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M. Sahul Hameed   06 April 2009 at 19:57

Execution proceedings

Can a court auction purchaser defend the petition filed by the third party, who is having some interest over the property under order 21 rule 64. what are the defences available on the part of court auction purchaser. Is there any rulings infavour of court auction purchaser.

dhiraj choudhary   06 April 2009 at 16:23

merit of the case can not be considered.............

can court consider the merits of the main case also while deciding the application for condonation of delay.if not then plz. give me some judgments as i m in dire need of them

M.S.Chandra Shekar   05 April 2009 at 12:29

Permission of Custodian

A Gift Deed in a Registrar's Office is registered in two parts; U/s 20 of Registration Act 1908, it has the entire qualities of a Section 20 Document. The Book in which it is recorded is having more than half page of blank space and later the other part continuous all of suddenly.

In the Remarks column there is a mention of Permission of Custodian.

In legal terminology who is the "Custodian" as mentioned in this case.

This mysterious query has been put to many prominent legal personalities, yet nobody has any clue as to what it is.

Some of them who are Collectors and Hon'ble High Court Judges, know, but they fail to talk about it.

Awaiting answers. Kindly help

J. P. Shah   04 April 2009 at 12:15

ALL INDIA RTI USERS' ASSOCIATION [PROPOSED]

I and other RTI activists are trying to establish above association, which will have RTI NGOs and individual activists from all over India, as members. Pl guide us whether it should be registed as society, coop society, trust, company or in some other form. Pl also inform where and under which act it has to be registered and what are main features and procedure. Will some of our members help us for completing formation formalities as a social service. Thanks

Manish Kumar Gupta   04 April 2009 at 11:38

Limitation in MACT Claims..

Dear All...

Please suggest if there is any limitation for filing a Motor Accident Compentation Claim under Motor Vehicles Act before MACT.

As per my understanding it is only 3 years from the date of accident. Am i Correct??

Manish..

Chetan   03 April 2009 at 21:14

Remand of Case

The Regular appeal was filed by the Def.. Now the appeal was remanded by the DJ by mentioning in its oder :-

"the suit is remanded back to the Trial Court for retrial with a direction to allow the parties to lead evidence and the trial court shall proceed to determine the suit in accordance with law, after providing an opportunity to the parties to lead evidence"

Res. Members What is my role under such circumstance as being the counsel of Defendant.

and how the remand matter proceed?

Prabhat K Srivastava   03 April 2009 at 15:45

whether arbitration clause covers all remedies?

Dear all,

pls resolve my one query that whether an arbitrator appointed as per existing arbitration clause will be sole forum for entire disputes, either civil or criminal, arise in respect of an agreement? Pls specify in case of criminal offence related to the agreement, in which mere arbitration remedy is available, what will be the course of action?

regards

Prabhat

Srinivas.B.S.S.T   02 April 2009 at 20:21

Consumer protection case

A is the land owner, he has given GPA to B, B inturn entered into a development agreement with C to construct a multi storied residential apartment complex.

Subsequently C constructed an apartment complex and in the same one unfinished flat was sold to Z. B on behalf of the A as GPA holder and C as a developer executed a register sale deed in favour of Z.

Later the flat was remained unfinished and now Z wants to file a case in consumer forum seeking a direction to finish the balance works of the flat or give money for taking up the finishing works.

Can he file case against A, B & c or C alone is liable?

Legal Eagle   02 April 2009 at 17:17

Bombay Public Trust Act

Hi everyone. I am having five to six trust in Bombay duly registered before the Charity Commissioner's office. The object clause of all the Trust deed is the same. Now because of the increase in work, I want to amalgamate all the Trust on the ground that all the Trust deed have a clause that the Trust can donate its corpus or part of it or amalgamate with any other trust having similar objects. Please note that the recital of the deed says that it is an irrevocable trust. I am desperate in amalgamating, as it will be easier for me to handle.

My query, Can I amalgamate, if so then under which section of the Bombay Public Trust Act? Do I have to take prior written permission of the Charity Commissioner or have to inform him about the amalgamation. With this irrevocable clause in it can I still amalgamate, taking permission. Please also let me know the procedure step wise if I can amalgamate?

Awaiting for an early reply,thank you.

M. PIRAVI PERUMAL   02 April 2009 at 11:59

Need help for drafting an agreement

A & CO. IS MANUFACTURER OF 25 DRUGS/PRODUCTS.

B & CO. WANTS TO PURCHASE 25 DRUGS/PRODUCTS FOR MANUFACTURING AND MARKETING THROUGHOUT INDIA.

I HAVE TO NOW DRAFT AN AGREEMENT ON BEHALF OF B & CO.

LEARNED EXPERTS PLEASE ADVISE ME THE VITAL CLAUSES WHICH I HAVE TO INCORPORATE IN THE AGREEMENT.