LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   11 January 2022 at 13:58

Can partner in partnership firm rent his premises to firm

In a partnership firm, there are two partners who want to to start a small firm/business. For the purpose of opening office, and registration of GST, there is a need off rent deed as proof of address of the business.

My query is,
1. Can one of the partner in partnership firm rent his premises to the partnership firm?
2. If managing partner of the firm and property being given on rent are the same, then who will sign as tenant on behalf of partnership firm. Will he sign on behalf of the both?

shyam lal   09 January 2022 at 17:27

Supreme court ruling/orders

Experts
I would like to know if Supreme court rulings/orders are to be followed by the High courts? or are they just advisory in nature?

Abu Thalha   06 January 2022 at 09:32

Lawyer's conduct

A lawyer has given legal opinion favoring the valid title of a property in favor of A. Later the lawyer forgetting the opinion given, issued a notice to the seller in whose favor the opinion was given. What shall be liability of the lawyer concerned.

G. ARAVINTHAN   05 January 2022 at 12:56

Un probated christial will - validity

Whether a Christian Will not probated, but marked before the Indian Succession Act - Amendment Act, claiming title over a property valid ?

Anonymous   31 December 2021 at 01:17

Witness statement

Sir,
A witness to a sale deed in box in the court gave a statement that the executant of the deed read the deed and signed but in the cross examination he gave the statement that he do not know whether she can read and write ( that is, he do not know about whether she is literate or illiteterate).No other questions was asked by the cross examiner relating to the statement thereafter. Sir, here whether 145 of the evidence act is applicable to give an opportunity to the witness to bring it to the knowledge. Whether the statement in examination in chief that she read the deed and signed is valid substantive evidence.
I request advice to the above sirs



R.K Nanda   26 December 2021 at 15:19

Mutation of the dda flat

A DDA flat was in the name of my father.my father and mother both died.now there are three LRs including me.if mutation is done in the name of three LRs then can they sell the DDA flat or mutation be done in the name of one LR for selling the DDA flat. Kindly advise.

raju   25 December 2021 at 19:50

Copy supply rti

I was supplied information through RTI and copy is very fade.. Can appeal u/s 19(1) to supply eligible copy.

anil   24 December 2021 at 23:45

Counter affidavit

Dear Expert,
In my property case which I filed partition suit in Senior Division City Civil court just 6 month back.
In that while filling suit, we filed temp. injunction application for not creating Third party interest and any kind of construction for maintaining status-quo.
Now opposite party filed there written statement. After filing written statement on next date opposite party filed one affidavit. Now due to judge retired case is pending for transfer, so we got some time.

When we ask court clerk they said word for affidavit something undertaking and statement made in this affidavit is false, as we have proof for this.
We want to oppose this affidavit and want to reject this affidavit as we want to get accept the temp.inj. application, hence we are thinking of counter affidavit.

I want to know,
what is counter affidavit and will it be come under any CPC provision.
Will counter affidavit Allowed to submit in Senior Division Civil court.
Is any other provision to reject or refuse this fake affidavit.

Currently case is pending for temp. injunction application.

Will counter affidavit help to oppose this opponent affidavit or any other way that we oppose this affidavit.

kunhi marakkar   24 December 2021 at 15:18

Sale of share

Sir
I am a cowner of my deceased father's property.civil court allowed partition suite on this property.but execution petition not filed yet.can I sell my share on this property to a third party who is not co owner in this property.should i waite until judgement on EP ? Can I sell my share to one of co owners of this property? Because dicision taking long time due to busy in court

Anonymous   19 December 2021 at 15:26

Admissibility of evidence of criminal case in civil case

Hello,

I would like to know if evidence (statements and exhibits) from a criminal case is admissible in a civil case for compensation, and such evidence can be relied upon in the civil case.

Conviction was awarded in the criminal case, but appeal against it is pending before the High Court.

I found a judgment of Supreme Court that deals with admissibility of evidence between two criminal cases, and also two civil cases. https://www.casemine.com/judgement/in/5609aba4e4b014971140cf94

In the said judgment, it was held that evidence of one criminal case is not admissible in another criminal case. However, in (two) civil cases it is admissible when the parties agree or give consent.

What would be the legal position regarding admissiblity of evidence of a criminal case, in a civil case, and if such evidence can be relied upon in the civil case? Would such evidence be admissible with consent, if at all, and can be relied upon?

Please also provide important judgments/citations in this regard.

Thank you.

Sorry for being anonymous but it is important.