tag:blogger.com,1999:blog-41769400440764714212024-03-17T20:03:22.309-07:00LEGAL DRAFT,DEEDS,AGREEMENTS & AFFIDAVITBHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.comBlogger62125tag:blogger.com,1999:blog-4176940044076471421.post-16078740676949734702010-06-26T06:23:00.000-07:002010-06-26T06:25:50.879-07:001 - Meaning of Nominee?<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family:courier new;">8 - Q1. What is the meaning of nominee?</span><br /><br /><span style="font-family:courier new;">A. Nominee is a person to receive the benefits under nomination and distribute the same to the legal heirs/beneficiaries under law. Nominee can also be one of the legal heirs to take the benefit. This preposition has been laid down by the Supreme Court in a case pertaining to LIC nomination.</span><br /><br /><span style="font-family:courier new;">Q2. I an a married man of 25 yrs. I have younger brother and a younger sister. I had a love marriage last year in the same caste. Now after one year of our marriage my parents are forcing me to leave the house and I don't want to do so(because it is ver spacious and have different floors.) Here is the brief history of our family: My grand father came to India in 1947 from Lahore, Pakistan and after the partition. In India he stared in new life and made a house and shop in prime locations of Delhi. In 1984 my parents got a WILL signed by my grand father that the whole property belongs to only and only my father. (My father is the only son with 4 sisters.) In 1991 my Grand Father died and again my parents took NOC from my aunts and executed the WILL. My Question is: 1. Do I have any right on the property even though my father does not want to give it to me? 2. Can they throw me out of the house force fully? 3. What should I do when they become physical on this issue? 4. They have locked the kitchen & bathrooms so that we should leave the house ourselves in frustration. What should we do in this case?</span><br /><br /><span style="font-family:courier new;">A 1. No, you have no right in the property. 2. No, they cannot throw you out of the house forcibly. Before they throw you out , they have to approach the Court of Law and get the orders. 3. If they get physical on the said issue then you should file is suit for injunction against them, asking the Court to restraining them to throw you out forcibly. 1. Break open the lock and inform the police and also file a compliant of trespassing.</span><br /><br /><span style="font-family:courier new;">Q3. Is there any limit (as per the law) tot he "Meher" (in Muslims i.e. is SHIA) that is to be paid by husband to his wife keeping in view the earning of the husband, or it has to be as per the amount that is written in nikahnama?</span><br /><br /><span style="font-family:courier new;">A. There is no limit to Mehar even under SHIA Law. The husband may settle any amount he likes by way of Meher upon his wife, though it may be beyond his means.</span><br /><br /><span style="font-family:courier new;">Q4. Does the amount of MEHER paid to the wife by her husband becomes half or nil after the birth of first child or still it has to be paid in full as per the amount written on nikahnama.</span><br /><br /><span style="font-family:courier new;">A. The amount of MEHER paid to the wife by her husband will have to be paid as per the amount written on nikahnama. It is a consideration of marriage and has no connection with the birth of first child.</span><br /><br /><span style="font-family:courier new;">Q5. Do husband possess any right do demand his wife salary in any case?</span><br /><br /><span style="font-family:courier new;">A. NO, there is no legal right to demand his wife salary. It can be done only through understanding and persuasion .</span><br /><br /><span style="font-family:courier new;">Q6. I got a problem. I got married 6 months ago. My was not able adjust in US. So she went back. Now her father asking me come back and settle there. I didn't agree for this. He tried black mailing me to come back to India or else I file a case. Now he did that saying I send her back India asking to bring money to here for business and he said he is going to report Embassy also. I don't know what to do. They filed cheating case everything. I don't know how to react from my side. Do I have to report INS or Employer. How I have to overcome this.</span><br /><br /><span style="font-family:courier new;">A. On filing of any case by your In- Laws/Wife you can contest the case through an advocate. At this stage it is difficult to assess as to what type of cases are likely to be filed by your wife. As a precaution you can inform your employer. So long as you are in US they will not be able to do much against you, but if your have family in India, they can be harassed by the girl on false charges. Please give details so that we can guide you better.</span><br /><br /><span style="font-family:courier new;">Q7. I have heard of Hindu undivided family law. What does that mean? Does it say that grandson has the right to the property(made by him) of the grandfather ? Even if he has written a will on his sons name.</span><br /><br /><span style="font-family:courier new;">A. Grand Son has no right in the property of his grand-father. Grandfather is competent to give the property to his son by writing a WILL, if the property is the self acquired property of the grand father. If the property is an ancestral property then no WILL can be made, and in such a case the grandson will only get a share out of the share of his father.</span><br /><br /><span style="font-family:courier new;">Q8. What should I do then. My parents are trying to throw me out of the house because of my brother. Is there any way my family and I be protected under certain law.</span><br /><br /><span style="font-family:courier new;">A. You should file a suit for permanent injunction against the family and seek stay of dispossession as interim relief. Contact advocate for detail and for filling the stay. You will have to show your right in the property by showing of as an ancestral property or otherwise.</span><br /><br /><span style="font-family:courier new;">Q9. It is not ancestral property. What should I do now ?</span><br /><br /><span style="font-family:courier new;">A. Even if it is not ancestral property, the person in possession of the property cannot be dispossessed by force. Your possession is legal and you are a licensee in the premises. You may file a suit for permanent injunction with an application for stay against your family with a direction from the Court that you should not be dispossessed from the possession of the premises under your occupation without due process of the law.</span><br /><br /><span style="font-family:courier new;">Q10. Ours is considered to be Joint Hindu Family . My grandfather has three sons and two daughters,. My aunts are married and their marriage expenditure has been borne by my grandfather. Thought my grandfather and all his sons reside at the same place but internally all three had partitioned. However, there has been no formal partitioned deed executed. My grandfather had executed the will in 1990 wherein he had distributed the property among his three sons. However, at the time of execution of the will my youngest uncle was not married. He got ,married in March 1994. They have got one daughter out of this marriage. Unfortunately his marriage has been unsuccessful. My youngest auntie has never stayed at my uncle's place for even seven days continuously since their marriage. She mostly remained at her parents place that is at Ulhanagar. Their relation was bitter and my uncle had to undergo lot of mental trauma. Finally , the result was such that my uncle lost his mental balance.(Unfortunately, we do not have any medical certificate or evidence to this effect. But we do have witnesses for his said condition). In such mentally imbalanced condition, my uncle is reported missing from his In-laws house from December, 31st 1995. The report of his missing is lodged at Ulhasnagar Police Station. He is still missing. Further problem is that, then my youngest auntie has filed the suit against my youngest uncle, my parents and my elder uncle and auntie under Section 498 (criminal offences for sake of dowry). The allegation made in case are for dowry and harassment. These allegations are totally false. The case is still running at the Ulhasnager Court . The case had been filed up in February, 1998. Looking at such situation, my grandfather terminated the previous will and executed the fresh will in June, 1999. In the new will, the property that was suppose to be of my youngest uncle as per the old will, my grandfather has distributed it among his grandsons(i.e. I, myself and my cousin-son of elder uncle). Now my grandfather has expired fortnight ago due to his old age and medical,etc. Now I shall be highly grateful to you if you can provide me opinion on the following points:- 1) How strong is the case of my auntie under section 498 specially when she has not stayed at her in laws place for continuous 7 days? Also, that her husband if reported missing from their i.e. his In-laws place? Further , partition already existed in the family before his marriage. 2) Now, that my grandfather executed new will in which there is no share for youngest uncle-Can she makes any claim in the property? Specifically in the context that the property has been distributed among the grandsons and she bears the daughter our to the marriage with my uncle. 3) Now that my grandfather has expired, how do we go about transferring the property as per the will grandfather? What are the legal proceedings fort he property transfer based on the will of deceased?</span><br /><br /><span style="font-family:courier new;">A. The success of the case under Section 498-A lies on the proof of facts in the Court and the strength of the case cannot be decided on the basis of the facts that you have disclosed. All these arguments that your aunt never resided in the family even for seven days have to be proved in the Court. The court shall still have to examine your aunt's allegations regarding dowry etc. The legal procedure will take its own course and matter would be decided on the basis of evidence produced by both the parties. 1. If the property was personally owned by your Grand Father, he has the right to execute the WILL in the manner he likes and your aunt cannot claim her share as a matter of right. It is not clear from the facts, how the property was distributed when your grand father cancelled the previous WILL and executed a fresh WILL. If you mean that the distribution by WILL, then the distribution has no meaning and succession of the property has to be as per WILL (I.e. the last WILL). 2. In order to give legal sanction to the WILL, you may file a petition for obtaining probate of the WILL in the Court and if the WILL is proved, the property will be distributed according to the WILL. If the WILL is disproved, then your uncle (who is missing) will have the right in the property and the minor daughter can claim the share of her father.</span><br /><br /><span style="font-family:courier new;">Q11. What are the legal duties & responsibilities of an unmarried financially independent daughter above 21 years of age towards her parents?</span><br /><br /><span style="font-family:courier new;">A. Section 20 of the Hindu Adoption & Maintenance Act, 1956 provides for maintenance of the children and aged parents. Under the provisions of the said section, Hindu is bound, during his or her life time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. However, a child may claim maintenance from his or her father or mother so long as the child is minor, i.e. a person who has not completed 18 years of age. When a Hindu male dies intestate his property devolves around his legal heirs. Section 10 of the Hindu Succession Act, 1956 gives in detail the list of Class I heirs who are go be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 of this Section provides for a share each for the surviving sons and daughters and the mother of the deceased. In your case though it is not clear whether the deceased has a surviving widow and mother but in case there are only two surviving daughters and a son each one will get a share each i.e. 1/3 of the undivided share in the property. In case one of the sisters of your friend is willing to relinquish her share in favour of the other sister, she can do so by executing a relinquishment deed in her favour. However, in case your friends father has left a residential house, which is occupied by your friend and other members of the family, then under Section 23 of the Hindu Succession Act, 1956, his sisters can not claim partition of the said House till the son (i.e. your friend) chooses to divide the respective shares in the said house. </span><br /><br /><span style="font-family:courier new;">--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------</span><br /><br /><span style="font-family:courier new;">9 - Q1. Whether a show cause notice by the government is necessary for compulsory purchase under Section 269 of the Income-tax Act, 1961.</span><br /><br /><span style="font-family:courier new;">A. Yes, a show cause notice is compulsory in the case of a compulsory purchase by the government. The law requires to in our opportunity to be given to the concerned parties particularly the intending purchaser and the intending seller. Thus under Section 269 you would be intending purchaser and intending seller must be given the show cause notice against order for compulsory purchase .</span><br /><br /><span style="font-family:courier new;">Q2. In my Income Tax Return I claimed expenditure incurred of repairs and renovations of my business premises. The department disallowed my claim. Is the order of the department justified?</span><br /><br /><span style="font-family:courier new;">A. The provision of Section 30 (a) (ii) the Income-tax Act, 1961 require that for the amount to be allowed as a deduction the same must be spend for the purposes of carrying on current repairs . If the deduction sought by you comes with the definition of current repairs you will be entitled to claim deduction otherwise the department would be justified in disallowing the same.</span><br /><br /><span style="font-family:courier new;">Q3. I am a tenant in a premises and I incurred certain expenses for renovation of the premises . In the Income Tax Return I claimed deduction for the said expenses incurred as revenue expenditure. Is such deduction permissible ?</span><br /><br /><span style="font-family:courier new;">A. Yes, you will be entitled to the benefits of Section 37 of the Income tax Act, 1961 in case you have incurred expenses on the renovation of the tenanted premises. The tenant does not acquire any capital assets in doing the same because of the building does not belong to him and as such the expenditure can not be termed of a revenue nature. The expenditure has been incurred for the purposes of facilitating the assesses business operation or otherwise and the said amount should be allowable as Revenue Expenditure under Section 37 of the Income-tax Act.</span><br /><br /><span style="font-family:courier new;">Q4. Is there any judgement holding that the provisions of Section 127 (2) of the Income-tax Act, is not ultra vires the Constitution of India?</span><br /><br /><span style="font-family:courier new;">A. Yes one the judgement in this regard is Sameer Leasing Company Limited Vs. Chairman C.B.D.T. reported in 40(1990) DLT page 37.</span><br /><br /><span style="font-family:courier new;">Q5. Can the Income tax officer retain sealed books of accounts and other documents for more than a particular period. What is the legal position in this regard?</span><br /><br /><span style="font-family:courier new;">A. Under Section 132 (8) of the Income-Tax Act, the Income tax officer has the power to retain the books of accounts and other documents seized by him for a period of 180 days. In case an extension of the said period is required an order is to be passed by Commissioner of the Income tax and if no such order is passed the Income tax officer is bound to release the books of account and other documents to the party.</span><br /><br /><span style="font-family:courier new;">Q6. In the case of acquisition of a property under Section 269 of the Income-tax Act, if the said property is occupied by tenant, What is the right of the said tenant in said property?</span><br /><br /><span style="font-family:courier new;">A. After the acquisition of the property under Section 269 of the Income-tax Act the tenant has no right to stay in the property. The tenant has no right to continue in possession and there is no safe guard provided to tenant in this regard.</span><br /><br /><span style="font-family:courier new;">Q7. Incomes as salaries to the employees in 100% subsidiary unit supported by US company in India is Taxable or not? As the unit in India is registered with STPI and enjoys 100 EOU status, please clarify on this and if taxable what will be the Tax to be the Tax to be paid ?</span><br /><br /><span style="font-family:courier new;">A. Salaries to the employees of a 100% subsidiary unit supported by a US company, even if the unit enjoys 100% status are taxable. The taxable status of the employees is determined by their residential status as determined by Section 6 of the Indian Income Tax Act. Tax on Income by the employees would be paid as per prevalent rates of the relevant assessment year, attracting all the deductions and exemptions as allowed by the Act for any salaried employee.</span><br /><br /><span style="font-family:courier new;">Q8. I have already invested Rs.6000 in the tax saving schemes. Can I invest more? If yes, how much and in which schemes?</span><br /><br /><span style="font-family:courier new;">A If your are talking of Sec 88, you can further invest in shares, debentures or units of infrastructure sector to the extend of Rs.10000/- to claim maximum rebate.</span><br /><br /><span style="font-family:courier new;">Q9. I have a house on which I took HDFC loan 6 years back. I am currently claiming only Rs.10000 as the max deductible under Section 88 (20% deduction form IT). A friend told me that it is possible to claim the full Emi payment made under a special section that exists (from the total taxable salary) (probably section 24 or something). Could you please tell me if this is true?</span><br /><br /><span style="font-family:courier new;">A. Your current claim of Rs.10,000/- is correct. Though in the current Finance Bill 2000, it is proposed to be increased to Rs.20,000/-. However you can claim deduction for interest on borrowed capital u/s 24 under Income from House Property. Any expenditure claimed u/s 24 will not qualify for purposes of Sec 88.</span><br /><br /><span style="font-family:courier new;">Q10. Does the NRI have to pay property tax if they buy property in India? Can a person fill a NRI in a income tax form if he has been out of India for six months though he is Indian citizen?</span><br /><br /><span style="font-family:courier new;">A. If an NRI buy a property in India, the house Tax levied by Municipal Authorities is payable by them. An individual is treated as a Non Resident during the previous year if he does not satisfy the basic conditions laid down in section 6(1) of the Income Tax Act i.e. :- He should not satisfy any of the following conditions:- a) He is in India in the previous year for a period of 182 days or more or b) He is in India for a period of 60 days or more during the previous year and 365 days or more during the four years immediately preceding the previous year. You haven't mentioned any thing about his stay in India in the previous year ( financial year) in number of days and in the years prior to the previous year ( financial year). we assume that he at least satisfies the condition (b) above and in this case he cannot be assessed as a Non Resident Indian.</span><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com1tag:blogger.com,1999:blog-4176940044076471421.post-82444947859600461342010-06-26T06:21:00.000-07:002010-06-26T06:27:03.020-07:002 - Dishonoured Cheque<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family:courier new;">6 - Q1. What can I do when a cheque is dishonoured for the reason of insufficient funds. What legal action I can take to get the amount cleared?</span><br /><br /><span style="font-family:courier new;">A. On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party.</span><br /><br /><span style="font-family:courier new;">Q2. I have got my cheque dishonoured few months back. It was issued by a Company. What can I do now?</span><br /><br /><span style="font-family:courier new;">A. On the dishonour of cheque by the company you can file a suit for recovery of the amount under Order XXXVII of CPC. As you have stated that cheques were dishonoured few months back and you have issued no notice to the company bringing to their knowledge the dishonour of cheques and the life of the cheque is still valid which is usually six months from the date of issue. You please present the cheque again and on receipt of the information about the dishonour of the cheque you immediately issue notice within 30 days from the receipt of the information of dishonour of cheque to the company. If the company does not pay the amount within 30 days from the receipt of the notice, you can file complaint under Section 138 of the Negotiatble Instrument Act. The said complaint is to be filed within one month on the expiry of 30 days period of notice.</span><br /><br /><span style="font-family:courier new;">Q3. Our is the software distribution co. During course of our business we had supplied software worth Rs.3 lacs. But our client dishonoured the cheque. We have filed court case on him after that he paid us Rs. 1 lac and then he has run away. We do not have any idea about his where about. Court has issued proclaimed offender notice, but we do not now how to trace him. He has closed his account and bankers are not cooperating with information like his other address. Pleas advice?</span><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">A. Let the proceedings of declaration of proclaimed Offender be completed. The accused will be declared Proclaimed Offender and can be arrested at any time. At this stage, you can not do anything else. However, simultaneously you can file Suit for Recovery with the last known address of the accused.</span><br /><br /><span style="font-family:courier new;">Q4. I have a cheque dishonoured. I have informed the person in writing, but no response, what should be done to register a case of cheating, and which place it should be filed? The place of the bank, where the cheque was dishonoured or the place where the cheque was handed?</span><br /><br /><span style="font-family:courier new;">A. When you have informed the person about the dishonour of the cheque, in case the information is given within 30 days from the dishonour of the cheque, you can file a Complaint under Section 138 of Negotiable Instrument Act within one month after the expiry of notice period of 30 days. The Complaint for cheating is not maintainable legally. However, in certain cases the police have been registering cases of cheating against the accused.</span><br /><br /><span style="font-family:courier new;">Q5. I have blank cheques given to me by a partnership firm. Since they owe me some money which I had given to them as a loan. Besides the cheques and the statement of accounts. I do not have anything else. Suppose one day, I suddenly get to know that they have closed the partnership firm and dissolved it, Can I deposit the cheques now and legally raise a claim on them and how?</span><br /><br /><span style="font-family:courier new;">A. You should fill the cheques and present for encashment. The Partnership Firm as well as partners are personally liable and even after dissolution also the firm and partners are liable. Once the cheques are dishonoured you have to file a suit for recovery of the said amount under the summary procedure provided in Order 37 of Code of Civil Procedure, 1908. You should also file a complaint under Section 138 of the Negotiable Instruments Act. For this you will have to first give a notice, within 30 days of the dishonouring of the cheques. Then if payment is not made within 30 days of receipt of notice a complaint has to be filed within 30 days thereafter. </span><br /><br /><span style="font-family:courier new;">-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------</span><br /><br /><span style="font-family:courier new;">7- Q1. Is Bonus right of every employee. For calculating bonus does the interest earned by Company in FDRs is also to be counted.</span><br /><br /><span style="font-family:courier new;">A. Bonus is something given in addition to what is usual or strictly due; money or anything given in addition to an employee's usual pay or salary. The payment of Bonus Act 1965 provides for payment of bonus to persons employed in a factory and in every other establishment employing twenty or more persons. In calculating bonus, interest earned by a company on fixed deposits is to be excluded.</span><br /><br /><span style="font-family:courier new;">Q2. I am a Research Scientist working in University of Delhi. I have been working on various projects for a period of five years. Do I have a right to be regularized?</span><br /><br /><span style="font-family:courier new;">A. Being a Research Scientist though you don't have a right to be regularized but your association with the University should be given due consideration at the time of the appointment .You stand a better chance than any other candidate.</span><br /><br /><span style="font-family:courier new;">Q3. I am a Lecturer in a College, Delhi. A person has been appointed as a Lecturer of History in my college. The person who has been appointed as not even studied History as a specialized subject in his graduation. Can his appointment be challenged ?</span><br /><br /><span style="font-family:courier new;">A. Yes, you can challenge the appointment on the ground of lack of proper qualification by filing a Petition in this regard.</span><br /><br /><span style="font-family:courier new;">Q4. I am in Government Servant working in Ministry of Defence. A Departmental Enquiry was ordered against me. I was not convicted by the report of the enquiry. My senior had again ordered enquiry into the same charges. Can he do so?</span><br /><br /><span style="font-family:courier new;">A. Your senior has no power whatsoever to order another enquiry on the basis of the same facts and materials against you. But in case some new facts and materials come into light such enquiry can be ordered.</span><br /><br /><span style="font-family:courier new;">Q5. I had been working in Pvt. Ltd. Company for 2 and half years as a permanent employee. As per the company rules I was eligible for medical and LTC benefits. When I leave the job they suppose to give me the whole Medical and LTC benefits plus 15 days salary. I had served one month notice also. They promised me to pay after some time since the financial condition of the company was not good at that time. After repeated telephonic reminder and subsequent letters they kept quiet. It is almost 2 years since then, and I came to know that this company continue to do such things with other employees also. What I can do now? Can I still get money back?</span><br /><br /><span style="font-family:courier new;">A. Yes, you can claim all the benefits, which the company has not paid you after your resignation. You can file a civil suit against the company and claim those dues. In case you are a "workman" within the definition of Industrial Disputes Act, you can file a petition under Section 33 (c) (ii) of the said Act and claim your benefits.</span><br /><br /><span style="font-family:courier new;">Q6. I am working with a government enterprises company since last 7 years on a contract basis. They renewing my contract on every year. Relation are good with my employer, but if they are not continuing my job in any case what I will do. Is there any chance to see them?</span><br /><br /><span style="font-family:courier new;">A. From your query it is not clear in which category of employment are you working, Whether you are in the "Workman" category or you are in the "Management" Cadre and whether you are employed on contract basis or otherwise. In case you are in the Management category, then the Company has every right to enter into an agreement with you on a contractual basis and continue your job till the time they want. In case you are working in the office staff then in case the company does not renew your contract then you can approach the Labour Court under the provisions of Industrial Disputes Act and seek appropriate remedy. You can ask for regularization under the Industrial Disputes Act if you are a workman as defined under the said Act.</span><br /><br /><span style="font-family:courier new;">Q7. Can any employer send his employee on forced leave for not to initiate disciplinary proceeding but to legally punish him?</span><br /><br /><span style="font-family:courier new;">A. The employer can not send an employee on forced leave without initiating any disciplinary proceedings against an employee. Only after necessary show cause or charge sheet has been issued and after holding disciplinary inquiry or proceedings, the employer can legally punish you. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act.</span><br /><br /><span style="font-family:courier new;">Q8. What does an employees do if his employer does not make his full and final settlement of Account, once the employee leave or is forced to leave the service in the private sector. How soon and with what documents the employees should fight the case?</span><br /><br /><span style="font-family:courier new;">A. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act</span><br /><br /><span style="font-family:courier new;">Q9. How to get my passport back from my previous employer?</span><br /><br /><span style="font-family:courier new;">A. It is not clear from your question, in what capacity the previous employer is holding the passport. However, it is advisable to send a letter in writing to the previous employer for return of passport. If he still does not return the same, you can lodge a criminal complaint with local police station.</span><br /><br /><span style="font-family:courier new;">Q10. What are my rights if a contract has no mention of salary breakups and the employers PF is included as part of the Gross Salary?</span><br /><br /><span style="font-family:courier new;">A. There is nothing illegal if there is no mention of salary breakup and employers PF included as part of the Gross Salary. The PF can be deducted as a Contribution of employee from the Gross Salary. In addition the employer has to contribute his share of PF subject to maximum privilege prescribed in Section 6 of Act.</span><br /><br /><span style="font-family:courier new;">Q11. My company is not relieving me. I have got a job elsewhere and want to quit the notice period of one month expired one week ago. What can/should I do?</span><br /><br /><span style="font-family:courier new;">A. If one month notice period has expired as prescribed in the contract of employment, intimate to your employer in writing that as notice period has already expired you will stop coming to their office from ______ (specific date) and also write about settling your accounts.</span><br /><br /><span style="font-family:courier new;">Q12. Kindly give the citation of the latest ruling given by Supreme Court wherein promotion has been declared as the fundamental right. The Article was published in the newspaper but no reference to the citation is available.</span><br /><br /><span style="font-family:courier new;">A. The citation and the ratio of the case you have asked for is given hereunder : Ajit Singh II v. State of Punjab, (1999) 7SCC 209 : 1999 SCC (L&S) 1239 "The word "employment " being wider, there is no dispute that it takes within its fold, the aspect of promotions to posts above the stage of initial level of recruitment. Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be "considered" for promotion. Equal opportunity here means the right to be "considered " for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be "considered" for promotion , which is his personal right." (para 22) "It is not possible to accept the view expressed in Ashok Kumar Gupta ,(1997) 5 SCC 201 and followed in Jagdish Lal, (1997) 6 SCC 538 and other cases, if it is intended to lay down that the right guaranteed to employees for being "considered" for promotion according to relevant rules or recruitment by promotion (i.e. whether on the basis of seniority or merit) is only a statutory right and not a fundamental right." (Para27)</span><br /><br /><span style="font-family:courier new;">Q13. Today if I get a job and leave then they will crib about it and would refuse to pay my severeance benefits, which to me is nothing unreasonable but the cost of closing down the office and leaving people to look out for a job and unsetting. In the current circumstances, badly hit as I am, how can I safeguard my interests and make sure that I do not loose my benefits if I have to leave early.</span><br /><br /><span style="font-family:courier new;">A. You have not disclosed about your term and condition of Employment. Anyhow if the company terminates your services and they have to pay the severeance benefit as the contract. If as per the terms and conditions of your contract or service if no severeance amount or benefit is payable on resignation then you can demand the same from the company if you resign from the service. However if the company has paid the severeance benefits to other employees who have resigned then in that case if you file a case in the court of law on the ground that other person or employees have been paid the severeance benefit after they have resigned and you are accordingly entitled then you must get this severeance benefit. It is advised that persons who have resigned and have been paid severeance benefits you can collect the documents from them to show that severeance benefits were paid to the employees who have resigned from the company .</span><br /><br /><span style="font-family:courier new;">Q14. I wish to know the consequences of breach of employment bond given by an employees: On the employee himself, On the company that employs him subsequently. If the bond states that the employees can be used for criminal breach of trust on breach of the bond, how enforceable is this clause?</span><br /><br /><span style="font-family:courier new;">A. As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.</span><br /><br /><span style="font-family:courier new;">Q15. A Writ Petition was duly filed and was admitted by Honorable High Court in Oct. 1994 against wrong and illegal dismissal orders of State Bank of India and for my reinstatement too. But nothing has been done so far inspite of my various request and reminders. In this regards, what immediate step I should take to get maintenance allowances or nurse my family smoothly as well as to meet highly legal expenses till disposal of the said writ?</span><br /><br /><span style="font-family:courier new;">A. When a writ petition is filed against the illegal dismissal on termination of service legally it is not possible by any court to grant any maintenance allowance or legal expenses till disposal of the writ petition. There is no precedent in this regard nor any court pays the maintenance allowance. The only remedy available to you is to file an application for early hearing and get the matter decided as early as possible.</span><br /><br /><span style="font-family:courier new;">Q16. A civil appeal against recovery orders in lying pending in Honorable High Court. At present, neither there is any movable/immovable property in my name nor I am in position to pay the amount of recovery as ordered by Single Judge Bench or likely to be ordered in futures. Under these circumstances, what maximum severe action can be taken by this Court, in case, my appeal is not decided in my favour onwards? What are the point & steps/measures in defense in that position?</span><br /><br /><span style="font-family:courier new;">A. You have not disclosed in your query as to what order has been passed by the Appellate Court. Whether any stay has been granted by the Appellate Court or not. If any stay has been granted then what conditions. Normally when any appeal is admitted or put for hearing the Appellate Court always passes an order for payment of decretal amount with a condition that the decree holder can withdraw the amount on furnishing some security. If any order has been passed in this regard by the Appellate Court then you have to deposit the amount. If you don't deposit the amount then normally the appeal is dismissed. If the decree passed is totally illegal then in that case you can tell the court that no amount is payable. And you also pray to the court that you are in very bad financial condition otherwise your appeal will be dismissed. </span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-1075054773474441772010-06-26T06:19:00.000-07:002010-06-26T06:28:44.727-07:003 - Criminal Liability Cannot Be Imposed On Legal Heir<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family:courier new;"> 5 - Criminal liability cannot be imposed on Legal heir</span><br /><br /><span style="font-family:courier new;">Question My father had taken a loan from a financer and had issued post-dated cheques towards its payment. Due to paucity of sufficient balance in the bank account, the cheque was dishonoured. The financer issued a notice to my father claiming the amount of the cheque but my father expired in an accident and as such the notice was returned with the death report of my father. Now the financer has filed a complaint against me under Section 138 of the Negotiable Instruments Act, as I am the legal representative of my father. Please guide me whether in such circumstances can I be held legally liable? What remedy is available to avoid unnecessary harassment?</span><br /><br /><span style="font-family:courier new;">ANSWER </span><br /><br /><span style="font-family:courier new;">It is well settled that criminal liability cannot be fastened to the heirs and the legal representatives of a person, who is said to have been guilty of the offence in question. Moreover, it is specifically provided in Section 118 of the Negotiable Instrument Act that proceedings under the complaint alleging offence under Section 138 of the said Act cannot be filed against legal representatives of the person who had is sued the cheque. The complaint filed by the financer against you is nothing but abuse of the process of court. You may approach the High Court for quashing of the said complaint by filling a petition under Section 482 of the Code of Criminal Procedure by referring to a recent judgment of the Bombay High Court in the case of Savita H. Sorle and others Vs. Rajesh Damidar Sarode and another reported as 2006(3) R.C.R. (Crl) 216.</span><br /><br /><span style="font-family:courier new;">Q1. I have filed a civil case against someone relating to a matter. Can I also file a criminal case against the same men for what he had done?</span><br /><br /><span style="font-family:courier new;">A. Mere pendency of a civil proceeding concerning the matter involved is no bar to initiation of criminal proceeding provided the action complained amounts to a criminal offence.</span><br /><br /><span style="font-family:courier new;">Q2. My friend a twenty-year-old boy is in love with a 15-year-old girl. He wants to have sex with her. Can he land up in some legal problem if he does so?</span><br /><br /><span style="font-family:courier new;">A. In India having intercourse with a Female of less than 16 years of age is an offence. Your friend can land up in problem if he does so a criminal case can be filed against him if it comes to light.</span><br /><br /><span style="font-family:courier new;">Q3. We are students of 1st year of college. We got involved in a street brawl with another group. One of the members of the other group got his tooth broken in the brawl. They are threatening legal action. Can they do so? If so of what nature?</span><br /><br /><span style="font-family:courier new;">A. Section 320 of the Indian Penal Code defines Grievous hurt. Grievous hurt includes fracture or dislocation of bone or tooth. In your case it seems that tooth of one of the person was broken, the punishment for such a small looking thing is much grave. Section 325 provides for the punishment for voluntarily causing Grievous hurt which is imprisonment upto the maximum of seven years along with the fine.</span><br /><br /><span style="font-family:courier new;">Q4. I am a businessman dealing in supply of grocery items. Recently one of my clients during the transactions gave a 500 Rupee note, which later turned out to be fake. What should I do?</span><br /><br /><span style="font-family:courier new;">A. You should immediately contact the Local Police Station and lodge complaint against the person from whom you have received the note. This is important for you to prove your bonafide.</span><br /><br /><span style="font-family:courier new;">Q5. Can entrustment of goods in case of hypothecated goods attract criminal breach of trust in situation where these goods are mis-appropriated?</span><br /><br /><span style="font-family:courier new;">A. The entrustment shall not be taken as technically actual transfer of the property. Even if the owner is in possession of the property, he is holding the property as a trustee on behalf of the person from whom money is taken. The Supreme Court has rightly held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted, but in your case the property now belongs to the person from whom the money is taken and you are retaining the property on behalf of that person. In your case if you sell the property you are liable for criminal breach of trust. Now suppose if you have handed over the property to the person from whom you have taken the money and if that person has returned you the property as a trustee in that case you are liable for criminal breach of trust. For more specific answer we need the terms of hypothecation agreement. Please refer (1971) 1 SCJ 132 and AIR 1951 Punjab 103.</span><br /><br /><span style="font-family:courier new;">Q6. For past few months my telephone bills are highly inflated. I feel somebody is misusing my line. Can I file an FIR?</span><br /><br /><span style="font-family:courier new;">A. Any citizen can file an FIR of theft of the above said telephone wire whether it belongs to you or belongs to any other person. The said FIR will be lodged under Section 379 of Indian Penal Code.</span><br /><br /><span style="font-family:courier new;">Q7. My friend was arrested without warrant. Can police do so under law? Kindly enlighten me on situations where this can be done?</span><br /><br /><span style="font-family:courier new;">A. There are various situations in which a person can be arrested without warrant. The Code of Criminal Procedure 1973 provides for some of these situations. Under Section 41 of the said Act prescribes for many such situations which are discussed hereunder: i) a person who is concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists of his having been so concerned. ii) if a person is found in possession of any implement of house braking without lawful excuse . iii) if a person is proclaimed offender . iv) if a person is found in possession of a property suspected to be stolen and there is reasonable suspicion of his committing the offence v) if a person obstructs a police officers in execution of his duty or has escaped or attempts to escape from lawful custody. vi) if a person is reasonably suspected of being a deserter from any Armed forces of the Union. vii) a person against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists of having been concerned in any act committed outside India which would have been a punishable offence in committed in India and for which he is under any law relating to any extradition, or otherwise, liable to be apprehended or detained in custody in India. viii) a person who, being a released convict, commits a breach of any rule made under sub-section (5) of Section 365. xi) a person for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. Under Section 42 0f the said Act any person can be arrested who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. But when the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, or appear before a Magistrate is so required. Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India. But if the true name and residence of such person could not be ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. Under Section 43 of the said Act a person can also be arrested by a private person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. If the police officer has a reason to believe that such person comes under the provisions of Section 41, a police officer shall re-arrest him. If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of Section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. Under Section 44 of the said Act when any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest of order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. Any Magistrate, whether Executive or Judicial, may order arrest of a person in circumstances to issue a warrant. But in all these cases the person arrested has to be produced before the Magistrate or the officer in charge of the police station without unnecessary delay as per Section 56 of the said Act. Also a person cannot be detained in custody for more than 24 hours without the permission of the Magistrate as per Section 57 of this said Act. Police in all such cases has to report to the District Magistrate or the Sub-Divisional Magistrate about the arrest and also the status of bail as per Section 58 of this said Act. A person can also be arrested without warrant as per certain local laws as applicable from place to place. For example in Delhi as per the Delhi Police Act 1978, a person can be arrested without warrant if an offence u/s 11 of Prevention of Cruelty to Animals Act, 1960, is committed in presence of the Police Officer. Thus it also depends on the area of your residence or on the place where the alleged act in contravention of law is committed and the local law applicable there.</span><br /><br /><span style="font-family:courier new;">Q8. Does selling of hypothecated property amounts of offence under Criminal Breach of Trust? If no why?</span><br /><br /><span style="font-family:courier new;">A. Yes. It is an offense u/s 406 of Indian Penal Code because the language of the Section categorically provides that if a person with dishonest intention violates the legal contract which prescribes the mode in which the TRUST is to be discharged then it amounts to Criminal Breach of Trust.</span><br /><br /><span style="font-family:courier new;">Q9. One of friend is charged under Section 406 407 & 409 and in the charge sheet it is only written as he is the son of vehicle owner I want to know how is the section related to the statement and one more thing he has already applied for discharge from this case but the advocate says it is still in process this is going since six months. Please give your view and suggestion?</span><br /><br /><span style="font-family:courier new;">A. The provisions of Sections 406, 407 and 409 Indian Penal Code relate to the offence of a carrier / vehicle or an agent committing a Criminal Breach of Trust. In the event of any property having been entrusted to a carrier / vehicle or an agent and the same having been misappropriated or converted to its own use, the person concerned is liable for punishment under the said provisions. If there is no allegation in the FIR or the Charge sheet against your friend of having been entrusted with any property and if he is being accused only on account of his being the son of the Vehicle owner, your friend is liable to be discharged from the case. Keeping in view the delays in the Indian Courts, it take sometime before such a decision can be taken and as such there is no need to be alarmed in the matter.</span><br /><br /><span style="font-family:courier new;">Q10. In case of hypothecation of property, the goods remain in possession of the owner and for the money lent, an interest is created in that property of the person lending the money. Now, one of the main ingredients of Section 405 of the Indian Penal Code, is entrustment of property. In case of hypothecation is there any entrustment of property because for entrustment there must be transfer of property. Secondly in umpteen no. of cases the Hon'ble Supreme Court has held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is ensured. In light of above discussion, does selling of hypothecated property amounts to breach of trust?</span><br /><br /><span style="font-family:courier new;">A. The entrustment shall not be taken as technically actual transfer of the property. Even if the owner is in possession of the property, he is holding the property as a trustee on behalf of the person from whom money is taken. The Supreme Court has rightly held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted, but in your case the property now belongs to the person from whom the money is taken and you are retaining the property on behalf of that person. In your case if you sell the property you are liable for criminal breach of trust. Now suppose if you have handed over the property to the person from whom you have taken the money and if that person has returned you the property as a trustee in that case you are liable for criminal breach of trust. For more specific answer we need the terms of hypothecation agreement. Please refer (1971) 1 SCJ 132 and AIR 1951 Punjab 103.</span><br /><br /><span style="font-family:courier new;">Q11. What are the legal consequences against a person who has stolen telephone lines from neighbors or directly from under road line?</span><br /><br /><span style="font-family:courier new;">A. Any citizen can file an FIR of theft of the above said telephone wire whether it belongs to you or belongs to any other person. The said FIR will be lodged under Section 379 of Indian Penal Code.</span><br /><br /><span style="font-family:courier new;">Q12. My query is whether these offence be committed with respect to immovable property or not? I have precedents which say these offences can be committed with respect to only movable properties. Is there any precedent that these offences can be committed with respect to immovable property?</span><br /><br /><span style="font-family:courier new;">A. Offenses of the cheating and criminal breach of Trust can be committed in respect of immovable properties. Please read section 420, 405 and 406 of Indian Penal Code which squarely covers the offenses in respect of immovable property.</span><br /><br /><span style="font-family:courier new;">Q13. Is there any recent decision of Hon'ble Supreme Court which provide relief to the people, who are accused in criminal-civil cases more than ten years or there cases have been closed now? If so, kindly let me know in detail, giving there reference & supplying photocopies thereof at my home address?</span><br /><br /><span style="font-family:courier new;">A. In cases of offenses of minor nature Supreme Court decision in the case "Common Cause Vs Union of India & Ors" reported in AIR 1996 Supreme Court 1619 certain provisions have been made where if the cases are pending for long duration, the court has the power to close the case. Kindly specify the nature of your case or see the above state judgement. In other cases not covered under the said judgment, you can only file the mercy petition under Article 136 of Constitution as SLP for reduction of sentence.</span><br /><br /><span style="font-family:courier new;">Q14. A criminal appeal against severe punishment & heavy fine is still lying pending to decide before Additional Distt. & Session Judge Mandi (H.P.) since September 1994, inspite of my various requests and many dates fixed so for? What steps I should take to get justice at an early date?</span><br /><br /><span style="font-family:courier new;">A. You can file the petition under Art. 227 of Constitution of India before the Hon'ble High Court for direction to Session judge for early disposal of the case.</span><br /><br /><span style="font-family:courier new;">Q15. What can I do if a police officer at the police station refuses to register my FIR?</span><br /><br /><span style="font-family:courier new;">A. Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.</span><br /><br /><span style="font-family:courier new;">Q16. What is the punishment for a man who tortures a woman mentally, physically or verbally?</span><br /><br /><span style="font-family:courier new;">A. It is an offence punishable under section 498A of the Indian Penal Code, 1860, which is imprisonment for a term which may extend to three years and shall also be liable to fine.</span><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;"> </span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-41206309912247650732010-06-26T06:17:00.000-07:002010-06-26T06:19:19.752-07:004- Consumer Protection<span style="color: rgb(51, 255, 255); font-weight: bold;font-size:180%;" ><span style="font-family:courier new;">4- Consumer Protection -Q1. I have instituted a complaint before the Consumer Court against a Medical Practitioner. My complaint has been challenge on the ground that a Medical Practitioner cannot be sued under the Consumer Act. What does law provide?</span><br /><br /><span style="font-family:courier new;">A. Yes, a medical practitioner can be sued under the Consumer Protection Act 1986 for his or her professional negligence resulting in damage to patient. Section 2 (d) in defining a consumer in Clause (ii) uses the expression 'hires and avails of". The word "hire" means employ of wages or fees". Secondly the words "any service" in s. 2 (d) (ii) in Consumer Protection Act. A eloquent to bring the delinquent medical practitioners within the ambit of Consumer Protection Act. Thirdly, s. 2 (o), Consumer Protection Act which defines service exempts only two types of services, one "service free of charge" and another "contract of personal service" postulates a relationship of master and servant. A medical man whose service is requisitioned for a patient answers the clause " contract of service" but never "a contract of personal service". So, a negligent medical professional can be proceeded under the Consumer Protection Act 1986.</span><br /><br /><span style="font-family:courier new;">Q2. I had purchased seeds from a party. The seeds did not germinate. The other party took the plea that I was not a consumer. Whether purchase of seeds for the purpose of agriculture is purchase for commercial purpose?</span><br /><br /><span style="font-family:courier new;">A. Purchase made for agriculture is not for commercial purpose. Therefore, the complainant is a consumer and entitled to seek redressal of his grievance in a Consumer Court against the party which supplied defective seed to him.</span><br /><br /><span style="font-family:courier new;">Q3. I had got a confirmed ticket on Sahara Airways. The flight was later cancelled on account of technical snag. Is it a deficiency in service?</span><br /><br /><span style="font-family:courier new;">A. Cancellation of flight on account of technical snag is not deficiency in service as it is due to unavoidable circumstances. However, you ought to be allowed refund of the fare but no compensation can be granted on account of any loss suffered by you (if any) because of the said cancellation.</span><br /><br /><span style="font-family:courier new;">Q4. I was allotted a Maruti Car. There was a delay in delivery of the car. Subsequently, the dealer called upon me to make further payment as the price of the car had gone up. Am I liable to bear the price increase on account of delay caused by the dealer?</span><br /><br /><span style="font-family:courier new;">A. You are not liable to pay any price increase in the above mentioned circumstances since the increase in price is totally on account of the delay on the part of the dealer for which a consumer cannot be made to suffer.</span><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">Q5. Does rejection of application for grant of loan by a Bank constitute deficiency in service for which I can approach the Consumer Court?</span><br /><br /><span style="font-family:courier new;">A. The Bank has a wide discretion in the matter of granting loans and advances and continuing disbursement of loans sanctioned .The Consumer Courts cannot sit in judgement over the discretion exercised by the Bank and as such you will not succeed in any such action, if taken by you.</span><br /><br /><span style="font-family:courier new;">Q6. The transformer, which was supplying electricity to me, got burned and was replaced by the department after about two months. However, However I was billed with consumption charges. Am I liable to pay any such charges when there was no consumption of electricity by me?</span><br /><br /><span style="font-family:courier new;">A. When the electricity was not supplied and the electricity bills produced by you showed that there was no consumption of electricity by you and admittedly the reason for that was burning of the transformer, you are not liable to pay any minimum charges.</span><br /><br /><span style="font-family:courier new;">Q7. I had applied for electricity connection. However, power supply was not provided to me. Can I seek redressal of my grievance in Consumer Court?</span><br /><br /><span style="font-family:courier new;">A. Your grievances is that you application for electricity connection was not granted. Electricity may be a service but the hiring of the service is not complete till the Electricity Board sanctions service. Hence, you can't approach a Consumer Court for redressal of your said grievance. Your remedy is to file a civil suit in the Court of law against the Electricity Board.</span><br /><br /><span style="font-family:courier new;">Q8. Can Consumer Forums adjudicate disputes involving scale of pay?</span><br /><br /><span style="font-family:courier new;">A. No, Consumer Forums do adjudicate dispute-involving scale of pay.</span><br /><br /><span style="font-family:courier new;">Q9. I had applied for subscription in Rajlakshmi scheme of UTI. The essence of the scheme was that the sum of money deposited with the UTI would grow 21 times in 28 years. However subsequently, the UTI extended the maturity date by two years. Can I approach a Consumer Court?</span><br /><br /><span style="font-family:courier new;">A. Unilateral alteration of terms of payment by the UTI in their above scheme is "Deficiency in Service" for which you can seek relief in a consumer court.</span><br /><br /><span style="font-family:courier new;">Q10. My car met with an accident. The insurance claim was rejected on the ground that my driver was not holding valid driving license. Should I approach a Consumer Court for seeking the Insurance claim?</span><br /><br /><span style="font-family:courier new;">A. The Consumer Court will not be able to grant you any relief since the driver employed by you did not have a driving license. You were bound under law to check the ability of the person employed by you and the failure in holding a license for driving well debar you from claiming the Insurance Claims.</span><br /><br /><span style="font-family:courier new;">Q11. I had purchased a fridge, which suffered from several defects, and those defects could not be removed or repaired by the Company. Can I seek redressal of my grievance?</span><br /><br /><span style="font-family:courier new;">A. You can certainly seek redressal before the Consumer Forum. In a similar case as yours, the Forum appointed a Local Commissioner who corroborated the version of the complainant. It was held by the Forum that the fridge was found to be defective within the period of warranty. The opposite party was directed to replace the unit with a new one.</span><br /><br /><span style="font-family:courier new;">Q12. I filed a complaint before the State Commission regarding payment of policy amount in death claim, which was allowed to me by the State Commission. I wish to file another complaint claiming the Double Accident Benefit. Can I do so?</span><br /><br /><span style="font-family:courier new;">A. It is well-settled principal of law that one can not educate the same cause of action before a court of law or before another adjudicating Forum after it had already been adjudicating upon earlier. This is the basis for the relevant provisions under the Code of Civil Procedure, 1908 (CPC) which embody a sound principal of law to obviate multiplicity of litigation. Even though Consumer Forums are not governed by the CPC yet the sound principles of law and procedure embody in that CPC are followed by the Forums. Consequently, second complaint filed on the same cause of action would not be maintainable.</span><br /><br /><span style="font-family:courier new;">Q13. I had applied for allotment for a plot and paid Rs.100 as registration fees. At the time of draw my name was not included. I lodged a complaint before the Consumer Forum, wherein the Housing Board argued that I was not a "Consumer" since no allotment had taken place. What is the correct position in law?</span><br /><br /><span style="font-family:courier new;">A. Where the complainant had paid for the cost of application form as well as the registration fee, he is the potential user and the nature of transaction is covered by the expression "service of any description". As such the complaint is maintainable. The Housing Board is deemed to have undertaken to include your name in the draw of lots for allotment of a plot. However, your application has not been considered because your name was not included in the draw. The only inference that can be drawn is that the person who prepared the list was negligent in discharge of his duty. You can proceed on this ground.</span><br /><br /><span style="font-family:courier new;">Q14. My grievance is that I had registered with the M.I.G. scheme of the Haryana Housing Board and the board had escalated the price of the flats three times within a period of two years. Does my case lie within the jurisdiction of Consumer Forums?</span><br /><br /><span style="font-family:courier new;">A. It has been laid down that under Consumer Protection Act the pricing policy of flats cannot be adjudicated upon by Consumer Forums. The question of pricing of the flat by Housing Board is not a Consumer dispute. If any amount has been illegally charged from you by Housing Board , you can recover the same through a civil court.</span><br /><br /><span style="font-family:courier new;">Q15. A Complainant filed a case against our company who's grievance related to transactions dating back to years 1994-95 while the complaint was filed in the year 1999. Is the complaint within time?</span><br /><br /><span style="font-family:courier new;">A. Session 24 A of the Consumer Protection Act, 1986 provides a limitation period of two years within which the complaint is required to be filed . In the light of the above, the complaint is time barred and hence not maintainable.</span><br /><br /><span style="font-family:courier new;">Q16. My grievance is that I am not getting regular supply of water. What can I do against the concerned Government Authority before a Consumer Forum?</span><br /><br /><span style="font-family:courier new;">A. The Government supplying water is performing a statutory functions which can not termed to be rendering of service. Hence the Consumer Forums have no jurisdictions to entertain such a complaint.</span><br /><br /><span style="font-family:courier new;">Q17. My grievance is that a Hospital where I was treated declined to give me the medical records pertaining to my treatment and operation for Ulcer. Can it be termed a deficiency is service on the part of the hospital?</span><br /><br /><span style="font-family:courier new;">A. There is no negligence on the part of the hospital by reason of such failure to supply the said papers unless there was a legal duty cast on the hospital to furnish such documents to the patients, which has to be seen from their Rules and Regulations.</span><br /><br /><span style="font-family:courier new;">Q18. A registered letter sent to me was not delivered. What is the liability of an employee of the Post Office in this matter?</span><br /><br /><span style="font-family:courier new;">A. Section 6 of the Indian Post Office Act 1878 provides that the Government shall not incur any liability by reasons of the loss, mis-delivery or delay or damage to any postal article in course of transmission by post except in so far as such liability is made in express terms to be undertaken by the Government and no Officer the Post Office shall incur any liability by reason of such loss, mis-delivery , delay or damage unless he had caused the same fraudulently or by his willful act or default. In view of the said Section 6, your complaint is not maintainable unless there is allegation an of fraud or willful act of negligence of any postal employee.</span><br /><br /><span style="font-family:courier new;">Q19. A Superfast Train in which I was travelling was delayed for long hours without any reason. Can this be a ground for filing a complaint against the Railways?</span><br /><br /><span style="font-family:courier new;">A. Additional charges are taken by the Railways from the passengers travelling by a Superfast Train. If the trains are delayed for long hours and the delay has not been properly explained it amounts to deficiency in service and therefore the Railway is bound to refund the excess charges.</span><br /><br /><span style="font-family:courier new;">Q20. I am a shareholder of HLL. Despite having made all the payments, the share certificates were delivered very late. I have claimed the loss in terms of the escalation in the market price of the share. Is my claim valid?</span><br /><br /><span style="font-family:courier new;">A. Share market is a speculative market and there is bound to be fluctuation in value of shares of the company depending on market condition. Merely because the value of the share went up you are not entitled to get compensation at the increased rate, as damages are remote damages.</span><br /><br /><span style="font-family:courier new;">Q21. I had paid the telephone bill but inspite of that the telephone department disconnect my telephone without any notice. Can the department disconnect the telephone without notice to the subscriber?</span><br /><br /><span style="font-family:courier new;">A. Disconnection cannot be effected without notice to the subscriber. The Department is bound by law to give such a notice. You can seek compensation for the same alongwith restoration of the connection.</span><br /><br /><span style="font-family:courier new;">Q22. I had bought a scooter in last May, after some months it is creating problem to me. When I complained to Service center they serviced it and say the problem was removed. But last week it is creating the same problem again. When I complained them they return me the Scooter next day and they say again that the problem was removed. But today it is creating the same problem to me. Can I go to file a case in consumer forum.</span><br /><br /><span style="font-family:courier new;">A. You can definitely file a case before the Consumer Forum but the ideal remedy at this stage would be to complain to the company i.e. Bajaj Scooters Ltd. against the service center and wait for their response. In case nothing is done even after this, then it will be prudent to file a case in the Consumer Forum.</span><br /><br /><span style="font-family:courier new;">Q23. We have been buying Parag milk packet 500 ml from a retailer. The packet though gives only 400ml. What action can we take against the company.</span><br /><br /><span style="font-family:courier new;">A. There is clear case of cheating and you can file a criminal complaint under Section 421 of the Indian Penal Court. Besides filing a Criminal complaint, you can also approach a Consumer Court for this purpose. You must collect adequate evidence before doing the same, i.e.; retain a sealed packet of Parag Milk which indicates the quantity of 500ml but actually weighs 400ml.</span><br /><br /><span style="font-family:courier new;">Q24. I had deposited a booking amount with Pal-Peugeot, letter the same was cancelled but no refund has come so far, for the last two years. The matter was referred to Delhi Consumer forum who referred to than (Maharashtra) consumer forum. Documents were sent to them but of no avail, again it was sent by us to Delhi as the deposit was made to Premnath Motors Delhi but Delhi Consumer forum has again written to follow than.</span><br /><br /><span style="font-family:courier new;">A. You should file an appeal before the State Commission against the order of the Consumer Forum. Since the cause of action arose at Delhi, i.e.; the Distributor was located at Delhi and money also seems to have been paid at Delhi the Delhi Consumer Forum had the jurisdiction in case the distributors (who work at Delhi) have been made parties to the said petition. You should file an appeal against both the manufacturers as well as the distributors, i.e.; Prem Nath Motors against the order.</span><br /><br /><span style="font-family:courier new;">Q25. I purchased on 1.1.2000 from a shop in Panjim, Goa a bottle of Scotch Whiskey. I find that it is not original in that it tastes too sweat. It appears to be spurious. I have written letters to the MD, Goa Tourism but there is no reply. What remedy is available to me to the relief.</span><br /><br /><span style="font-family:courier new;">A. You can certainly file a complaint before the Consumer Forum against supply of Spurious Whisky supplied to you as well as also lodge a Criminal Complaint in this regard. However, the difficulty (which is a major one) is that since the bottle of Whisky has been open, it will be virtually impossible to prove that the contents of the Whisky are the same as they were when the bottle was sealed. Since, the legal system is totally based on evidence / proof, it would not be a worthwhile exercise to institute any legal proceedings in the facts and circumstances of the present case.</span><br /><br /><span style="font-family:courier new;">Q26. I understand that under the Consumer Protection Act, a complain has to be made within 2 years from the date on which the cause of action arose. What happens in a case where the 2 year period has elapsed because the I spent the time writing(and replying to) to the manufacturer in the hope that he would replace the good? What argument can I give to the Forum in response to the plea of 2 years which I know will be taken by the manufacturer?</span><br /><br /><span style="font-family:courier new;">A. It is correct that the Consumer Protection Act, provides for a limitation period of two years for filing a complaint and the said period starts from the date when the cause of action arose. The same is provided under Section 24-A of the Consumer Protection Act, 1986. However, the Consumer Forum has the power to entertain a complaint even after the said period in case it is convinced that the complaint could not be filed within the said period on account of certain sufficient cause. Thus you would have to give a good explanation in order to have the delay condoned from the Consumer Forum. In case the only ground pleaded by you is that you were corresponding with the Manufacturer and hoping to get the goods replaced, the same would not be construed as sufficient reasons for condoning the delay.</span><br /><br /><span style="font-family:courier new;">Q27. Can I claim for replacement. If they do not replace the vehicle can I move to consumer forum. Who should I make a party i.e. the dealer, or the LML company or both of them. The dealer is in Karol Bagh the company office in Greater Kailash and factory's regd. office in Kanpur in which Jurisdiction/Zone should I file the complaint. Or any other detail which you feel Justified to provide me.</span><br /><br /><span style="font-family:courier new;">A. You should again inform the Company about all the facts and steps taken by them for removing the defect in writing and further pursue the matter with the Company and try to get the defect rectified. In case your efforts fail you can file the complaint with Consumer Forum at Delhi by making both the Company and the Dealer as parties to the complaint. Replacement is allowed by Forum if the defect is such that it is not possible to rectify the same. Give the Delhi address of the company and file the complaint at Delhi.</span><br /><br /><span style="font-family:courier new;">Q28. I injured my knee in a game of football on 31st December 1997. It was diagnosed as ACL TEAR. For that I was operated upon in the knee on 2nd March 1998. After the operation my knee developed stiffness, which is unusual in such cases even after undergoing physiotherapy for two months I was unable to bend or straighten my knee. So after two months of operation my knee was manipulated under anesthesia to relieve stiffness. A plaster was put on the knee for one month. I was told to start walking . I used to walk with a limp. For about 8 months I continued to walk with a limp but then my condition deteriorated & in March-99 I had to start using crutches to move around. To find out the cause of this pain I underwent investigative arthoscopy in June-99 which revealed the following 1. ACL Laxity 2. meniscus tear 3. patellofemoral osteoarthritis . I was advised by the doctor to do physiotherapy, and take painkillers for the pain, I am still doing physiotherapy, but neither the pain has reduced nor am I able to walk without crutches, this whole experience has affected my life badly. Can I sue the doctors for negligence / inefficiency. My both operations were carried out in military hospitals, and they were done free of cost since I am serving in army. So I can not go to Consumer protection court. Please advise?.</span><br /><br /><span style="font-family:courier new;">A. You can file a writ petition in the High Court of judicature against the hospital, making doctors responsible for your condition a party. You can also seek damages alongwith the appropriate action against the doctors and the management in the writ petition .</span><br /><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-10186374659037305002010-06-26T06:15:00.000-07:002010-06-26T06:29:58.192-07:005 - CONTRACT DISPUTES<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family:courier new;">CONTRACT DISPUTES - Q1. I run a public carrier company in our business on some occasions the goods given to us are lost. We also execute Agreements with our customers providing that we will not be liable for loss of damage. If our customer files a case against us for loss of goods, what is our liability?</span><br /><br /><span style="font-family:courier new;">A. A common carrier in India is not merely a bailee as we understand and his liability against the loss or damage is more than what Sections 151, 152 and 161 of the Indian Contract Act 1872 provide. He is an insurer of the goods so to speak and in the absence of a special contract under Section 6 his liability is absolute. By entering into a special contract under Section 6 of the Act, the common carriers' liability may either be governed by the Indian Contract Act 1872 or by the English Common Law.</span><br /><br /><span style="font-family:courier new;">Q2. I had dispatch certain articles on a passport company which were to be delivered to one of the customers who had paid the amount for the same. The Transport Company lost goods and it never reached our customers. After receiving amount from customer can I as owner sue the Transport Company? Can our customer also file a case and on what basis?</span><br /><br /><span style="font-family:courier new;">A. The consignor is entitled to sue for the carrier either on the basis of title, if the property in the goods has got passed from him or on the basis of the privity of contract between himself and the carrier for the carriage of goods. If the true owner of the goods has failed to bring an action against the carrier for the loss of or damages to the goods, the consignee is not without remedy. Courts have power to circumnavigate technical hurdles to prevent miscarriage of justice. The consignor, though without title, had privity of contract with the carrier for carriage of goods and so is allowed to sue on it.</span><br /><br /><span style="font-family:courier new;">Q3. We run a transport company and in our bills it is printed that we shall not be liable for any loss or damage to the articles during transit. If somebody still sue us for such a lost what is our liability?</span><br /><br /><span style="font-family:courier new;">A. Condition printed on the consignment note to the effect that the carrier company would stand discharged from all liability for any loss or damage, does not result in absolving the carrier company of the liability in absence of special contract signed by owner of goods.</span><br /><br /><span style="font-family:courier new;">Q4. I sent certain coolers through a transporters who seems to have sold them and did not make delivery as we desired. What is my remedy against such a transporters and what do I have to prove in such a case?</span><br /><br /><span style="font-family:courier new;">A. If a suit is brought against a common carrier for loss, damage or non-delivery of the goods entrusted to it, it is not for the plaintiff to prove that the loss, damage or non-delivery was due to the negligence of the carrier, his servants or agents. Negligence is presumed from loss of or injury to goods.</span><br /><br /><span style="font-family:courier new;">Q5. I want to file a case against a party, which signed a contract with me for not following the terms of that contract. The contract was signed in Bombay but I made the offer in Delhi. Can I file the case in Delhi?</span><br /><br /><span style="font-family:courier new;">A. Suit on breach of contract may be filed at the place where it was made or at the place where it should have been performed and the breach occurred. Mere making an offer does not constitute cause of action in a suit for damages for breach of contract. But when it was accepted, suit may be filed at the place of acceptance.</span><br /><br /><span style="font-family:courier new;">Q6. Can two parties orally agreed that a particular court will only the able to here any case a filed by one of them?</span><br /><br /><span style="font-family:courier new;">A. Parties to a contract can orally select a court for the purpose of jurisdiction when more than one courts have concurrent jurisdiction. Such a contract neither is opposed to public policy nor barred by Section 20 of Indian Contract Act.</span><br /><br /><span style="font-family:courier new;">Q7. I had made an offer to the other party. The other party accepted my offer. However, before the acceptance, which was sent by post, could reached me, I sent a letter to the other party revoking the said offer. The other party challenged my revocation of the offer, saying that the contract was completed. What is the correct legal position?</span><br /><br /><span style="font-family:courier new;">A. As soon as the acceptance is posted, the acceptance is completed and contract stand concluded in terms of section 4 of the Indian Contact Act.</span><br /><br /><span style="font-family:courier new;">Q8. The government issued a tender notice. In response, I made an offer to the same. Later, before communication of the offer, I desired to withdraw my offer. The government rejected the same, on the ground that the tender notice contain a clause to the contrary. Am I not entitled to withdraw or modify my offer?</span><br /><br /><span style="font-family:courier new;">A. You can withdraw or modify your offer before its communication. Merely because the government has put a clause to the contrary in a tender notice, your right to offer cannot be taken away.</span><br /><br /><span style="font-family:courier new;">Q9. I entered into an agreement with a company. All the proposals made by me were accepted though a formal contract is not yet concluded. Now the other party wants to change certain terms. Can they do so?</span><br /><br /><span style="font-family:courier new;">A. No the other party cannot change the term of the contract as the proposals made by you had been accepted. As such, the contract is completed even though the formal agreement has not been concluded. Any unilateral change in the agreement without your prior consent, amounts to breach of the terms of contract.</span><br /><br /><span style="font-family:courier new;">Q10. We have contracted with a foreign company to make computers. After the formal contract was executed we came to know about their previous offer to the other Company. Can the company be now sued for fraud because of concealment of information?</span><br /><br /><span style="font-family:courier new;">A. You cannot sue the Company as no fraud has been committed by the Company on account of non-disclosure of information relating to previous offer or any past transaction. The Company is not obliged to disclose such information relating to previous offer to any other company.</span><br /><br /><span style="font-family:courier new;">Q11. I want to enter into an agreement with a Firm whereby that Firm will not bid for a public auction of the govt. Am I legally permissible to do so?</span><br /><br /><span style="font-family:courier new;">A. Section 27 of the contract Act, provides that any agreement in restrain of trade is void. In view of this provision, you cannot legally enter into an agreement with a Firm whereby that Firm will not bid for a public auction of the Govt.</span><br /><br /><span style="font-family:courier new;">Q12. I entered into an agreement to buy a Flat. The seller did not give the possession of the Flat after the contract was concluded and earnest money paid. Am I now entitled to the money paid by me to the seller?</span><br /><br /><span style="font-family:courier new;">A. You are entitle to the refund of money paid by you to the seller on account of his failure to perform his part of the contract. In case the seller fails to refund the said amount, you can file a suit for damages cause by breach of contract by the seller. You can also file a suit for specific performance of the contract, if you want to take the flat.</span><br /><br /><span style="font-family:courier new;">Q13. My boy friend promised to marry me but he resiled from it. Is it breach of contract?</span><br /><br /><span style="font-family:courier new;">A. When there was promise to marry but the man resiled from it, it is a breach of promise and this breach is actionable. You are entitled to award of damages.</span><br /><br /><span style="font-family:courier new;">Q14. I am a Banker working with the Bank I want to know what reasonable care should be taken by a Banker while accepting a Customer. Is there any law relating to the same effect ?</span><br /><br /><span style="font-family:courier new;">A. As a general rule a banker before accepting a customer, must take reasonable care to satisfy himself that the person in question is of good reputation; and if he fails to do so he will run the risk of forfeiting the protection given by S.131 of the Negotiable Instrument Act but 'reasonable care' will depend on the facts and circumstances of the case. The courts have tended to accept the practices and procedures which bankers lay down for themselves, but that can by no means be decisive.</span><br /><br /><span style="font-family:courier new;">Q15. I had taken certain loan from my Bank and I defaulted in making payment of a couple of installments. The Bank thereafter to refuse to give me services of their Bank on that ground. Can the Bank stop operation of my current account or interfere in my day to day business transaction ?</span><br /><br /><span style="font-family:courier new;">A. Subject to Bank's right to sue for arrears the customer concerned the bank is to allow the operation of one current account, which will be free from the incidence of banker's lien so as to enable the party to carry on its normal day to day business transactions, to obtain letters of credit at full margin and to enable payment on several heads.</span><br /><br /><span style="font-family:courier new;">Q16. I instituted a divorce proceedings against my wife which is pending in the court. We had a locker, which could be operated by both of us. During the continuance of the case my wife withdrew all the contents of the locker. Is her action justified in law and what should I do ?</span><br /><br /><span style="font-family:courier new;">A. When a joint locker is operatable by both the spouses, removal of contents of locker by one spouse during the pendency of a matrimonial proceeding between the parties is improper.</span><br /><br /><span style="font-family:courier new;">Q17. My father had pledged certain Gold ornaments with the State Bank against sudden loan taken by him. My father has since died and I approach the Bank for release of the ornaments and offered them to pay the amount. The Bank is however refusing to do the same what should I do ?</span><br /><br /><span style="font-family:courier new;">A. Gold ornaments pledged with a Bank as security for loan obtained do not fall within the term "security" or "debt" and as such, bank cannot insist on a succession certificate when on the death of pledgor his successor approaches the bank for release of ornaments on payment of all dues.</span><br /><br /><span style="font-family:courier new;">Q18. What are the duties of a Bank in payment of the amount where a confirmed letter of credit is open with the Bank.</span><br /><br /><span style="font-family:courier new;">A. The opening of a confirmed letter of credit constitutes a bargain between the banker and the vendor of goods which imposes on the banker an absolute obligation to pay. Duties of a bank under a letter of credit are created by the document itself, but in any case it has the power and is subject to the limitation which are given or imposed by it, in the absence of appropriate provisions in the letter of credit. The banker owes a duty to the buyer to ensure that the documents tendered by the sellers under a credit are complied with.</span><br /><br /><span style="font-family:courier new;">Q19. I paid to a lawyer by cheque to process my papers for Canadian immigration in 1996. As of today he has not done anything, he does not reply to my registered letters, but tells me that he will repay the amount very soon, when I called him numerous times from my residence in America where I am staying for past two years. What is my remedy?</span><br /><br /><span style="font-family:courier new;">A. You can file suit for recovery and damages against the said Lawyer at Calcutta only. You can also approach the Consumer Court at Calcutta for the recovery of the amount. The limitation for recovery suit is three years from the date of payment. However, in Consumer Court, limitation is one year from the last correspondence of refusal. That apart, you can also lodge a complaint with the Bar Council of Calcutta against the said lawyer for his conduct and seek cancellation of his license.</span><br /><br /><span style="font-family:courier new;">Q20. We had got one car financed in the year 1996 for two years 1997-1988 -1999. The cost of vehicle at the time of finance was Rs.10. We paid the Margin money of Rs. 5 to ABC by Bank cheque and got the balance amount of Rs. 5 financed from the said ABC company. The monthly installment we paid was Rs. 1. According to the cheques issued and the statement of records we received from the finance company we came to know they have financed us Rs. 6 and the Margin money they have received is 4. We informed the company the margin money we have paid is Rs. 5 and not 4 but they did not listen to us and kept on sending cheques for clearance in the bank. We have never got any cheque dishonored or even never got any cheque delayed for clearance. We had been sending reminders to the finance company to refund us Rs. 1, which they have financed us in excess. But till today we have not received any reply from the finance co. Now even the case is cleared almost 9 months have passed. We have been demanding for the money and also the clearance certificate but they are not bothered at all and do not intent to send the clearance certificate. Please give us an opinion as to what should we do?</span><br /><br /><span style="font-family:courier new;">A. You should file a complaint with Consumer Forum for recovery of the amount and amount and damages for breach of contract and harassment. From the facts stated by you, if can be easily proved that the company is trying to cheat you.</span><br /><br /><span style="font-family:courier new;">Q21. The bank has towed away a vehicle on account of default of 2 installments. The concerned party has offered to pay the defaulted installment but the bankers have refused to return the vehicle and have issued a letter saying that the vehicle has already being sold & are demanding payment of the entire loan amount . Kindly advice the legal options available to the owner of the vehicle hypothecated to the bank?</span><br /><br /><span style="font-family:courier new;">A. You can file the suit for recovery of car or in the alternative for damages you have suffered. The bank has no right to sell the car without giving notice to you.</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-50142258978694684222010-06-26T06:13:00.000-07:002017-11-15T04:21:59.463-08:006 - COMPANY LAW<div dir="ltr" style="text-align: left;" trbidi="on">
<span style="color: rgb(51 , 255 , 255); font-size: 180%; font-weight: bold;"><br /><span style="font-family: "courier new";">COMPANY -</span><br /><br /><span style="font-family: "courier new";">2 - Question of the Day : If a Subsidiary Company increases its Authorised and Paidup Share Capital without Knowledge of Holding Company just to dilute the sharholding percentage. Kindly inform what are the precautions in legal terms to be taken by a Holding Company to Control the increase or decrease the Paid up as well as Authorise Share Capital in its Subsidiary Companies.</span><br /><br /><span style="font-family: "courier new";">Answer : Under the Company Law, the authorised capital of the company can be increased at the EGM of the shareholders by passing a ordinary as well as special resolution. Under the circumstances, a subsidiary company can not increase the authorised capital on its own or without the consent of Holding company. However in case of increase of paid up capital by the subsidiary company within the limit of authorised capital, the holding company can take the precaution by having control over the composition of board of directors of the subsidiary company.</span><br /><br /><span style="font-family: "courier new";"> </span><br /><br /><span style="font-family: "courier new";">Q1. Section 391 to 394 of the Companies Act, 1956 provide provide interalia for amalgamation of companies through order of the court. In understand that once the transferor company merge with the transferee company, existence of transferor company is lost by virtue of court order. In the light of above my question are :</span><br /><br /><span style="font-family: "courier new";">1. Is my understanding correct ?</span><br /><br /><span style="font-family: "courier new";">2. What is the difference between loss of existence of company by way of liquadation and winding up.</span><br /><br /><span style="font-family: "courier new";">Q2. In connection with amalgamation u/s.395 i.e. by takeover of shares by the acquiring company, my questions are as follows :</span><br /><br /><span style="font-family: "courier new";">1. This section contemplates amalgamation of companies without reference to court ; does it means that after complying with all the formalities amalgamation in real sense i.e. vesting of all the assets and liabilities of the transferor company is affected?</span><br /><br /><span style="font-family: "courier new";">2. Is existence of the transfer of company is lost by virtue of this provision. </span><br /><br /><span style="font-family: "courier new";">A. With respect to your query on Section 391 to 394 of the Companies Act, it is correct that once amalgamation take place under Section 391 to 394 of the Companies Act, the existence of transferor company is lost by virtue of court order. With respect to your query no. 2 of this very subject, the company is liquidated by winding-up procedures and accordingly it loses its existence once it is wound up. Regarding your query of amalgamation under Section 395, i.e.; by take over of shares by the acquiring company, it is submitted that this section contemplates another form of arrangement and not amalgamation and does not require any application to the court under Section 391 for carrying out the scheme. In this case also the usual mode is for the acquire company, i.e.; transferee company to make an offer to the shareholders of transfer of company to purchase their shares in the transferor company at a stated price which is usually higher or more attractive than the prevailing marketing price and to fix a time within which the offer is to be accepted with a condition usually added to the effect that if a specified percentage of the shareholders do not accept the offer the offer is to be void. The offer is to buy the Transferor Company's share either for cash or in exchange for the shares of the said company. If the offer is accepted by all the transferor company shareholders, there is no problem. If the specified percentage of the transferor company's shareholders accept the offer, the Transferee Company will then purchase their shares and would acquire the shares in the manner provided by the said Section. The merit of this scheme is that without resort to tedious court procedures take over is effected. Only in the cases where the dissenting shareholders interest, the procedure describe by the section will have to be followed. It provides machinery for adequately safeguarding the rights of the dissenting shareholders also. It may also be noted that the approval by the 9/10th in value of the shareholders need not necessarily be given at the meeting of the shareholders nor is the court direction necessary for holding the meeting nor the same is required to be held under the courts supervision. The consent of the members given in any other manner such as subscribing one's signature to the scheme will be sufficient. Section 395 applies only where there is a scheme and in there is not scheme or contract involving transfer of shares the section will not apply. Furthermore, for the section there must be a transfer company and transferee company. The Transferee Company must be a company registered under the Act. With respect to your query no.2, the existence of the transferor company will not be lost as it only an arrangement and rather than a hostile take over it is a normal take over where all the shareholders have agreed such other persons in the transferring company to buy the shares. It will depend on the scheme of the contract as to what will happen to the Transferor Company.</span><br /><br /><span style="font-family: "courier new";">Q3. I have not yet registered my.com company with the registrar of companies. Please tell me as to how should I pay the taxes concerned on the revenues earned through it.</span><br /><br /><span style="font-family: "courier new";">A. If you have not got the company registered with the Registrar of Companies then you would be taxed as association of persons or if you are the sole controller then as proprietorship.</span><br /><br /><span style="font-family: "courier new";">Q4. Can a NRI be a director of an Indian Company.</span><br /><br /><span style="font-family: "courier new";">A. Yes NRI can be a director of an Indian Company.</span><br /><br /><span style="font-family: "courier new";">Q5. I have noticed that some companies are registering themselves as export oriented company in Software Parks set up by the Government, to get the full benefit of various schemes as per the recent budget. But they carry no such activity, instead they have no such export businesses as stated by them in the legal document. This registration is taking place with customs department with full excise inspection. I request you to tell me certain foolproof methods to bring the culprit to book of law. Whom should I approach for justice.</span><br /><br /><span style="font-family: "courier new";">A. The course available for you would be to file a public interest litigation, by way of a writ petition in the High Court, giving details of the companies which are indulging in such illegal activities ( with documentary proof, if possible/available ) and highlighting the callousness and inaction on the part of the Government Department in checking such illegalities. You should make the Finance Ministry, Ministry of Industries, the Custom Authorities and Excise Authorities alongwith the companies indulging in the said illegal activities as party to the said writ petition.</span><br /><br /><span style="font-family: "courier new";">Q6. We propose to merge two companies with the other, all three being in the same line of business. The purpose of the same is present consolidated picture and to bring in synergy. We have proposed following modes of bringing this companies together. (a) By amalgamation u/s.391-395 of the Companies Act, 1956. (b) By transferring all the assets and liabilities to the surviving company and winding up the other two companies. The only problem in following first option is the time taken by the Court for completing formalities of amalgamation. With reference to second option, I have the following questions : 1. Is it possible to transfer all assets and liabilities of two companies and then take these company into Members Voluntary Winding-Up as per the provisions of sections 49 onwards of the Companies Act for dissolution of the company ? As per my view there should not be any difficulty for the same. 2. Can we rather than taking two companies into Members Voluntary Winding-up apply to Registrar of Companies u/s. 560 of the Act to strike off the name of the two companies as defunct company ? My view for the above is that conditions to Section 560 states that "company is not carrying in any business". Therefor can we say immediately after transfer of all assets and liabilities of these two companies, it ceased to carry on business and it also does not intend to carry on any business (which is fact). Can on above ground ROC proceed to strike off the name ?</span><br /><br /><span style="font-family: "courier new";">A. You propose to merge two companies with the third company in respect of which you have proposed the following two options:- 1. By amalgamation under Section 391-395 of the Companies Act. 2. By transferring all the assets and liabilities of the transferor companies to the surviving transferee company and winding up the other two companies voluntarily under Section 494 of the Companies Act. With respect to the second option of transferring the assets and liabilities of the company to another company while winding up voluntarily the transferor company, we would draw your attention to section 494 of the Companies Act, which provides that where the transferor company is proposed to be, or is in the course of being wound up voluntarily, and the whole or any part of its business or property is proposed to be transferred or sold to the transferee company, the liquidator of the transferor company, may, with the sanction of a special resolution of the company, do the following :- (a) Receive, by way of compensation for the transfer or sale of the property of the transferor company, shares policies or other like interests in the transferee company, for distribution among the members of the transferor company. or (b) Enter into any other arrangement, whereby the members of the transferor company may in lieu of receiving cash shares etc, participate in the profits of the transferee company. This section gives the liquidator the power to sell the property of the company for money or shares, debentures or other interests, where the transferor company is proposed to be wound or is in the course of being wound up voluntarily, and it is also proposed that the company's property may be transferred or sold to another company. Such a sale or arrangement shall be binding on the members of the transferor company. The dissentient members who did not vote in favour of the special resolution giving sanction to the sale or arrangement , may give note of their dissent to the liquidator within seven days from the date of passing of the resolution. Where the dissentient shareholder and the liquidator do not come to any agreement as to the value of his interest, the value has to be decided by arbitration under the provisions of the Arbitration and Conciliation Act, 1996. For winding up the company voluntarily as a members' voluntarily winding up , you shall have to follow the procedures laid down under Sections 484-488 of the Companies Act, 1956. In view of the above, the procedure for transferring the property of the transferor companies to the transferee company shall take place where the transferor company is proposed to be wound up or is in the course of winding up voluntarily. With respect to your query no.2, where you propose to get the name of the transferor companies struck off as a defunct company after transferring all the assets and liabilities of the two companies, I would remind you that there are only two ways whereby you can transfer the assets and liabilities of the transferor company to the transferee company, which are as follows :- 1. By amalgamation under Section 391-395 of the Companies Act. 2. By sale or transfer of property of the transferor Company under Section 494 of the Act. In case you opt for amalgamation, the transferor companies are automatically dissolved without going through the procedures of winding up. However, you shall have to go through the court procedures as laid down under the provisions of section 391-394 of the Companies Act. If you opt for the second option, that is under Section 494 of the Companies Act, then you can transfer the property of the transferor companies to the transferee companies only where the transferor company is proposed to be wound up voluntarily, or is in the course of being wound up voluntarily. Hence, in both in the above two options, whereby you transfer the property of the transferor companies to the transferee company, there is no applicability of section 560 of the Companies Act, which provides for striking off the name of defunct company.</span><br /><br /><span style="font-family: "courier new";">Q7. I want to register a Pvt. Ltd. company. I want to know the procedure - exactly whom to go to and what to do ( I am based in Delhi) What will the whole procedure cost ? I also want to know what are the minimum capital requirements. Can I capitalize a company with sweat equity.</span><br /><br /><span style="font-family: "courier new";">A. The procedure for registering a Private Limited Company is given below :-</span><br /><br /><span style="font-family: "courier new";">1. For registering a Private Limited Company 2 or more persons are required who would be the subscribers to the Company's Memorandum.</span><br /><br /><span style="font-family: "courier new";">2. Select a few suitable names in order of p[reference, which should indicate the main object of the proposed Company. An application in Form No. IA is prescribed in this regard by the Companies (Central Government's) General Rules and Forms, 1956, and a fee of Rs.500/- is payable with each application.</span><br /><br /><span style="font-family: "courier new";">3. See that one of the promoters is kept as the subscriber to the memorandum and articles of association of the proposed company.</span><br /><br /><span style="font-family: "courier new";">4. The Registrar of Companies will ordinarily inform within a period of seven days from the submission of your application whether any of the names applied for is available.</span><br /><br /><span style="font-family: "courier new";">5. If the name is not available, you will have to apply again selecting fresh names.</span><br /><br /><span style="font-family: "courier new";">6. Get the Memorandum and Articles of Association drafted suitably for a private limited company:- (a) For contents of form of Memorandum, refer to Sections 13 and 14. (c) Both the Memorandum and Articles of Association be printed and divided (d) into paragraphs numbered consecutively (Section 15 & 30) There is no form given in the Act for the Memorandum and the Articles of Association of a private company limited by shares. (Section 29).</span><br /><br /><span style="font-family: "courier new";">7. Before finally printing the Memorandum and Articles of Association, get them vetted by the concerned Registrar of Companies, so that at the time of their registration there are less corrections and alternations.</span><br /><br /><span style="font-family: "courier new";">8. Keep in mind that computer printed Memorandum and Articles of Association will be accepted and taken on record by all the Registrar of Companies from now on.</span><br /><br /><span style="font-family: "courier new";">9. Get both the Memorandum and Articles of Association stamped as per the Indian Stamp Act or the relevant State Act and the notifications thereunder in force in your State.</span><br /><br /><span style="font-family: "courier new";">10. Get both the Memorandum and Articles of Association signed by at least two subscribers, each of whom will also write in his own hand, his father's name, occupation, address and the number of shares subscribed for.</span><br /><br /><span style="font-family: "courier new";">11. There will be at least one witness to these signatures as mentioned above who will sign and write in his own hand, his father's name, occupation and address.</span><br /><br /><span style="font-family: "courier new";">12. The aforesaid two documents may be signed on behalf of the subscribers by their agents duly authorised by power of attorney.</span><br /><br /><span style="font-family: "courier new";">13. In case of an illiterate subscriber ensure that he gives his thumb impression or mark which is described as such by the person writing for him.</span><br /><br /><span style="font-family: "courier new";">14. Both the documents will then be dated.</span><br /><br /><span style="font-family: "courier new";">15. See that the date given on these documents is any date after the date of stamping of them and not before that date.</span><br /><br /><span style="font-family: "courier new";">16. Get the following forms duly filed up and signed :- (i) Declaration of compliance in Form No.1 by an advocate of the Supreme Court of a High Court, an attorney or a pleader entitled to appear before a High Court or a Secretary or a Chartered Accountant, in whole-time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a director, manager or secretary of the company that all the requirements of the Companies Act, 1956 and the rules thereunder have been complied with in respect of registration and matters precedent and incidental thereto. (Section 33(2))' (ii) Notice of the situation of the registered office of the company in Form No.18 (Section 146). (iii) Particulars in favour of one of the subscribers to the memorandum of association or any other person authorising him to file the documents and papers for registration and to make necessary corrections, if any. This should be executed on non-judicial stamp paper of the requisite value. (Forms stated in sub-items (ii) and (iii) though required to be filed within 30 days of the incorporation of the company, are generally filed together with the Memorandum and Articles of Association.)</span><br /><br /><span style="font-family: "courier new";">17. File the following with the Registrar of Companies within 3 months from the date of availability of name with necessary registration and filing fees. (i) The stamped and signed copy of the Memorandum and Articles of Association (Section 33). (ii) The forms mentioned above; (iii) Any other agreement, if referred to in the Memorandum and Articles of Association, as in that case, it will form a part of the Memorandum and Articles; (iv) Any agreement which the company to be incorporated proposes to enter into with any individual for appointment as its managing or whole-time director or manager. (Section 33(I)(c) (v) Original true copy of the Registrar of Companies' letter intimating about the availability of name.</span><br /><br /><span style="font-family: "courier new";">18. Pay the registration and filing fee by way of cash or demand draft or treasury challan for registration of memorandum of Association and for filing of</span><br /><br /><span style="font-family: "courier new";">19. The Registrar of Companies will then scrutinize the documents and papers filed for registration and, if necessary, on intimation, the authorized person will make necessary correction in them under his initials.</span><br /><br /><span style="font-family: "courier new";">20. The Registrar of Companies will then register the company and issue the certificate of incorporation. (Sections 33 & 34).</span><br /><br /><span style="font-family: "courier new";">21. The date given by the Registrar of Companies on the certificate of incorporation will be the date of incorporation of the company and on that date, the company will come into being as a separate legal entity. The cost for registering the Company will vary, depending particularly upon the Capital Structure of the Company. Registration Fees is prescribed under Schedule X of the Companies Act, which shall depend upon the Authorised Capital of the Company. The minimum Capital with which a Private Limited Company can be registered is Rs. 1 Lac. The provisions for issue of Sweat Equity as contained in S 79A of the Companies Act is as under : A company may issue sweat equity shares of a class of shares already issued if the following conditions are fulfilled , namely : (a) the issue of sweat equity shares in authorized by a special resolution passed by the company in the general meeting. (b) The resolution specifies the number of shares, current market price, consideration, if any, and the class or classes of directors or employees to whom such equity shares are to be issued. (c) not less than one year has, at the issue elapsed since the date on which the company was entitled to commence business. (d) The sweat equity shares of a company whose equity shares are listed on a recognized stock exchange are issued in accordance with the regulations made by the Securities and Exchange Board of India in this behalf. (e) In view of the above provisions, you can't issue Sweat Equity at the time of incorporation of your Company as one year has not elapsed since the date on which the company was entitled to commence business. Consequently, you can issue sweat equity shares only after the period of one year since incorporation.</span><br /><span style="font-family: "courier new";"> </span><br /><span style="font-family: "courier new";"> </span><br /><span style="font-family: "courier new";"> </span><br /><br /><span style="font-family: "courier new";">Q8. Can we draw a Scheme of Amalgamation u/s. 395 (not u/s.391-394) for transferring all the Assets and Liabilities to Transferee Company and to acquire all shares (this is proposed in view that we can have amalgamation w.e.f. 01.04.2000, which is important date). Note : Both, the Transferor and Transferee companies are controlled by same management, therefore theoretically we do not have any problem in acquiring shares, assets and liabilities. If we answer to above question in affirmative sense, than we can proceed to wind up the Company Voluntarily (Members Winding-up). Liquidator can be one of the Directors of the Company who can wind up the company and finally official Liquidator can submit the report to the Court for liquidation. Is above proposal correct ? If we follow transfer of assets and liabilities as per Members Voluntary Winding-up, then we will not be able give effect to the same from 01.04.2000 (this date is important for us) since certain forms and other formalities are required to be followed i.e. intimation to ROC, Solvency declaration etc., which now is not possible so as to be effective from 01.04.2000.</span><br /><br /><span style="font-family: "courier new";">A. We reiterate that there are only two ways whereby you can transfer the Assets and Liabilities of the Transferor company to the Transferee company which where explained to you vide our earlier reply dated 12.04.2000. You cannot draw a scheme of amalgamation under Section 395 of the Companies Act, 1956, for transferring the assets and liabilities of the Transferor Company to the Transferee Company. Section 395 provides for taking over a company without going to the court by acquiring the shares of that company. This section provides a mode for the acquiring company to make an offer to the shareholders of the Transferor Company to purchase the share at a stated price. It also provides a machinery for safeguarding the rights of the dissentient shareholders. Section 395 does not provide for any mechanism for transfer of assets and liabilities of the Transferor company to the Transferee company. So far as members' voluntary winding up is concerned, the voluntary winding up shall be deemed to commence at the time when the resolution for voluntary winding up is passed. As soon as affairs of the company are fully wound up, the liquidator shall call the General Meeting of the Company for the purpose of laying the account of the winding up before it. Within one week after the meeting, the liquidator shall send to the Registrar and the Official Liquidator, a copy of account and shall make a return to each of them. If the Official Liquidator makes a report to the Court that the affairs of the company have not been conducted in a manner prejudicial to the company or to public interest, then, from the date of submission of the report, the company shall be deem to be dissolved. The declaration of solvency under Section 488 of the Companies Act, must be made within five weeks before the passing of the resolution for winding up. The declaration must be registered with Registrar before the date of the resolution.</span><br /><br /><span style="font-family: "courier new";">Q9. How does a director resign from the board in a Pvt. Ltd., firm if the Board fails to accepts his resignation ?</span><br /><br /><span style="font-family: "courier new";">A. There is no provisions in the Companies Act, relating to the resignation of his office by a director of a company. If there is any provision in the articles of the company giving the right to a direction to resign at any time, the resignation will take affect without any need for its acceptance by the Board. Where a director is elected or has contracted to act for a fix period, his resignation before the expiration of the period may make him liable for damages, unless the articles permits such resignation. In the absence of a provision in respect of resignation under the Act or under the articles of the company, the resignation tendered by a director unequivocally in writing shall take effect from the time when such resignation is tendered. It is advisable that the resignation should be in writing and also indicate the time when it is to take effect. The Directors cannot refuse the resignation of a co-director unless such a provision is there in the Articles of Association of Company.</span><br /><br /><span style="font-family: "courier new";">Q10. I took the connection of internet from XYZ ISP Company. I choose Freedom plan. In that I paid lump sum amount and was told that I would be getting 1 hour daily free internet time extra time will be charged at Rs.10 per hour. I clarified and was told that whole of my use/age time will be added and on that I will be charged extra. However, when the bill came I was shocked to see the bill made in such a way that if I have used internet for about 70 minutes then they have charged it for one hour by running next ten minutes to one hour. If I have used it for two hour five minutes I am supposed to pay for two hours because extra one hour and five minutes is taken as two hour. Services are also horrible and their claim that they provide fast service is also false. I will like to mention here that when MTNL offered their service they openly claimed that their service is slow but they will improve it. The response of the company is bad and they are bent upon cheating people.</span><br /><br /><span style="font-family: "courier new";">A. In the query raised by you, what is important to be seen is as to what were the terms of the freedom plan in this regard. Whether the same mentioned specifically about the fact that if the user is even for 5 minutes, the same would be construe as one hour usage. If such a term is there, then the fact that you orally clarified from the company and were informed that your entire usage time would be added, would be meaningless, since the same will not stand to reasoning and would be against a written contract. If the terms were not there in this regard then you can very well approach a Consumer Court and can also complaint about the deficiency of service before the said court. You can also file a petition before the MRTP Commission for unfair Trade Practice on the part of the company.</span><br /><br /><span style="font-family: "courier new";"> ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------</span><br /></span></div>
BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com2tag:blogger.com,1999:blog-4176940044076471421.post-12769777247074004962010-06-26T00:55:00.000-07:002010-06-26T06:32:21.764-07:007 -LEGAL OPINION - MOTOR ACCIDENT COMPENSATIONS<span style="color: rgb(204, 51, 204);font-family:courier new;font-size:180%;" class="expanded style5" ><strong> Get Professional Legal Opinion -1- MOTOR ACCIDENT COMPENSATIONS<br /><br />Q1. I met with an accident while driving a car and seriously injured another person. Is it by itself an offence punishable in law or there are other requirements which reacquire to be proved?<br /><br />A. It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.<br /><br />Q2. I had lodged a case for insurance on account of motor accident, which took place. The Tribunal held that the liability of the Insurance Company is limited to Rs. 20000/- only. Whether Tribunal is right in saying so and what is my remedy against said order?<br /><br />A. If there is no evidence on the record to show that the liability of the Insurance Company was limited to Rs. 20,000/-, the finding of the Tribunal is liable to be set aside. The liability of an Insurance company, unless there is a prohibition to same in a contract or otherwise, is unlimited You can challenge the said order before the High Court in appeal.<br /><br />Q3. Can a person be entitled to interest on compensation granted in a motor accident case. What is the normal rate of interest in such cases?<br /><br />A. Yes, the claimant is entitled to interest on the entire amount of compensation awarded to him in a motor accident case. The rate of interest varies from case to case and lies in the discretion of the court under the circumstances of the case.<br /><br />Q4. Give a detailed legal procedure to deal with motor accidents.<br /><br />A. A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, insurance company will pay.<br /><br />Q5. I want to know the legal procedure followed, when we meet with an accident i.e. someone is going on a scooter and unfortunately dashes a person crossing road, both fell down and get injuries. But unfortunately the person crossing road dies in hospital. What is the procedure followed to solve the case legally? Note: the driver has a perfect driving license, the scooter has a third party insurance, and also the driver was not going in any wrong root. It was a mutual collision. Specify the ways to recover insurance amount will we have to go to court. And if we go to court what could be punishment and penalty to the driver?<br /><br />A. When an accident takes place, a case is registered by the Local Police. In your case as the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence. The State has to prove that the accident took place with your scooter and you were driving the same rashly and negligently. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial. It is also to be proved that the pedestrian was not at any fault. To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be entitled to "no fault liability" from the Insurance Company.<br /><br />Q6. The injured of the road accident files simultaneously the criminal case and claim under MACT. In the MACT case the driver, owner, and the insurance company are impleaded as parities. The owner takes the defense that the vehicle was unauthorisedly / illegally taken away by the unknown person who now is pleaded as driver in the case. Can the insurance company be absolved of its liability under MACT on plea of the owner that vehicle was driven by unauthorized person. The valid insurance contract/cover with the owner is however not disputed. Kindly provide case law fixing liability on the insurance company.<br /><br />A. The owner is liable for the wrongs committed by his servants only if there was consent/ permission from the master to the servant. If the owner is able to prove successfully (which is most unlikely), the owner will not be liable to pay compensation and consequently insurance company will not be liable as the insured / owner.<br /><br />Q7. My father was walking on the street when a scooterist hit him and he suffered body injuries. The person who hit him is refusing to pay. Can my father claim compensation from the Insurance Company<br /><br />A. If the vehicle which hit your father had a third party insurance then you will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal.<br /><br />Q8. How his compensation in case of death of a person calculated ?<br /><br />A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.<br /><br />Q9. In case of an accident who is liable. Is the driver or the owner who has to be impleaded as a party ?<br /><br />A. In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability.<br /><br />Q10. My son died in an road accident 1 years back. He left behind a wife and 1 child. How much compensation should we get?<br /><br />A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. Wife along with the children of the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.<br /><br />Q11. In cases of accident is the insurance company liable to pay?<br /><br />A. If the vehicle which hit the person had a third party insurance then he will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company will be liable.<br /><br />Q12. Where is the MACT courts located in Delhi?<br /><br />A. Motor Accident Claim Tribunals in Delhi are located at three places namely Tis Hazari Courts, Patiala House Courts and Karkardooma Courts. Cases are to be filed according to the Police Station in which the FIR of the Accident was registered and the respective Courts under whose jurisdiction the Police Station lies.<br /><br />Q1. I met with an accident while driving a car and seriously injured another person. Is it by itself an offence punishable in law or there are other requirements which reacquire to be proved?<br /><br />A. It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.<br /><br />Q2. I had lodged a case for insurance on account of motor accident, which took place. The Tribunal held that the liability of the Insurance Company is limited to Rs. 20000/- only. Whether Tribunal is right in saying so and what is my remedy against said order?<br /><br />A. If there is no evidence on the record to show that the liability of the Insurance Company was limited to Rs. 20,000/-, the finding of the Tribunal is liable to be set aside. The liability of an Insurance company, unless there is a prohibition to same in a contract or otherwise, is unlimited You can challenge the said order before the High Court in appeal.<br /><br />Q3. Can a person be entitled to interest on compensation granted in a motor accident case. What is the normal rate of interest in such cases?<br /><br />A. Yes, the claimant is entitled to interest on the entire amount of compensation awarded to him in a motor accident case. The rate of interest varies from case to case and lies in the discretion of the court under the circumstances of the case.<br /><br />Q4. Give a detailed legal procedure to deal with motor accidents.<br /><br />A. A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, insurance company will pay.<br /><br />Q5. I want to know the legal procedure followed, when we meet with an accident i.e. someone is going on a scooter and unfortunately dashes a person crossing road, both fell down and get injuries. But unfortunately the person crossing road dies in hospital. What is the procedure followed to solve the case legally? Note: the driver has a perfect driving license, the scooter has a third party insurance, and also the driver was not going in any wrong root. It was a mutual collision. Specify the ways to recover insurance amount will we have to go to court. And if we go to court what could be punishment and penalty to the driver?<br /><br />A. When an accident takes place, a case is registered by the Local Police. In your case as the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence. The State has to prove that the accident took place with your scooter and you were driving the same rashly and negligently. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial. It is also to be proved that the pedestrian was not at any fault. To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be entitled to "no fault liability" from the Insurance Company.<br /><br />Q6. The injured of the road accident files simultaneously the criminal case and claim under MACT. In the MACT case the driver, owner, and the insurance company are impleaded as parities. The owner takes the defense that the vehicle was unauthorisedly / illegally taken away by the unknown person who now is pleaded as driver in the case. Can the insurance company be absolved of its liability under MACT on plea of the owner that vehicle was driven by unauthorized person. The valid insurance contract/cover with the owner is however not disputed. Kindly provide case law fixing liability on the insurance company.<br /><br />A. The owner is liable for the wrongs committed by his servants only if there was consent/ permission from the master to the servant. If the owner is able to prove successfully (which is most unlikely), the owner will not be liable to pay compensation and consequently insurance company will not be liable as the insured / owner.<br /><br />Q7. My father was walking on the street when a scooterist hit him and he suffered body injuries. The person who hit him is refusing to pay. Can my father claim compensation from the Insurance Company<br /><br />A. If the vehicle which hit your father had a third party insurance then you will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal.<br /><br />Q8. How his compensation in case of death of a person calculated ?<br /><br />A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.<br /><br />Q9. In case of an accident who is liable. Is the driver or the owner who has to be impleaded as a party ?<br /><br />A. In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability.<br /><br />Q10. My son died in an road accident 1 years back. He left behind a wife and 1 child. How much compensation should we get?<br /><br />A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. Wife along with the children of the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.<br /><br />Q11. In cases of accident is the insurance company liable to pay?<br /><br />A. If the vehicle which hit the person had a third party insurance then he will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company will be liable.<br /><br />Q12. Where is the MACT courts located in Delhi?<br /><br />A. Motor Accident Claim Tribunals in Delhi are located at three places namely Tis Hazari Courts, Patiala House Courts and Karkardooma Courts. Cases are to be filed according to the Police Station in which the FIR of the Accident was registered and the respective Courts under whose jurisdiction the Police Station lies.<br /><br /><br /><br /><br /><br /></strong></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com2tag:blogger.com,1999:blog-4176940044076471421.post-5635074300075031362010-06-26T00:53:00.000-07:002010-06-26T00:54:22.463-07:00FOLDER - 1<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">1-Agreement to lease of land for construction of house </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><span style="font-family: courier new;">2-Lease deed of land </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">3-Lease Of Agricultural Land </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">4-Lease of a building for office </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><span style="font-family: courier new;">5-Lease of a furnished house for residential purposes </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><span style="font-family: courier new;">6-Tenancy in the form of letter by the person proposing to take premises on rent </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">7-Deed of surrender of lease </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">8-Deed of renewal of lease </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">9-Tripartite lease agreement between lessor, lessee and the guarantor </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">10-Agreement for letting furnished dwelling house or flat On short period tenancy </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">11-Agreement To Lease For A Long Period </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">12-Agreement For Building Lease </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">13-Deed Of Lease (For A Term Of Years) </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">14-Deed of lease (for a term in perpetuity) </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><span style="font-family: courier new;">15-Deed Of Sub-Lease </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><br /><span style="font-family: courier new;">16-Deed Of Surrender Of The Whole Property </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><span style="font-family: courier new;">17-Leave And License Agreement </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><span style="font-family: courier new;">18-Leave and license agreement to a company For residence of its officers </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><br /><span style="font-family: courier new;">19-Leave and license agreement in respect of A part of the premises </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">20-Perpetual Lease Of A Land </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">21-Licence To Use The House </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">22-Deed For Modification Of The Terms Of The Lease </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">23-Lease Of Land For Limited Period </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">24-Surrender Of Lease </span><br /><br /><br /><br /><span style="font-family: courier new;">25-Lease Disguised As Licence </span><br /><br /><br /><br /><span style="font-family: courier new;">26-Lease Of A House On Monthly Tenancy </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">27-Licence authorizing the licensee to use the part of land of the licensor as way to the house of the licensee. </span><br /><br /><br /><span style="font-family: courier new;"> </span><br /><span style="font-family: courier new;">28-Licence To Use The House For A Definite Period </span><br /><br /><br /><br /><span style="font-family: courier new;">29-Licence To Use Copy Right </span><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-22894553641728480252010-06-26T00:50:00.000-07:002010-06-26T00:52:57.928-07:00FOLDER - 2<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" >FOLDER - 2<br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">1-Agreement to lease of land for construction of house </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">2-Lease deed of land </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">3-Lease Of Agricultural Land </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">4-Lease of a building for office </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">5-Lease of a furnished house for residential purposes </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">6-Tenancy in the form of letter by the person proposing to take premises on rent </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">7-Deed of surrender of lease </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">8-Deed of renewal of lease </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">9-Tripartite lease agreement between lessor, lessee and the guarantor </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">10-Agreement for letting furnished dwelling house or flat On short period tenancy </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">11-Agreement To Lease For A Long Period </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">12-Agreement For Building Lease </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">13-Deed Of Lease (For A Term Of Years) </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">14-Deed of lease (for a term in perpetuity) </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">15-Deed Of Sub-Lease </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><br /><span style="font-family:courier new;">16-Deed Of Surrender Of The Whole Property </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">17-Leave And License Agreement </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">18-Leave and license agreement to a company For residence of its officers </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><br /><span style="font-family:courier new;">19-Leave and license agreement in respect of A part of the premises </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">20-Perpetual Lease Of A Land </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">21-Licence To Use The House </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">22-Deed For Modification Of The Terms Of The Lease </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">23-Lease Of Land For Limited Period </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">24-Surrender Of Lease </span><br /><br /><br /><br /><span style="font-family:courier new;">25-Lease Disguised As Licence </span><br /><br /><br /><br /><span style="font-family:courier new;">26-Lease Of A House On Monthly Tenancy </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">27-Licence authorizing the licensee to use the part of land of the licensor as way to the house of the licensee. </span><br /><br /><br /><span style="font-family:courier new;"> </span><br /><span style="font-family:courier new;">28-Licence To Use The House For A Definite Period </span><br /><br /><br /><br /><span style="font-family:courier new;">29-Licence To Use Copy Right </span><br /><br /><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-64187625983567970992010-06-26T00:48:00.000-07:002010-06-26T00:49:48.653-07:001- AGREEMENT TO LEASE OF LAND FOR CONSTRUCTION OF HOUSE<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family: courier new;">1- AGREEMENT TO LEASE OF LAND FOR CONSTRUCTION OF HOUSE</span><br /><br /><span style="font-family: courier new;">THIS AGREEMENT to lease made at ............ on this .............. day of ................... 2000, between A, son of ........................ resident of ............................. hereinafter referred to as "the lessor" of the ONE PART and B, son of .................... ....... resident of .................................. hereinafter referred to as "the Lessee" of the OTHER PART.</span><br /><br /><span style="font-family: courier new;">WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the piece of land bearing Plot No. .................situated at ………………….................. more particularly described in the Schedule hereunder written; and hereinafter referred to as the "said premises".</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessee has requested the Lesser to grant lease of the said premises for construction of a house thereon which will be used for his residential purpose or for letting out for residential purpose.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessor has agreed to grant lease of the said premises on the terms and conditions hereinafter appearing.</span><br /><br /><span style="font-family: courier new;">NOW THESE PRESENTS WITNESS and the parties hereby mutually agree as follows:</span><br /><br /><span style="font-family: courier new;">1. The Lessor agrees to demise to the lessee and the Lessee agrees to take on lease the piece of land bearing Plot No. .................. situated at ……………………............................ ( more particularly described in the Schedule hereunder written ), for a period of 99 years at a yearly rent of Rs .................. to be paid in advance from the date of the Deed of Lease. The lessee shall also be liable to pay the taxes, assessment dues and duties payable in respect of the said premises and the building constructed thereon to the Municipal Corporation of .................. Government of ................ or any local or other authority.</span><br /><br /><span style="font-family: courier new;">2. The Lessor shall make out clear and marketable title to the said premises free from all encumbrances, mortgage, charge, lien, claims or reasonable doubts.</span><br /><br /><span style="font-family: courier new;">3. The Lessor shall produce or cause to be produced to the Lessee or his Advocate the documents of title in his possession or power in a respect of the said premises for investigation of title to the said premises.</span><br /><br /><span style="font-family: courier new;">4. The Lessee's Advocate shall send requisition on title to the said premises to the Lessor or his Advocate within one month from the date of production of the title deeds for inspection, failing which the Lessee will be deemed to have accepted the title of the Lessor of the said premises.</span><br /><br /><span style="font-family: courier new;">5. The Lessor shall grant lease within one month of lessor making out a marketable title as aforesaid or the lessee accepting the title of the lessor.</span><br /><br /><span style="font-family: courier new;">6. The Lessor shall complete the transaction of lease within a period of three months from the date hereof and shall hand over the vacant possession on the date of completion of the said premises to the lessee.</span><br /><br /><span style="font-family: courier new;">7. The lessor shall pay all taxes, assessments, dues and duties payable in respect of the said premises upto the date of completion of the lease.</span><br /><br /><span style="font-family: courier new;">8. The Lessee shall bear the stamp duty, registration charges and other expenses in respect of the Deed of lease. The Lessor shall bear and pay all other costs incurred by him including his Advocate's fees.</span><br /><br /><span style="font-family: courier new;">9. If any permission or no objection certificate is required to be obtained from the Government or local authority for granting the lease of the said premises, the Lessor shall obtain the same at his own costs.</span><br /><br /><span style="font-family: courier new;">10. If the lessor fails to complete the transaction within the stipulated period or to make out marketable title to the said premises, the lessee will have the option to cancel this Agreement by one month prior notice to the Lessor. If the Lessee fails to complete the transaction, the lessor may cancel this agreement by one month prior notice to the lessee to that effect.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF, the parties have put their respective hands, the day and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named lessor</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named Lessee</span><br /><span style="font-family: courier new;">WITNESSES;</span><br /><span style="font-family: courier new;">1.</span><br /><br /><span style="font-family: courier new;">2.</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-12669569578899846192010-06-26T00:47:00.000-07:002010-06-26T00:48:21.497-07:002-LEASE DEED OF LAND<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family: courier new;"> 2-LEASE DEED OF LAND</span><br /><br /><span style="font-family: courier new;">THIS DEED OF LEASE made at ................. this ................. day of ................., 2000, between ................. son of ................. resident of .................. hereinafter referred to as "the Lessor" of the ONE PART and ................. son of ................. resident of ............... hereinafter referred to as "the Lessee" of the OTHER PART.</span><br /><br /><span style="font-family: courier new;">WHEREAS the Lessor is the exclusive owner of piece of land bearing Plot No. .................. situated at ……………………………………. ( more particularly described in the Schedule A hereunder written ), hereinafter referred to as the demised premises.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the said premises for a period of .............. years, vide Agreement of premises lease dated .............. hereinafter referred to as "the said agreement" subject to terms and conditions laid down in the said agreement.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the lessor has made out his marketable title to the demised premises free from all encumbrances, claims or reasonable doubts.</span><br /><br /><span style="font-family: courier new;">NOW THIS DEED WITNESSETH AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">1. In pursuance of the said agreement and in consideration of the rent hereby granted and the Lessee's covenants hereinafter mentioned, the Lessor hereby demise unto the lessee the demised premises, to hold the demised premises unto the Lessee (and his heirs, executors, administrators and assigns) for a period of................. years commencing from the ................. day of ................., 2000, at a yearly rent of the year for which it is due, the first of such yearly rent shall be paid on ................. and the subsequent rent to be paid on or before the ................. day of every succeeding year regularly.</span><br /><br /><span style="font-family: courier new;">2. The lessee shall construct a suitable house and other structures on the demised premises hereby demised according to and in conformity with the map or plans hereto annexed, which has already been sanctioned by the Municipal Corporation of.................. within a period of one year from the date hereof.</span><br /><br /><span style="font-family: courier new;">3. The Lessee hereby agrees to the following covenants:</span><br /><br /><span style="font-family: courier new;">(a) To pay rent hereby reserved on the day and in the manner aforesaid to the lessor.</span><br /><span style="font-family: courier new;">(b) To pay all taxes, cess, impositions, assessments, dues and 9, duties payable in respect of the demised premises and the building to be constructed thereon to the Government of .................. or the Municipal Corporation or any other local authority or public body.</span><br /><span style="font-family: courier new;">(c) Not to sub-let, sell, dispose of or assign the demised premises or the house constructed on the demised premises without the consent of the lessor in writing.</span><br /><span style="font-family: courier new;">(d) To keep the building constructed on the demised premises in good and tenantable condition.</span><br /><span style="font-family: courier new;">(e) To permit the lessor or his duly authorised agent or agents to enter the demised premises at all convenient times for inspection of the building.</span><br /><span style="font-family: courier new;">(f) To insure and to keep insured the building that may be constructed on the demised premises against the loss or damages by d fire, earthquake, riot or affray with an insurance company approved in writing by the lessor in the joint names of lessor and lessee for an amount which shall not be less than Rs. ..................</span><br /><span style="font-family: courier new;">(g) To use the demised premises for construction of house which will be used for residential purpose only.</span><br /><span style="font-family: courier new;">(h) Not to use the demised premises or the building constructed or any part thereof for any illegal purpose.</span><br /><br /><span style="font-family: courier new;">4. The Lessor hereby agrees to the following covenants:</span><br /><br /><span style="font-family: courier new;">(a) The lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the demised premises and is having full power and absolute authority to demise unto the lessee the demised premises.</span><br /><span style="font-family: courier new;">(b) The lessee shall peacefully and quietly hold, possess and enjoy the demised premises, during the term of lease without any interruption, disturbance, claims or demand whatsoever by the lessor or any person or persons claiming under him, subject however, the lessee paying the said yearly rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed.</span><br /><span style="font-family: courier new;">(c) Not to unreasonably withhold his consent to any sub-lease, transfer or assignment of the demised premises, if intended to be made by the lessee.</span><br /><br /><span style="font-family: courier new;">5. It is hereby agreed that if default is made by the lessee in payment of the rent for any three years, or in observance and performance of any of the covenants and stipulations hereby contained and on the part to be observed and performed by the lessee, then on each such default, the lessor shall be entitled in addition to or in the alternative to any other remedy that may be available to him at his discretion, to terminate the lease and eject the lessee from the premises demised and from the building, that may have been constructed thereon; and to take possession thereof as full and absolute owner thereof, provided that a notice in writing shall be given by the lessor to the lessee of his intention to terminate the lease and to take possession of the demised premises but if the arrears of rent are paid or the lessee comply with or carry out the covenants and conditions or stipulations, within fifteen days from the service of such notice, then the lessor shall not be entitled to take possession of the said premises and building.</span><br /><br /><span style="font-family: courier new;">AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">(a) On the expiry of the term hereby created and subject to the observance and performance of the covenants, conditions and stipulations herein contained and on his part to be observed and performed, the lessee will have the option to renew the lease of the demised premises for a further period of .............. years, provided he gives a notice to the effect in writing by registered post to the Lessor of his intention to do so at least three calendar months before the termination of the present lease; provided that the rent payable by the lessee to the lessor during the extended time of the lease shall be Rs. ............... per annum, which will include the rent of the demised premises and of the building constructed thereon, which an the expiry of term of the lease, shall vest in and be the absolute property of the Lessor as hereinabove mentioned. After the expiry of the said period of ................. years, the Lessee shall not be entitled to exercise further option of renewal of the lease and shall deliver the demised premises and the building constructed thereon to the lessor in good condition as hereinbefore provided.</span><br /><br /><span style="font-family: courier new;">(b) The Lessee shall be entitled to purchase the reversion during the subsistence of this demise, in respect of the demised premises on the payment to the Lessor, a consideration to be agreed upon between the Lessor and Lessee and the lessor shall execute conveyance in respect of the reversion of demised premises purchased by the Lessee in favour of the lessee or his nominee or nominees; provided that the lessee may be entitled to purchase a portion or portion of the reversion in respect of any portion of the demised premises, the rent hereby agreed to be paid by the Lessee to the Lessor shall be proportionately reduced.</span><br /><br /><span style="font-family: courier new;">(c) On the expiry of the term hereby created or earlier determination under the provisions hereof, the lessee will hand over the peaceful and vacant possession of the demised premises and building constructed thereon to the Lessor in a good condition.</span><br /><br /><span style="font-family: courier new;">6. This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.</span><br /><br /><span style="font-family: courier new;">7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.</span><br /><br /><span style="font-family: courier new;">8. The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate hereof on the day, month and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">The Schedule A above referred to</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named lessor</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named lessee</span><br /><span style="font-family: courier new;">WITNESSES;</span><br /><span style="font-family: courier new;">1.</span><br /><br /><span style="font-family: courier new;">2.</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-86801917628501751682010-06-26T00:46:00.000-07:002010-06-26T00:47:13.765-07:003- LEASE OF AGRICULTURAL LAND<span style="color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family: courier new; font-weight: bold;"> 3- LEASE OF AGRICULTURAL LAND</span><br /><br /><span style="font-family: courier new; font-weight: bold;">THIS DEED OF LEASE made at ................. on the ................. day of ................. 19 ..... between A, son of ................. resident of ................. (hereinafter called the "Lessor") of the ONE PART and B, son of ................. resident of .................................. (hereinafter called the "Lessee") of the OTHER PART.</span><br /><br /><span style="font-family: courier new; font-weight: bold;">THIS DEED WITNESSETH AS FOLLOWS:</span><br /><br /><span style="font-family: courier new; font-weight: bold;">In consideration of the rent hereinafter reserved and of the Lessee's agreement hereinafter contained, the Lessor hereby demises to the Lessee a lease of All THOSE PIECE AND PARCELS OF LAND bearing Survey No. .................. Hissa No................... situate, lying and being at Village ............ Taluka .................. District ................. and the particulars whereof are specified in the Schedule hereto (all of which hereditaments are hereinafter called the "farm") together with a cottage, out houses and a farm house constructed in the Survey No ................... and trees, fences, hedges, ways, waters, walls, liberties, easements and appurtenances whatsoever belonging to the said farm TO HOLD the farm unto the lessee for the term of ............. years from the ................. day of ................. paying therefor during the said term the yearly rent of Rs. ................. by equal half-yearly payments on the ................. day of ................. and the ................. day of ................. free from all deductions except for landlord's property tax, the first payment to be made on the ................ day of ................. next .................</span><br /><br /><span style="font-family: courier new; font-weight: bold;">(2) The Lessee hereby covenants with the Lessor:</span><br /><br /><span style="font-family: courier new; font-weight: bold;">(i) To pay the reserved rent on the days and in the manner aforesaid.</span><br /><span style="font-family: courier new; font-weight: bold;">(ii) To pay all existing and future rates, taxes, assessment and outgoings payable by law in respect of the farm by the owner or occupier (except Lessor's property tax).</span><br /><span style="font-family: courier new; font-weight: bold;">(iii) To repair and keep in repair the cottage, out houses, and farm house on the farm and to whitewash when necessary and from time to time to tar such woodwork and coverings of buildings as may require so to be treated and to do all carting of material at his own expense.</span><br /><span style="font-family: courier new; font-weight: bold;">(iv) To clean out and keep open and free and in working order all ditches, pipes, sewerages, drains, wells, springs, streams on the farm and to prevent streams from overflowing or being diverted so as to cause injury to adjoining occupants.</span><br /><span style="font-family: courier new; font-weight: bold;">(v) To use the farm for agricultural purpose only.</span><br /><span style="font-family: courier new; font-weight: bold;">(vi) Not to permit or suffer waste or spoil of any part of the farm nor to permit any encroachment and to use his best endeavours to prevent the acquisition of new rights of way or easements over any part of the farm.</span><br /><span style="font-family: courier new; font-weight: bold;">(vii) To farm cultivate manure and manage the farm in a good and husband like manner according to the most approved methods o cultivation, so as to keep the farm in good condition.</span><br /><span style="font-family: courier new; font-weight: bold;">(3) The Lessor hereby covenants with the lessee:</span><br /><span style="font-family: courier new; font-weight: bold;">(i)To permit the lessee on his paying the rent hereby reserved and performing and observing the stipulations and provisions contained hereinabove, peaceably to hold and enjoy the farm and to enjoy its income, profits and crops during the term aforesaid without any interruption by the lessor or any person rightfully claiming under or in trust for him.</span><br /><span style="font-family: courier new; font-weight: bold;">(ii) To pay the property tax in respect of the farm.</span><br /><span style="font-family: courier new; font-weight: bold;">(iii) The lessee will have the option to renew the lease for a further period of ................. years, provided he informs to the Lessor of his intention to do so before the expiry of his lease; provided that the rent for the extended term of lease will be Rs. ................. per annum.</span><br /><span style="font-family: courier new; font-weight: bold;">(4) It is hereby agreed and declared that the term "Lessor" and "Lessee" herein used shall unless inconsistent with the context or meaning thereof be deemed to include the heirs, executors, administrators and assigns of the respective parties.</span><br /><span style="font-family: courier new; font-weight: bold;">(5) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the lessee.</span><br /><span style="font-family: courier new; font-weight: bold;">(6) The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the lessee.</span><br /><span style="font-family: courier new; font-weight: bold;">(7) The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.</span><br /><br /><span style="font-family: courier new; font-weight: bold;">IN WITNESS WHEREOF, the lessor and the Lessee have put their respective hands on the original and duplicate thereof the day, month and year first hereinabove written.</span><br /><br /><span style="font-family: courier new; font-weight: bold;">The schedule above referred to</span><br /><br /><span style="font-family: courier new; font-weight: bold;">WITNESSES Signed and delivered by the within named Lessor ......</span><br /><span style="font-family: courier new; font-weight: bold;">1.</span><br /><span style="font-family: courier new; font-weight: bold;">2. Signed and delivered by the within named Lessee ……………..</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-3587867109819217052010-06-26T00:45:00.000-07:002010-06-26T00:46:02.322-07:004-- LEASE OF A BUILDING FOR OFFICE<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family: courier new;">4-- LEASE OF A BUILDING FOR OFFICE</span><br /><br /><span style="font-family: courier new;">THIS INDENTURE of lease is made at ................. this ................. day of ................., 2000, between A, son of ................. resident of ................ (hereinafter called "the lessor", which expression shall, unless repugnant to the context and meaning include his heirs, successors, administrators and assigns) of the ONE PART and ........................... a company incorporated under the Companies Act, 1956 and having its registered office at ................. (hereinafter called "the Lessee", which expression shall, unless be repugnant to the context and meaning, include its successors and assigns) of the OTHER PART.</span><br /><br /><span style="font-family: courier new;">WHEREAS the lessor is absolutely seized and possessed or otherwise well and sufficiently entitled to the building bearing Municipal No. ................. situated at ………………………………………..</span><br /><br /><span style="font-family: courier new;">AND WHEREAS on the request of the Lessee, the lessor has agreed to grant lease in respect of the demised premises for a term of ................. years in the manner hereinafter appearing.</span><br /><br /><span style="font-family: courier new;">NOW THIS DEED WITNESSETH AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of the covenants, conditions and stipulations hereinafter contained and on the Lessee's part to be paid, observed and performed, THE LESSOR HEREBY DEMISES UNTO THE LESSEE ALL THAT the building bearing Municipal No. situated at …………………………………………… (more particularly described in Schedule I hereto) and hereinafter called as the demised premises, TOGETHER WITH ALL the fixtures and fittings therein, (a complete list whereof is given in Schedule II hereto) TOGETHER WITH the electrical installations and together with the right for the Lessee, its employees, servants, agents, customers and persons authorised by the Lessee in common with the Lessor and all the persons authorised by the lessor to use the entrances, door ways, entrance hall, stair cases, landings and passages in the demised premises for the purpose of ingress thereto, TO HOLD the demised premises unto the Lessee for the period of ................. years only commencing from the ................. and determining on ................. but determinable earlier as hereinafter provided PAYING therefor unto the Lessor during the said term monthly rent of Rs.................. payable by the tenth of each succeeding calendar month to which it relates.</span><br /><br /><span style="font-family: courier new;">2. The lessee hereby covenants with the lessor as follows:</span><br /><br /><span style="font-family: courier new;">(a) To pay the rent as aforesaid on the days and in the manner aforesaid.</span><br /><span style="font-family: courier new;">(b) To pay rates, taxes, assessment, duties, cess, impositions, outgoings and burdens whatsoever payable to State of .................. Municipal Corporation of.................. local or other authority, which may at any time or from time to lime during the term hereby created be imposed or charged upon the demised premises.</span><br /><span style="font-family: courier new;">(c) To pay the electricity bills for the electricity consumed for lighting the demised premises and for operation of Air Conditioners, Fans, Computers and electrical appliances in the demised premises.</span><br /><span style="font-family: courier new;">(d) Not to make any structural alterations into or upon the demised premises or make any alterations or addition to the external appearance or any part of the demised premises without the previous consent of the Lessor in writing.</span><br /><span style="font-family: courier new;">(e) To use the demised premises for office purposes of the Lessee.</span><br /><span style="font-family: courier new;">(f) Not to do or suffer to be done in or upon the demised premises or other parts of the said building in common with other persons anything whatsoever, which may be or become a nuisance or annoyance to or in any way interfere with the quiet or comfort of the Lessor or other Lessees and occupiers of the said building.</span><br /><span style="font-family: courier new;">(g) Not to place or keep or permit to be placed or kept on the demised premises any offensive, dangerous or highly inflammable or explosive material or any other article or things, which may constitute a danger, nuisance or annoyance to the demised or surrounding premises or the owners or occupiers thereof.</span><br /><span style="font-family: courier new;">(h) Not to sub-let, transfer, assign or part with the possession of the demised premises or any part thereof.</span><br /><span style="font-family: courier new;">(i) To permit the Lessor, his servants, employees or agents duly authorised by him to enter into and upon the demised premises at all reasonable times for viewing the condition of the demised premises or doing such works or things as may be requisite or necessary for any repairs, alteration, servicing or improvements to the demised premises.</span><br /><span style="font-family: courier new;">(j) To hand over the peaceful possession of the demised premises at the end or the sooner determination of the said term together with all the Lessor's fixtures and fittings in as good condition as received, fair wear and tear, damage by fire, acts of God, riots or other civil commotion, war, enemy action and/or other cause not within the control of the Lessee, being excepted.</span><br /><span style="font-family: courier new;">(k) Not to obstruct or suffer to be obstructed the entrance hall, entrances, doorways, passages, staircase or lifts.</span><br /><span style="font-family: courier new;">(l) To insure and keep the demised premises insured against loss or damages by fire with an insurance company approved in writing by the Lessor for an amount which shall be not less than Rs. .................. unless otherwise agreed to in writing between the parties.</span><br /><span style="font-family: courier new;">(m) To carry minor repairs in the demised premises not exceeding 9 the extent of Rs. 10,000 per year.</span><br /><span style="font-family: courier new;">(n) To replace all broken fittings and fixtures by equally good or better substitutes.</span><br /><br /><span style="font-family: courier new;">3. The Lessor doth hereby covenant with the Lessee as follows:</span><br /><br /><span style="font-family: courier new;">(a) That on the Lessee paying the rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed, shall peaceably and quietly hold, possess and enjoy the demised premises during the term without any interruption, disturbance, claim and demand by the Lessor or any person lawfully claiming under or trust for the Lessor.</span><br /><span style="font-family: courier new;">(b) To keep the interior, exterior of the demised premises, the drainage thereof and the water pump in good and tenable repair and condition.</span><br /><span style="font-family: courier new;">(c) To keep the entrance, door ways, entrance halls, staircases, lobbies and passages in the said building leading to demised premises well and sufficiently cleaned and lighted at his own expenses.</span><br /><br /><span style="font-family: courier new;">4. It is hereby agreed and declared that these presents are on the express condition, that if the rent or any part thereof payable in respect of the demised premises shall be in arrears for a period of two months or by if the Lessee shall omit to perform or observe any covenants or conditions on the lessee's part herein contained, the Lessor may re-enter upon the demised premises provided that the Lessor has served a notice to the Lessee and a period of one month has elapsed after the issue of such notice, the Lessee does not pay the rent or does not perform or observe the covenant or condition and thereupon this demise and all rights of the Lessee hereunder shall determine.</span><br /><br /><span style="font-family: courier new;">IT IS HEREBY EXPRESSLY AGREED BETWEEN THE PARTIES AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">(a) The lessee shall be entitled to erect fittings, fixtures, wooden partitions, cabins or make any such addition or alteration, as may be necessary for its use by the Lessee; provided that the lessee shall remove the said fittings, fixtures, wooden partitions, cabins, additions or alterations and restore the demised premises to the Lessor on the expiry of the term or sooner determination of the lease in the same condition as existed before making such changes.</span><br /><br /><span style="font-family: courier new;">(b) If the Lessor fails to pay the taxes, charges, assessment payable by him, or fails to carry out the necessary repairs and other work which he has to carry out as provided herein, the Lessee may after one month notice in writing, pay, discharge and can out the same at its own cost and the Lessee may set off the same from the rent payable to the Lessor under these presents.</span><br /><br /><span style="font-family: courier new;">5. This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.</span><br /><br /><span style="font-family: courier new;">6. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.</span><br /><br /><span style="font-family: courier new;">7. The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate hereof on the day, month and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">The Schedule I above referred to</span><br /><span style="font-family: courier new;">The Schedule II above referred to</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named lessor ......</span><br /><br /><span style="font-family: courier new;">The common seal of the within named Lessee ..............</span><br /><span style="font-family: courier new;">Pvt. Ltd. was hereunto affixed pursuant to the resolution</span><br /><span style="font-family: courier new;">of its Board of Directors passed on the ..........………….</span><br /><span style="font-family: courier new;">in the presence of Shri ................. and Shri …………..</span><br /><span style="font-family: courier new;">................ Directors who have signed these presents </span><br /><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-78310394843864034402010-06-26T00:43:00.000-07:002010-06-26T00:45:03.162-07:005-LEASE OF A FURNISHED HOUSE FOR RESIDENTIAL PURPOSES<span style="color: rgb(51, 255, 255);font-size:180%;" ><br /><br /><span style="font-weight: bold;font-family:courier new;" > 5-LEASE OF A FURNISHED HOUSE FOR RESIDENTIAL PURPOSES</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >THIS LEASE made at ................ the ................. day of ..............., 2000, between A, son of ................. resident of ................. (hereinafter called 'the Landlord') of the ONE PART and B, son of …............. resident of ................. (hereinafter called 'the Tenant') of the OTHER PART.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >WHEREAS the Landlord is absolutely seized and possessed of or otherwise well and sufficiently entitled to the furnished dwelling house described in the Schedule hereunder written.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >AND WHEREAS at the request of the tenant, the Landlord has agreed to let the said furnished dwelling house to the tenant for a term of ................. years in the manner hereinafter appearing.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >NOW THIS DEED WITNESSETH AS FOLLOWS:</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of the terms and conditions, covenants and agreements herein contained and on the part of the tenant to be observed and performed, the Landlord doth hereby demise unto the tenant all that the furnished dwelling house bearing Municipal No................... ...........Road, ................. City, described in the First Schedule hereunder written with fixtures, fittings and appurtenances TOGETHER WITH the furniture and effects mentioned in Second Schedule, TO HOLD the same unto the tenant for a term of ................. years commencing from the 1st day of .................., 2000, but subject to the earlier determination of this demise as hereinafter provided and paying therefor during the said term the monthly rent of Rs. ................. free and clear of all deductions in advance on or before 5th day of each and every calendar month, the first of such monthly rent shall be paid on the 5th day of ................... and the subsequent to be paid on or before the 5th day of every succeeding month regularly.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >2. The lessee hereby for himself, his heirs, executors, covenants administrators and assigns, agrees to the following covenants:</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >(a) To pay the rent on the days and in the manner as aforesaid;</span><br /><span style="font-weight: bold;font-family:courier new;" >(b) To pay all rates, taxes, assessments, cess and outgoings whatsoever now or hereafter imposed or charged or payable to the State of ................ Municipal Corporation .................. local or any other authority, upon the said dwelling house or any part thereof;</span><br /><span style="font-weight: bold;font-family:courier new;" >(c) To repair and keep the interior of the dwelling house, fixture, fittings, sanitary and water apparatuses therein in tenantable condition throughout the term;</span><br /><span style="font-weight: bold;font-family:courier new;" >(d) To keep the furniture clean and in good repair order and preservation and to make good the damages thereto;</span><br /><span style="font-weight: bold;font-family:courier new;" >(e) To allow the landlord and his agents at all reasonable times to enter upon and examine the condition of the dwelling house and the furniture;</span><br /><span style="font-weight: bold;font-family:courier new;" >(f) If the landlord finds that any repair is necessary to the dwelling house and/or furniture, he shall serve upon the tenant a notice in writing to carry out the repairs in the dwelling house or furniture and the tenant shall carry out the repairs within one month after the service of such a notice;</span><br /><span style="font-weight: bold;font-family:courier new;" >(g) To insure the dwelling house and furniture against loss or damage by fire with an insurance company approved in writing by lessor for an amount which shall not be less than Rs. .................. unless otherwise agreed to in writing between the parties;</span><br /><span style="font-weight: bold;font-family:courier new;" >(h) Not to underlet, assign or part with the possession of the dwelling house and furniture or any part thereof;</span><br /><span style="font-weight: bold;font-family:courier new;" >(i) To use the dwelling house for the purpose of private residence only;</span><br /><span style="font-weight: bold;font-family:courier new;" >(j) To replace all broken fittings, fixtures, sanitary and water apparatuses by equally good or better substitutes;</span><br /><span style="font-weight: bold;font-family:courier new;" >(k) To keep and maintain the premises clean, tidy, healthy, wind and watertight in all seasons;</span><br /><span style="font-weight: bold;font-family:courier new;" >(l) To permit the Landlord during the one month immediately preceding the determination of the term to affix a notice for re-letting the same and to permit during the said one month the dwelling house and the furniture to be viewed at any reasonable times by any prospective tenants;</span><br /><span style="font-weight: bold;font-family:courier new;" >(m) On the expiration or earlier determination of the lease to deliver peaceful and vacant possession of the dwelling house and furniture in its entirety together with all improvements, if any done thereto without any claim for compensation on that account.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >3. The Lessor hereby agrees to the following covenants:</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >(a) The tenant paying the rents and observing and performing the conditions and covenants herein contained, shall quietly and peaceably hold, possess and enjoy the said dwelling house during the said term without any interruption and disturbance by the Landlord or any person claiming under or in trust for him.</span><br /><span style="font-weight: bold;font-family:courier new;" >(b) To keep all the external parts of the dwelling house in tenantable repair.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >4. It is hereby agreed between the parties as follows:</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >(a) If the monthly rent or any part thereof payable in the manner hereinbefore mentioned shall be in arrears for a period of three months or if any of the covenants and stipulations herein contained and on the part of the tenant to be observed and performed shall not be so observed and performed by the tenant, then in such event the Landlord or any person or persons duly authorised by him in that behalf at any time may terminate the tenancy and may enter into and upon the dwelling house provided that the tenancy shall not be terminated and no re-entry shall be made under the foregoing power, unless and until the Landlord shall have given to the tenant a notice in writing specifying the arrears of rent which is required to be paid or specifying the covenants and conditions or stipulations which require to be complied with or carried out and the tenant has failed to pay the arrears of rent or comply with or carry out the same within one month from the date of the receipt of such notice.</span><br /><span style="font-weight: bold;font-family:courier new;" >(b) If at any time the dwelling house or the furniture or any part thereof shall be rendered unfit for occupation or use by reason of any damage; not due to default of the tenant, the landlord shall reinstate the same at his own expenses and with all convenient speed.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >5. Until the Landlord and the tenant shall otherwise advise each other in writing, their addresses for service of all notices and other communications shall be as under:</span><br /><span style="font-weight: bold;font-family:courier new;" >(a) For the Landlord : ………………………………………………………</span><br /><span style="font-weight: bold;font-family:courier new;" >(b) For the Tenant : ………………………………………………………</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >6. This Lease Deed shall be executed in duplicate. The original shall be retained by the Landlord and the duplicate by the tenant.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the tenant.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >8. The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >IN WITNESS WHEREOF, the Landlord and the tenant have put their respective hands on the original and duplicate thereof the day, month and year first hereinabove written.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >The First Schedule above referred to</span><br /><span style="font-weight: bold;font-family:courier new;" >Description of the dwelling house)</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >The Second Schedule above referred to</span><br /><span style="font-weight: bold;font-family:courier new;" >(List of furniture and effects)</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >Signed and delivered by the within named Landlord A</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >Signed and delivered by the within named Tenant B</span><br /><span style="font-weight: bold;font-family:courier new;" >WITNESSES;</span><br /><span style="font-weight: bold;font-family:courier new;" >1.</span><br /><br /><span style="font-weight: bold;font-family:courier new;" >2</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-72455922188680191572010-06-26T00:42:00.000-07:002010-06-26T00:43:33.421-07:006-TENANCY IN THE FORM OF LETTER BY THE PERSON<span style="color: rgb(51, 255, 255); font-family: courier new; font-weight: bold;font-size:180%;" ><br />6-TENANCY IN THE FORM OF LETTER BY THE PERSON<br />PROPOSING TO TAKE PREMISES ON RENT<br /><br />Shri ..................................<br />.........................................<br /><br />Dear Sir,<br /><br />Tenancy of Bungalow No. ................. on ................. Road ................. Regarding .............................................<br /><br />1. Please refer to your Advertisement dated ................. in the Times of India (Delhi issue) and further correspondence and negotiations regarding the taking of captioned bungalow.<br /><br />2. I am willing to take on rent the Bungalow No. .................. situated at ................. Road on the following terms/conditions:<br /><br />(i) That the rent for the said bungalow will be Rs. ................. per month payable by 10th of each succeeding month to which it relates.<br />(ii) That the tenancy will be for a period of 11 months from the date on which the possession of the said bungalow is given to me with an option to me to renew the same for such further period(s) not exceeding eleven months on the same terms and conditions.<br />(iii) That I shall be liable to pay ground rent, municipal and other existing or future, whether payable by the Landlord or the tenant relating to the said bungalow.<br />(iv) That I shall bear the charges for electricity consumed in the said bungalow for fans, lights, A.C., and other electrical appliances. I shall also bear the charges for water.<br />(v) I shall keep the said bungalow in proper state of repairs.<br />(vi) I shall not sub-let, assign or part with possession of the said bungalow or any part thereof without your previous consent in writing.<br />(vii) I shall keep the electric fans, A.C., tube lights, bulbs, sanitary fittings, wash basins, sink, glass panes and other fixtures and fittings in the bungalow in proper working order and shall replace the same with equipment and material of the same specifications.<br />(viii) On the expiry of the lease period, 1 shall vacate the bungalow.<br />(ix) The tenancy is liable to be terminated before the expiry of the term of the tenancy by one month notice thereof to the other party.<br /><br />If you accept the above terms and conditions, please deliver the possession of the said bungalow to me at an early date.<br /><br />Yours faithfully,<br /><br />..................................<br /><br />Address ..................................<br />Date: ………........ ..................................<br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-56876163766477648682010-06-26T00:41:00.000-07:002010-06-26T00:42:13.392-07:007-DEED OF SURRENDER OF LEASE<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><br /><span style="font-family: courier new;"> 7-DEED OF SURRENDER OF LEASE</span><br /><br /><span style="font-family: courier new;">THIS DEED of Surrender is made at ................. the ................. day of ................., 2000, BETWEEN A, son of ................. resident of ...............……….. hereinafter called "The Lessee") of the ONE PART and B, son of ................. resident of ................. (hereinafter called "The Lessor") of the OTHER PART.</span><br /><br /><span style="font-family: courier new;">WHEREAS by a Deed of Lease made at 0................. on ................. day of ................., 2000, between the Lessor of the ONE PART and the Lessee of the OTHER PART (which lease deed has been registered with the Sub-Registrar of Assurances at ................. on the ........... th day of ..............., 2000, as Document No. ................. in Book No. ................. Volume No. ................. at pages No................ to ................. and is hereinafter called the Lease Deed), the Lessor demised unto the Lessee the land and premises described in the Schedule to the said Lease Deed (being the same as described in the Schedule hereunder written), hereinafter called the "demised premises" for a period of ................. years commencing from ................. at a monthly rent of Rs. ............... on the terms and conditions as set out in the said Lease Deed.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the lessor proposes to develop the demised premises by constructing buildings thereon consisting of flats and then to sell the said flats to the prospective flat purchasers on ownership basis and has requested the Lessee to surrender the demised premises, which the lessee has agreed to do so in the manner hereinafter appearing.</span><br /><br /><span style="font-family: courier new;">NOW THIS DEED WITNESSETH THAT in pursuance of the said agreement and in consideration of the sum of Rs. ................. (Rupees .........…………………………………........ ), (the receipt whereof the Lessee hereby acknowledges), the Lessee as beneficial owner hereby surrender and assign and quit claim to the demised premises demised by the said Lease Deed unto and to the use of the Lessor TO HOLD the demised premises unto the Lessor for all the unexpired lease term and interest created by the said lease Deed TO the intent that the same terms and interests may merge and be extinguished in the reversion which was immediately expectant thereon before the execution of this Deed AND THE LESSEE hereby covenants and declares that he has not done any Covenants act, deed or thing whereby or by means whereof he is in any way prevented from surrendering the demised premises from the said lease.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands the day and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">The Schedule above referred to</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named lessee A</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named lessor B</span><br /><span style="font-family: courier new;">WITNESSES;</span><br /><span style="font-family: courier new;">1.</span><br /><br /><span style="font-family: courier new;">2.</span><br /><br /><span style="font-family: courier new;">Received from the Lessor B a sum of Rs................. (Rupees …………….................................... only) being the full consideration payable to me under these presents.</span><br /><br /><span style="font-family: courier new;">I say received.</span><br /><span style="font-family: courier new;">(A)</span><br /><span style="font-family: courier new;">Lessee</span><br /><br /><span style="font-family: courier new;">WITNESSES;</span><br /><span style="font-family: courier new;">1.</span><br /><br /><span style="font-family: courier new;">2.</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-51143599696363604422010-06-26T00:40:00.000-07:002010-06-26T00:41:18.493-07:008-DEED OF RENEWAL OF LEASE<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><span style="font-family: courier new;"> 8-DEED OF RENEWAL OF LEASE</span><br /><br /><span style="font-family: courier new;">THIS DEED of Renewal of Lease made at ................. this ........... day of ................., 2000, BETWEEN A, son of ................. aged about ................. years residing at ................. (hereinafter referred to as the 'Lessor', which expression shall include, unless excluded by or repugnant to the context, his heirs, executors, administrators, successors and assigns) of the ONE PART and B, son of ................. aged about ............ years residing at ................. (hereinafter referred to as the "Lessee", which expression shall, unless excluded by or repugnant to the context, include his heirs, executors, administrators, successors and assigns) of the OTHER PART.</span><br /><br /><span style="font-family: courier new;">WHEREAS by a Deed of Lease dated ................. made at ................ BETWEEN the Lessor on the ONE PART and the Lessee on the OTHER PART (which is registered with the Sub-Registrar of Assurances at ..................... at No . ................. in Book No. ................. and Volume No. ............... pages ................. to .............. and hereinafter referred to as "the said principal deed") the lessor demised unto the Lessee all that the said Bungalow situated at No. ................. together With two garages attached thereto for a term of ....... years commencing from ................. with an option to the Lessee to renew the said lease for a further period or periods not exceeding ........ years in the aggregate in the manner thereunder provided and subject to the Lessee continuing to pay the same monthly rent of Rs. ........... as stipulated therein and observing the other terms, conditions and covenants as set out therein.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS Clause 5(i) of the said principal deed provides that the Lessor will, on the written request of the lessee made two calendar months before the expiration of the term of the lease granted under the said principal deed, grant to the Lessee a renewal of the said lease of the demised premises, as mentioned hereinabove.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS In pursuance of the aforesaid clause of the said principal deed, the Lessee had exercised his option for renewal of the said lease by his letter dated .................. for a further period of two years from ............... to ................. on the same terms and conditions as are contained in the said principal deed.</span><br /><br /><span style="font-family: courier new;">NOW, THEREFORE, THIS INDENTURE witnesseth that in the premises the LESSOR hereby grants a renewal of the said lease of the demised premises more particularly described in the First Schedule hereunder written TOGETHER with the fixtures and fittings belonging to the lessor in or upon the demised premises which are described in the Second Schedule hereunder written (which the said First and Second Schedules are the same as the First and Second Schedules written in the said principal deed) for a further period of two years from .............. to ............. on the same terms, conditions, covenants and provisions as are contained in the said principal deed.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF the lessor and the Lessee have executed these presents and the duplicate hereof on the date and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">The 1st schedule above referred to</span><br /><br /><span style="font-family: courier new;">The bungalow is bounded:-</span><br /><span style="font-family: courier new;">On the North by Building of Shri .......................</span><br /><span style="font-family: courier new;">On the South by Building of Shri .......................</span><br /><span style="font-family: courier new;">On the East by Road leading to Main Road</span><br /><span style="font-family: courier new;">On the West by Road and Open Park</span><br /><br /><span style="font-family: courier new;">The second schedule above referred to</span><br /><br /><span style="font-family: courier new;">Main items of fixtures and fittings in the bungalow are as under :-</span><br /><br /><span style="font-family: courier new;">Nos.</span><br /><span style="font-family: courier new;">(i) Ceiling fans 12</span><br /><span style="font-family: courier new;">(ii) Wardrobes 6</span><br /><span style="font-family: courier new;">(iii) Almirah with shutters 4</span><br /><span style="font-family: courier new;">(iv) Wash basins 7</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named A</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named B</span><br /><span style="font-family: courier new;">WITNESSES;</span><br /><span style="font-family: courier new;">1.</span><br /><br /><span style="font-family: courier new;">2.</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-29832493054347041282010-06-26T00:39:00.000-07:002010-06-26T00:40:21.071-07:009-TRIPARTITE LEASE AGREEMENT BETWEEN LESSOR, LESSEE<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family: courier new;"> 9-TRIPARTITE LEASE AGREEMENT BETWEEN LESSOR, LESSEE</span><br /><span style="font-family: courier new;">AND THE GUARANTOR</span><br /><br /><span style="font-family: courier new;">THIS AGREEMENT of Lease made at .................... this .................. day of ................, 2000, between ABC Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at .................... (hereinafter referred to as "the lessor") of the FIRST PART and XYZ Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ................... (hereinafter referred to as "the lessee") of the SECOND PART and M, son of .................... resident of ..................... (hereinafter referred to as "the Guarantor") of the THIRD PART.</span><br /><br /><span style="font-family: courier new;">WHEREAS on the request made by the Lessee, the Lessor has agreed to purchase the equipment, more particularly described in the Schedule hereto (hereinafter referred to as "the Equipment") at the price mentioned in the proposal form signed by the Lessee.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessee has offered to take the equipment so purchased by the lessor.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Guarantor has agreed to stand surety for the payment of lease rentals and observance and performance of covenants, stipulations and terms and conditions of this agreement.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessor has agreed to purchase and lease the said equipment to the Lessee upon the terms and conditions hereinafter appearing.</span><br /><br /><span style="font-family: courier new;">NOW IT IS HEREBY AGREED AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">1. In pursuance of the said agreement and in consideration of the lease rent hereby reserved and of the covenants, stipulations and terms and conditions herein contained and on the part of the lessee to be observed and performed, the Lessor doth hereby grant the lease of the equipment unto the Lessee upon the terms and conditions hereinafter mentioned for the term of ............... years commencing on the .................... day of ...................., 2000.</span><br /><br /><span style="font-family: courier new;">2. The Lessee shall pay to the Lessor lease rent at the rates on the days and in the manner specified in the Schedule hereunder written without deduction or abatement in advance on the 1Oth day of each calendar month, the first such payment to be made on the .................... day of .................... and if the lease rent is not paid on the due dates, the Lessee shall pay interest thereon at the rate of .................... % per month from the due date till payment.</span><br /><br /><span style="font-family: courier new;">3. The equipment shall be delivered to the Lessee by the manufacturer at the Lessee's factory at the address specified in the Schedule and the Lessor will not be liable for any loss or damage caused to the equipment before or in the process of transportation or delivery of the equipment.</span><br /><br /><span style="font-family: courier new;">4. The Lessee acknowledges, declares and agrees that:</span><br /><br /><span style="font-family: courier new;">(i) the equipment is of a size, design, capacity and manufacture selected by the Lessee;</span><br /><span style="font-family: courier new;">(ii) the Lessee has selected the equipment and the manufacturer based on its own judgment;</span><br /><span style="font-family: courier new;">(iii) the Lessor is not the manufacturer or supplier of the equipment and it has not made any representations or statement about the equipment and the Lessee disclaims any reliance on the statement made by the Lessor, if any relating to the equipment;</span><br /><span style="font-family: courier new;">(iv) the Lessee has not given any warranties express or implied on to any matter whatsoever including the condition, fitness or merchantability of the equipment or suitability of the same for any purpose;</span><br /><span style="font-family: courier new;">(v) the Lessor will not be liable to the lessee for any liability, claim, loss, damage or expenses of any kind or nature whatsoever arising from the leasing, installation, use or operation of the equipment or its failure to operate or perform or otherwise howsoever.</span><br /><br /><span style="font-family: courier new;">5. The lessee shall throughout the said term:</span><br /><br /><span style="font-family: courier new;">(i) Pay the lease rentals and other amounts regularly and punctually payable hereunder.</span><br /><span style="font-family: courier new;">(ii) Keep and maintain the equipment in good and substantial repair and condition (fair wear and tear excepted) and in case the equipment is required to be repaired, to get the equipment repaired by the person, firm or body nominated by the lessor and in the event of the lessee failing to do so, the lessor shall be entitled to take possession of the equipment and get the equipment repaired and in such case the lessee will forthwith repay to the lessor the full cost of repairs incurred by the lessor.</span><br /><span style="font-family: courier new;">(iii) Install, use and operate the equipment properly and carefully and in conformity with the instructions given by the manufacturer in this behalf.</span><br /><span style="font-family: courier new;">(iv) To pay or cause to be paid all rates, taxes, licence fees, duties, surcharges, registration charges and other outgoings payable in respect of the equipment, or its installation, use or operation thereof or in respect of the premises where the equipment may be placed or kept for the time being and on demand produce the receipts thereof to the lessor or his authorised representatives and in case of failure by the lessee to pay the rates, taxes, etc., the lessor shall be at liberty (but not bound) to make all or any of such payments and to recover the amount thereof from the lessee forthwith.</span><br /><span style="font-family: courier new;">(v) Keep the equipment at all times in its possession and control at the location shown herein viz. .................... and will not remove the said equipment therefrom without the prior written consent of the lessor.</span><br /><span style="font-family: courier new;">(vi) Not cause or permit affixation of equipment to any immovable property.</span><br /><span style="font-family: courier new;">(vii) Insure and keep the equipment insured during the term of the lease, at its own cost, in the name of the lessor against loss or damage by theft, fire, accident, and other risks and on such terms as the lessor may require with …………………………………………………….. company Ltd. for an amount equal to the full value of the equipment, in the event of the lessee failing to insure, the lessor may do so and recover the cost thereof from the lessee forthwith. The Lessee shall pay the insurance premiums and shall hand over the policies of insurance and receipts of payment of premiums to the lessor.</span><br /><span style="font-family: courier new;">(viii) Not to make any alteration, addition or improvement in equipment without the prior written consent of the lessor and any alteration, addition or improvement when made to the equipment shall be deemed to be part and parcel of the equipment owned by and belonging to the lessor.</span><br /><span style="font-family: courier new;">(ix) To permit lessor and all persons authorised by it at all reasonable times to enter upon the premises where the equipment is placed or kept for the time being in force and to inspect and examine the condition of the equipment.</span><br /><span style="font-family: courier new;">(x) Obtain all necessary licences, permissions, etc. for the use and operation of the equipment and not to use the equipment in contravention of the terms and conditions of such licences, permissions, bye-laws or regulations of any local or statuary authority for the time being in force.</span><br /><span style="font-family: courier new;">(xi) To indemnify and keep indemnified the lessor against any claim, demand, liabilities, proceedings or expenses, brought, filed or incurred against him relating to the transportation, delivery, operation or use of the equipment including injuries to or death of persons arising from or pertaining to the transportation possession, installation, operation or use of the equipment.</span><br /><br /><span style="font-family: courier new;">6. The lessee acknowledges, declares and confirms that it holds the equipment as a mere bailee and the lessor is and will be having sole and exclusive right, title and interest in the equipment and the lessee will affix or place plate or makings on the equipment indicating the lessor’s title and therein.</span><br /><br /><span style="font-family: courier new;">7. (i) If the equipment or any part thereof is lost, destroyed or damaged, the lessee shall notify you the same to the lessor and receive the moneys from the insurance company and hold the same on trust for the lessor and pay or apply the same as directed by the lessor.</span><br /><br /><span style="font-family: courier new;">(ii) If in the opinion of the lessor, the equipment is lost, stolen or damaged to such extent, which is incapable of repair; the insurance money will be applied to make good the damages under the insurance policies.</span><br /><br /><span style="font-family: courier new;">(iii) If in the opinion of the lessor. the equipment can be repaired then the insurance monies shall be applied in repairing or replacing the equipment with similar type and quality and in such an event the replaced equipment shall be held by the lessee under the terms of this lease.</span><br /><br /><span style="font-family: courier new;">(iv) Save as provided in above sub-clauses, the loss, theft or destruction of or damage to the equipment shall not affect the continuance of the lease and the lessee will continue to be liable to pay lease rentals in respect of the equipment.</span><br /><br /><span style="font-family: courier new;">8. If the lessee-</span><br /><span style="font-family: courier new;">(i) fails to pay lease rentals or part thereof or any other payments payable hereunder for a period of one month; or</span><br /><span style="font-family: courier new;">(ii) fails to effect insurance of the equipment or fails to pay insurance premiums as and when due or fails to reimburse the same to the lessor if paid by him; or</span><br /><span style="font-family: courier new;">(iii) sells, mortgage, charge, demise, sub-let or otherwise dispose of or tries to sell, mortgage, charge, demise, sub-let or otherwise dispose of the equipment; or</span><br /><span style="font-family: courier new;">(iv) fails to perform or observe its covenants, stipulations, terms and conditions, to be performed or observed by the lessee under this lease deed or in any other document executed by the lessee in connection herewith and such failure or breach continues for a period of one month after service of written notice to the lessee; or</span><br /><span style="font-family: courier new;">(v) pass a resolution of winding-up or have a petition for winding- up presented against or if a receiver shall be appointed of the whole or part of the assets, properties or undertakings of the lessee or shall compound with or enter into any composition with its creditors;</span><br /><span style="font-family: courier new;">(vi) do or suffer any act or thing or omits to do or suffer any act or thing, in consequence of which the equipment may or is likely to be distrained, endangered, attached or taken execution under any legal process or by any public authority.'</span><br /><span style="font-family: courier new;">(vii) if any judgment or order against the lessee shall remain unsatisfied for more than fourteen days;</span><br /><span style="font-family: courier new;">(viii) if he abandons the equipment.</span><br /><br /><span style="font-family: courier new;">Then and on the occurrence of any such event it shall be lawful for the lessor to terminate this agreement, without prejudice to any action that it may take against the lessee for any right or remedy under this agreement or otherwise at law or to exercise all or any of the following rights or remedies viz:</span><br /><span style="font-family: courier new;">(i) to take possession of the equipment and for that purpose enter upon any premises where the equipment is or is believed by the lessor to be for the time being situated and detach and dismantle the equipment;</span><br /><span style="font-family: courier new;">(ii) sell, transfer, assign, lease or dispose of the equipment or part</span><br /><span style="font-family: courier new;">thereof by public or private sale with or without notice to the</span><br /><span style="font-family: courier new;">lessee;</span><br /><span style="font-family: courier new;">(iii) require the lessee to pay to the Lessor all sums due and payable under this lease, interest on the due lease, rentals, liquidated damages for loss of a bargain and not as a penalty and other expenses incurred by the lessor due to termination of the lease before the term of the lease;</span><br /><span style="font-family: courier new;">(iv) exercise any other right or remedy available to the lessor under</span><br /><span style="font-family: courier new;">any law for the time being in force.</span><br /><br /><span style="font-family: courier new;">It is hereby declared that the lessee shall also be liable to pay all legal fees, costs and expenses incurred by the lessor from the foregoing defaults or the exercise of the lessors' remedies and the remedies referred to above are not intended to be exclusive, but shall be cumulative and shall be in addition to any other remedy available to the lessor under any law for the time being in force.</span><br /><br /><span style="font-family: courier new;">9. Any express or implied waiver, by the lessor of any default shall not constitute a waiver of any default by the lessee or waiver of any of the lessor's right. The lessor shall not be deemed to have waived any of the lessor's rights or any provision of this agreement or any notice given hereunder unless such waiver be provided in writing by lessor.</span><br /><br /><span style="font-family: courier new;">10 If the lessee having paid all lease rentals and other amounts payable under the lease deed and observed and performed all the covenants, stipulations, terms and conditions, shall desire to renew this lease and shall give notice of such desire not less than .................... months prior to the expiration of the term hereby granted, the lessor shall grant renewal of the lease for a further period of .................... years commencing on the date of expiration of this lease on the same terms and conditions as those herein contained including the right of renewal, but at a lease rental of Rs........... per month.).</span><br /><br /><span style="font-family: courier new;">11. Upon expiry of the lease term hereby granted or renewal hereof or sooner determination in terms of this lease deed, the lessee shall at its own cost forthwith deliver or cause to be delivered the equipment to the lessor at such place as may be intimated by the lessor to the lessee.</span><br /><br /><span style="font-family: courier new;">12. Time shall be the essence of this agreement in so far it relates to the observance or performance of all or any of its obligation, covenants or liabilities hereunder by the lessee.</span><br /><br /><span style="font-family: courier new;">13. During the term of this lease, the lessee shall submit its Balance Sheet and Profit and Loss Account as and when they are ready and other information, reports and statements as may be required by the lessor.</span><br /><br /><span style="font-family: courier new;">14. This agreement is personal to the lessee and it shall not transfer, assign or otherwise dispose of its rights or obligations hereunder.</span><br /><br /><span style="font-family: courier new;">15. The Guarantor hereby guarantees the payment of lease rentals and other moneys payable by the lessee to the lessor under these presents and observance and performance of the covenants, stipulations, terms and conditions by the lessee. The Guarantor also hereby agrees to pay on demand any money due or which becomes payable under this agreement and not paid by the lessee. The guarantor hereby further agrees that any time granted to the lessee or any indulgence shown to him in respect of this agreement shall not prejudice the lessor's right or relieve the guarantor from his guarantee, which shall be a continuing guarantee and his liability will be coextensive with that of the lessee and it will not be necessary for the lessor to serve any notice to the guarantor for any default committed by the lessee or any concession, or indulgence shown by the lessor to the lessee.</span><br /><br /><span style="font-family: courier new;">16. The lessor hereby assigns to the lessee the right of warranties provided by the manufacturer of the equipment and the lessee shall be entitled to make any claim for any defect or deficiency, for any breach of condition or warranty directly against the manufacturer and for this purpose if the lessee requests to the lessor, the lessor shall authorise the lessee for enforcing due performance of any warranties or performance guarantees relating to the equipment.</span><br /><br /><span style="font-family: courier new;">17. All disputes, questions, differences and claims whatsoever arising from this agreement between the parties and/or /their successors or assigns touching these presents or any right or liability arising from these presents shall be referred to the arbitration of two arbitrators, one to be appointed by each party and such reference shall be deemed to be reference under and subject to the provisions of Arbitration Act, 1940 or any statutory modification or re-enactment thereof for the time being in force and arbitration proceedings will be held at ....................</span><br /><br /><span style="font-family: courier new;">18. Any notice or letter required to be given herein shall be given to the parties hereto in writing by Registered Post Acknowledgment Due at the addresses above mentioned or such other address as the parties may hereafter substitute by notice in writing to the other parties.</span><br /><br /><span style="font-family: courier new;">19. All prior agreements or arrangements whether oral or written between the parties or relating to the lease of the equipment by the lessor to the lessee shall be deemed to be cancelled and superseded by this agreement.</span><br /><br /><span style="font-family: courier new;">20. This lease deed shall be executed in triplicate. The original shall be retained by the lessor, duplicate by the lessee and triplicate by the guarantor.</span><br /><span style="font-family: courier new;">21. The stamp duty and all other expenses in respect of this lease deed and duplicate thereof shall be borne and paid by the lessee. (22) The headings to the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.</span><br /><br /><span style="font-family: courier new;">22. It is hereby agreed between the parties that this agreement shall be subject to the exclusive jurisdiction of the City Civil Court at .....................</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF the parties hereto have executed these presents and duplicate and triplicate copy thereof on the day and year hereinabove written.</span><br /><br /><span style="font-family: courier new;">The Schedule above referred to</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named ABC Co. Ltd.,</span><br /><span style="font-family: courier new;">the lessor by the hands of Shri .....................</span><br /><span style="font-family: courier new;">Managing Director thereof</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named XYZ Co. Ltd.,</span><br /><span style="font-family: courier new;">the lessee by the hands of Shri ............... Managing</span><br /><span style="font-family: courier new;">Director thereof</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the within named M, the guarantor</span><br /><br /><span style="font-family: courier new;">WITNESSES;</span><br /><span style="font-family: courier new;">1.</span><br /><br /><span style="font-family: courier new;">2.</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-56627188898820742602010-06-26T00:38:00.000-07:002010-06-26T00:39:11.991-07:0010-AGREEMENT FOR LETTING FURNISHED DWELLING HOUSE OR FLAT<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><span style="font-family: courier new;"> 10-AGREEMENT FOR LETTING FURNISHED DWELLING HOUSE OR FLAT</span><br /><span style="font-family: courier new;">ON SHORT PERIOD TENANCY</span><br /><br /><br /><span style="font-family: courier new;">Date; ……………………, 2000</span><br /><br /><span style="font-family: courier new;">Parties ;</span><br /><span style="font-family: courier new;">1. The Landlord ........... ..... of the One Part</span><br /><span style="font-family: courier new;">2. The Tenant ................... of the Other Part</span><br /><br /><span style="font-family: courier new;">Details of Property;</span><br /><span style="font-family: courier new;">The dwelling house (or Flat ) situated at …………………………..</span><br /><br /><span style="font-family: courier new;">Together with the Fixtures Furniture and Effects therein and more particularly specified in the Inventory thereof signed by the parties.</span><br /><br /><span style="font-family: courier new;">Term;</span><br /><span style="font-family: courier new;">A term certain of ......... months/year(s) from ......... , 2000 to …………, 2000</span><br /><br /><span style="font-family: courier new;">Rent ;</span><br /><span style="font-family: courier new;">Rs .......... per English calendar month payable In advance every month, first payment to be made on the ......... day of ....... next ............</span><br /><br /><span style="font-family: courier new;">1. The Landlord lets and the Tenant takes the Property above mentioned on the term and at the rent payable as above mentioned</span><br /><br /><span style="font-family: courier new;">2. Where the context admits -</span><br /><br /><span style="font-family: courier new;">(a) "The Landlord" includes the persons for the time being entitled in reversion expectant on the tenancy.</span><br /><br /><span style="font-family: courier new;">(b) "The Tenant" includes the persons deriving title by succession under the Tenant.</span><br /><br /><span style="font-family: courier new;">(c) Reference to the Property includes reference to any part or parts of the said Property and to the Fixtures, Furniture, and Effects or any of them.</span><br /><br /><span style="font-family: courier new;">3. The Tenant will -</span><br /><br /><span style="font-family: courier new;">(a) pay the rent at the times and In the manner specified.</span><br /><br /><span style="font-family: courier new;">(b) pay for all gas and electric light and power which shall be consumed or supplied on or to the Property during the tenancy and the amount of the water rate charged In respect of the property during the tenancy and the amount of all charges made for use of the telephone (if any ) on the Property during the tenancy or a proper proportion of the amount of the rental or other recurring charges to be assessed according to the duration of the tenancy.</span><br /><br /><span style="font-family: courier new;">(c) not to damage or injure the property or make any alteration in or addition to it.</span><br /><br /><span style="font-family: courier new;">(d) preserve the fixtures, furniture and effects from being destroyed or damaged and not to remove any of them from the property.</span><br /><br /><span style="font-family: courier new;">(e) yield up the property at the end of the tenancy in the same clean state and condition as It was in the beginning of the tenancy and make good or pay for the repair of or replace all such items of the fixtures. furniture and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and damage by fire excepted )</span><br /><br /><span style="font-family: courier new;">(f) leave the furniture and effects at the end of the tenancy In the rooms or places in which they were at the beginning of the tenancy.</span><br /><br /><span style="font-family: courier new;">(g) pay for the washing (including Ironing or pressing) of all linen and for the washing and cleaning (including Ironing and pressing) of all counterpanes, blankets and curtains which shall have been spoiled during the tenancy (the reasonable use thereof nevertheless to be allowed for).</span><br /><br /><span style="font-family: courier new;">(h) permit the Landlord or the Landlord's agents at reasonable hours in the daytime to enter the property to view the state and condition thereof.</span><br /><br /><span style="font-family: courier new;">(i) not to sublet or part with possession of the property without the previous consent in writing of the Landlord not to carry on, on the property any profession trade or business or receive paying guests on the property or place or exhibit any notice board or notice on the property or use the Property for any other purpose than that of a strictly private residence</span><br /><br /><span style="font-family: courier new;">(j) not to do or suffer to be done on the property anything which may be or become a nuisance or annoyance to the Landlord or the Tenants or occupiers of any adjoining premises or which may vitiate any Insurance of the property against fire or otherwise or increase the ordinary premium for such Insurance.</span><br /><br /><span style="font-family: courier new;">4. Provided that. if the rent or any Instalment or part thereof shall be in arrear for at least fourteen days after the same shall have become due (whether legally demanded or not) or if there shall be a breach of any of the said agreements by the Tenant the Landlord may re-enter on the property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the Landlord.</span><br /><br /><span style="font-family: courier new;">5. The Landlord agrees with the Tenant as follows –</span><br /><br /><span style="font-family: courier new;">(1) To pay and Indemnify the tenant against all rates assessments and outgoing in respect of the property (except the water rate and except charges for the supply of gas or electric light and power or the use of any telephone).</span><br /><span style="font-family: courier new;">(2) That the Tenant, paying the rent and performing the agreements on the part of the tenant, may quietly possess and enjoy the property during the tenancy without any lawful interruption from the Landlord or any person claiming under or in trust for the Landlord.</span><br /><span style="font-family: courier new;">(3) To return to the Tenant any rent payable for any period while the property is rendered uninhabitable by fire, the amount in case of dispute to be settled by arbitration.</span><br /><br /><span style="font-family: courier new;">6. This Agreement shall take effect subject to the provisions of ..... Rent Act.</span><br /><br /><span style="font-family: courier new;">AS WITNESS the hands of the parties have been put hereto the day and year first above written</span><br /><br /><span style="font-family: courier new;">Signed by the above-named Landlord . . . . . . . .</span><br /><span style="font-family: courier new;">in the presence of</span><br /><br /><span style="font-family: courier new;">Signed by the above ....... named Tenant ...........</span><br /><span style="font-family: courier new;">in the presence of .........</span><br /><br /><span style="font-family: courier new;"> </span><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-51964020929862906102010-06-26T00:37:00.000-07:002010-06-26T00:38:15.943-07:0011-AGREEMENT TO LEASE FOR A LONG PERIOD<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><br /><span style="font-family: courier new;"> 11-AGREEMENT TO LEASE FOR A LONG PERIOD</span><br /><br /><span style="font-family: courier new;">AGREEMENT TO LEASE is made at ........ this ........ day of ... .... between Mr. A of ....... hereinafter referred to as 'the Lessor' of the One Part and Mr. B ........ of ....... hereinafter referred to as the 'Lessee' of the Other Part.</span><br /><br /><span style="font-family: courier new;">WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the piece of land situated at ..... and more particularly described in the Schedule hereunder written.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessee has approached the Lessor with a request to grant a long lease of the said land with a view to construct a building or other structure thereon either for letting out the same or any part thereof or for carrying on business therein and which the Lessor has agreed to do on the following terms and conditions agreed to between the parties.</span><br /><br /><span style="font-family: courier new;">NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">1. The Lessor agrees to demise to the Lessee and the Lessee agrees to take on lease the said piece of land situated at ..... and more particularly described in the Schedule hereunder written for a period of 99 years commencing from the date of the deed of lease to be executed as hereinafter mentioned at the yearly rent of Rs . ..... to be paid in advance from the commencement of the lease without any deductions.</span><br /><br /><span style="font-family: courier new;">2. The rent shall be exclusive of the taxes, assessments, dues and duties payable in respect of the said land and the building or buildings to be constructed thereon, to the Government or the Municipal Corporation or any other local authority or public body and which taxes etc. will be payable by the Lessee as and when they become due and payable.</span><br /><br /><span style="font-family: courier new;">3. The Lessor shall make out a marketable title to the said piece of land free from all encumbrances and claims or reasonable doubts.</span><br /><br /><span style="font-family: courier new;">4. The Lessor shall produce or cause to be produced to the Lessee or his Advocate all documents of title in his possession or power for investigation of the title to the said land.</span><br /><br /><span style="font-family: courier new;">5. The Lessee or his Advocate shall send requisitions on title, if any to the Lessor or his Advocate within four weeks from the date of production of the title deeds for inspection as aforesaid failing which the Lessee shall be deemed to have accepted the title of the Lessor.</span><br /><br /><span style="font-family: courier new;">6. On the Lessor making out a marketable title as aforesaid or the Lessee accepting the title, but not otherwise, the Lessor shall grant a lease of the said piece of land by executing a Deed of lease in duplicate for the said period and at the said rent.</span><br /><br /><span style="font-family: courier new;">7. The Deed of Lease will contain usual covenants to be given by the Lessee and Lessor and other usual terms and conditions provided that there will be no restriction on the Lessee's right to assign the lease and the Deed of Lease will also contain a condition that on the determination of the Lease by efflux of time or otherwise, the Lessee will surrender the land to the lessor alongwith the building or buildings standing thereon without any compensation. The draft of the Deed of Lease will be prepared by the Lessee's Advocate and approved by the Lessor's advocate.</span><br /><br /><span style="font-family: courier new;">8. The transaction will be completed within a period of three months from the date hereof.</span><br /><br /><span style="font-family: courier new;">9. The Lessor shall give complete vacant possession of the land to the Lessee on the date of completion and until then he will not allow anybody to commit encroachment or trespass thereon.</span><br /><br /><span style="font-family: courier new;">10. All the taxes and other outgoing In respect of the said land upto the date of completion of the lease will be paid by the Lessor.</span><br /><br /><span style="font-family: courier new;">11. The costs by way of stamp duty and registration charges in respect of the Deed of Lease will be borne and paid by the parties hereto in equal shares. Each party will bear and pay all other costs incurred by him Including his Advocate's fees.</span><br /><br /><span style="font-family: courier new;">12. The Lessor declares that the said land is not subject to any reservation or any Intended acquisition or requisition and there are no building restrictions on the land.</span><br /><br /><span style="font-family: courier new;">13. The Lessee will be at liberty to construct a building or buildings thereon with all requisite and proper sewers, drains and other conveniences and the building or buildings will be constructed as per plans that will be sanctioned by the municipal corporation and/or other local authority or public body as may be required and he will conform to all rules and regulations in that behalf.</span><br /><br /><span style="font-family: courier new;">14. Nothing in this agreement shall be construed as a present demise of the said land or any part thereof.</span><br /><br /><span style="font-family: courier new;">15. If any permission or No Objection Certificate Is required to be obtained from any authority for granting a lease of the said land as aforesaid the Lessor shall obtain the same at his own costs as a condition precedent to the execution of the Deed of Lease.</span><br /><br /><span style="font-family: courier new;">16. If the Lessor fails to complete the transaction as herein provided, the Lessee will have the option either to cancel this agreement by fifteen days' prior notice to the Lessor to that effect or to sue for specific performance and or damages. If the Lessee fails to complete the transaction, on the Lessor making out a marketable title, the Lessor will have the option to cancel this agreement by fifteen days' prior notice to the Lessee to that effect or to sue for specific performance and/or damages.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">THE SCHEDULE ABOVE REFERRED TO</span><br /><br /><span style="font-family: courier new;">Signed and Delivered by the withinnamed Lessor ........ in the presence of</span><br /><span style="font-family: courier new;">Signed and Delivered by the withinnamed Lessee ........ in the presence of</span><br /><br /><span style="font-family: courier new;"> </span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-1432595637000153732010-06-26T00:36:00.000-07:002010-06-26T00:37:12.435-07:0012-AGREEMENT FOR BUILDING LEASE<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><span style="font-family: courier new;"> 12-AGREEMENT FOR BUILDING LEASE</span><br /><br /><span style="font-family: courier new;">THIS AGREEMENT is made at ....... this ....... day of ....... between Mr. A.. . . residing at ....... hereinafter referred to as 'The Lessor' of the One Part and Mr. B .... residing at ....... hereinafter referred to as The Lessee' of the Other Part;</span><br /><br /><span style="font-family: courier new;">WHEREAS the Lessor is absolutely seized and possessed of a vacant piece of land situate at ....... and more particularly described in the Schedule hereunder written.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessor Is entitled to hold the said land being within the ceiling limit.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessee has requested the Lessor to give the said piece of land on a long lease to enable the Lessee to construct a building partly for his own residence and partly for letting out the same.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessor has agreed to grant a lease of the said plot of land to the Lessee on the following terms and conditions.</span><br /><br /><span style="font-family: courier new;">NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">1. The Lessor agrees to demise and the Lessee agrees to take on lease the said piece of vacant land more particularly described in the Schedule hereunder written for a term of 99 years from the date of the Deed of Lease to be executed as hereinafter mentioned at the yearly rent of Rs. ........ and subject to the terms, conditions and covenants hereinafter contained.</span><br /><br /><span style="font-family: courier new;">2. The Lessor shall make out a marketable title to the said land free from any encumbrances and reasonable doubt.</span><br /><br /><span style="font-family: courier new;">3. The Lessor shall produce the documents of title to the Lessee or his Advocate for inspection and investigation of title to the said land. within eight days from the date hereof.</span><br /><br /><span style="font-family: courier new;">4. The Lessor will allow the Lessee to enter upon the said land, after he Is satisfied with the title of the Lessor for the purpose of constructing a building thereon as hereinafter provided.</span><br /><br /><span style="font-family: courier new;">5. The Lessee agrees and covenants that -</span><br /><br /><span style="font-family: courier new;">(a) He will enter upon the said piece of land for construction of a building only as a licensee until the building is constructed and the Deed of Lease is executed in his favour and till then he "I have no right as a tenant or lessee to the said land.</span><br /><br /><span style="font-family: courier new;">(b) The Lessee will pay all the municipal taxes in respect of the said plot of land and the building to be constructed thereon if any payable until completion of the building and execution of the Deed of Lease.</span><br /><br /><span style="font-family: courier new;">(c) The Lessee shall after entering upon the said land as aforesaid commence and complete a building thereon as per plans to be sanctioned by the ....... Municipal Corporation.</span><br /><br /><span style="font-family: courier new;">(d) The Lessee will get the plans of the Proposed building Prepared by his architect for being submitted to the Municipal Corporation. The Building shall consist of a ground and ....... upper floors and the total built up area will not exceed the F.S.I. available. The construction cost of the said building will not be less than Rs ........ and the Lessee shall use quality building material and specifications on that basis.</span><br /><br /><span style="font-family: courier new;">(e) The Lessee shall not construct any work which will be unauthorised or against the Municipal building rules and regulations.</span><br /><br /><span style="font-family: courier new;">(f) The Lessee shall do the digging work for foundation to the extent necessary and shall not remove and dispose of any earth or gravel from the said land.</span><br /><br /><span style="font-family: courier new;">(g) The Lessee shall not also bring any unnecessary material on the said land.</span><br /><br /><span style="font-family: courier new;">(h) During construction of the building the lessee shall have the property insured against fire and accident.</span><br /><br /><span style="font-family: courier new;">(i) The Lessee shall on completion of the building obtain and produce for the Lessee's inspection the completion certificate of the Municipal Corporation.</span><br /><br /><span style="font-family: courier new;">(j) The building will be constructed at the costs of the Lessee including the fees payable to architects, Surveyors, Engineers, labours etc.</span><br /><br /><span style="font-family: courier new;">(k) The Lessee shall indemnify and keep indemnified the Lessor, against all losses, costs, charges and expenses that the Lessor may suffer or incur due to any claim from any person regarding the said construction or due to any accident or due to breach of any rule and regulation Of the Municipal Corporation or Govt.</span><br /><br /><span style="font-family: courier new;">(l) During construction the Lessee shall take precaution to see that no nuisance or annoyance is caused to the adjoining owners or Occupiers of other properties</span><br /><br /><span style="font-family: courier new;">6. On the completion of the building as aforesaid and the Lessee obtaining the completion certificate, the Lessor shall execute a deed of lease of the said plot of land with the building thereon for a period of 99 years from the date of the lease at the yearly rent of Rs ....... The Deed of Lease will be In the form which has been approved by the parties hereto and a copy thereof is hereto annexed and marked 'A' for Identification.</span><br /><br /><span style="font-family: courier new;">7. For the use and occupation of the said land for construction the Lessee shall pay to the Lessor, a lumpsum of Rs .......... before the execution of the Lease.</span><br /><br /><span style="font-family: courier new;">8. The said building will be constructed and completed within a period of one year from the date hereof provided that, if the work is held up or delayed for any reason beyond the control of the Lessee, the said period shall be extended for such further period as may be expected to be required for completion of the building but not exceeding .... months.</span><br /><br /><span style="font-family: courier new;">9. If the building is not completed within the said period, the Lessor shall have the option to cancel this agreement by one month's prior notice to the lessee and on the cancellation of this agreement the Lessee shall remove all work of construction and hand over vacant possession of the said plot to the Lessor within one month from the date of cancellation unless the Lessor agrees to take over and purchase the construction work and building material at the cost that may be agreed upon between the parties.</span><br /><br /><span style="font-family: courier new;">10. All the costs including stamp duty and registration charges of and Incidental to the Deed of Lease will be borne and paid by the Lessee. The fees of the Lessor's Advocate will be paid by the Lessor.</span><br /><br /><span style="font-family: courier new;">11. The Deed of Lease will be executed in duplicate and one original copy will remain with the Lessee and the other will remain with the Lessor.</span><br /><br /><span style="font-family: courier new;">12. In the event of any dispute arising between the parties hereto in respect of this agreement the same will be referred to arbitration of a common arbitrator If agreed upon, otherwise to two arbitrators one to be appointed by each party and the arbitration will be governed by the Arbitration & Conciliation Act, 1996.</span><br /><br /><br /><span style="font-family: courier new;">The Schedule Above Referred to</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF THE Parties have put their respective hands the</span><br /><span style="font-family: courier new;">day and year first hereinabove written</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the withinnamed Lessor ………....</span><br /><span style="font-family: courier new;">in the presence of ............</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the withinnamed Lessee …………..</span><br /><span style="font-family: courier new;">in the presence of .....……….. </span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-83417703972197869422010-06-26T00:35:00.000-07:002010-06-26T00:36:13.231-07:0013-DEED OF LEASE (FOR A TERM OF YEARS)<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><br /><span style="font-family: courier new;"> 13-DEED OF LEASE (FOR A TERM OF YEARS)</span><br /><br /><br /><span style="font-family: courier new;">THIS DEED OF LEASE is made at ..... this ..... day of ...... between A of ..... hereinafter called 'The Lessor' of the One Part and B also of ..... hereinafter called 'The Lessee' of the Other Part.</span><br /><br /><span style="font-family: courier new;">WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises described in the Schedule hereunder written.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the said land and premises for a term of .... years in the manner hereinafter appearing.</span><br /><br /><span style="font-family: courier new;">NOW THIS DEED WITNESSETH AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of the terms and conditions, convenants and agreements herein contained and on the part of the Lessee to be observed and performed the Lessor doth hereby demise unto the Lessee all that the said land and premises situated at.............…………..and described in the Schedule hereunder written (hereinafter for the brevity's sake referred to as 'the demised premises') to hold the demised premises unto the Lessee (and his heirs, executors, administrators and assigns) for a term of ....... years commencing from the 1st day of ...……….., 2000, but subject to the earlier determination of this demise as hereinafter provided and yielding and paying therefor during the said term the monthly ground rent of Rs ........ free and clear of all deductions and strictly in advance on or before the 5th day of each and every calendar month. the first of such monthly ground rent shall be paid on the 5th day of ....... and the subsequent rent to be paid on or before the 5th day of every succeeding month regularly.</span><br /><br /><span style="font-family: courier new;">2. The Lessee hereby for himself, his heirs, executors, administrators and assigns and to the intent that the obligations herein contained shall continue throughout the term hereby created covenants with the Lessor as follows:</span><br /><br /><span style="font-family: courier new;">(a) To pay the ground rent hereby reserved on the days and in the manner aforesaid clear of all deductions. The first of such monthly rent as hereinbefore provided shall be paid on the 5th of ....... and the subsequent rent shall be paid on the 5th day of every succeeding month regularly and If the-ground rent is not paid on the due dates the Lessee shall pay interest thereon at the rate of ....... % per annum from the due date till payment, though the payment of Interest shall not entitle the Lessee to make default in payment of rent on due dates.</span><br /><br /><span style="font-family: courier new;">(b) To bear pay and discharge the existing and future rates. taxes and assessment duties, cess, impositions, outgoing and burdens whatsoever which may at any time or from time to time during the term hereby created be Imposed or charged upon the demised land and the building or structures standing thereon and on the buildings or structures hereafter to be erected and for the time being standing on the demised land and payable either by the owners, occupiers or tenants thereof and to keep the Lessor and his estate and effects Indemnified against all such payment. The annual Municipal and other taxes at present are Rs…………...</span><br /><br /><span style="font-family: courier new;">(c) To keep the buildings and structures on the demised premises ,in good and tenantable repairs in the same way as the Lessor is liable to do under the law provided that if the Lessee so desires he shall have power to demolish any existing building or structure without being accountable to the Lessor for the building material of such building and structure and the Lessee shall have also power to construct any new buildings in their place.</span><br /><br /><span style="font-family: courier new;">(d) The Lessee shall be at liberty to carry out any additions or alterations to the buildings or structures at present existing on the demised premises or to put up any additional structures or buildings on the demised premises In accordance with the plans approved by the authorities at any time or from time to time during the subsistence of the term hereby created.</span><br /><br /><span style="font-family: courier new;">(e) Not to sell or dispose of any earth, gravel or sand from the demised land and not to excavate the same except so far as may be necessary for the execution of construction work.</span><br /><br /><span style="font-family: courier new;">(f) To use or permit to be used the buildings and structures to be constructed on the demised premises for any and all lawful purposes as may be permitted by the authorities from time to time.</span><br /><br /><span style="font-family: courier new;">3. The Lessor doth hereby covenant with the Lessee that:</span><br /><br /><span style="font-family: courier new;">(a) the Lessor now has in himself good right full power and absolute authority to demise unto the Lessee the demised premises and the buildings and structures standing thereon In the manner herein appearing………..</span><br /><span style="font-family: courier new;">(b) that on the Lessee paying the said monthly ground rent on the due dates thereof and in the manner herein provided and observing and performing the covenants. conditions, and stipulations herein contained and on his part to be observed and performed shall and may peaceably and quietly hold, possess and enjoy the demised premises together with the buildings and structures standing thereon during the term hereby created without any eviction, interruption, disturbance, claim and demand whatsoever by the Lessor or any person or persons lawfully or equitably claiming by, from, under or in trust for him.</span><br /><br /><span style="font-family: courier new;">4. It is hereby agreed and declared that these presents are granted on the express condition that if the said monthly ground rent or any part thereof payable in the manner hereinbefore mentioned shall be An arrears for the space of three months after the same shall have become due and payable on any of the said days wherein the same ought to be paid as aforesaid whether the same shall or shall not be legally demanded or If any of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed shall not be so observed and performed by the Lessee or If the Lessee shall raise an objection to the amount of the monthly ground rent hereby fixed for any reason whatsoever then and in such event it shall be lawful for the Lessor or any person or persons duly authorised by him in that behalf at any time hereafter to enter into and upon the land and premises and the buildings and structures constructed or to he constructed thereon or any part or parts thereof in the name of the whole and the same to have, possess and enjoy and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Lessor in respect of any breach of any of the covenants by the Lessee herein contained PROVIDED ALWAYS that, no re-entry shall be made under the foregoing power for breach of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed (save and except the covenant for payment of rent) unless and until the Lessor shall have given to the Lessee a notice in writing specifying the covenants and conditions or stipulations which require to be complied with or carried out and the Lessee shall have failed to comply with or carry out the same within one month from the date of the receipt of by such notice.</span><br /><br /><span style="font-family: courier new;">5. AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED BETWEEN THE PARTIES AS FOLLOWS</span><br /><br /><span style="font-family: courier new;">(a) On the expiration of the term hereby created or earlier determination under the provisions hereof all the buildings and structures standing on the demised land shall automatically vest in the Lessor without payment of any compensation therefor by the Lessor to the Lessee.</span><br /><br /><span style="font-family: courier new;">(b) The Lessee shall not be entitled, without obtaining In writing the permission of the Lessor, to assign mortgage, sublet (except to the extent of creating monthly tenancies) or otherwise part with possession of the demised premises or any of them or any part thereof and the buildings and structure standing thereon though such permission shall not be unreasonably withheld.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF the Lessor and the Lessee have put their respective hands on the original and duplicate hereof the day and year first herein above written.</span><br /><br /><span style="font-family: courier new;">THE SCHEDULE ABOVE REFERRED TO</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the</span><br /><span style="font-family: courier new;">withinnamed Lessor ........ in the presence of ........</span><br /><span style="font-family: courier new;">Signed and delivered by the</span><br /><span style="font-family: courier new;">withinnamed Lessee ........ in the presence of ........</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-56711420905783899222010-06-26T00:34:00.000-07:002010-06-26T00:35:10.510-07:0014-DEED OF LEASE(FOR A TERM IN PERPETUITY)<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><span style="font-family: courier new;"> 14-DEED OF LEASE(FOR A TERM IN PERPETUITY)</span><br /><br /><br /><span style="font-family: courier new;">THIS DEED OF LEASE is made at ... this ... day of... between Mr. A of ... hereinafter called 'the Lessor' of the One Part AND Mr. B of... hereinafter called 'the Lessee' of the Other Part</span><br /><br /><span style="font-family: courier new;">WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to a large piece of land situate at... and described In the Schedule hereunder written.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessee has approached the Lessor and requested him to grant to him a lease of the said land in perpetuity as he wants to develop the same by constructing Industrial sheds thereon and establish an Industrial Estate.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the said land for a term in perpetuity in the manner hereinafter appearing.</span><br /><br /><span style="font-family: courier new;">NOW THIS DEED WITNESSETH AS FOLLOWS:</span><br /><br /><span style="font-family: courier new;">1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of the terms and conditions, covenants and agreements herein contained and on the part of the Lessee to be observed and performed the Lessor doth hereby demise unto the Lessee all that the said piece of land situate at ... In the Registration Sub - District of ... and District of ... and described in the schedule hereunder written (hereinafter for the sake of brevity referred to as 'the demised Land') to hold the demised land unto the Lessee and his heirs, executors, administrators and assigns for a term in perpetuity commencing from the 1st day of... but subject to the earlier determination of this demise as hereinafter provided and yielding and paying therefor during the said term the yearly ground rent of Rs. ... free and clear of all deductions and strictly in advance on or before the 5th day of each and every calendar year, the first of such yearly ground rent shall be paid on the 5th day of the month of ... and the subsequent rent to be paid on or before the 5th day of that month in each and every succeeding year regularly.</span><br /><br /><span style="font-family: courier new;">2. The Lessee hereby for himself, his heirs, executors, administrators and assigns and to the intent that the obligations herein contained shall continue throughout the term hereby created covenants with the Lessor as follows :-</span><br /><br /><span style="font-family: courier new;">(a) To pay the ground lease rent hereby reserved on the days and in the manner aforesaid clear of all deductions. If the Lease rent is not paid on the due dates, the Lessee shall pay interest thereon at the rate of ... % per annum from the due date till payment, though the payment of interest shall not entitle the Lessee to make default in payment of rent on due dates or dis-entitle the Lessor to exercise his other rights under these Presents or in law.</span><br /><br /><span style="font-family: courier new;">(b) To bear, pay and discharge the existing and future rates, taxes, and assessment duties, cess, impositions, outgoing and burdens whatsoever which may at any time or from time to tune during the term hereby created be imposed or charged upon the demised land and the buildings or structures that may be standing thereon and hereafter to be erected and for the time being standing on the demised land and payable either by the owners. occupiers or tenants thereof and to keep the Lessor and his estate and effects indemnified against all such payments.</span><br /><br /><span style="font-family: courier new;">(c) To keep the buildings and structures on the demised land in good and tenantable repairs In the same way as the Lessor would be liable to do under the law as the owner of the demised land and the buildings and structures thereon.</span><br /><br /><span style="font-family: courier new;">(d) Not to sell or dispose of any earth, gravel or sand from the demised land and not to excavate the same except so far as may be necessary for the execution of construction work of any building or structures.</span><br /><br /><span style="font-family: courier new;">(e) To use or permit to be used the said land and the buildings and structures to be constructed thereon for industrial purposes only as may be permitted by the authorities from time to time.</span><br /><br /><span style="font-family: courier new;">3. The Lessee will be at liberty to prepare a layout of the said demised land and divide the same Into separate industrial plots, with the sanction of the local authority concerned and to construct Industrial sheds thereon suitable for carrying on small scale industries. The Lessee shall also be at liberty to sub-demise the said plots or any one of more of them and/or the sheds constructed thereon on such terms as the Lessee may think fit provided that such subleases shall not be for a period of more than... years at a time and they shall be subject to the terms, covenants and conditions of this demise. All such sheds shall be in accordance with the plans sanctioned by the Municipal or any other local authority competent to do so.</span><br /><span style="font-family: courier new;">4. The Lessee will be entitled to assign this lease in respect of the said demised land or any part or parts thereof with the previous consent of the Lessor In writing and which consent may be granted by the Lessor on such terms as he may think fit including the term of paying premium for each assignment, If It Is allowed by law, but such consent shall not be unnecessarily or unreasonably withheld.</span><br /><br /><span style="font-family: courier new;">5. The Lessor doth hereby covenant with the Lessee that –</span><br /><br /><span style="font-family: courier new;">(a) the Lessor now has in himself good right, full power and absolute authority to demise unto the Lessee the demised land in the manner herein appearing;</span><br /><span style="font-family: courier new;">(b) that on the Lessee, paying the said yearly ground rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed, shall and may peaceably and quietly hold, possess and enjoy the demised land together with the buildings and structures standing thereon during the term hereby created without any eviction, Interruption, disturbance, claim and demand whatsoever by the Lessor or any person or persons lawfully or equitably claiming by, from. under or In trust for him.</span><br /><br /><span style="font-family: courier new;">6. It is hereby agreed and declared that these presents are on the express condition that if the said yearly ground lease rent or any part thereof payable in the manner hereinbefore mentioned shall be In arrears for the space of three months after the same shall have become due and payable on any of the said days wherein the same ought to be paid as aforesaid whether the same shall or shall not he legally demanded or if any of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed shall not be so observed and performed by the Lessee or any person claiming under him or If the Lessee shall raise an objection to the amount of the yearly ground lease rent hereby fixed for any reason whatsoever then and in such an event It shall be lawful for the Lessor or any person claiming under him or any person or persons duly authorised by him In that behalf at any time hereafter to enter Into and upon the land and premises and the buildings and structures to be constructed thereon or any part or parts thereof In the name of the whole and the same to have. possess and enjoy and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Lessor In respect of any breach of Any of the covenants by the Lessee herein contained PROVIDED ALWAYS that no re-entry shall be made under the foregoing power for breach of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed (save and except t c covenant for payment of rent) unless and until the Lessor shall have given to the Lessee a notice in writing specifying the covenants and conditions or stipulations which require to be complied with or carried out and the Lessee shall have failed to comply with or carry out the same within one month from the date of the receipt of such notice.</span><br /><br /><span style="font-family: courier new;">7. AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED BETWEEN THE PARTIES AS FOLLOWS:-</span><br /><br /><span style="font-family: courier new;">(a) On the determination of this deed and the demise granted under the provisions hereof all the buildings and structures standing on the demised land shall be removed or caused to be removed by the Lessee, his heirs, executors, administrators and assigns or subleases within three months from the date of such determination failing which those which will not be so removed shall automatically stand forfeited to the Lessor without payment of any compensation therefor by the Lessor to the Lessee or to his assigns or subleases.</span><br /><span style="font-family: courier new;">(b) The personal liability of the Lessee to pay the yearly lease rent will be absolute and will not be affected by the Lessee granting by sub-demise any portion of the demised land or any shed or structure thereon and notwithstanding the consent given to sub-lease or to the assignment of the demised land or any portion thereof. the said liability will continue unabated.</span><br /><span style="font-family: courier new;">(c) That at any time or times during subsistence of this demise the Lessee shall have the option to purchase the reversion In respect of the demised land or any part or parts thereof on the payment to the Lessor of the market price therefor then prevailing and the Lessor shall in respect of the demised land or any portion therefor so purchased, execute a deed or conveyance and/or conveyances In respect thereof in favour of the Lessee and/or his nominee or nominees and that at the time of execution of each such conveyance the Lessor shall make out a marketable title in respect of the portion so to be purchased. Provided further that. the stamp and registration charges In respect of such conveyance shall be borne and paid by the Lessee alone. Provided further that, in the event of purchase of the reversion in respect of any portion of the demised premises the rent hereby agreed to be paid shall be proportionately reduced. In the event of any disagreement between the Lessor and Lessee regarding the market price of the demised land or any portion thereof the same shall be decided by arbitration of two arbitrators one to be appointed by each party and the arbitration will be governed by the Arbitration Act, 1940.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF the Lessor and the Lessee have put their respective hands on the original and duplicate thereof the day and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">THE SCHEDULE ABOVE REFERRED TO</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the withinnamed Lessor Mr... in the presence of ...</span><br /><span style="font-family: courier new;">Signed and delivered by the withinnamed Lessee Mr... in the presence of ...</span><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-53846263498243373892010-06-26T00:33:00.001-07:002010-06-26T00:33:56.946-07:0015-DEED OF SUB-LEASE<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><span style="font-family: courier new;"> 15-DEED OF SUB-LEASE</span><br /><br /><br /><span style="font-family: courier new;">THIS DEED OF SUB-LEASE is made at ... this ... day of... between Mr. A residing at ... hereinafter referred to as the Sub Lessor of the One Part and Mr. B. residing at ... hereinafter referred to as the Sub Lessee of the Other Part ;</span><br /><br /><span style="font-family: courier new;">WHEREAS by a Deed of Lease dated ... made between Mr... therein and hereinafter referred to as 'the Lessor' of the One Part and the Sub Lessor therein referred to as the Lessee' of the Other Part and registered at the office of the Sub Registrar at ... under S.No... of Book No.1 the Lessor demised unto the Sub Lessor as Lessee the land and premises described in the Schedule thereunder written (being the same as described in the first schedule hereunder written) for a term of 99 years at the yearly rent of Rs... and on and subject to the covenants, terms and conditions therein mentioned.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lease Is still valid and subsisting.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Sub Lessee has requested the Sub Lessor to grant to him a sublease of a portion of the said demised premises and which portion is delineated on the plan hereto annexed by red coloured boundary line and is more particularly described in the second schedule hereunder written and which the Sub Lessor has agreed to grant In the manner following.</span><br /><br /><span style="font-family: courier new;">NOW THIS DEED WITNESSETH that pursuant to the said agreement and in consideration of the rent hereby reserved and of the terms covenants and conditions hereinafter provided the Sub Lessor doth hereby sub demise unto the Sub Lessee the said portion of land described in the second Schedule hereunder written and delineated on the plan thereof hereto annexed and thereon shown by boundary line coloured red (and forming part of the land described In the First Schedule hereunder written) hereinafter referred to as 'the sub demised land' to Hold the same unto and to the use of the Sub-Lessee for all the residue of the unexpired term granted by the said Deed of Lease, less three months but subject to the earlier determination thereof as hereinafter provided and yielding and paying therefor during the said term the monthly ground rent of Rs... free and clear of all deductions and strictly in advance on or before the 5th day of each month commencing from the 5th day of the month of... next and thereafter on or before the 5th day of each and every succeeding month during the continuance of the lease.</span><br /><br /><span style="font-family: courier new;">2. The Sub Lessee, with a view to bind himself and his heirs, executors or administrators covenants with the Sub Lessor as follows</span><br /><br /><span style="font-family: courier new;">(a) To observe and perform all the terms, covenants and conditions contained in the said Deed of Lease to the extent and so far as they are applicable to the sub demised land as if they were Incorporated In these presents and not to commit breach of or do any act contrary to any of the said terms, covenants and conditions.</span><br /><span style="font-family: courier new;">(b) To pay land revenue and other taxes payable in respect of the sub demised land In the same proportion which the area of the sub demised land bears to the total area of the land described in the First Schedule hereunder written.</span><br /><span style="font-family: courier new;">(c) To pay the monthly rent as aforesaid regularly to the Sub Lessor.</span><br /><span style="font-family: courier new;">(d) To pay all Municipal and other taxes, rates, cess and other levies on the building and structures if any constructed thereon, to the Govt. or any local authority.</span><br /><span style="font-family: courier new;">(e) Not to cause nuisance or annoyance to the adjoining owners and occupants.</span><br /><span style="font-family: courier new;">(f) Not to assign, mortgage or sublet or otherwise part with possession thereof In favour of any other person, without the prior written consent of the Sub Lessor.</span><br /><span style="font-family: courier new;">(g) To Indemnify and keep indemnified the Sub Lessor against any loss. costs, charges and expenses that he may suffer or incur on account of breach of any law, rules and regulations of the Govt. or any local authority, or breach of any term or covenant of the said Deed of Lease or of these presents.</span><br /><span style="font-family: courier new;">(h) To use the sub demised land for the purposes of –</span><br /><br /><span style="font-family: courier new;">3. The Sub Lessor doth hereby covenant with the Sub Lessee that –</span><br /><br /><span style="font-family: courier new;">(a) The Sub Lessor has in himself good right. and full authority to sub demise the said portion of the land described in the Second Schedule hereunder written in the manner aforesaid.</span><br /><span style="font-family: courier new;">(b) On the Sub Lessee paying the monthly rent regularly on due dates and observing and performing the covenants. term and conditions herein contained and those contained in the said Deed of Lease and on the part of the Sub Lessee to be observed and performed he shall peacefully and quietly hold, possess and enjoy the Sub demised land together with the buildings and structure if any standing thereon during the term hereby created, without any eviction, Interruption, disturbance, claim or demand whatsoever by the Sub Lessor or any person or persons lawfully or equitably claiming by, from or in trust for him.</span><br /><br /><span style="font-family: courier new;">4. And it is hereby agreed and declared as an express term of this lease that If the Sub Lessee commits default in payment of more than two monthly instalments of rent or commits breach of any covenant, term or condition contained In these presents or In the said Deed of Lease, or If the Sub Lessee is adjudged insolvent, then and any of such cases or events, the Sub Lessor shall be entitled thereunder to enter upon the sub-demised land or any part thereof in the name of the whole and thereupon this sub-demise shall determine without prejudice to any other right conferred. on the Sub Lessor by these presents or in law Provided that, If within the period given In the notice to be served upon the Sub Lessee for payment of arrears of rent or remedying to the satisfaction of the Sub Lessor the breach of any term, covenant or conditions of these presents or the said Deed of Lease, the rent is paid or the breach is remedied, then the notice to determine the Lease shall be deemed to have been withdrawn.</span><br /><br /><span style="font-family: courier new;">5. On the expiration of the said period of the Sub Lease or earlier determination thereof as aforesaid, and within a period of two months from the date of such termination or determination the Sub Lessee shall remove all the buildings and structures if any constructed thereon at his own costs failing which the same shall belong to the Sub Lessor and the Sub Lessee shall be deemed to have waived or given up his right thereto.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF the Sub Lessor and Sub Lessee have put their hands the day and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">THE FIRST SCHEDULE ABOVE REFERRED TO</span><br /><span style="font-family: courier new;">THE SECOND SCHEDULE ABOVE REFERRED TO</span><br /><br /><span style="font-family: courier new;">Signed and delivered by the withinnamed Sub Lessor ... in the presence of</span><br /><span style="font-family: courier new;">Signed and delivered by the withinnamed Sub Lessee... in the presence of</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0tag:blogger.com,1999:blog-4176940044076471421.post-24146212809400484792010-06-26T00:31:00.000-07:002010-06-26T00:32:44.479-07:0016-DEED OF SURRENDER OF THE WHOLE PROPERTY<span style="font-weight: bold; color: rgb(51, 255, 255);font-size:180%;" ><br /><span style="font-family: courier new;"> 16-DEED OF SURRENDER OF THE WHOLE PROPERTY</span><br /><br /><span style="font-family: courier new;">THIS DEED OF SURRENDER is made at ............ this ......... ... day of ............, 2000, between Mr. A of ............ hereinafter referred to as the Lessee of the One Part and Mr. B of ............ hereinafter referred to as the 'Lessor' of the Other Part,</span><br /><br /><span style="font-family: courier new;">WHEREAS by a Deed of Lease dated the ……...day of ......... made between the said Lessor of the one part and Mr. X therein referred to as the 'Lessee' of the other part, the lessor demised unto the said Mr. X all that piece of land situate at .........…………… and more particularly described in the Schedule thereunder written being the same as described in the Schedule hereunder written for a period of 99 years at the monthly rent of Rs........ and on the covenant, terms and conditions mentioned therein and which deed of lease has been registered at the office of the Sub- Registrar at ............ under S. No ............. of .......... In Book No. 1 on the day of ............</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the said land was so demised to enable the said Mr. X to set up an Industrial Factory thereon for manufacturing……………………….</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the said Mr. X put up factory on the said land and was running the same for some time and thereafter sold the same</span><br /><br /><span style="font-family: courier new;">AND WHEREAS by virtue of the several mesne assignments of the said lease and the leasehold premises, the leasehold Interest in the said land has now become vested in the. Lessee being the Party hereto of the First Part.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessee having been unable to run the said factory, has closed the same and sold and removed all the machinery articles and things lying therein.</span><br /><br /><span style="font-family: courier new;">AND WHEREAS the Lessee does not now require the said land and has offered to surrender the lease to the Lessor provided the Lessor pays to the Lessee the depreciated costs of the said factory building on the demised land fixed at Rs ............. and which offer the lessor has accepted.</span><br /><br /><span style="font-family: courier new;">NOW THIS DEED WITHNESSETH that pursuant to the said agreement and for the reasons hereinbefore recited and in consideration of the said sum of Rs ............. paid by the Lessor to the Lessee on the execution of these presents as the present cost of the factory building (receipt whereof the Lessee doth hereby admit) the Lessee as the beneficial owner doth hereby assign by way of surrender of the said lease the said leasehold land with the factory building thereon and more particularly described in, the Schedule here under written unto and to the use of the Lessor with the Intent and purpose that the remaining period of the term of the 99 years granted by the said Deed of Lease in respect of the said piece of land shall cease and come to an end and become merged and be extinguished in the reversion immediately expectant thereon In favour of the Lessor and the Lessee's Interest thereon shall revert back to the Lessor so that the Lessor shall hereafter hold the said land and a structure thereon described In the Schedule hereunder written as full owner and free from the said lease and from all liability, claims or demands in respect of all breaches, if any, of the covenants contained In the said lease or otherwise arising thereunder And the Lessee hereby covenants with the Lessor that the Lessee has not done any act, deed or thing whereby or by means whereof he is in any way prevented from surrendering the said land with the structure thereon to the Lessor in manner aforesaid.</span><br /><br /><span style="font-family: courier new;">IN WITNESS WHEREOF the Lessee has put his hand the day and year first hereinabove written.</span><br /><br /><span style="font-family: courier new;">THE SCHEDULE ABOVE REFERRED TO</span><br /><br /><span style="font-family: courier new;">Signed and delivered</span><br /><span style="font-family: courier new;">by the with in name lessee Mr. A ............ In the presence of ............</span><br /><br /></span>BHATIA COMMUNITY MISSION FOUNDATION/www.bhatiacommunity.orghttp://www.blogger.com/profile/06925690529075821166noreply@blogger.com0