Answer Posted / k garg

Discussion:

Section 5 Limitation Act applies to matters other than a Suit or an application for execution.
Therefore, the delay cannot be condoned under the Limitation Act as Section 3 provides for an absolute restraint.

So far as, Section 148 CPC is concerned, it will come into play to only if the time limit is prescribed under CPC itself and not otherwise. Since, the time period to file an execution application is concerned, the same is provided in Limitation Act.
therefore, again delay cannot be condoned under section 148 CPC

Now coming to 151 CPC, it has to be invoked to protect the interest of justice and not to counter any specific provision of law or to anything against the settled notion of law. therefore, again the delay cannot be condoned.

Therefore, the answer has to be (D) i.e. the delay cannot be condoned

You will be required to attend community meetings throughout the month. Are you available to attend these meetings that occur after/before regular business hours?

2217

---

Case study 2. After years of good performance. Happy homes apartment building was sold in 2002 for $20, 00,000 and the new owners refurnished all apartment units. In 2003 the apartment building was re-opened. Please analyse the income statement below and explain the income trends. The building has 1600units was built in 1971, and the current loan balance is $16,395,772. Period ended Statement classification (wi) 31/12/06 31/12/07 31/12/08 31/12/09 Occupancy 95% 90% 92% 95% Base rent $1,100,000 $990,000 $950,000 $990,000 Laundry vending $12,000 $11,000 $11,000 $30,000 Parking income $42,000 $40,000 $41,000 $60,000 Other income $3,000 $8,000 $21,000 $20,000 Effective gross income $1,157,000 $1,049,000 $1,023,000 $1,100,000

13552

---

What is the system to registered online for advertisment of law firm & what is the cost of advertisment?

2171

---

Purchase material & lease the same. In this cases vat & service tax which is appicable?

2188

---

In the Companies Act, 1956 there is no ward as ‘Wholly Owned Subsidiary’ (WOS), WOS means a company of which entire equity share capital is held by other Company. For example A company holds entire equity shares of B Company in this case B Company is WOS of A Company. Question: Now the Question is X company has paid up equity share capital of Rs.50000 (5000 shares each of Rs.10).Out of which Y company holds 4990 shares in its own name and remaining 10 shares Y Company holds in its name in 10 different folios (one share in each folio) along with 10 different individuals in the style first name is of Y limited and second (joint name) of individuals like A,B , C…… to J.In such case will X limited be deemed to be a WOS of Y Company ? If yes then how? After this question one more question will come up related to this question

3184

---

do companies situauted in Union territories issue Way Bills during purchasing of chemicals?

1552

---

What is the Difference between Excise & Cenvat

3156

---

Your client is determined to take a case to court even though you believe he has no chance of winning and have advised him strongly not to do so. What do you do?

1013

---

What you think about Protection of Women from Doemstic Violence Act, is it in favour of women or is it patial law?

2183

---

WHAT IS ABOUT KNOW FOR LAW?

2437

---

What does it mean to 'take' another's car?

1057

---

you did any employment tribunals?

2144

---

Would it be a good idea for there to be a minimum IQ for jurors in a trial?

1074

---

I deposit a cheque of Service Tax 5-04-2010( Stamping by bank Staff on Deposit silp 5-04-2010) for the month of March-2010 and cheque cleared 8-04-2010 in Bank . Kindly advised me I calculate interest from 1-04-2010 5-04-2010 or 1-04-2010 to 7-04-2010. With best Regards Kishori lal

2029

---

whether non payment of due leave is unauhorised deduction from wages or not?

2044

---