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Anonymous   06 December 2009 at 14:49

is Registration Stamp duty necessary - in specific performa

I am holding Agreement of sale on Rs.100/- stamp paper, to buy a House Property consisting of ground + First floor, delivery of possession not given.(1st March. 2003)
I am having receipts for the payments made on different dates and no objection letter from the vendor's children, for selling the property to me. Further i have cheques of the vendor in favour of Municipal corporation and electricity department, leaving the amount and date blank duly signed by the vendor and his wife respectively. I am also holding a letter issued by the vendor dated 6th march, 2004 for part performance of the agreement for delivery of possession.
Also holding another document called Declaration executed on 17th April, 2005,on Rs.100/- stamp paper, wherein vendor stated that he was in receipt of payments as per receipts and agreed that he has delivered possession of the ground floor.
This vendor avoided registration, hence filed specific performance case.
When avoided registration, I have issued legal notice to the vendor to register the property in my favour and also deliver the first floor portion and link documents. Since he refused to receive the legal notice, i have filed this specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark these documents, Hon'ble Judge is asking to pay stamp duty as required for registration, with penalty to mark this two said documents.
According to us we have to pay stamp duty for registration at the time we get decree and get the property registered through the court and it is not necessary to pay stamp duty at this stage to mark these documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention? Is our stand is correct???
Please give your opinion and information at the earliest - a bit urgent. Please...

suresh jakhotiya   06 December 2009 at 13:47

attachment of EPF & PPF

Dear Sirs

If the member dies then the EPF/PPF is not attachable from its nominee sec 10(2) of act.Then why should it be attachable if the member is alive & withdraws the EPF/PPF and is able to prove that this is from that a/c on his retirement after 60 years of age.
Pl. enlighten
Regards

sunildatta akole   06 December 2009 at 12:08

section 34 of Specific Relief Act regarding Declaration

Please anybody give me full text Judgement of Tripura Highcourt AIR - 1955 Page No. 2 , ABdul Barik Vs Abeda.
Please give above Judgement as early as possible.

Anonymous   06 December 2009 at 10:12

Third party liability of an Insurance company

The Insurance company is denying its Third party liability to the accident victim, on the ground that the owner of the truck, causing the accident to the victim, had expired prior to issuing the Policy for the truck, thus the policy issued to the Truck becomes void.

Can the insurance company deny their Liability?

Anonymous   05 December 2009 at 20:12

recovery suit

Does a cash recovery suit have to be filed within 3 years after an unregistered Agreement to sale has been signed or it can be filed even after 3- years.

Anonymous   05 December 2009 at 16:22

RE: Res-Judicata

Dear Sir,
If A B & C have jointly filed a suit against D E F respectively. During pendency of suit, only A files another suit (injunction suit) against D E F on the same subject property with alike averments.
Please guide whether principles of Res- Judicata shall apply in this case.
Please also advice wheher section 10 of CPC will apply or not for second suit.
Early reply is solocited.
Thanks

mahendrakumar   05 December 2009 at 15:59

court fee exemption

usually whenever we file cases at courts involving money transactions certain percentgage like 10% of amount to be deposited as court fees before filing the case. now kindly answer following:-

1) what happens to this court fee deposited?

a) will it be returned to the party after the final judgement Iif the judgement is favourable to the party who filed the case)

b) if the judgement is against,what happens to the amount deposited.

2. are there any situation wherein parties are exempted from court fees?

3. If so what are those situations?

Reshma K   05 December 2009 at 12:47

Procedure in High Court

Hi, As I have recently started practice i have some questions regardng procedure. I have not come across any book which clearly explains this. If you know pls suggest. Hope you will ans the questions. My questions are relating to Karnataka HC procedure.

1. When we file a WP, it comes before the court. Is this for 'Admission" or is this a stage before "Admission". I heard recently that Notice has been issued and the case will be coming up for Admission. Can you explain these stages pls? Also is a copy of the WP sent to the respondent by the court??

2. What is meant by issuing Rule? or rule nisi...something like that?

3. When do cases come up for "orders", "preliminary Hearing" etc? What does it mean when the case is posted for "orders"?

4. What is "Preliminary hearing B Group". When does a case come under this category.

5. Does "part heard" concern only the final hearing stage?



AJ   05 December 2009 at 11:53

ELCECTRICITY ACT

I am aware that under the electricity rules & regulation in place at Jharkhand and even throughtout India, Practicing Professionals line Lawyers, CA, Doctors donot require a CS(Commercial) connection and are eligible to use a DS (Domestic) connection at their Offices.

Request you to please provide the relevant extracts from JSEB rules & regulation and decided case laws in this connection.

Thanks & Regards

S K Dass   04 December 2009 at 23:28

Eviction Ground

we are living in haryana. our tenant is not paying rent directly to us. we are claiming the rent in the court every after 1 - 2 years. In the court he is paying rent with interest and cost.

Then he started paying rent through Moneyorder.

He payed rent from jan 08 to april 08(4 months)through 1st moneyorder.

Again by 2nd money order he send rent from may 08 to aug 08 (4 months)

Again 3rd moneyorder we received was for the period of oct 08 to jan09 (4 month)

After that he become silent and didnot payed any more. (He missed / forget to pay rent for sept 08)

We filed eviction case and claimed rent from feb 09 to till date along with the rent of sept 08 in the court.

He payed the rent from feb 09 to till date with the interest only. for sept 08 he told in court that he has already payed through money order.

Now the case is pending in the court.

I want to know whether the short payment of rent is sufficient ground for the eviction of house or not.

Can anybody give me some links to similar type of case / judgement.

Regards
K D