Rayvon
01 March 2024 at 09:32
Hello Experts
Had purchased a plot from a builder developer, who had issued a MoU to buyback the plot after 5 years. Since the builder did not buyback, filed a suit in consumer court, which passed an order for them to pay the agreed buyback amount back to buyer, and thereafter the plot will be transferred back to builders name.
The deadline for builder to comply with payment as per court order has elapsed, and builder did not comply.
Now the plan is to file a EA (execution).
Query:
How much time does a person have to file a EA (execution) petition before the court ?
What does the aggrieved party have to do during the EA proceedings ? Is it a lengthy process, or relatively easier process ?
What could the potential action that the court would impose on the builder for not complying with the order ?
Srinivas K
01 March 2024 at 01:28
I am contract employee in govt sector I have completed my LLB graduation in regular basis with managing the attendance by management is this any offence
Anonymous
29 February 2024 at 20:52
Dear Sir
We are muslims.
My mother is second wife for my father, my father married my mother with the consent of his first wife. We are 5 children for our father born from his second wife.
Tahsildhar says beign children of second wife, show me any examples of prior any certificate issued for second wife children so that it will be easy for me to issue a certificate.
what is the procedure for getting heirship certificate. can anyone guide us.
can anyone help.
Anonymous
29 February 2024 at 18:59
My father had purchased flat during 1987 however stamp duty was not paid, I want to apply through Maharashtra amnesty scheme.
Procedure
Documents required.
Do we have to submit original documents or only xerox is enough. If we have to submit originals then by when will we receive it back by the govt
Madhu Mittal
29 February 2024 at 18:50
Sub: At revision level, whether need to make accused parties when cognizance is not taken against Firm as well as non-signer partners of cheque when averments against all in complaint as well as notices to all, no reply by any partners
A loan of Rs. One lac was given to a Partnership Firm having three partners on the basis of Post dated cheque of Partnership Firm with the consent of all partners. When the cheque was presented for payment on its date, the said cheque is dishonored. A legal notice by Rgd post was given to Partnership Firm as well as all three partners, duly got by them but no reply from any of them. But before lodgment of complaint u/s 138, 12 posted cheques were handed over on behalf Partnership Firm signed by only one partner with the consent of all. When presented all 12 cheques were dishonored, all were dishonored. First 11 complaints were lodged and cognizance for all were taken by the same Trial Court. For 12th cheque, procedure was changed and the court which will deal, was allotted by Chief Judicial Magistrate, so this cheque was dealt by another Court. And that another court took cognizance only of the partner who signed the cheque while there were sufficient averments that at the time of First post dated cheque and at the time of taking 12 post dated cheques, all partners were incharge and responsible for working of the Firm and all are involved both time when loan is given + one post dated cheque was given and when second time 12 postdated cheques were given . Thus cognizance against Firm and remaining two partners were not taken. Aggrieved by this new court, Revision was filed in ADJ court making only Govt of Rajasthan as Respondent. Citation of Supreme Court Micromax_Informatics_Limited_vs_Meenu_Goyal_on_12_March_2021 sc (in which it is stated only averments in complainant to be seen at the time to taking cognizance, even reply given by accused was not to be seen ) and citation of Bommidi Madhu Sudhanrao vs. Kallapu Ramesh and Anr. (09.11.2010 - APHC) of Andhra Pradesh High Court (it was stated at point 3. Though notices are sent to the Respondents 1 and 2 the same are not returned unserved. However as the point involved in the present case is between the court and the Petitioner, this Court is of the view that there is no need for this Court to hear the Respondents 1 and 2.) was handed over to ADJ Court, but ADJ Court insisted that Firm as well as all partners should be made Respondents.
Now what I want to know is that when even reply of accused not to be seen at the time of taking cognizance as per above SC ruling and matter is between Court and Complainant at the time of Cognizance, How to pursue ADJ Court not to insist to make Firm and partners as respondents as there will be of no use of them whatever they say, only averments in the complain to be seen. Any citation.
Saurabh Aggarwal
29 February 2024 at 17:15
I booked a two flats under an MOU by paying partial cash and cheque with the promise that soon builder will get permission and will register a flat after permission.
1.MOU mentions total amount paid and in return of which builder will register a flat of 1600 sq ft
2.and that in case the builder is unable to launch the project or acquire land within 12 months. Builder will return the money with interest within 60 days
3.and cheque no xyz dated xyz is being issued for entire amount paid + interest.
4.Builder will maintain adequate funds to honour cheque as per due date.
Now the approvals are not in place from 2 years though the construction has begin at a very slow pace to calm the situation.
Builder has initially promised return of money and now is saying that he will re sale the booking to someone and only then can return the money. Obviously he is unable to find a buyer. Due to the long discussion validity of one has expired.One cheque is still valid.If I deposit one cheque , amount under the other cheque which has exceeded its validity might become under dispute as well and builder hasn't provided a fresh cheque but is saying on emails that he will resale the unit and refund the amount.
What can be done in this situation. Will it be consumer , criminal or civil , which one would be fastest to recover money.?
Other problem for me is that the cheque money paid was for capital gains investment. if the time period further crosses 3 years , will I have to pay penalty ?
Shankar
29 February 2024 at 09:12
I have applied for technical resignation but I have not mentioned lien in my application.
Am I eligible for lein or not?
Is it compulsory to mention technical resignation with lien?
I have completed my probation period and completed 6 years of regular service in an central govt autonomous institute
Anonymous
29 February 2024 at 08:27
Legal Procedures for Conversion of Hindu religion to Islam
Rakesh Kashinath Kamble
29 February 2024 at 07:36
Planning to take flat in project build on SRA land in Maharashtra. This land parcel is builder developed land. Would like to understand my rights in this land?
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Defamation case against bank
I Had borrowed a housing loan from a bank. In the sanction letter loan amount and Roi was mentioned but there is no mention of EMI due date.
I signed the loan agreement, where the bank loan agreement copy was a prefilled agreement and details of loan amount and parties involved was handwritten by bank official and few details like EMI due date and rate of interest was not written .
I was asked by banker that by when can I pay my monthly emi and I replied by 5th I can pay emi because I receive salary on 2nd of every month.
I gave the standing instruction to the bank to deduct emi on 5th of each month.
For last 3 years, I maintained sufficient balance on or before 5th and the emi was duly deducted from my saving bank account on 5th of the every month.
When I borrowed the ROI was 7% and gradually the ROI kept increasing and today I am paying 9.5%.
Then I checked rbi repo rate and it's eligibility conditions and understood that if my CIBIL score is good then I can request the banker to reduce the ROI to 8.45% or if the banker does not agree to this ROI reduction then I thought I will do balance transfer to a different bank.
When I checked my CIBIL report and it was a surprise to see that all my emi payments towards my housing loan account was reported by delayed payment from the inception of the 1st emi.
Then I immediately rushed to meet the bank manager to understand what went wrong. Then the bank manager says me that the emi due date for my housing loan account is 31 or the last date of the month and where as you have given us standing instruction to deduct emi on 5th so every time there is a delay of 5 to 6 days in payment of EMI.
I was in shock to hear this from the bank manager and said that I never gave my consent to bank to set the emi date as 31st instead I communicated to banker that I can only pay the emi on 5th of every month.
Then the bank manger shows me the loan agreement and shows the emi due date as 31ST OF THE MONTH. And says I have given my consent to emi due date as 31st of the month.
But interestingly the handwriting is different from other contents written on the loan agreement. After I signed the loan agreement, the emi date is mentioned as 31. The loan agreement was altered after my signature. Infact till today the rate of interest column is blank. I believe the emi due date also must be mentioned on the day of my visit to bank only .
So I expect to file defamation case against bank for rupees 1 crore.