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P.S.Subbaraman   11 September 2009 at 07:37

Specific Relief Act

My client's brother had agreed to relinquish his share in a property.The price for the property was fixed by him over phone. The correspondence were through emails alone between my client and his brother.The drafts of the proposed release deed was sent to my clients brother by my client. My clients brother had seen the mail but did not confirm the same in writing. An affirmation affidavit was sought by my clients brother from our client side and the same was also sent to him through email. In this affirmation affidavit the price for the property proposed to be released was clearly mentioned and the affidavit was notarised. Subsequently My clients brother had given a power to his son to execute the release deed in our clients favour.

The consideration and documents were engrossed in stamp papers. My clients brothers son at the last minute refused to sign the release deed on the ground that price is not matching and there is no agreement between my clients brother and our clients. My question is whether the email correspondence through rediff mail can be relied upon in the law courts .riven

DEEPAK AGRAWAL   11 September 2009 at 06:59

ELECTION OF A CO-OPERATIVE GROUP HOUSING SOCIETY QUASHED

Dear Sir/Madam,

The Managing Committee Elections of a co-operative group housing society have been quashed and setaside by the court of an Arbitrator (nominee of Registrar of Co-op. societies)and fresh elections have been announced due to not following the basic rules of Delhi Co-operative Act.

What are the next steps. What the Managing Committee should do now.riven

Soma   11 September 2009 at 02:34

O1 R10

if I file an application under O1 R10 CPC then whether an affidavit is to be filed with it?
whether the copy of it to be supplied to opposite parties?riven

Anantharaman Seshan   11 September 2009 at 00:43

Muster Roll maintenance

What if the Mumbai establishment does not or consistently maintain the muster roll with signature of employees to show they are present? What are the impact w.r.t damages and / or fine?
please respond promptly.
thanks
ananth
head Hr
MRCC
091-9920278318
ananth31ram@rediffmail.comriven

Soma   11 September 2009 at 00:30

Adverse Possession

One hindu died (before 15 year,, leaving two sons and one daughter. There is a will in favour of two sons.. nothing given to the daughter..
However daughter staying at the same house since birth and (even) after marriage with her husband since last 15 year..
Now one brother filed partition suit.. can the daughter and her husband claim adverse possession?
if not who and when can claim adverse possession?riven

sunitta   11 September 2009 at 00:26

IPC493

My ex wife ans i are both American citizen. after divorce we had friendly relation. however, during my surgery, she came to india along with me to help me out and to take care. we owned one property together which was supposed to settlle betwen us. she stayed with me for less than one year but not as husband and wife. I paid her money for share of the property. she signed non registered sale deed but it was notarized. she also signed power of attorney. but later on due to influence of her relative she cancel the power of attorney. Now she wants to proceed against me under IPC493 to prosecute me.she has moved out of house more than a year. My question is that we both us citizen, married out side of indin non hindu marriage. had divorce in In US, dose she has right to prosecute me just cause she help me during my illness? does Indian court has jurisdiction? secondly is there statutes of limitation applies to 493. I am looking forward to hear from a learned counsel.riven

Member (Account Deleted)   11 September 2009 at 00:06

Plead & act

What is the distinction between pleading and acting ? Attorney pleading only and Attorney acting & pleading?riven

ronak   10 September 2009 at 23:12

Gratutiy bill passed or not

1.I want to first whether the gratuity bill 2009 is passed by the parliament or not?
2.Are Teachers came in the definition of the word "employee"..till now
3. How to calculate the gratuity amount.
4.Maximum amount is still 3.5 lacs or it is amended to 10 lacs..

riven

TANMOY   10 September 2009 at 23:11

Can anybody get injunction?

A civil suit is filed and an application U/O-39, Rule-1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 is also filed and the civil judge has granted interim injunction against forceful eviction U/O-39, Rule-3 CPC. Petitioner is a foreign national. Opposite Party is stating that a foreign national cannot get relief of injunction under the law. Can you please tell me whether a foreigner is able to obtain perpetual injunction or not?riven

ALOKE KUMAR BARDHAN   10 September 2009 at 23:04

Banking Regulation Act Sec 24 & 25

The banking Regulation (Amendment) ordinance 2007 has ommitted sub section (1) and (2) of Sec 24 of BR Act. Thus, ascheduled bank's SLR is capped at 40% of DTL to be calculated on afortnightly basis.
On the other hand, SEc 25 states that on a quarterly basis, a bank should keep assets in india, in Cash. Gold or unencumbered approved securities at 75% of DTL.
this appears to be contradictory to me. may be I have understood it wrong. My question is, when 40% is the cap, how 75% of DTL id expected to be maintained on a quaterly basis ?
riven