Jegaraj
15 December 2016 at 13:52
One of my client is staying in USA and has given a Special POA to his family friend for filing a petition for Nullity of Marriage in Family Court. But the registry is stating that a POA cannot file a case in family matters. They are ready to number the petition if we can give any ruling in this regard. Can any one kindly help out with a ruling please ?
Jegaraj
22 November 2016 at 17:11
Dear All
Can anyone please provide the model of Petition under Sec 14 of SARFAESI Act to be filed on behalf of a bank before the District Magistrate(District Collector)
Thanks in Advance
Jegaraj
13 February 2011 at 16:37
Dear All,
One of my client's daughter has runaway with her boy friend and they have also got married and registered the same.
now there was a mediation session in my office and we have convinced the girl to execute a registered release deed. My client who is an officer in a govt of india undertaking has many properties which he doesnt want to disclose particulars to every one.
he has also enquired with a local document writer and that person has said that they can register a general partition right release deed without mentioning any description of property.
at this point my doubt is
1. whether a general release deed without description of property is valid in law ?
2. what is the effect of the same ?
3. Under what provisions of law in tamilnadu?
4. is there any relevant rulings in this regards ?
any other advice on the captioned subject is also much appriciated.
thanks in advance.
Jegaraj
Jegaraj
22 December 2010 at 14:33
My client borrowed a loan of Rs.15000/- from kancheepuram branch of a nationalised bank in the year 1976 by way of submitting the ORIGINAL title deeds of a property. the secured property is situated in salem, so he was advised to submit his original title deeds with the bank's salem branch and also create an EM charge there itself.
subsequently the loan became NPA and the bank filed suit in the sub court salem in the year 1990. the bank had filed the suit only with the strength of a the pronote and did not file a Mortgage suit by filing the original title deeds of my client.
my client also did not want to contest the suit instead filed an admission memo stating that he admits the suit claim and will pay the dues in six months and the suit was decreed recording the admission memo.
since then my client is contacting the bank with an intention to pay the dues as admitted in 1990 and sought the bank to show him his original title deeds since it was not even filed in the court. but the said bank has failed to show the original title deeds of my client. we were informed orally that they have lost the documents and are not able to trace it. but no manager in the bank is ready to give it in writing as i might invite some accountability for them from the management of the bank. this was the status till 2006.
in the year 2006 only i came to know about all these facts and since the limitation period for filing an EP against 1990 decree was barred i again filed a suit in munsif court salem for
1. to declare that the decree dated 1990 was time barred
2. mandatory injunction directing the bank to return all the original title deeds to my client.
in this suit though the bank entered appearance through its counsel and later was set exparte for non filing of written statement. hence the suit was decreed as prayed for. since then the bank has not even taken any steps to set aside the exparte order till date.
subsequently even after the receipt of my legal notice and several RTI applications from my client in this regard the bank failed to return the documents till date. even though in some replies to my client's RTI application the bank has accepted that the documents were lodged with their salem branch and for the past 4 years they have stated that they are trying to locate it and return it once it is located.
hence my client has met the manager of the bank in person and he was informed orally by the manager that he accepted that the documents are not able to be traced and it will not be possible for them to give the same in writing due to accountability as who has lost the documents.
hence we had no other go than to file an EP in pursuance of the said decree passed against the bank in 2006.
at this juncture understood that i had made a mistake of thinking that the limitation for filing EP against any decree is 12 years. but now only i came to know that (after the munsif has returned my EP petition stating) the limitation period for filing EP against any decree of mandatory injunction is only 3 years and no condone delay petition is applicable in this aspect.
so this is the present situation. i admit that ignorance of law is not an excuse.
My doubts are as follows:
1. is there any ruling available in support of filing EP against a decree of mandatory injunction excusing the delay after the expiry of 3 years period of limitation ?
2. there has been numerous communcations and RTI applications and replies between my client and the bank in this regard till october 2010, so can the last communications during october 2010 can be deemed to have saved the limitation or extented the limitation ? whether any one has come across any rulings in this aspect.
3. as of now my client wants the documents badly as he is planning to construct a house in that place by way of raising a loan from any bank, in such situation he will have to submit originals of his title deeds to the funding bank ? (there is no registered entries regarding the borrowal of my client like regd MOE etc, the EC doesnot reflect any regd entires)
4. can anyone please suggest what is the way out to collect the documents from the bank or get a written communication from the bank stating that they have only lost the original title deeds of my client with the help of which my client can raise a loan from a bank by submitting the certified copies of his title deeds ?
since the client happens to be my very close friend i will have to solve this by any means. hope our experts will surely find a way out for me to solve this issue.
pls feel free to seek any further clarification relating to facts in this regard, if need be.
thanks in advance.
Anonymous
22 December 2010 at 13:37
My client borrowed a loan of Rs.15000/- from kancheepuram branch of a nationalised bank in the year 1976 by way of submitting the ORIGINAL title deeds of a property. the secured property is situated in salem, so he was advised to submit his original title deeds with the bank's salem branch and also create an EM charge there itself.
subsequently the loan became NPA and the bank filed suit in the sub court salem in the year 1990. the bank had filed the suit only with the strength of a the pronote and did not file a Mortgage suit by filing the original title deeds of my client.
my client also did not want to contest the suit instead filed an admission memo stating that he admits the suit claim and will pay the dues in six months and the suit was decreed recording the admission memo.
since then my client is contacting the bank with an intention to pay the dues as admitted in 1990 and sought the bank to show him his original title deeds since it was not even filed in the court. but the said bank has failed to show the original title deeds of my client. we were informed orally that they have lost the documents and are not able to trace it. but no manager in the bank is ready to give it in writing as i might invite some accountability for them from the management of the bank. this was the status till 2006.
in the year 2006 only i came to know about all these facts and since the limitation period for filing an EP against 1990 decree was barred i again filed a suit in munsif court salem for
1. to declare that the decree dated 1990 was time barred
2. mandatory injunction directing the bank to return all the original title deeds to my client.
in this suit though the bank entered appearance through its counsel and later was set exparte for non filing of written statement. hence the suit was decreed as prayed for. since then the bank has not even taken any steps to set aside the exparte order till date.
subsequently even after the receipt of my legal notice and several RTI applications from my client in this regard the bank failed to return the documents till date. even though in some replies to my client's RTI application the bank has accepted that the documents were lodged with their salem branch and for the past 4 years they have stated that they are trying to locate it and return it once it is located.
hence my client has met the manager of the bank in person and he was informed orally by the manager that he accepted that the documents are not able to be traced and it will not be possible for them to give the same in writing due to accountability as who has lost the documents.
hence we had no other go than to file an EP in pursuance of the said decree passed against the bank in 2006.
at this juncture understood that i had made a mistake of thinking that the limitation for filing EP against any decree is 12 years. but now only i came to know that (after the munsif has returned my EP petition stating) the limitation period for filing EP against any decree of mandatory injunction is only 3 years and no condone delay petition is applicable in this aspect.
so this is the present situation. i admit that ignorance of law is not an excuse.
My doubts are as follows:
1. is there any ruling available in support of filing EP against a decree of mandatory injunction excusing the delay after the expiry of 3 years period of limitation ?
2. there has been numerous communcations and RTI applications and replies between my client and the bank in this regard till october 2010, so can the last communications during october 2010 can be deemed to have saved the limitation or extented the limitation ? whether any one has come across any rulings in this aspect.
3. as of now my client wants the documents badly as he is planning to construct a house in that place by way of raising a loan from any bank, in such situation he will have to submit originals of his title deeds to the funding bank ? (there is no registered entries regarding the borrowal of my client like regd MOE etc, the EC doesnot reflect any regd entires)
4. can anyone please suggest what is the way out to collect the documents from the bank or get a written communication from the bank stating that they have only lost the original title deeds of my client with the help of which my client can raise a loan from a bank by submitting the certified copies of his title deeds ?
since the client happens to be my very close friend i will have to solve this by any means. hope our experts will surely find a way out for me to solve this issue.
pls feel free to seek any further clarification relating to facts in this regard, if need be.
thanks in advance.
Anonymous
12 August 2010 at 02:07
What are their roles in Legal mechanism?
Jegaraj
16 January 2009 at 17:52
Respected All,
I am an advocate practicing in Salem, Tamilnadu and I have a 12 years standing in the bar and belong to Backward Class. I would like to become a notary public under central quota.
I kindly request your good self to please inform me as to whom should I send my application to and the exact designation and the exact postal of the said officer ?
any other relavant advice in this regard is also invited
thanks in advance
Jegaraj
Jegaraj
03 January 2009 at 00:06
I am practicing in Salem in tamilnadu. i have a 12 years standing in the bar. i would like to become a notary public to practice in salem. can any of the fellow members may be pleased to explain where to get the application, what is the procedure, where to send the applications etc.
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Can two brothers doing business separately files a single ip ?
One of my clients are doing real estate business along with his brother. Due to the down trend in the industry they are not able to sell the plots and eventually they have come up with one single Insolvency Petition jointly by both of them as they have some properties owned jointly by both. But the registry has refused to number the same stating that they have to file 2 separate IPs and not on IP joinly. Is that correct ? Is there any ruling permitting both of them to file one single IP joinlty ?