uniquelylegal - UNIQUELY LEGAL

IF A BANK DISHONOUR YOUR CHEQUE ILLEGALLY, YOU CAN ASK FOR COMPENSATION FROM THE BANK FOR ALL THE LOSSES WHICH YOU FACE BECAUSE OF SUCH DISHONOUR: THAT’S WHAT MADRAS HIGH COURT HELD IN “CANARA BANK VS I.V. RAJAGOPAL”

Banking and Customer Rights, CHEQUE BOUNCE/DISHONOUR, Uncategorized / By uniquelylegal

Contracts are sacrosanct and that is the reason why we keep so much money in the Banks even though it offers dirt cheap interest rates (currently Banks only offer around 7 % of Fixed Deposits, that too if you deposit money for more than One year, which is not even enough to beat inflation let alone giving some savings to a customer) therefore it is the duty of the Banks also to deal with the Customers with utmost honesty and diligence.

AN OFFICIAL LIQUIDATOR IN LIQUIDATION PROCEEDINGS IS NOT ENTITLED TO ASK A DIRECTOR TO PAY THE DUES OF THE COMPANY FROM HIS PERSONAL INCOME : THAT’S WHAT BOMBAY HIGH COURT HELD IN “SHRI VIMALKUMAR RAVJI SHAH V/S THE EMPLOYEES PROVIDENT FUND ORGANISATION, SOLAPUR & ORS”

Leave a Comment / Company Disputes, Director's Liability / By uniquelylegal

If ESIC wants to effect a recovery from the company it can sell the assets of the company but the personal assets of the Directors are out of reach for it

YOU CAN PREVENT A PERSON FROM CONSTRUCTING HIS PROPERTY IN A MANNER WHICH DISTURBS YOU FROM ENJOYING YOUR PROPERTY FULLY: THAT’S WHAT THE SUPREME COURT HELD IN “HERO VINOTH (MINOR) VS SESHAMMAL”

Leave a Comment / Easement, PROPERTY DISPUTES / By uniquelylegal

Therefore property owners should beware that they have a right to enjoy their property to the fullest and if someone creates any hurdle in that enjoyment they can approach the Courts of Law in India to exercise their such right.

EVEN IF YOU PURCHASE A PROPERTY UNDER THE INNOCENT BELIEF THAT SELLER IS THE OWNER OF THE PROPERTY, THOUGH HE IS NOT, YOU ARE ENTITLED TO GET THE PROPERTY BACK IF THE SELLER BECOMES OWNER AT A LATER DATE: THAT’S WHAT SUPREME COURT HELD IN “JUMMA MASJID, MERCARA VS KODIMANIANDRA DEVIAH”(PART-II)

Leave a Comment / Innocent Purchaser, PROPERTY DISPUTES / By uniquelylegal

P being his only son becomes owner of the Bungalow as per Section 8 of Hindu Succession Act. Now Section 43 comes into picture and W can ask the Court to force P to transfer the Bungalow in his name. This is the true interpretation of Section 43.

EVEN IF YOU PURCHASE A PROPERTY UNDER THE INNOCENT BELIEF THAT SELLER IS THE OWNER OF THE PROPERTY, THOUGH HE IS NOT, YOU ARE ENTITLED TO GET THE PROPERTY BACK IF THE SELLER BECOMES OWNER AT A LATER DATE: THAT’S WHAT SUPREME COURT HELD IN “JUMMA MASJID, MERCARA VS KODIMANIANDRA DEVIAH”(PART-I)

Leave a Comment / Innocent Purchaser, PROPERTY DISPUTES, Uncategorized / By uniquelylegal

In these articles we will understand the meaning of the terms like Issueless, Spes Successionis, Absolute Owner of a Property, Life Interest Holder in a Property, Mutation. Also we will know about the rights of a widow without children before Hindu Succession Act and afterwards i.e. today, who is an absolute owner and who is a life interest holder, what is a Separate Property of a person.

IF A PERSON IS INDEBTED TO THE PERSON WHO MADE THE WILL, NEITHER HE CAN BE AN EXECUTOR IN PROBATE PROCEEDINGS NOR HE CAN BE GIVEN LETTERS OF ADMINISTRATION: THAT’S WHAT BOMBAY HIGH COURT HELD IN “MANIRAM VERSUS SETH ROOPCHAND”

2 Comments / PROPERTY DISPUTES, Will / By uniquelylegal

Even if someone gets a property in Will, that beneficiary do not know how to take appropriate proceedings in a Court to receive that property.

TO GET AN INSURANCE CLAIM A PERSON CAN DIRECTLY APPROACH THE HIGH COURT: THAT’S WHAT SUPREME COURT HELD IN “LIC VS. ASHA GOEL”

Leave a Comment / Banking and Customer Rights, Insurance / By uniquelylegal

ue to these abovementioned reasons the Insured or Policy Holder pays timely premiums in the hope of saving for a rainy day. But if Insurance Company denies the payment of your medical bills or denies money to a family after the death of the Policy Holder, then what are the remedies available to him or his family members.

IF A BROTHER GETS HIGHER SHARE ON PARTITION OF HINDU JOINT FAMILY PROPERTY, HE MUST ALSO COMPENSATE HIS SIBLINGS FROM HIS SHARE TO EQUALIZE PARTITION: THAT’S WHAT MADRAS HIGH COURT HELD IN “MANICKAM PILLAI VS AUDINARAYANA PILLAI”

Leave a Comment / Hindu Joint Family Property, PROPERTY DISPUTES / By uniquelylegal

So in order to avoid any future disputes it is better to have a registered Partition Deed or Family Settlement whereby a Charge or Mortgage is created on the property of the sibling who have been more fortunate on Partition.

LANDLORD IS ENTITLED TO EVICT A TENANT WHO GIVES POSSESSION OF TENANATED PROPERTY TO A THIRD PARTY: THAT’S WHAT DELHI HIGH COURT HELD IN “KENNETH SOLOMON V. DAN SINGH BAWA”

Leave a Comment / Landlord-Tenant Disputes, PROPERTY DISPUTES / By uniquelylegal

It is seen that today the tenants are using these legislations to hold on to the tenanted property as long as they can.

A FORMER PARTNER CANNOT BE FORCED TO PAY FOR ILLEGAL ACTS OF EXISTING PARTNERS: THAT’S WHAT SUPREME COURT HELD IN “M/S JUGGILAL KAMLAPAT V. M/S SEW CHAND BAGREE”

1 Comment / Uncategorized / By uniquelylegal

There are innumerable partnership firms which are presently functioning in India. The constitution of these firms change with time as some partners may leave the firm due to disputes or due to new partners entering the firm or may be due to death of an existing partner. In the case of dissolution (read termination) of …

A FORMER PARTNER CANNOT BE FORCED TO PAY FOR ILLEGAL ACTS OF EXISTING PARTNERS: THAT’S WHAT SUPREME COURT HELD IN “M/S JUGGILAL KAMLAPAT V. M/S SEW CHAND BAGREE” Read More »