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Balaji   02 October 2023 at 12:23

Parking fine charges in cooperative housing society

Can society make rules for parking fine, is that rule should be passed in Agm or internal mc meeting.

Anonymous   02 October 2023 at 00:08

Court/city to furnish bail bonds in, after trial transferred

Hi,

The trial in a criminal case was transferred to another city. Now the appeal against conviction is pending before the High Court.

However, bail was granted, with bonds to be furnished before the concerned court of CJM.

• Where should the bail bonds be furnished, the court in the city where the case or FIR originated, or where the trial was later shifted to? Kindly provide citations also. Thank you.

Sorry for being anonymous, but it is important.

Prakash   01 October 2023 at 17:37

Senior citizens welfare & maintenance act

Whether a govt servant who is respondent in the complaint filed by his senior citizen mother, will face any departmental action as per Kerala Service Rules ?

AJOY KR. MUKHERJEE   01 October 2023 at 13:51

Regarding treatment of sft 05

Sir, I have an joint savings account in SBI with my wife where I am the primary holder. We have jointly hold some Fixed deposit. In 3 nos. FD's my wife is primary holder and it is made after premature of her old FD's the premature amount transferred in our joint savings account which she was made since last 11 years ago. Now she made Rs. 11 lac jointly fresh FD's from this amount where she is primary holder. I am also made like same as my wife for Rs. 5lac.

Bank report through form 61A in SFT 05 of AIS 15 lac in each of our AIS. Whether it is right or wrong. What is the treatment in ITR may taken by me.
Please give me the valuable advice and help.
Regards
A. K. Mukherjee

T.N.REDDY   01 October 2023 at 13:16

Tax appeals related

Sir, In taxing statues like GST and Income Tax, if I miss to plead one valuable ground in the lower appeals, can plead that ground as an additional ground in the higher appeals, I mean I would like to bring new ground which was not at all pleaded in the lower ground that helps me a case in my favour.

Smrity K   29 September 2023 at 19:34

Repair funds utilization

How much funds can be utilized out of repair funds of a housing society.

We have estimated cost of 14 lac max, even though the society has 6 lac repair funds they say that only 4 lac can be used , and asking the members to contribute 10 lac

Can someone advice

Smrity K   29 September 2023 at 14:01

Maintenance charges of shop owners of housing society

Our society consists of two 2 bhk AND 1 bhk flats and some shops . Our maintenance charges covers equal amount for the common services and Sinking fund and Repairs are charged as per the Area. Shop owners are not charged according to the commercial rates. while they are charged as mentioned above, however electricity charges are levied only Rs.100 and no water charges are charged. We therefore end up paying more maintenance even though living in 1bhk. They say it is not written in the bye laws to charge more.

My query is that they had purchased at commercial rate, will sell at commercial rate. They earn from the maintenance of the structure. Therefore is it not correct to charge at commercial rates.

Please advice. Also what is the correct way to charge these shops. T

Vasudevan   28 September 2023 at 16:12

Writ filed before high court of madras

Writ Petition has been filed by the department challenging the order of the CAT Bench, Chennai. I had been informed by the department through Advocate's Notice in Feb.2023. I had filed a WMP requesting the High Court to appear myself as party in person. Thereafter, the case was not listed by the High Court. I have not been served with the Respondent's copy of the paper book filed by the Petitioner till date. I had written letters to both the Registrar and the Petitioner's Advocate to serve the paper book which ended in vain. Now I got a soft copy of the Affidavit filed by the department. Whether I can file the counter affidavit based on the soft copy of the Affidavit filed by the Petitioner. Whether I have to pray for condonation of delay in filing the counter affidavit as it is 6 months late by means of separate petition. Whether the reason for not getting the petitioner booklet is a valid ground delay. Please enlight me the meaning of term 'rule nisi'. Thanks to all Learned Experts in anticipation.

Nandavanam   28 September 2023 at 11:52

Claim of damages against former official superior

This query has been posted in the Forum Section couple of days ago. The query is reposted in this Section for more informed response -

I am a retired senior Government Officer. While in service, there had been many instances where I was required to be part of unlawful actions. I had avoided such instructions. In some cases, I had taken action contrary to the instructions. Such actions have been upheld by the Courts.

However, just a couple of months prior to my retirement disciplinary proceeding initiated. Enquiry officer was appointed only after two years when I approached the Tribunal. Enquiry took more than one year. But he did not submit Report. So, another officer was appointed. He also did not complete the proceedings even after two years. Finally, the Tribunal quashed the proceedings for total non-application of mind by the disciplinary authority. I could not get pension, gratuity and other benefits in time because of the pending proceedings.

I wish to proceed against the former superiors including the disciplinary authority and the inquiry officers and claim damages from for them deliberate harassment. Can I file a civil suit in the civil court for the purpose? I do not wish to proceed against the Government.

Read more at: https://www.lawyersclubindia.com/forum/claim-of-damages-against-former-official-superiors-231198.asp

Additional query: After retirement I am permanently settled in my native place. Much of the instances of harassment, such as change of Inquiry Officer etc., have taken place post-retirement. As such, which civil court has the jurisdiction to entertain the suit - the place I am settled presently or the place of retirement (outside my Home State)

Anonymous   28 September 2023 at 11:29

Water seepage

Hi,
I purchased resale flat in Mumbai in the month of Feb 23 and the seller of this flat has purchased flat which exactly below my flat at the same time.
While purchasing, I asked very clearly if the flat have any structural issues but they have not mentioned any such.
Now after 4 months of shifting to this flat they are asking me to fix the issue of water seepage happening from one of the bathroom.
My question is who is responsible for this? Only just I live in above flat is not rational. The same party sold me this flat without disclosing this water seepage issue. I am sure this issue was there at a time of selling the flat but purposefully they hid it.
I believe RERA laws are even applicable for the resale flat and even which are not registered with RERA. Is there any other law which can protect my interest as my stand is genuine? the seller should have disclosed this problem to me at a time of purchase itself.