wants to get away from me and my family because we all are morose. Now, with clinching evidence of her affair, I want to divorce her. Foremost, I want custody of two minor daughters (5 nd 7). She will definitely blackmail us with our emotional attachment with kids. She is in the habit of saying that law & society are on her side. I am ready to let her go if she leaves the kids, but I am afraid of discussing any mutual course of action because as soon as she gets to know that I have nailed her affair, she will again create huge uproar and will again run away with kids. What legal actions are available with me against her infidelity and causing intense mental agony to me and my family for last over seven years?(hari_pratap @ hotmail . com; Greater Noida, U.P).

Ramakrishna   13 November 2017 at 22:07

N I Act, clerical mistake in notice

After dishonor cheque, I issued legal notice, while sending notice cheque given date was wrongly typed and posted , reply notice was also taken from accused. Before filing complaint I found my numerical mistake. Should I send revised legal notice ? Should I mention the mistake in complainant? Can I win the case?

shishir   13 November 2017 at 21:28

Payment default

I have to recieve payment of approx 6 lakh from a customer of mine which is a construction/plumbing contractor company . We did transaction well for two years and was smooth. But suddenly last year he stopped giving payment and buying material. From the last year in August till date he has made 2 lakh out of 8 lakhs approx. He doens't deny but don't even give payments . We have proof of supply in bills statement confirmation in mail and hard copy . C- form for the outstanding bills. Now we are doubt that he is unwilling to make payment and only giving us dates . Please suggest if any legal remedy exist for the same as we are afraid on spending money and time in courts.

Anonymous   12 November 2017 at 19:30

Quashing without consent under section 354

Dear Sir/Mam's,

ME AND MY FRIENDS MET AN ACCIDENT WITH A LADY AND HAVE BEEN FALSELY PUT UP UNDER SECTION 354,
WE ARE FALSELY BOOKED UNDER WRONG INCIDENTS OF APPROACHING TO MOLEST THE WOMEN
WE HAVE EVEN BEEN IN CUSTODY FOR A DAY.
THE FIR HAS BEEN FILED BY HER COUSIN BROTHER. EVEN SHE CONFESSED THE SAME IN FRONT OF US EARLIER BY SAYING THAT THIS COULD MAKE THEIR CASE STRONGER AND ALSO THEY GAVE US THE IDEA TO QUASH THE FIR

BUT NOW THEY ARE NOT READY TO CO OPERATE AND ANS SAID THAT WE WOULD MEET UP IN COURT.

THEY TRIED TO BUY TIME SO AS WE REALIZED IT WAS TOO LATE TO FILE CROSS FIR.

KINDLY GUIDE CAN WE QUASH THE FIR IN HIGH COURT WITHOUT THEIR CONSENT, ALSO ON WHAT GROUNDS.
WE ARE GETTING MENTALLY PRESSURED ON THIS AS WE DO NOT HAVE ANY PROOF TO PROVE OUR INNOCENCE


BEST REGARDS

chander prakash kayat   25 February 2016 at 19:43

Seeking advice for divorce

sir my name is chander prakash kayat
my wife filed many cases against me and my family
first she filed complaint in women commission
2nd she filed another complaint in caw cell in caw cell our io refer to the mediator which was failed by her and her father.later the io was file fir against me and my mother , father , sister and brother etc.
there after my all family memebers got bail by the session court but i am not then i got bail from high court then she filed another complaint in dv act and 125
after arguments she awarded rs.6000 per month from mm court in dv act.
till the day she is not willing to live with me i file divorce case against her but she neglect . please suggest me how can i got divorce from her.

Raj Thakker   25 February 2016 at 16:05

Divorce

Hello,
One of my friend asked wifes call log history for last 3 years but his in laws are not ready to give how can he get it , is there any legal way , he want call history for purpose of proving adultery she is having vodafone prepaid connection , he want from year 2013.