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Balasubramaniam S.   02 January 2009 at 19:08

specific performance of contract

the agreement holder has filed a suit for permanent injunction restraining the seller not to distrub his peaceful posession and enjoyment of the agreement property since the possesion of the land is handed over to him at the entering the sael agreement without the seeking for specific performance of the sale agreement but in the plaint he has averred that he reserves his file a suit for specific performance and he has not taken the leave of the court to file the suit for specific performance later and the court has granted injunction. my query is whether the purchaser can file a suit for specific performance at the later date though no leave has been obtained. i require if any judgment is available to substaniate that the purchaser can file a suit for specific performance at later date.

it seems i have not made it clear to our forum. what i want from the members of our forum is that the judgment which says that a suit for specific performance can be filed later when there is pleading in the plaint that the plaintiff reserves his right to file the suit later. pls. quote judgment in your reply, it will be useful for me to convience the court, if it ask for it to number the lis and contend before the court.

Shilpa Rani   02 January 2009 at 18:15

Shall i need to pay any tax....

Hi

We are 3 siblings .Recently we sold our Grandfather property which has 4 shares and i took my share from that sold money.
I was paid my share by D.D.I deposited that money in my saving's bank account...
now my query is ...do i need to pay any tax like capital gain tax etc for the amount i got...the property sold is agricultural land...if i have to pay tax ...what taxes are applicable in this case...please advice

KAMARAJ BHARATHY G   02 January 2009 at 16:57

VALIDITY OF POWER OF ATTORNY

A POWER OF ATTORNY DEED WAS MADE IN 2000. THE PRINICPAL EXPIRED IN 2004. POWER AGENT HAS SOLD THE POWER MENTIONED PROPERTY IN 2008. NOW MY QUESTIONS ARE
1. AFTER DEDATH OF PRINCIPAL WHAT IS THE VALIDITY OF POWER DEED?
2. THE POWER AGENT CAN MAKE SALE THE POWER PROPERTY AFTER THE DEATH OF THE PRINCIPAL?
3. IF THE POWER AGENT SOLD THE PROPERTY BY SUPPRESSION OF THE DEATH OF PRINCIPAL, THE SALE IS VALIED?

Ashwani   02 January 2009 at 16:41

Query regarding Sickness Leaves

Dear Sir/Madam,
One of my friends is working with a software MNC in India. Recently his company has made a policy stating that there will be "no Sick leaves" now onwards.
Is it legitimate according to indian labour laws? If no, then what can be done against such a sudden abandonment of the sick leaves by the company.

Regards,
Ashwani

seshachala   02 January 2009 at 14:56

provident basic wages

please tell us is it mandatory for the pf basic wages to be the minimum wages of the state or the basic wages to be 60% of the gross salary while computing the employee provident fund contributions

kk   02 January 2009 at 14:20

Delhi Rent Control

Sir pls. guide me the procedure of depositing the shop Rent in the court(Delhi Rent Control) as Landlord is refusing to take the Rent by way of Personal tender,Moneyorder and even demanddraft sent by Regestered Post.
He is threathing for filling case for not giving rent.
Can I Deposit the Rent in the court on my one.

advocate satya   02 January 2009 at 13:05

second bail application

sir
one bail matter is filed in high court the high court has given long date for hearing and issued notice to state , in the mean time can i file application before MM on new grounds and should i state that one application is filed in high court, do the MM entertain the application on this statement.

KAMARAJ BHARATHY G   02 January 2009 at 11:13

MUSLIM LAW - POWE OF ATTORNY

Dear Sir,
My muslim clients' father has executed a power of attorny (for house) in 2000 in favour his one another daugter, who is sister of my clients. Thereafter clients father has expired in 2004. Then the power of attory has sold the property in 2008. My clients raising the share in the house property. My query is whether the power of attorny holder can sell in 2008 while the principal expired in 2004 and the power is valied?

Is any different in share between the daughters and sons in muslim law of a deseased father inta state( without making of will) If yes kindly give the ratio detais between daughters and sons

SUNDEEP   02 January 2009 at 10:57

Cost of Arbitration

To all Happy New Year
I was working with a company with whom at the time of joining I have signed an agreement on company letter head where one clause was that in case of dispute the arbitrator shall be appointed by the chairman of the company. Later on teh company has broke teh agreement signed tehrefore I also quit the company. Now the company is allegating me for broking he agreement. When I refused to pay for the compensation the company suo moto has appointed an arbitrator. I dont know what is the fees amount to be paid or what is the agreement with the company for such appointment. Now I have received a letter from the arbitrator that the 50% of the arbitrator has to be paid by me.
My stand is that the appointment of arbitrator is without my knowledge. The only letter recieved by me was that when the arbitrator has already been appointed. Also I dont know the fee to be paid to arbitrator. So how can i be made responsible for paying cost of arbitration.
Is thia true that the party seeking arbitration has to pay the cost of arbitration. There was no such clause in joining agreement as to cost of arbiration, i.e. who will bear the cost.
Can any body suggest me or the reference to act or relevant case law or section applicable to such situation.

I will wait for reply.
Thanks

Mohamed Ali   02 January 2009 at 10:48

Striking out legal heirs not enttile for share on record..


A Sunni hanafi Muslim partition suit was decreed, and brother and sisters were entitle for some share as per decree...

Before the application for Final decree proceedings is filed all the decree holders died,

Hence in one daughters case who was also a decree holder, died before Final decree proceedings application filed, Her LR's were brought on record in still pending Final decree proceedings,
She had 1 son and 2 daughters, where as the Son has predeceased her with 3 childrens, As Orphaned grandchildren are not enttile for any share as per Muslim law,they are not enttile for any share share but my mistake they were brought on record while filing Ffor Final decree proceedings which is still pending,

Question :- Can these LR's of decree holder(ie orphaned grandchildren) can be striked out from record in pending Final decre proceedings itself or we have to file a seperate suite after Final decree proceedings. we have objected thru a Interlocutary application in pending final decree proceedings to delete these LR's..