Divya
25 July 2018 at 16:47
Respected Sir/Mam
I had to recover money from party “A” but he secretively sold his last asset to party “B”.
On scrutiny of sale transactions, it is learnt that party “A” has shown in sale deeds ample liabilities from “B” and showed balance some 10% amount received in sale.
Now scenario is that liabilities shown in sale deed seem quite improper.. Even the bank account numbers are mentioned from where such liabilities have been paid and settled
What is the remedy is it required to obtain foreclosure statements of those liabilities and is it required to obtain those bank account statements. How does one obtain 3rd party bank account statements. Through RTI or other procedures.
Your expertise opinion highly required.
Divya
28 May 2018 at 10:58
Respected Experts
A director had to pay me money arising from a commercial contract.
Director was the MD of company and held shares and assets in his name jointly with the company.
In due course, director and company secretively sold off their immovable asset to evade making payment to me.
Property was fraudulently sold to a multi-state credit society
Question:
Can a company tribunal exercise jurisdiction to decide the entire sale transaction between company and credit society?
If situation demands and its not possible to cancel the sale, can the company tribunal exercise jurisdiction making the credit society liable for making payment to me?
If not the tribunal who can take a decision for deciding the disputes of all actions of credit society?
Please advise
Divya
09 February 2018 at 14:22
Respected Experts
My father had filed a partition suit for obtaining part share in his mothers property. he also obtained an order for injunction that his siblings cannot create 3rd party rights till pendency of suit.
However he expired on 29th July 2017. We obtained death certificate only a month later. Non advocates told us that "legal heir impleadment" has to be done in 90 days. I made an appearance in the partition suit, where court reprimanded to appear after 90 days due to which perio elapsed, still court has given time to file a detailed application.
Other constraint was, my mother did not have any money hence she could not take any steps in several litigations of my father and she suffered weak health too.
How do I proceed further. Not getting the right guidance from lawyers as I have been scared that suit has abated. Can I pursue remedy under Order 22 Rule 4 with a delay condonation application for substitution of legal heir with penalty orders of court and delay costs
or is there another parallel legal remedy, which a surviving member can take so that suit does not abate.
Please guide in the best possible way
Divya
18 December 2017 at 22:31
Respected Experts
A proprietary firm “X” had filed a summary suit against a partnership firm “Y” before city civil court at Bombay for the unpaid dues arising from a commercial contract of hire agreement entered between parties where “Y” did not pay any rupee to the “X” and commercial contract remained unsatisfied, due to which “X” filed a Summary Suit before City Civil Court against “Y” for recovery of amount with interest @18% p.a.
Court awarded at 11% of amount till realization
Due to certain legal reasons, even after suit has been disposed off, my rights as a third party are being created before city court for my 50% rights in suit and decree.
My contention was that since it is commercial transaction, I found 11% a very less rate of interest though legally courts allow 18% interest on amount till realization where transactions are fully commercial arising from contracts. Also Suit was disposed off in 204, and my rights are being brought to the knowledge of city court now, hence Im eager to apprize court or request court to review/revise the interest from 11% to 18% on grounds..
Wil the court allow and is there any other reason apart from reason that it is a commercial contract. Since courts have also stated that rate of interest shall be as per the commercial transactions rates declared by banks,,
Can the court, same court which passed the decree allow for interest rates modification, on what grounds and how.. Please throw some light
Thankyou
Anonymous
18 December 2017 at 22:21
Respected Experts
A partnership firm "X" had obtained a decree in Summary Suit against another partnership firm "Y" in the year 2014 for payment of sum with interest @11%. Though "X" wanted a decree with 18% p.a.
Due to some reason, my interests have been created in the Summary Suit and Decree. I wanted to take in steps to get the interest rate reviewed/increased since it was a commercial transaction and ample losses have been incurred on account of negligence of "Y" firm.
it has been learnt online that a court can pass decree for 18% interest p.a. and/or as per the prevailing interest rates of banks for commercial transactions..And many courts including high courts approve decretal amount recovery with 18% pa till realization of suit amount.
it would be grateful if experst could advise if:
1. One can seek review/increase of rates before the same civil court on certain grounds
or what other reliefs or steps required to challenge
Please advise best possible
Divya
20 November 2017 at 12:03
Respected Experts
From Bombay Civil Court, I have obtained a decree against a partnership firm and its 2 partners and another employee "signing authority of firm"
By the time I start to gather evidences for execution I learnt that partnership firm has got dissolved and partnership firm also never had any assets. A company has got informed in due course bearing same name as partnership firm and declarations were given to MINISTRY OF CORPORATE AFFAIRS that FIRM AND COMPANY ARE ASSOCIATED with each other.
1) under such scenario, can i directly file execution application against COMPANY before company tribunal or do i file an execution application before civil court for attachment and sale of company assets
2) signing authority of partnership firm also has formed his own private company where he is a director. Can i file exeuction application against his newly formed company before company tribunal or do i approach
a civil court for execution against his newly formed company
please share ur expert advise
Thankyou
Divya
08 October 2017 at 18:25
Respected Experts
there was a tri-partite consent terms entered between Accused, Complainant and daughter of Complainant ... Where consent terms are made on a rupees hundred stamp paper.
As per main conditions of consent terms, Complainant will withdraw a criminal complaint and civil money claim against Accused in return of which Accused will give rights to daughter of Complainant in another civil suit...
Now Complainant has expired. Deliberately Accused says that Consent terms ARE BOGUS FRAUDULENT AS CONSENT TERMS NOT STAMPED..
But Complainant and his daughter had complied with their terms as laid down in that document, when that time there were no discussions of stamping registration.
ALL LITIGATION WERE WITHDRAWN AGAINST ACCUSED FROM SEVERAL COURTS. DAUGHTER OF COMPLAINANT ACTING AS CONSTITUTED ATTORNEY OF COMPLAINANT WITHDREW PERSONALLY LITIGATION AGAINST ACCUSED.
Purposefully to resile from consent terms, Accused says that consent terms ARE VOID, BOGUS AND INADMISSIBLE AS EVIDENCE BEFORE ANY COURTS SINCE CONSENT TERMS NOT STAMPED REGISTERED..
REQUEST YOU TO PLEASE GUIDE ME.. AS IM THE VITIM AND DAUGHTER OF COMPLAINANT AND HAVE BEEN HARASSED AS ACCUSED IS VERY POWERFUL
THANKYOU
Divya
24 August 2017 at 14:25
RESPECTED EXPERTS
ON account of serious personal reasons, I was compelled to file IN-PERSON WRIT PETITION BEFORE HONBLE HIGH COURT BOMBAY
1. Under articles 226 and 215 of Constitution of India for abusing procedures of high court, abusing procedures of all courts, suo-moto contempt of high court etc
suddenly people are telling me that I NEED TO MAKE ''STATE OF MAHARASHTRA" as a FORMAL party in the writ petition..
please guide if "AMENDMENT OF WRIT PETITION" CAN BE ALLOWED
AND IS IT COMPULSORY TO MAKE STATE OF MAHARASHTRA A PARALLEL PARTY IN WRIT PETITION
ALSO CAN THIS AMENDMENT BE DONE THROUGH CHAMBER SUMMONS OR ONLY THROUGH A CIVIL APPLICATION
PLEASE ASSIST ME
Divya
21 May 2017 at 12:45
Respected Experts,
I have been getting mixed opinions for MISCHIEF under IPC.
Some allegations of mischief made against opposite party in-person by me where I have made out a case of Section 426 of IPC.
However certain authorities have communicated to me that Section 426 of IPC is no more in existence. It is only 425 and 427.
I would be obliged if the Respected Experts could assist herein
Thankyou
Member Strength 9,47,956 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Contempt after compromise fraud
Respected Experts
Accused had a criminal complaint pending against him in a "Metropolitan Magistrate Court". He compromised with the Complainant and filed relevant applications before "Metropolitan Magistrate Court". and the court forwarded matter to MEDIATION COURT...Mediation court was presided by "Additional Chief Metropolitan Magistrate"
Accused cheated Complainant and backed off from consent terms..
A confusion is, that he is ideally guilty of criminal contempt of two courts,
contempt of "Metropolitan Magistrate" and contempt of Mediation Court presided by "Additional Chief Metropolitan Magistrate"
so before which court should contempt proceedings happen, moreso can one court try contempt of both courts or is there another procedure..
Please clarify and assist best.
Thankyou