dkshankar
31 October 2009 at 07:34
Dear experts,
i need your valuable suggestions on this matters. The facts are as follows:-
A land owner and a builder enter into an agreement to develop a flats in a site. The land owners entered into an agreement with the builder and the land owner is to get 60% of the constructed portion and the builder is to get 40 % of constructed portion. Then after construction some 400 sq ft of constructed portion has to allotted to land owners but it could not be separated with a flat and hence both parties entered into an agreement and the builder has given an affidavit stating that a sum of Rs. 5,15,000/- has to be paid by the builder to the land lords. The affidavit duly executed on a Rs.20/- N.J.Stamp papers and signed before an Notary Public. Later disputes arose and one of the land owner filed a consumer case against the builder. But the builder was set exparte and exparte order passed since no counter was filed. Now he filed an Appeal before state commission. In the mean time there is a delay of 400 days in filing the appeal and 258 days delay in representing the appeal. The important points is that the property as developed to sell the same to third party hence it is for commercial purpose. One of the party has not signed and he is not a party in the Complaint hence mis-joinder of party.
My quarry is that whether this case can be tried at Consumer Court since the complainant is not a consumer and there is no deficency in service. Is there is any rulings available in this regards?
thanks in advance
Yours
DK Shankar
Kumar Krishan Agarwal Advocate
31 October 2009 at 02:32
What is Doctor of Relation BacK ?
Kumar Krishan Agarwal Advocate
31 October 2009 at 02:31
What is Chartered High Court?
Anonymous
31 October 2009 at 01:44
I am a US citizen, a Christian, and 2-year resident of India. My fiancee is a muslim from Indonesia, living with me in India on a 6-month tourist visa, granted so we could marry here under the 1954 Special Marriage Act. Mixed-religion marriage is illegal in Indonesia. Sub-registrar is claiming we cannot register to marry here because neither of us is Indian. Can we marry in India: (1) under the Special Marriage Act, or (2) under the Christian Marriage Act?
Kumar Krishan Agarwal Advocate
30 October 2009 at 22:59
1. What are the grounds of amendment be put in in amendment application so that the court will allow the amendment ?
2. Will mentioning the para No of plaint and insert after that para or line stating is must for the amendment application ? or just making point 1,2 etc and file the amendment?
3. What are the crucial points to be remember before filling amendment application?
P.C. Joshi
30 October 2009 at 22:52
Dear Sir,
Pls guide on the following issue.
A Ltd has a factory in U.P.on leased factory of 11 months term and after 11 months lease is renewed.The Commissioner of Stamps issued a notice demanding registration and stamp duty.
The company is of the view that since it is 11months lease and registration of the lease is not required and no stamp duty is payable. Is the stand of the company is tenable.
On what lines the notice should be replied. Can it be mentioned in the replied that since the lease period is less than one year. hence, no registraion is required and as such, the demand of stamp duty is not justifiable.
Is the nature of lease being a commercial and being renewed after every 11 months give rise to stamp duty.
Regards,
P.c. Joshi
Vijay Kumar
30 October 2009 at 22:50
Police is pressurising by way of illegally detaining the vehicles at the instance of politically sound creditors.The complint to the District police chief was futile. Please advise the remedy. Regards.
Sumir
30 October 2009 at 22:32
I had filed a complained of obscinity or vulgarity in public.Police filed NC.
1. Is police justified in filing NC and not FIR. If it should be FIR, then under which IPC.
2. How to procede with NC?
3. Fees payable to court for investigation in NC case
4. After how long it is allowed to approach court after filing NC, since it is almost three years, the NC was filed?
vinod bansal
30 October 2009 at 22:31
R/Members
what is defination of valueable security in context of sec 467/468 IPC etc.Police has registered a FIR in connection with manufacturing of spurious ghee and sale of this adultrated ghee in the name of branded companies,police has recovered empty boxes (DIBBE)of branded ghee companies, is it covered under sec 467/468/471 IPC.Please advice.Regards
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