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how a registered sale deed can be cancelled

  Where a sale deed is executed and registered and the intention of the parties are clear that title in property would pass upon the paying ...

Tuesday, 21 May 2019

Use of section 311 Crpc.

Section 311 is in two parts. First part use the word may and second part has words shall , this section gives wide discretionary  powers  to court and court may summon,call or recall any person to give evidence. The only thing court has to look is that the person person who is being called  his evidence must appears to the court that evidence is essential for just decision of the case. 

Monday, 20 May 2019

This time in my favour.

After final arguments, yes  this time verdict will be in my favor  but  after final order is announced against me, both hands are up in the air as if police has asked me to lift your hands.

Various reasons now floods my mind, hell what has happened, 
no that was the reason, no may be the judge has not correctly applied the law.
Ok not to worry i will set it right in appeal. By that time client has reached somewhere else.  Now other thought the client  itself was not wortthy he deserved what he got. These are some general thoughts.  But theme line is u have  lost a client  in present future and many other associated with him so what was the reason,  i was not prepared.  What happens  if i start my journey with an under maintained vehicle  in morning heading towards the court, there are strong reasons that like other  days i would reach my office in time without  any delay  but what will happen if i have some very important  case fixed for  evidence or arguments  and suddenly the vehicle refuses  to  move now what  in absence of non availability  of any alternative  transport mode , i am struck nowhere  even nobody to help me out. The first thought now comes who is to blame, no one its me who is responsible for ultimate  breakdown in absence of due care and prepration.....same is with trial  of cases if  u are not ready, not prepared and not cautious the trial vehicle will suddenly  get a breakdown  and no one except  u would be held liable.

Sunday, 19 May 2019

How to calculate period for sending notice in cheqe bounce case



Section 138 of negotiable instruments  act provide that notice is to given within 30 days of the reciept of the intimation of dishonoured  cheque from the bank or within 30 days  of dishonour  of the cheque by the bank. The most important thing is that the first day will start after very next day of dishonour of cheque or reciept of intimation of dishonour of cheque by bank. The words of ,from and within used  in section 138 has same meaning and object and that is to exclude the first day of dishonour of cheque or intimation of dishonour of cheque by bank. So the basic  and general rule is always to exclude the first day and to include last day while calculating the time limit for sending notice under section 138 of negotiable instruments  act. The general  rule and principal have been  dealt by supreme court  of india  in saketh case,harundass gupta  case and ultimately in Econ  entries case in 2013.