RAMJI
21 August 2014 at 18:31
Dear Experts..
This is a consumer complaint on which dist forum made order, i appealed at state commission against the order. Two hearings over at Registrars court, last hearing opposite party advocate appeared and submitted a memo to registrar asking to post this case BEFORE COMMISSION ON 26TH AUG 2014. I WAS given a copy too.
Now, it is not possible for me to appears on 26th Auh before commission, i am planning to request for alternate date..my queries are
1. Can i submit it as a reply to his memo that im unable to attend on 26th ...and ask for alternate date at the Registrars office?
OR should i submit a memo on the same TO STATE COMMISSION.
2, Can it be a fresh memo or reply to memo of OP?
Thanks Regards
Ramji
Naveen
21 August 2014 at 17:09
Dear Sir/Madam
I use to stay at Bangalore in a rental property and the same of covered under proper agreement for 12 months (till July 2014)
As per the agreement, I had paid 100000/- as an advance amount with rental of 13000/- per month and 10% increment on yearly basis, there shall be one month notice either side for vacating the flat. I had given one month notice to my Flat owner and vacated the flat. I had cleared all the dues to the Flat owner. Now the flat owner is making an obligation that the notice period is 3 months and he/she had signed the agreement without noticing that. For that he is deducting one month rent for wear and tear expenses which was not at all mentioned in the agreement. He is not even attending to my communications.
Please advise me to how to get my money back.
I have only photostat copy of agreement and but I have all maintenance bills on my name from the society for last 12 months.
Please suggest me for the way forward to come out my situation.
Regards,
Naveen
Kumar
20 August 2014 at 23:59
Hi Experts, I have private complaint 200 crpc and sequence completed are:
1. Summons to accused
2. Po investigation and report (DIR)
3. Evidence by petitioner given
and next is pending for "Cross examination" of petitioner by me.
I would like to know exact sequence of proceeding. Below is a sequence for another case and send by my friend for reference.
please send me for Dv act.
Another scenario:
General sequence for your reference
1] F.I.R.
2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.’s permission is required for arrest.
3] Bail. Police asks for ‘Police Custody’ (called ‘PC’) for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for ‘Judicial Custody’ (called ‘JC’). Then accused apply for ‘bail’, say from ‘police prosecutor’ (called ‘pp’) and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that ‘bail’ is always granted from ‘JC’ AND NOT FROM ‘PC’. The process in legal fraternity is called breaking ‘PC’ to ‘JC’.
4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.
5] At the time of receiving chargesheet which is given free of cost to ‘each’ accused by ‘pp’ in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called ‘Final Report’ – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.
6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).
7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.
8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused’s counsel cross examine her.
9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).
10] Then I/O’s examination-in-chief by PP and cross by accused’s advocate (counsel).
11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused’s advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).
12] Accused are examined by magistrate u/s313 Cr.P.C.
13] Then PP gives argument, then accused’s advocate gives argument.
14] Enjoy – Now order – Acquittal/Sentencing.
D Chavan
20 August 2014 at 22:01
In our society in MUMBAI owners submit REGISTERED & STAMP DUTY PAID Leave and License. Recently a owner has submitted NOTARIZED leave and license agreement to the society. He says that It is his look out whether to submit registered LL agreement or not. Can society accept such agreement or should insist on Registered LL Agreement?
Knowledgeable persons please guide.
venpa
20 August 2014 at 15:16
Hi all,
some 3 years ago, me and my fiancee went to some sight seeing. all of a sudden the police came and arrested and had put ITP cases against me. we were taken before the magistrate . After knowing the truth, he released my fiancee and I was taken to jail. I got the bail on the next working day. We are married now. meanwhile, i cleared some entry level government exam and awaiting the appoinment order. will i get the job? what i have to do to check if my case is still pending or finished?
Jyoti Gupta
20 August 2014 at 11:37
very urgent, could anyone tell me that how can i amend a clause in Memorandum of Understanding..
D Chavan
19 August 2014 at 22:53
AGM of co operative housing society, in Kandivali, Mumbai is on 24th of this month. 14days notice is given in time. Now a letter from about 10 members is given today i.e on 19th stating that increase in maintenance by Rs.100/- per month from the members towards Cultural Activities to be discussed in AGM.
This point ( increase in maintenance) is not on the Agenda of the AGM. Whether we can increase the maintenance by Rs.100/- per month if it is decided in AGM by the majority of the members?
deepak Shivnikar
19 August 2014 at 22:43
Can I file OA in CAT MUMBai against the appellate order , when petition is pending with the authority w e f 12-05-2014 against appellate order dated 17-09-2013 , advice for the best lawyer for the same
elango.parameswaran
19 August 2014 at 22:26
Dear all,
Can anybody explain in detail the formalities of handing over of the
FLAT to the owners
by the Builder on completion of the 2 years Maintenance period. Please
suggest as to
what are the documents to be obtained from the Builder and how to
verify it before acknowldeging receipt of the document. Can the
Association receive the document sets
noting that "subject to verification".
Please advise.
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Can society charge 10% of the electric bill for using lift by kids using lift for coming to tuition
we are living in andheri and we have 18 member in all we stay on 8th floor my wife is teaching drawing /Art to small kids but society committee has raise objection and in AGM without agenda they discuss the use of lift by small kids and minuted that under the head COMMERCIAL USE OF FLAT :- the misuse including damages to elevators by children attending tuition condected by member and other related issue including parking by parents further it is written after extensive deliberations it was decided that that all the damages in terms of escalated electricity expenses and lift maintenance expense due to use of elevator by children be recovered from the member.further decided to collect on trial basis 10% of the monthly common electricity bill and 20% of the lift repairs and maintenance expenses(other than regular AMC charges) to compensate the damages to society dueto commercial use of the flat by us.the committee was instructed to intimate the same to the member(that is us) and ensure that the member do not construe this collection fro them as any protected or obligatory rights created in their favor.we are seeking your legal opinion as all the small kids coming for tuition to learn drawing is of the age group of 4 to 10 years and all are from good family and nobody has damage the lift how the committee can discuses this without agenda of the AGM and in our absence it was decided within few members and because of some few biased and prejudiced age old committee member they have minuted the same to create problem for us in future ?please advice us in this issue that can anybody take objection for a woman who is giving tuition within our flat to earn her livelihood ? and can a committee pass such resolution which is direct attack on right to do lawful activity ? can society charge such lift expenses or repair maintenance ? as mentioned above? one more point we would like to highlight that before we came to the society 2 years ago there was old building redeveloped and out of 18 new member 9 were old member and are relative and one member was already running coaching classes to teach french/ Japanese languages and other activity and they even put a banner also within society but nobody has taken objection for that but we are targeted intentionally by few committee member for the reason best known to them so please advise me what should we do and what reply should i give to them i will be highly oblige .please treat this as most urgent and reply Thanking you Bhavesh