Shaikh Zahid
19 October 2024 at 08:11
Dear Sir
I am the owner of the 2 BHK flat in a co-operative society in Mumbai with 1 stilt car park (after parking my 4 wheeler in stilt parking there's no space left), I also have a 2 wheeler for which I had applied for a parking space application in writing dated 04/09/2024 which was refused by the managing committee on the 06/09/2024 saying below lines
"This is to inform you that there is no additional parking space available in the society premises. Please tie-up with someone who have stilt parking they will have provided parking space on rental basis. We will let you know if parking is built in future."
There are people in the society who have taken 2 additional parking space for 2 wheeler after having stilt car park, so my question is not the onus on the society to provide parking space (There are still few 2 wheeler parking space left) in the society, which can be utilised to provide parking
Due to this I have started parking my bike under my stilt car park, but then the bike stays out of the stilt area, for which they have applied a fine of Rs. 1500 on my maintenance bill (They have not given anything in writing prior to applying fine in the bill)
What they have given is some rules from the AGM register related to parking of vehicles in the society premise.
is there a way to seek interim parking space through the Registrar or Co-Operative Courts in Mumbai (Do note that this building is built on MHADA land for which we pay LEASE RENT CHARGES to MHADA every month) if yes then what should I do next in-order to get some interim order form the court until a permanent parking space is granted to me so the society DO NOT APPLY further Parking FINE CHARGES to me.
Look forward to your kind reply
Many Thanks
shyam lal
17 October 2024 at 10:21
The unregistered family settlement pertaining to undivided immovable property clearly mentioned that the property is to be equally divided 50.percetage each.
. Query. 5years have passed one of the share holders is refusing to demarcate his share on paper there by denying the other share holder to sell his share to a third party..what is legal way out.
Pralhadrao
15 October 2024 at 00:17
Sir, I have purchased site 20 years back in karnataka and which was approved by BMRDA. The approved plan has no site number specified on it. Plan with empty boxes.
One of my friend told to check KJP from survey records. I did not understand.
Whether I can get site numbers on the plan or survey number by applying to survey settlements and land records in Bangalore, karnataka or any other way to get it. Please help sir.
Anonymous
14 October 2024 at 22:59
ours is a 53 year old tenency building which our landlord has given to a builder for redevelopment
i am a tenent of the building and hav terrece over the house its access is from my house.
there is a common terrece for other tenents
what do i get in return of the terrece from the builder
He is saying 50%
Anonymous
14 October 2024 at 19:01
ಪಹಣಿಯಲ್ಲಿ RR5 -561 ಕ್ರಯ ಎಂದು ನಮೂದಾಗಿದೆ... ಈ ತರಹ ಇರುವಂತಹ ಜಮೀನು ಸರ್ಕಾರದಿಂದ ಮಂಜೂರಾಗಿದ್ದ ಅಥವಾ... ಖರೀದಿಸಿದ್ದ ಅಂತ ತಿಳಿಸಿ..
Zeeshan
14 October 2024 at 18:02
Hello sir,
I have a case going against legal heirs of my tenant who made fake papers of my shop and claim themselves as owners.
There are total 5 defendants, 1 wife, 2 son, 3 daughters.
Two of the daughters give SPA (Special power of attorney )to 3rd daughter's husband to give evidance and cross on behalf of them.
Is it legal ? What law says ?
Please help.
Thanks
Shaikh Zahid
14 October 2024 at 08:52
Dear Sir/Madam
I live in a co-operative Hsg. Soc located in Malad Mumbai
We have 2 gates in our society of First (main gate) is kept open for movement of residents and vehicles on a daily basis
There are only 2 gates in the building and this second gate (is kept locked) 24/7, and the society takes Rs. 1000/Month and allow 2 vehicles of type 4 wheeler to be parked in front of the second gate, Now due to this the gate gets fully blocked and if any Fire or emergency happens people cannot escape from the building using this gate, nor any Fire Brigade or Ambulance vehicle can get inside the building.
When I raised this concern, the managing committee says they have considered this and say they are in compliance with this and say we have the keys of the vehicles with us which can be moved.
My question is this allowed in the first place to block the second gate of the building with parked vehicles as no one know when Fire incident can happen,
What should I do if managing committee is not keeping the second gate free of any obstructions
It is the secretary of the society that is stubborn as he has parked 1 of his vehicles in front of the second gate and is defending his actions saying there are monetary benefits to the society in doing this
Please advice
Many Thanks
Mustafa Savai
09 October 2024 at 17:18
Can 4 brothers in which 1 brother will let go his share in the house property {standing in the name of Mother(expired)}. Later 2 brothers will pay the 3rd brother his share and get the property transferred on their name.
So should a release deed be made or a family settlement deed will be helpful.
bharat khatwani
06 October 2024 at 19:54
WHAT ARE CHALLENGES OF FILING CASE UNDER SECTION 211 OF IPC?
Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=936115Pl. check out legal opinion on baseless Legal notice and law and opine.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.aspa baseless legal notice itself, while not necessarily leading to a court case, can also be considered a misuse of the legal process if it’s meant to intimidate or harass the recipient.
When it comes to baseless legal notices, while there might not be specific case law focusing purely on legal notices as standalone documents, the broader principles of abuse of process, malicious prosecution, and frivolous claims can apply if a notice is sent with no legal basis. These notices often serve as a precursor to a potential lawsuit, and the intent behind them can bring them within the purview of judicial scrutiny.
Here are some concepts and case laws that touch on baseless claims or notices and their misuse:
1. Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2008) 6 SCC 431
Summary: In this case, the Supreme Court of India discussed the issue of abusive legal strategies, particularly involving frivolous claims and intimidation tactics through legal notices.
Ruling: The court condemned the use of legal notices that were primarily aimed at harassing the other party and making unreasonable demands without legal backing.
Significance: The ruling made it clear that even the issuance of baseless legal notices can lead to misuse of legal process charges if it can be proven that the intent was to harass or intimidate.
2. CIT vs. Anjum M.H. Ghaswala (2002) 1 SCC 633
Summary: In this case, the court examined the misuse of judicial or quasi-judicial powers through issuing notices that had no legal basis, discussing the potential abuse of process through administrative or legal notices.
Ruling: The court emphasized that notices issued without legal basis and with a malicious intent can be penalized. While this was a tax-related case, the principles apply broadly to the issuance of baseless legal notices.
Significance: This case establishes that even the issuance of a notice must be rooted in proper legal authority, and failure to do so could lead to sanctions or penalties.
3. Amritlal Goverdhan Lalan v. State of Gujarat (1999) 8 SCC 613
Summary: This case addressed harassment through legal notices in a property dispute where baseless and false claims were made in the legal notice to coerce the opposite party.
Ruling: The court criticized the practice of sending notices that have no factual or legal basis as a malicious tactic designed to pressure the other party into submission.
Significance: It serves as an example of the court condemning the practice of using legal notices as tools for harassment when they are not backed by legitimate claims.
4. GlaxoSmithKline Pharmaceuticals Ltd. v. Union of India (2014) 1 SCC 258
Summary: Although this case primarily dealt with commercial matters, the court discussed how legal notices with no proper legal foundation are often used as a strategic tool for harassment.
Ruling: The court pointed out that legal notices that serve no legitimate purpose and are not grounded in law can be considered an abuse of legal procedures, even if they don’t lead to immediate litigation.
Significance: This ruling shows that abusive or baseless notices can be sanctioned by the courts as a misuse of process.
5. Canara Bank v. N.G. Subbaraya Setty (2018) 16 SCC 228
Summary: The case dealt with harassment and frivolous demands made through notices, which were used to intimidate the recipient.
Ruling: The court strongly condemned the use of frivolous demands through legal notices and noted that such tactics could amount to an abuse of the legal system.
Significance: This case reaffirms that even if a case doesn’t make it to court, the misuse of legal notices can still be penalized.
6. Satish Kumar & Others v. Surinder Kumar & Others (2006) 2 SCC 367
Summary: The court addressed a situation where one party used a legal notice to make inflated and false claims regarding property ownership, attempting to coerce the other party into a settlement.
Ruling: The court dismissed the subsequent case based on these false claims and imposed costs on the party that sent the baseless legal notice and pursued the false claims.
Significance: This judgment underlines that sending a baseless legal notice with the intent to mislead or extract unreasonable demands can backfire if the notice escalates into a court case.
IPC Section 211:
If the baseless legal notice eventually leads to false criminal charges being filed against the recipient, the sender could potentially be prosecuted under Section 211 of the Indian Penal Code for false charges with intent to cause injury. This section penalizes individuals who institute criminal proceedings based on false information.
Conclusion:
While there may not be a significant number of reported cases solely dealing with baseless legal notices, courts have repeatedly emphasized that using legal notices to harass, intimidate, or extract unreasonable sums is unacceptable and can be treated as an abuse of legal process. If these notices lead to malicious litigation or unjustified demands, the parties responsible could face penalties, punitive costs, and even criminal prosecution under certain circumstances. WHAT ARE CHALLENGES OF FILING CASE UNDER SECTION 211 OF IPC?
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Pathway issue
The land owner decides to sell his land. The land is in single survey number before its sales and a single land without any common path before sales. My father(First buyer) bought a some amount of the land(with house) and in that registration 10ft common path has been included but the 10ft path was never there before the seller decides to leave a 10 ft common path for the buyers but the second buyer bought a remaining land which includes the path beside my father's land. Is it legal to do that ? but we needed the common path to maintain the back side of our land. What should we have to do legally to use that common path ?