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I'm renting out a commercial property to a franchise training institute run by 3 partners. They have created a trust and have got the institute license in the name of the trust. In whose/what name should the building's rental agreement be signed from the lessee's side: Should it include all partners or any one of them or should it be in the trust name ? Thank you.
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A. 1. Check the institute license certificate. On whom ever the name that the license got issued, you can get it signed by them.
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niranjan e Exp: 7 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
Himanshu Mahajan Experience: 17 Year(s) South Delhi
Ashish K Dongre Experience: 12 Year(s) Thane

Rakesh Gupta

Posted 1 year ago

Will high court will send the case to district court again if district court make a dession without disposing off the application for evidence
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A. Yes at the discretion of the High Court and in its opinion that the matter may be taken up in the original District Court can order with or with out a rider, it can also set a date before that the matter may be disposed off by the District Court for final disposal of the case.
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Ambrose Leo Exp: 9 Year(s) Bangalore
Namitabh Kothari Experience: 19 Year(s) Mumbai suburban
Nirmal Chopra Experience: 20 Year(s) New Delhi
GANESH SHARMA Experience: 3 Year(s) Faridabad

Rakesh Gupta

Posted 1 year ago

Do high court always in favor of landlord
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A. No. The High Court always examine all aspect of the case on the record placed before it and decide the case as per the Law,Act and Judgement and relevant precedence. There is no question or room for favour, all aspects are duly examined and record its finding & order on merits as per the laid Law,Act & precedence and on merits.
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Ambrose Leo Exp: 9 Year(s) Bangalore
Nirmal Chopra Experience: 20 Year(s) New Delhi
Namitabh Kothari Experience: 19 Year(s) Mumbai suburban
GANESH SHARMA Experience: 3 Year(s) Faridabad

Rakesh Gupta

Posted 1 year ago

In high court what average time is taken to decide a case
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A. Dear Sir, It is unfortunate that landlord and tenant cases running pillar to post for the last 30-40 years. Now most of the cases reminded to land tribunals were again reached the High Court. It will decide within 2-3 years depending upon efforts made by concerned advocate and luck of the client.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Advocate R K Shukla Experience: 16 Year(s) Allahabad
Nirmal Chopra Experience: 20 Year(s) New Delhi
Namitabh Kothari Experience: 19 Year(s) Mumbai suburban

Rakesh Gupta

Posted 1 year ago

In high court what time interval Is given between the two hearing
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A. Dear Sir, There is no such scheme of space between two hearings. In some cases High Court only fix next hearing day saying ‘within 4 weeks’. Then the concerned advocate has to file a memo to take up the case on board showing urgency.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
GANESH SHARMA Experience: 3 Year(s) Faridabad
GANESH SHARMA Experience: 3 Year(s) Faridabad
The rental contract is registered at Mehrauli for a property in South Delhi. The tenant stopped paying rent adjusting it against Security deposit. Vacates property without proper handing/taking over, leaving property with considerable damages, defficiencies and unpaid water,IGL,and electricity bills etc. Can any legal action be taken against tenant: 1. For non payment of Rent and recovery thereof with penalty? And How? 2. Or it shall simply be to recover damages/defficiencies etc. Early advice shall be appreciated.
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A. You can exercise your option as per the terms of rental contact registered quickly with the help & guidance of a Lawyer from panel of Vidhikarya & protect your interest.
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Ambrose Leo Exp: 9 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Nirmal Chopra Experience: 20 Year(s) New Delhi
Nilanjan Chatterjee Experience: 5 Year(s) Howrah

Rakesh Gupta

Posted 1 year ago

30-5-18 is judgement date What I can do
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A. It is too brief, I cannot guess. You will be given 60 days time to vacate if you are a tenant.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
anil reddy s Experience: 11 Year(s) Bangalore

Rakesh Gupta

Posted 1 year ago

What is C41
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A. Please elobarate properly in what sense you are talking about,according to me It's type of marriage form used in another country.
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Ashish K Dongre Exp: 12 Year(s) Thane
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Rakesh Gupta

Posted 1 year ago

A notice sent by a lawyer to a tentat by a speed post and not by registered post is legally served
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A. Section 106 in The Transfer of Property Act, 1882 (4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.] In view of above wordings it shall be treated as legally served there is no word "registered" or "speed". Any of the two modes can be used to send the notice.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Nirmal Chopra Experience: 20 Year(s) New Delhi
Ambrose Leo Experience: 9 Year(s) Bangalore

Rakesh Gupta

Posted 1 year ago

After final argument between the lawyers the judgement is likely to be given on next hearing
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A. Within 15 days it has to be delivered. No limit for High Courts.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
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