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N.K.Assumi   29 May 2008 at 07:40

Constitution of India, CPC and limitation Act:

Dear Sir,
If a juristic person like State undertaking of Hotels or industry burnt down a building occupied by them as a tennant, and the landlord filed a case against them for compensation by implicating the State Government as profoma Defendant for explining certain issues, is it mandatory to give Notice under section 80 CPC? Since it is also a matter concerning immovable property for the purpose of limitation period it will fall under Artile 66?
The case was decided against me that Sec 80 CPC was required and that Limitation period will be under Article 113. Now can I file writ petition under Article 226 read with 227, as the court did not take notice of the Supreme court rulings submitted before the court?

V.Raghavan   28 May 2008 at 22:53

How to rectify the sale deed after 6 years?

When I scrutinised a document in which my client is interested to purchase to construct a factory i found the following defects:-
1. The Power agent executed the sale deed without mentioning his status and the Principal stating that he and his brothers are the absolute owners of the property.
2. A Patta was obtained in the name of the Power agent's father for the property which is not his own.
3. On believing that the patta is in the name of the power agent's fathat and that it has become their family property all the brothers have signed in the next sale deed in the rank of Vendors.
4. The Power of attorney is a registered on (22.4.2002)
5. When the sale was executed by the power agent the principal of the power was not alive.
6. A patta is also obtained in the name of the last purchase on the last transaction.
7. The originally the land was an agricultural and later converted into industrial plot.

Now the Vendor is interested to rectify the sale deed registered in the last transaction with the help of the Purchaser. My clients feel the property is very good for construction of their factory.
Now can any one suggest me how to rectify the defetcs in the title of the property after 6 years or registration and get it registered in my cleint's name ?

Mohan RP Rao   28 May 2008 at 20:34

Documentation of purchase of second hand car

I had purchased a car by way of benami transaction, wherein I had paid the Money but due to some difficulty ,I had Regisrteted itin my freineds name, though I am paying the Installments of the loan in respect of the said car through my freinds accounts. But now i aprehend that My freind may go against me. In such Circumstances I have Following queries
1. As of now my freind is ready to sign any Documents, What Document I need to prepare?
2. What legal documents are required to submitted to get my name registered in the Concerned R.T.O?
Thanx n Regards

N.K.Assumi   28 May 2008 at 19:23

Conflicts between Limitation Act and Contract Act;

If after the expiry of limitation period an exacknowledgement is executed under section 18 of the limitation Act by way of revival letter to pay the existing pronote, can it be read as one as a promise to pay time barred debt under section 25(3) of the Contract act, even if the acknowledgement do not contain any promise to pay time barred debt?

Ladhu Ram Chowdhary   28 May 2008 at 19:17

Interest in w.c.act

Interest payable in default of payment of compensation amount within one month from thedate itfalls due-whether the commissioner was justified inawarding interest at the of 12 per cent on the amount of compensation awarded by him from the date of accident .what cases law about s.c.&othere H.C.

N.K.Assumi   28 May 2008 at 19:09

Writ under 226 inspite of appeal or Revision.

My client stays in the District A about 250 miles from my district B and the Civil case was filed in District C about 120 Km from my district B. The Court in district C gave the judgment and the copy was obtained by me in September 2007.By October 2007 the Court was on holiday and i could not meet my Client for many months as he was mostly out of State on official duty and period of appeal was over by the time I could meet him, which was only a week back.Can I file writ petition under Article 226?

Ladhu Ram Chowdhary   28 May 2008 at 18:55

accident claims cases

whether sec.163A cover the cases where the negligence is on the vitim him self

N.K.Assumi   28 May 2008 at 18:49

State Consumer Redressal Commission:

I have filed appeal against the decision of the District Consumer redressal forum before the State Consumer redressal commission in September 2007, but my appeal petition is yet to be heard as the State Government of Nagaland has not constituted the State Consumer Commission.Please advise me what steps i should take.

Santosh Kumar Mishra   28 May 2008 at 17:34

Ref. lease agreement

Thanks MSS. Can i write this way: "This lease agreement is made on this 1st day of April 08 and being executed in writing on this 28th day of May 2008 between....."

"1) That the lessee pays and shall pay to the lessor every month, for the above demised premises the rent of Rs. 5,000/- per month to mr...in advance on or before the 7th day of each ......"

Dear MSS, pls let me know whether these wordings are correct?

Santosh Kumar Mishra   28 May 2008 at 17:17

Lease Agreement

Can a lease agreement made today i.e. 28th of may, 08 for a period of 1-4-08 to 28-2-09. I need to give the lease deed to my employer to claim the HRA exemption? I am paying the rent since April '08 but could not make the agreement due to absence in India. Can i make it now and give to my employer? What would be initial wordings of it?