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RAMESH KUMAR VERMA (pursuing company secretary course)     23 August 2010

please answer the quiery

Dear sir,

Please answer the quieries, with reason?

 

 

  1. causing damage however substantial to another  person is not actionable in law unless there is also a violation of a legal right.
  2. if the parties to the arbitration fail to determine the no. of arbritators, the arbitual tribunal shall consist of three arbitrators.
  3. the doctrine of part performance is applicable only where the transferee has taken the possession of the immovable property .       

question no.2 abhay's agricultural land was purchased by the government for the purpose of construction of a factory but no duty was paid for this transfer by gov. abhay wanted to take back his land on the ground that government has not paid the duty and therefore no sale deed was executed. will abhay succeed ? give reasons      

 

questin no.3  a document was executed by several persons at differnt times. the person in whose favour such execution was made, presented the document for re-registration after expiry of 3 months. whether such documents can be registered and if yes, within what period ?                                                                                 



Learning

 1 Replies

N.K.Assumi (Advocate)     23 August 2010

1. Yes, not actionable as for example opening a rival shop near the existing shop causing substantial lost to the pre existing shop owner, as no vilation of law arises.

2. If the parties fails to act within the time period to nominate the arbitrators as per the Law, the Chief justice will nominate it..

3.Part performance entails the completion of some portion of what either party to a contract has agreed to do. With respect to the sale of goods, the payment — or receipt and acceptance of goods — makes an oral sales contract, otherwise unenforceable because of the statute of frauds, enforceable in regard to goods for which payment has been made and accepted or which have been received and accepted.

 

 


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