Anonymous
25 April 2023 at 22:18
Can the terms & conditions of a registered rent agreement be modified orally or is it necessary to get the "modified deed" registered too?
Anonymous
25 April 2023 at 22:15
Is there any strict time limit for filing of rejoinder to reply filed by defendant as per provisions of CPC?
Anonymous
25 April 2023 at 19:24
During live in relation ( five years ) with my partner, on good faith I have lent him money on verbal promise to return. With the money he has purchased a property in his name at very good location for business purpose, so that he make money double within few years.
I have filed a money suit in competent court against him since refused to return my money & repeatedly try to ousting me from possession by force with muscle power.
Is live in relation for five years can we treat as spouse ? I have heated Supreme Court had considered long time live in partners as married.
I have heard as per Benami Property Act spouce is never been considered as benamider.
Can I file declaration suit for the property in my procession considering our relationship as spouse ??
I am helpless lady, please advise.
Ashesh Singh
25 April 2023 at 15:44
As per the terms & conditions of the registered rent agreement the commercial property was given for a period of 9 years with clause of increase in rent @7.5% after completion of every 3rd year. The tenant started being irregular in making rent payments & used to pay as per his will, sometimes after a gap of 3 months and sometimes even more and that too for that particular month only for which in the fourth year for two months he has even paid the revised rent. just after a few months and then and the suit for eviction was filed on the grounds of default & recovery of rent (increased rent too). Now my query is two-fold:
1. As the tenant was irregular in rent payments and when he used to pay then also the rent amount paid was for that particular month only, now if the tenant pays for the first two months and then in the seventh month he deposits monthly rent amount for that month only then is the landlord entitled to adjust the amount so paid towards arrears of rent? and if yes, then if he pays the revised monthly rent amount in the same irregular manner in the 3rd & 5th months then can the amount be adjusted in the same manner and the cause of action with respect to default in payment for 4 consecutive months be said to have arisen in the sixth month?
2. Upon filing of suit before the rent tribunal the tenant in his reply contends that due to covid period it was "orally" agreed that the rent will not be increased and will be the same as per the first 3 years, though as i referred earlier that tenant in the fourth year has even paid the revised rent twice. Can such a modification in a registered rent agreement be made 'orally' only or a 'modification deed' is also required to be registered for the same.
I am appearing on behalf of the Landlord & fairly new practitioner. So, any and as much guidance and insights from most esteemed legal experts in the area will be of great help and much appreciated. If any other things expert would like me to be careful about or check for that i might not have asked in my specific queries but by the context of these, they might find very relevant then i kindly oblige me by letting know of them.
Regards
Ashesh Singh
sachin
25 April 2023 at 00:11
Consumer Fourum Insurance matter
1. I purchased a health insurance policy of one of the renowned health insurance company, through the Policy Bazar website. The said Policy was a health insurance family policy and all the members of the family were covered. I was provided with the policy document as an attachment document, however, some of the hidden terms & conditions, other supporting documents etc were provided as a hyperlink in the mail that i couldn't see as i read the policy document that was attached.
2. These Hidden Terms and Conditions, supporting documents, and necessary information provided in Hyperlink / Website link may be altered by the company at its sole discretion later as and when desired. The email of Policy Confirmation Letter contains the Policy Document containing 14 pages along with that contains 9 Hyperlinks, website link, Mobile App Link for Android / IOS and Whatsapp Link etc for searching and finding necessary information, supporting documents and Terms and conditions.
3. This means, that even if the insurance contract has been entered into, the insurance company can change its terms and conditions at any point of time.
It is indicative of the active concealment of the facts that company wants to keep hidden from customers and may lead to promote the fraudulent intent of the companies and will help to rely them on the extraneous document that was never shown to customer at the time of Purchasing policy.
Hence, referring website/ webpages/ Links etc cannot be considered a perfect and authentic legal document to be considered as a part of policy Terms and conditions in any court of Law.
4. Insurance companies are misusing these hyperlinks/ websitelinks as a shield to deny the genuine insurance claims of the insured persons, based on terms and conditions which were changed after the insurance contract was legally formed.
5. Kindly suggest a further course of action or some experienced Lawyer who have handled such/ similar case
Regards
Sachin
raju
22 April 2023 at 18:43
I have purchased property and the seller received the amount by cheque/draft and sub registrar registered tho property. Now after a year seller produced photo copy of sale agreement that amount stands due from purchaser and filed police complaint. My query is does photo copy of sale agreement has any value since original not available.
Jasvinder
21 April 2023 at 16:33
A person file injuction suit and applicant brought o vii r 11 taking one of the ground that original plaint is not filed in duplicate i.e two copy.
But the lower court did not consider it and rejected now revision in high court.
Any case law.
Aaron Fernandes
21 April 2023 at 14:12
I need a list of the best lawyers in Mumbai with their contact info for Bombay Tenancy and Agricultural Land Act and who have expertise in Condonation of Delay for Writ in BHC.
Anonymous
20 April 2023 at 08:55
Dear Experts,
My car was recently involved in an accident where another car hit mine from behind and caused significant damage. I registered an FIR against the other person, and he was fined by the court. Can I now claim compensation from him under civil law for the damages caused to my car, as well as the time and mental stress I have endured? I have also been receiving anonymous phone calls from him that have caused me additional harassment. and what extent of the amount i can claim in civil court for the above circumstances?
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