Ch. Sujatha
20 October 2008 at 18:33
REspected Seniors,
Whether the unregistered payment endorsement in a registered mortgage deed extends the limitation after lapses of 12 years or not ?
Sreedhar Valiveti
20 October 2008 at 05:21
Dear friends,
Bank has moved under securitization act, against a bad debt for recovery. When the matter is at the stage of auction, CTO has sent a notie to Bank by informing their dues along with penality.
My question is CTO has a right to move against party for recovery of dues along with penality, but when Bank holds 1st charge over the said property, then can CTO can claim penality from the Bank or not. As of my knowledge CTO can claim Dues only but not penality.
Please resolve and give ciations if any!
Thanking you sir
Prem
19 October 2008 at 23:16
Dear Sir/Madam,
Where to find the complete set of Educational Trust laws. I'm not a law student. We are running a Educational trust for 25years, presently the trust was running by receiver due to disputes between the partners. The case was sunning for more than 10years. Can anybody help on this items to settle the cases as soon as possible. Or if you want more details about the previous case history for better clarification, i can furnish.
allurisivajiraju
17 October 2008 at 21:26
Respected Seniors,
Mr. 'A' obtained a lone by executing a mortgage deed in favour of the Mr. B. on 24-10-1996 with a condition to pay the same by 2 equal yearly instalments with interest. But he did not paid the same exept a part payment on 10-10-2008 for an amount of Rs. 500/-. The said part payment endorsed on the said deed, but it was not registered.
Whether the unregistered part payment dated 10-10-2008 extending the limitation for the deed or not?
Thanking You Sir.
N.K.Assumi
17 October 2008 at 07:53
In case of a State where Insolvency Acts of 1920 and 1909 is not made applicable what steps can the honest debtors take to file petition of insolvency. Is there any other alternate remedy?
Ch. Sujatha
16 October 2008 at 21:52
Respected Seniors,
In a suit basing on the promissory note after service of summons the defendant filed Vakalat through his Counsel and filed his written statement. Later in the trial stage the PW-1 filed his cheif affidavit, but the Defendant not prefered to cross examine him. After 4 adjournments Court has closed the evidence of the plaintiff. In all the 4 adjournments the PW-1 present. Later defendant not adduced any evidence on his behalf. Finally Court closed the evidence of the Defendant and also posted for judgement. Subsequently suit was decreed in favour of the Plaintiff. In the said decree and judgement the Court not used to the word " Set Ex parte".
Within 30 days from the date of the decree the Defendant filed a petition Under Order 9 Rule 13 of C.P.C. to set aside the said decree and the said petition was posted for Counter.
In the above circumstances the said petition is maintainable or not. Please advice me to file a counter to the said petition. Please refer citations if any in this aspect.
Thanking You Sir.
Ch. Sujatha
16 October 2008 at 21:29
REspected Seniors,
In one case Mr. 'A' lent an amount to the Mr. 'B' basing on the promissory note on 30-09-2005. But Mr. 'B' not yet paid the said debt.
Recently on 10-10-2008 (I.e. After expiring the time for 3years and 10 days from the date of execution of promissory note )Mr. 'B' addressed a letter to Mr. 'A' therein he acknowledged his time barred debt.
In the above circumstances Mr. 'A' can recover the said promissory note with the aid of the said letter. If yes what is the procedure.
Thankning You Sir.
.
16 October 2008 at 20:34
In Tamilnadu many people do not have surname, unlike other states. Instead the son/dauther carries the first letter of father's name as 'initial'.
For example if father's name is Sundaram and son's name is Natarajan, The son will describe his name as S.Natarajan.If Natarajan has a son by name Govind, he will describe his name as N.Govind.
So far no problem. But many forms of Govt and banking agencies etc, either ask for surname or ask the initials to be expanded.
Where surname is asked for, the Tamilnadu people treat initial as surname. So Natarajan will suffix his father's name to his own name and describe himself as Natarajan Sundaram. This is simillar to Ashok Gupta, whose first name is Ashok and Surname name is Gupta.
Where the form asks for expansion of initials, Natarajan is described as Sundaram Natarajan and his Son's name is described as Natarajan Govind.
Thus in one document,the same person is described as NATARAJAN SUNDARAM and in another document he is described as SUNDARAM NATARAJAN.
In one particular instance,the Income Tax department, truncated the name because they are very long in their computer format. The result was that in the Pan Card of grand son (Govind in our example) carried the Grand father's name ( Sundaram in our example). The assessee concerned, living in North India had a particularly difficult time in getting his PAN Card fixed.
Now his employer switched over to a new computer system, which, addresses the grand son with the faither's name.It is like calling Govind in our example as "Dear Mr Natarajan", because N.Govind is expanded to Mr Natarajan Govind.
Now my questionis: (1) what is the legally correct way of stating one's name for Tamilnadu people shwon in the example.
(2)How to deal with the non-uniform way of treating the names by different organisations so that legal complications may be avoided in Future.
Gur Prasad
16 October 2008 at 15:10
I think no rule can be implemented or enforced from a retrospective effect to the dis-advantage of an employee or worker. If so kind provide the case laws, citations and decisions/rulings of various High Courts & Supreme Court.
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advocate refused to give no objection on vakalath
My counsel denied me to give no objection on vakalath. I filed a leave petition and requested the court to allow me as party in person.
My question is should I file vakalath nama as party in person with the petition or not. Pelease inform me immediately.
Regards
Khaleel Ahmed