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Queries Participated

Praveen Jain   09 March 2013 at 18:28

Case title

Dear All,
Kindly clarify the following:

One of my friend Mr.X was working in a Finance company at Delhi in the year 2003 and resigned in the same year. After few month that company disappear in year 2004 after cheating lot of people. in october, 2004, FIR lodged against the company and its directors & employees including Mr.X
Mr. X duly attended the inquiry officer and got the bail from court to avoid arrest. in bail order of Mr. X, this fact is mentioned that "the Mr. X was mere a employee of the company and I.O. of the case also accept the fact" hence bail granted.
The case is now in the stage of arguments on charges.
Now, my query is:
1. is there any court decision of higher courts in this type of case.
2. the title of case is State v/s Mr. X and others, while Mr. X was mere a employee.
so, can Mr.X apply for change of tilte of the case (time gap is there 2004-2013). it should be state v/s company or its directors.


Praveen Jain   09 March 2013 at 10:02

Forfeiture of earnest money

Dear All,
I have entered in to an agreement to sell for a residential property on 15.02.2013 by getting 20% of the total sale consideration as 'Bayana'. The last date of final payment and execution of sale deed was 05.03.2013.
on 05.03.13, when i called the purchaser, he told me that he is short of fund and cant be able to make the payment right now.
The clause mentioned in agreement to sell was "if the purchaser fail to make the payment on or before 05.03.2013, the agreement will be considered as cancelled and earnest money will be forfeited.
In this situation, should i forfeit the amount received as earnest money and if yes then any legal formalities??