Munish Kumar Garg
03 March 2020 at 23:04
Dear Members,
My client i.e. plaintiff had entered into the Agreement to Sell (now to be termed as "ATS") with the defendant and on the targeted date, defendant had not put in appearance. So as per the Terms and Conditions of the ATS, firstly, plaintiff can seek specific performance of the ATS or can claim double of the amount. So the plaintiff either without properly cancelling the ATS, sent the legal notice to the defendant and thereby sought the refund of earnest money, to which legal notice was replied by the defendant and thereby denied the execution of any ATS and denied to pay any amount, being ATS is based on forged and fabricated.
The trial Court decreed the Suit of my client and the appeal thereof, filed by the defendant was also dismissed and confirmed the judgment and decree of the trial Court.
Now the defendant preferred the Regular Second Appeal and a question was raised by the Hon'ble Bench that how the suit is maintainable without seeking the relief of Specific Performance or can the plaintiff without preferring any Suit for Specific Performance can claim recovery of earnest money by preferring the Suit for Recovery.
So I need the help of all members to enlighten me on this problem with some case law.
syed sirajuddin
03 March 2020 at 21:30
hi sir,
My self syed i have a query
I have given an Amount of Rupees 20450 / - to my uncle to buy auto from financier as he was having 20000 / - he said to me that he wants to get auto from financer he was unemployed i think that as he was unemployed he will earn money to fulfill the daily requirement of the life . as i said that to my uncle to confirm either financer excepting card or not he said that he was excepting the card . so i go to financer and meet personally and pay the amount of Rupees 20450 / - to financer on 14.05.2018 my uncle promise me to pay the amount monthly . after reminder so many times to uncle from 14.05.2018 to till date he doen not pay a single ruppees to me . he said that he was give auto rented to some other person his license not available Traffic police caught by autodriver due to he was not having license . till date he said that auto in traffic police station he will never go to traffic police station to pay the challan and get the auto . after pay to financer i was converted the amount into emi which has been paid as per schedule inform to uncle that iam going to convert this amount into emi u have to pay some extra amount as discussed he said he will pay. i think the auto is released by financer due to non payment of installments to financer . i saw same number auto in our surronding unable to catch . plz suggest me what to do how to recover the amount from my uncle
Raghav Arora
03 March 2020 at 20:07
Tax Paid, still being pinged by Govt officials
Priti
03 March 2020 at 19:42
Dear Experts
I took a loan for a business which got NPA. Bank auctioned my property under SARFAESI ACT. Bank auctioned property on symbolic possession basis. I still have physical possession with me. Bank published auction in two newspapers, sent sale notice, affixed symbolic possession notice. but they did not sent 13 (4) notice by registered post. Now court has asked bank to show compliance. My question is.....is it mandatory under SURFAESI Act to full fill all three conditions or one mode of serving notice is sufficient. i.e...1 Publication in two newspaper, 2. personal/registred delivery of 13(2) and 13 (4) 3. affixation of notice. pls reply.
regards
Anonymous
03 March 2020 at 17:35
I joined a private firm in April 2017. 3 year bond. Left it in March 2018 without any information. They only send a message that if you do not contact for next 7 days we will hire new person. That's it. No legal notice was sent after that and now I am selected in Railways and in attestation form I have to fill previous employment details. So what affect it will have on my job and Railway official contact previous employment private firms or not. I expect clear answer not like they can contact if they want. Please reply
Anonymous
03 March 2020 at 15:28
My younger brother committed suicide due to wife. His insurance policy has father as nominee.then who will get claim father as nominee or wife and son as legal heir?
As per insurance amandement act 2015 if nominee is a beneficiary nominee like parents then only he will get claim. if parents are nominee then they are beneficiary nominee.please, advise.
sonal nayak
03 March 2020 at 13:56
Require format for petition to filed in case of contempt of court interim order in arbitration u/s section 27(5)
Hemanth hegde
03 March 2020 at 13:46
Hello sir
iam planning to buy a flat in bangalore., the Builder has taken permission for 27 flats in BBMP Approved plan and constructed 28 flats ., 6 flats in ground floor ., he has constructed 7 flats in gr floor., whether the deviation is allowed.
Regards
Hemanth hegde
abhijit majumder
03 March 2020 at 11:13
to
Professional friends
Is there any clear cut demarcation between salary and wages.
In Income Tax act Salary include wages.However under payment of wages act and minimum wages act wages include any remuneration ...........
Department of labour when published minimum rate of wages for the workers in different classes of establishments it include "accounts maintenance" as a highly skilled works under Minimum wages Act..
now my query is that :
In a registered office of a Company where administrative works inter alia include "maintenance of Accounts," the person in charge of the accounts maintenance activities will fall under minimum wages act and get wages as per minimum wages act. Or get salary which may be outside the purview of the Minimum wages act.?
Abhijit Majumder
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Sale of property after stay
Dear Sir,
I had filed a suit for specific performance of house property due to denial by party to get deed registered in my favour, during the pendancy of case they transferred the property in favour of third party. But lower court decreed in my favour and cancelled the sale deed made in favour of third party.
Then they filed appeal in session court and won there.
After that I filed the RSA in P&H High Court,where court granted stay.
But even after granting stay that third party which is also a party in case transferred the property in favour of fourth party without intimating high court.
Is this contempt of court. And what steps we should take now.