Anonymous
24 October 2010 at 17:54
Dear sirs/Experts,
Can I file Contempt of High Court order,as there is illegal construction taken place, which purposely blocks the way for laying Underground Drainage Line.The City Corporation has granted permission to put UGD line to me.Now Corporation is not helping me to lay the drainage by taking action against illegal ,unauthorized construction(demolition). Hence can I file in HC Contempt & Writ mandamus to direct police & Corporation to remove the illegal construction.
Please guide at the earliest.
Member (Account Deleted)
24 October 2010 at 15:24
If a general word is followed by a series of particular words then whether a general word occupies an inclusive nature.
If a general word although followed by certain particular words but those words by themselves do not create any series or genus what is the conseuqence of that general word.
in both contigencies mentioned above my query is how far the general word is restricted or is free in its operation and that, if such a general word is say "All kinds of vegetables such as a, b, d" then in such circumstances if i advance an argument that the series of a,b, c would also include x then whether x is included in it.
T.R. Ganesan
24 October 2010 at 10:54
Respected Experts, Shri. R. Ramachandran, Shri. Subrmanian, Shri. Parthsarathy L. and all other Experts.
The subject matter has been answered by the experts above.
My question is in respect of Lease and Free hold lands under the roof of Maharashtra Government floated the City and Industrial Development Corporation of Maharashtra Limited (CIDCO)of which negligible percentage of the land has been utilized by CIDCO itself for Housing allotted to the Higher, Middle, Lower and Lowest income groups on 60 years Lease, play grounds, educational and Religious institutions,amusement parks etc. Major part of the land are being sold to private entrepreneurs for development on 90 lease. These private business entrepreneurs majority of them are socalled Developers/Builders who make quick and brisk huge profits and run away after selling their respective property. There are many aspirants gain financially including small Estate Agents.
1) Can there be 2 set of rules under one Government to purchase and hold land. One is forever and another is for a given period of 60/90 years? The free hold land owner can enjoy the property right generations to generations where as the leassee or the next generations are to be at the mercy of the then Government?
What is the legal remedy to get this as free hold land as that of other area Mumbai lands are Free-hold?.
T.R. Ganesan
Anonymous
24 October 2010 at 07:29
my garndmother has a joint account with my cousin and due to dispute between them my grandmother ceased the account .The account is on the either or survivor basis .as she died on march'2010 we ask the bank to give us the money in the account as we are the nominee of the grandmother as she made a registered will on the name of my father .The bamk replies that we gave the money to my cousin as account is either or surivor,So sir i want to know that as my mother ceased the account so either or survivor is finished or not and what we do get the money from the bank.
Anonymous
23 October 2010 at 23:37
Mr. X used to lived at 3rd floor in an apartment. The apartment is 4 storeyed building.Mr. X purchased the flat from the developer. The ground floor and first floor is occupied by the landlord. Landlord has 5 children. Mr. X is given the responsibility after mutual consent of all the flat owners but not of the landlord to collect the maintenance charges from the flat owner as well as the landlord to meet the general expenses incurred or to be incurred on building. Landlord want that the responsibility should given to him in spite of he didn’t pay any maintenance charges till that date. So all the other members of the building didn’t gave the said responsibility to landlord as there was huge amount of due in his name for maintenance charges. So there is no mutual understanding between Mr. X and the Landlord. After a couple of month of that incident sons of the landlord started harassing Mr. X and his family. Before the occasion of Saraswati Puja on January, 2010 after some mutual understanding (urgument) between Mr. Y (younger brother of Mr. X) and Mr. Z (son of landlord). After that Mr. Z call Mr. Y downstairs and they (group of people with sons of landlord) started physically tortured on Mr. Y and then after Mr. X made a complaint to the nearest police station but they (police) didn’t take any action due to puja occasion. However Mr. X was not bother about and started living peacefully. But again as Mr. X has two motorcycle which he used to park downstairs in front of the building. Sons of the landlord always tries to harm the motorcycle of Mr. X. Sometimes they cut the seatcover of the motorcycle, sometimes they used to took out the looking glass of the motorcycle and sometimes and sometimes they put sand in the the silencer pipe of the said vehicle.
By this situation Mr. X is not able to live comfortably so he made an FIR to the nearest Police Station.Police made the FIR But won’t take any action, given the assurance that they will asked to PC party to take a round of that are and said that Mr. X should provide the evidence.Mr. X says that these things are done for the only reason of that Mr. X holding the responsibility of cashier. Is it feasible enough in this situation when the landlord is older residence of that area than Mr. X and Mr. X stays on the 3rd Floor.
Sir I am again repeating that Police demand evidence but how could Mr. X gather the evidence it is not possible that he forget his business and service and act as a watchman of the property and if he do so then are they mad they will do such thing in front of someone.
Please reply as soon as possible it is very urgent.
lavan kumar
23 October 2010 at 23:32
Hi,Iam kumar and i would like to know whether there is any instance that a court had condoned a delay of more than one year for filing 148 petition after 2002 limitation act, if so give me the citation and kindly help me
Anonymous
23 October 2010 at 22:58
yes sir terrace belong to us its nt a common terrace, my flat is on top floor wth area of 1000 sqft out of which 500 is one bhk flat and othr 500 sqft is open terrace we have paid for terrace while purchasing flat and are also paying maintainance of flat as well open terrace , we r nt allowed to cover our private terrace becos society is nt giving permission saying it is open terrace inthe map of the building and hence we cant change or cover it.
now the concern is d flat exactly down is facing lickage problem due to open terrace and our construction is 18 yrs old so wann to knw who wil bear expenses? we r paying maintainance so should we contribute or not pls guide ?
waiting for ur reply.
vinod bansal
23 October 2010 at 21:22
R/Experts
whether Suit for permanent injuction by tenant against landlord is maintainable or not.Thanx
vinod bansal
23 October 2010 at 21:19
R/Experts
Kindly let me know whether rent act is applicable on shops of improvement trust in Haryana or not
Regards
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source of money(sale consideration in a suit for specific performence
R/Experts
I intends to file a suit for specific performance,i have no documentary proof & written transactions in my account books, regarding source of money , total sale consideration is Rs. 35 lacs)what is the impact of this lacuna in my proposed suit in given facts.Kindly suggest.Thanx n Regards