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Anonymous   23 February 2024 at 02:10

Evidence lost or misplaced by court record staff

I have a civil tenancy case and as part of evidence of conversations with my tenant, the phone used for communication was also submitted as evidence and marked. However, the case was transferred to another court and when they instructed the records to be submitted, it was discovered that the phone was missing and hence the lower court kept postponing. I suspect that there may be a foul play involving court staff and my tenant.

Kindly advice how to handle this. Can I lodge an official complaint against the court record staff for loosing the evidence?

Thanks in advance.

Anonymous   22 February 2024 at 17:54

Co-operative housing society maintenance charges

Our society registered in 2013 and there after no elections. Also not conducted the AGM after 2019. The society doesn't have chairman or legal committee. Most of the society members are paying maintenance charges but some defaulters are not paying as society committee is not legal. Is this correct? Do we have any law to bind them to pay maintenance charges for which they are availing all the services?

Anonymous   22 February 2024 at 15:08

Issues with the co-owners in an apartment.

We bought a flat in Garia in 2017, paying all necessary charges extra for electricity. We got our possession 2018 on the industrial meter as the builder had no provision for the domestic meter. Since then we have been residing on a sub-meter and finally in 2022 sometime, a construction meter was installed after failing the quotation for 4 times, few flat owners of the apartment, paid for the transformer. We were not a party to it, as we understand it would have been a prize to the builder for not completing his responsibilities for more than 5 years.
After the transformer was installed, the builder gave us our regular connection and created no trouble for booking our electric meter from WB State Electricity; however few flat owners created some fuss by disrupting our electric connection on 3rd Feb at midnight. Finding no solution we had to rush to our local police station and we lodged a General Diary. The police officials came to our apartment, put the situation in status, and asked us to move to the legal way to resolve this matter. Accordingly, we contacted a lawyer and he drafted a letter to those flat owners including our developer asking for a reason for such a nuisance. The lawyer of the two flat owners out of the three has responded, stating that whatever I have mentioned is completely false as no such incidents occurred and it was just a mechanical fault.
I understand if this matter goes further in court, the police officials may be asked to give their opinion on this. If we take a worse situation that which the police officials do not respond properly, can this be taken forward, if my GD was incorrect against them, why did the Police Officials not take any action against me?
Truly speaking the CC TV of our apartment does not work, and most importantly, I do not know if the other flat owners would be interested in getting into any litigation and giving their opinion.
Now that I am no more interested in any litigation, my purpose has been taken care of. The Electric Meter in my name has been installed; however, if those parties file a case against me asking me to pay them back Rs 45000 for their lawyer charges as they say it was an unnecessary expense that they have made since I have accused them illegitimately, so in such a scenario I will defend and take my actions accordingly.

Anonymous   22 February 2024 at 11:12

Lineal ascendency- sapinda relations

I have been searching my queries about sapinda relationship for more than a year but i always get differentiating replies. I'm confused about how the lineal ascendents are traced. Myself and the boy i want to marry fall in family relations. I have studied online a lot about the hindu marriage act 1955 and the details of SAPINDA relations and prohibited degrees. we ( me and he) have a common lineal ascendent- 4th generation in my case ( my paternal grandmother's father) and 5th generation in his case ( his paternal grandfather's mother's father). in simple language- my father's mother's father and his father's father's mother's father are the same person. He is my second cousin once removed (second cousin's son). Does this relation come under sapinda relation or prohibitive degrees ? While tracing the lineal ascendency, if its through father's side, does father's mother come under sapinda? I have read differentiating views on this. Some say that ascendency is traced as Person-->Father's--> Father's Father--> Father's Father Father and so on.. On mother's side, ascendency is traced as Person --> Mother --> Mother's mother. Need an expert advise and clarity on this matter

Anonymous   22 February 2024 at 08:15

Women arrest and detention in ep section in injection

I awarded perpetual injection xparty degrees and filed EP JDR objected and filed set a side, respondents filed claim pition both cases are rejected by PO I am seeking arrest and dettition on woman please explain in CPC section sir

usharavikumar   22 February 2024 at 05:20

Gift deed made by father

GM. My father is 84 years old and has age-related memory issues. He has two properties which he had mentioned would have equal rights to me and my elder sister (we are only 2 siblings). As of recent, during one of the talks, he inadvertently mentioned a statement that the property would be passed on to us without any hassle. As far to our knowledge, to date he had only made a will (which is not registered) but his statement put me to think that he had put together some other valid document which he is not able to recollect. He generally speaks typically as age-related people do with memory loss, as in repeating statements, forgetting what had been told to him earlier etc, but once in a while he does come up with statements which are totally valid (and of course he clearly remembers incidents that happened in life during his young days and mentions them without any inaccuracy). During his conversations, he does sometimes out of the blue tend to mention (and has quite an assertive tone at that time, reminds me of my strong-minded father) some statements. Earlier too, he had mentioned that he had many fixed deposits in some banks and asked my sister to check on it (we did have a doubt that he did but never had questioned him earlier regarding it). Well, what I needed to know was if by chance he had made a gift deed in our name during his prime time, is there any way that we can get to know about it or will it be only after his passing away.

Rakesh   22 February 2024 at 01:13

Cheque bounce, section 138, partial payment,

I had got a cheque for 4,00,000 as refund from a company.
The cheque bounced and a notice was sent within 15 days from lawyer to company.
The payer partially repaid 1,00,000. A letter was given promising payment of remaining 3,00,000 within 1 month.
This payment was not done and dishonoured. The 30 day time limit to file a complaint has passed.

Can I proceed to file case under sec. 138 ? It has been more than 30 days after the 15 day notice period. Can I apply for condonation of delay for filing complaint as per section 142 , which allows for condonation based on this circumstance?

I re submitted the cheque, but did not endorse it for the lower amount. The cheque bounced. I have time to send a new notice in this second case, but the pending amount is only 3 lacks, but cheque is for 4 lacks. I believe that sec. 138 would not be valid for this case.

The cheque is now expired, so I cannot submit it again. What would be the way out? Is civil recovery suit my best option?

Anonymous   21 February 2024 at 22:15

Wrong spelling in sale deed.

English name is correctly mentioned in sale deed everywhere as per Aadhaar and aadhar name also mentioned. However in kannada, instead of typing ಮಧು ಸೂದನ್ ಆರ್, it is mentioned ಮದು ಸೂದನ್ ಆರ್.
Is there a necessity of rectification deed

Anonymous   21 February 2024 at 19:18

Family settlement

Kya Uttar Pradesh me family settlement ki koi judgement hai

Anonymous   21 February 2024 at 15:39

Personal loan not paid after tenure period

Sir i have taken personal loan in NBFC.and unable to paid the EMI even after tenure period..the legal team saying notice had been issued ..i lost my job..and having health issues to my mother..can I have a solution please