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anil a ghaisas   25 May 2023 at 14:01

Successors coverage legal position

Sushila Has a rental accommodation
Her successors are Anil+ 4 sisters+1 brother when suit was filled

Anil+Famiy sisters Successors
ofexpired sister[s brothers Successors
Of EXPIRED brother
Earlier_all 4 *1 Sister has 2 sons +1daughter & 1 sister has no successors Eexpired *1 -daughter
Now ANIL 2 *2 sons +1daughter, covered in suit
Now ANIL 2- *3 successors of sister 0 *1 -daughter
PROBABLE COVERABLE
Likely to be brought 1 SISTER HAS A RETIRTED SON
1 SISTER HAS 3 DAUGHTERS
forcingly

Land lord filed suit in 1983 , for eviction & pending & pending in Kalyan court
All are staying away except Anil with his family.Sushila died in 2005
All are personally ready & willing to give(NOC)rights in tenement They wish honestly to transfer said accommodation in the name of Anil Anil does not have any other accommodation in his name any where

All members are +75 physically incapacitated to appearing Court
No sooner any one expires landlord tries to involve successors in this suit under clutch of law. He is trying to harsh & not ready to give consent for change of name in Anil's name
Whitest no one is ready successors also brought in the suit forcefully

This is illegal and unlawful.This will just contuse …?
Suggest,remedy to stop this visions predicative to get out of this
Suit was in process since 1983 till 1992-Decided on 19-06-1992 HC
dismissed WP filled by landlord. Lord committed contempt of court
Contunied to refuse rent till 2008

After16 years gap 0n 27-08-2008 landlord filed a suit against Sushila & he successors for eviction.

In this process the Factor for change of name was overlooked
Now its very trouble some to bear

If this is contented it has very serious & unavoidable repurcations on the part of decedent Plesea suggest furthe couser of Actio n
A A Ghaisas

Prasenjit Mondal   25 May 2023 at 10:28

Service related

sir/ mam i was working as a pharmacist in a medical shop, because of owners' bad behavior i sent him resignation letter and asked for release letter. when he refused to give the release letter then i went to the nearest drug control office. Then they tell me to send 3 copies of my resignation letter to the owner's address and give them an intimation letter. i have given that, after few days when i met with the ADG sir he tells me that the complaint is not listed there then he tells me to contact di. After all of this the person is still running his shop on his own by using my pharmacist registration number. It affects my career. but after all of this the drug control office doesn't take any step against him what should i do?

Sunit Upadhyay   25 May 2023 at 05:37

Complaint about rail ticket fraud

Dear sir,
Due to urgency I was to go from New delhi to durg on 24.05.2023. Since the ticket was not through irctc I have approached agent at new delhi station named rajanandani holiday tours and travels 5616 basant road paharganj . He demanded advance of rs 2000 which was given to him and again told that which ever ticket amount will be given by us. I was agreed to give balance amount. Now he has demanded 4850 more to book the ticket.which I had to pay.
After receiving the ticket I found that there is wl ticket . I asked that for confirm ticket. He said that this ticket will be confirmed in train. Ticket was not confirmed in train. What can I do further. Kindly suggest

Lokesh D   24 May 2023 at 23:50

Interim order-stay of proceedings, quash

Hight Court of Karnataka Daily Order:

Heard the learned counsel for petitioner.
Issue emergent notice to respondent No.2, returnable by 20.06.2023.
The petition calls in question the proceedings in C.C.No.XXXX/XXXX, pending before the XXIX Additional Metropolitan Magistrate, Bengaluru.
A perusal at the complaint or the summary of the charge sheet would clearly indicate that there is no allegation against the father in-law and the mother in-law, who are admittedly living separate are made, while sprinkling allegations are made against other accused.
Therefore, there shall be an interim order of stay of the proceedings in C.C.No.XXXX/XXXX, qua petitioner Nos.1 and 2 – father in-law and mother in-law.
Insofar as petitioner No.3 - brother in-law is considered, the same would be considered on the appearance of the respondent No.2.
Accordingly, I.A.No.1/2022 is allowed in-part.
List the matter on 20.06.2023.

In the above order, Emergent Notice will be issued by whom?

Anonymous   24 May 2023 at 23:46

Divorce case. summons not received issue.

My husband current address I'm unable to get. So summons which are sent by the court are returned back. My case is held up with this issue. What's the next step could be taken. To end my case. Since from 12 years my husband deserted me and my son. So we can't get his address. I'm in total confusion as my hearing is on 26/05/2023 of this month.

Anonymous   24 May 2023 at 22:22

Minor area size correction in index 2 maharashtra

Hello,
I have purchased 1BHK flat 3 years back. I am the 2nd owner. In all sales deed, area is mentioned 318 sq. Ft. And 318.2 mentioned in index 2 but while making sales deed with me, area is mentioned 320 sq. Ft in index 2 but sales deed having 318 at all places. Pls suggest the process to correct or even if correction is required or not.

Adityakumar Jain   23 May 2023 at 19:47

Can property under challenge be demolish?

Dear Experts,

Disputant in-person has filed dispute, against Co-op. Hsg. Society (Opponent no.1) and its committee members. Because its Secretary (Opponent no.2) during his tenure as Secretary in conspiracy and collusion with other committee members had illegally prepared fraudulent documents and allotted to himself development rights to construct additional floors above existing old building of Society. By this way the legal rights of Disputant of having flat of additional area is also grabbed and his signature is also forged.
On the bases of said fraudulent documents, the Secretary (Opponent no.2) constructed additional floors.

The dispute was filed before 16 years in 2007 by Disputant. And challenged therein fraudulent documents prepared by Secretary (Opponent no.2), sought its declaration of illegality. The additional floors illegally constructed on the bases of fraudulent documents is also challenged and sought for its demolition.

Disputant appearing in-person encountered with Cardiac problem, was hospitalized, could not appear afterward in matter. Dispute was arbitrarily dismissed by trial Court ex-partie, without giving to disputant an opportunity to file written argument.
Appeal filed against same is pending in Appellate Court.
The Opponent no.2 Secretary, because of his fiduciary relationship as being Secretary, S-111 of Evidence act and S-16 of Contract act have mandatory burden of proof to prove that during his tenure as Secretary he has not committed any illegalities and fraud in allotting development right to himself. He also has to prove that the documents through which he obtained development rights are legal and genuine.
But Secretary (Opponent no.2) is not at all in a position to file his evidence, enter into witness box and prove his case in Dispute. If he fails to prove his case, then- (a) document through which he allotted development rights to himself will become illegal, null & void; (b) additional floors constructed on the bases of said documents also become illegal, null & void and liable to demolish; (c) evidences given by him can be used against him in Criminal Case against him which can easily lead to his conviction; (d) Disputant will get their legal right and have a newly constructed flat of additional area, as per policy of BMC.
Regarding forgery of Disputant’s signature, Police complaint filed – Police obtain opinion of hand writing expert – Forgery of signature confirmed – Charge-Sheet filed and it is pending.
Therefore, now the Secretary (Opponent no.2) and committee members are trying to hatch another conspiracy before dispute and appeal filed by Disputant is decided. i.e. they come with proposal to demolish whole building (old existing plus additional floors illegally constructed above it) and to do re-development by appointing some builder.

Now the question:-
(a) When the additional floors is under challenge and matter is sub-judice, is it permissible and legal to demolish same?
(b) To stop Opponents from demolition of building before dispute and appeal filed by Disputant is decided, what steps require to take to restrain demolition, whether (i) to file a new application before appellate Court in pending appeal, or (ii) to file a Writ Petition before Hon’ble High Court?
(c) To appoint a builder and transfer the whole property to him for re-development is hit by S-52 of Transfer of Property Act? Can Disputant take help of said provision?
(d) Please provide citations in this regard, if possible?

Thanking all respected experts.
AK Jain.

Anonymous   23 May 2023 at 13:19

company not providing releaving letter

THe Company not providing releaving letter . Its been a month that papers are put by us. After putting down my papers in the next 2 3 days company sent a mail stating that mail account is suspended and I should not communicate to any one in the office and that I have done a fraud . I have been writing for releaving letter but no one is responding .
Now I have to join new company tomorrow. New company is aware that the precious employer is doing this to me for no fault of mine.

Need guidance

Nafeez Ahamed   23 May 2023 at 09:35

Factories act

Hi Experts,

I need a clarity on Factories act, when should be Rest room have to provided I'm not mentioning about the ( Urinals ) when it is applicable on the factory & how to view Gazette of a particular state on particular act.

SATHIYAMOORTHI M   23 May 2023 at 08:53

Dob correction in 10th marksheet

I have lost my 10th marksheet,it had DOB(20-08-2000).I have applied and received a duplicate marksheet with DOB(20-08-00).What is the procedure to correct it.