Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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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:

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

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.

Anonymous   28 September 2023 at 06:18

Compansionate employment in psu

Hello!respected sir/madam is there any age limit to get a job in public sector unit against compansionate appointment

Satyan manuja   27 September 2023 at 22:13

Intkal of registered decree

I am unable to get my property in my name by way of a registered court decree. The said tehsildar wanted the affidavit of the defendant in that case. What to do in this matter. Kindly suggest.

SUMAN ROY   27 September 2023 at 20:51

Cheque bounce

What are the legal options left for me in a cheque bounce case where the accused is absconding for 3years despite several warrants against him from the court under NI Act?
Is recovery of my money possible ?
Please help as it's my life's savings.

Anonymous   27 September 2023 at 20:44

Recovery suit

Can money recovery be made in two suits, one summary (for cheque bounce) other normal.
I had invested over 30 l in a company, they wrote a cheque for 10l but it bounced. Cheque bounce case has been initiated but the person absconding for over 2 years. Court warrant is issued at every hearing for over 2 years now.
Can I pay the total court fees for 30l & break the suits in two parts to recover my money?

Amey Bhandare   27 September 2023 at 17:32

Need noc from apartment for shop?

We recently bought a shop in an apartment that is sanctioned as a professional office in the building plan. However, a person from the apartment said that you can't run any food-related business in this shop because this area falls under the R1 zone.

But in the Unified Development Control and Promotion Regulation (UDCPR) rule, some food-related activities are allowed in the R1 zone (such as student's mess, pan shop, etc.).

So, if we want to open a student's mess in that professional office, do we need an NOC from the apartment?