Anonymous
01 August 2010 at 22:57
A person is doing share trading business. He is not a broker nor he does any share broking business.
this person trades over phone or internet through his home.
Now the society is raising objection that the person is making commercial use of his property. Pls note. This person is not having any board on his flat. Further the person carrys business on his personal name no, firm etc.
How should the person deal with the society.
M.Swaminathan
01 August 2010 at 22:24
Kindly give expert advice to my legal problem:
Though Munipality had issued water connection sanction way back in 2005 I am not issued the work order and water connection is not given to my building. I had filed a Writ before high court of Madras to issue directions to issue work order . Orally the Public pleader representing Municipality says orlly to the judge that I do not have proper sanction and hence water connection is not given.Iconstructed first floor in 1996. I applied for a residential plan but soon after construction been using the building for commercial purposes. I sent a letter to municipality stating that the building is used for commercial purposes and to assess the building at commercial rates. I have paid tax uptodate .Municipality has not questioned the usage all these years for commercial purposes.In 1999 I applied for further building plan first for residential purposes but later due to site exegencies submitted a modified plan showing correct usage of building in Feb 2000n showing modifications proposed. Municipality did not dispose off the modification request though they acknowledged receipt of the building plan request. After waiting for statutory 15 days time I issued a notice again I am using the building for commercial purposes aand going ahead to complete the building as per modifications.( the said modification request is not disposed off by Municipality) After completing the building Municipality issued a demolition notice which was dismissed in 2005 indcated under the Municipalities Act and sent a notice to Muncipality that in view of the modificaition plan request is not disposed off I am procceding to complete the building as per the modified paln submitted to Municipality. The said modification request is not disposed off till date.
In the mean time Municipality instigated CMDA ( Chennai Metropolian Developmentauthority) to issue a demolition notice I filed a writ and I obtained "Status quo" order and it is still in force.The point of put forth by me in the Writ was deemed sanction in view of non disposl of the modified plan submitted to Municipality within mandatory period. Since the matter is coming for hearing shortly within 4 days , indicate the judgements that could be quoted and the line of arguements to me made by the advocate to get favourable orders for issual of work order to get water supply.
Sent to : Admin on 31 July 2010
Anonymous
01 August 2010 at 21:14
What is the procedure to initiate legal action against a Chartered Accountant, for not mentioning categorically in the Auditor's Report about the conduct of the
Apartment owners' Association Managing Committee.
for e.g. The CA writes "In my opinion, proper books of accounts need to be maintained by the Association as required by the law has been maintained".
What are the steps necessarily to be followed to book the CA for his irregularities/manipulation under his zeal and signature, if found during and prior to AGM?
pratik
01 August 2010 at 21:08
1) As i have heard that we can file letter patent appeal in the high court only & not in the supreme court pls clarify me wether i am right or wrong.
2) Pls advice when appeal in perferable to the supreme court is better or letter patent appeal is good because i have heard that if the aggrived party is not satisfied by the order, judgment , decree of the same court than he can file a letter patent appeal to the division bench but the letter patent appeal is allowed in pecuniary cases only is it right that it is allowed in pecuniary cases only or we can file letter patent appeal for any cases pls clarify.
3) If letter patent appeal is filed & then also the decision give by the division bench is perfect accordingly to the aggrevied party than can he file a appeal to the supreme court or not. If the letter patent appeal is filed than before the division bench than it is called as second appeal or only first appeal only.
4) We can file letter patent appeal form divison bench to supreme court or not. (it means it will also include full bench, 5 judge & 7 judge & also the supreme court ).
5) Difference between letter patent appeal & second appeal , writ , writ petition, writ jurisdinction. ( also which ones is more advantages in any case).
Pls provide me the above mention so it will be very much useful to me pls.
Thanks In Advance
GOD BLESS U ALL .
SAM
01 August 2010 at 20:26
Sir,
SUB:Two different stand taken by two
different Lawyers
I would like to request your clear advice.
One male persion unduly influenced my mother to sign a sale deed to sell my mothers house.(By promising her to stay for her life time.This is not part od the terms of the deed)Eventhough she is not interested to sell.Then he evicted her.The first lawyer gave Notice that he executed sale deed instead of mortgage deed.He without replying to the Notice,apprached her lawyer abd by influence got an agreement(plain paper not registered) signed by both that The deed is infact sale deed and that out of a dispute subsequent to sale She issued a notice and that she withdrew the notice and for another 15 days she could stay in the house and that she should not go to court.( In the agreement it has been written in the shedule of property para as " Ownership Right-my mothers name and House no of the disputed house and address")
After that my mother sent another notice by another advote that you contravened that oral unwriten condition of sale deed of staying in the house for her life time and so the deed is not valid.
The trial court held that the plaintiff has accepted that the deed is sale deed.So with malign intention she filed the suit.And Dismised.
So i request sir what to do to overcome this position.Even if we apply pardanasin lady prtection,ratification in the agreement is there.Please advice sirs
---Sam
Anonymous
01 August 2010 at 17:56
I want to if there can be lien on a credit card can the banker block the sb account
pratik
01 August 2010 at 16:36
When there is a decision of a single bench or division bench of High Court in writ petition then appeal that lie against the decision it is called Letters Patent Appeal. For admission of the L.P.A. the matter is kept before the higher division bench of High Court. But as of today the issue of maintainability of L.P.A. is pending before the Hon'ble Bombay High Court Mumbai.
Query : So as per the abovementioed defination what do u mean by Single Bench or Division Bench & in general sense also if the decree or judgment is passed by the Single Bench or Division Bench or 5 Bench Judges Or 7 Bench Judges than which one is more effect in any court all over the india. also when Division Bench or 5 Bench Judges Or 7 Bench Judges are required to hear the case & give the decision. pls example me with the help of a example.
& A brief note of letter patent appeal everything in detail sir pls if possible with the help of a example(S).
Thanks In Advance.
pratik
01 August 2010 at 16:23
1) What is the limitation for filing the letter patent appeal? if not filed with in the prescribed period then what is the solution? Also can u tell me exactly what do u mean by letter patent appeal & who can file the appeal. IN short a brief inforamtion if possible with the case laws what do u mean by letter patent appeal. Does it override any law , section , or case laws of apex court. where to file a letter patent appeal.
(IN SHORT BRIEFLY EVERYTHING OF letter patent appeal)
Thanks In Adavnce.
raghavendra
01 August 2010 at 13:24
an it possible to file case in civil court before refering the case to athe arbitration and counciation board , when there is agreement in deed about refer case to the arbitration and counciation
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judicial sep
1) while case is going on & the audience sitting inside the court & if the advocate thinks to bring anybody how is sitting in the audience wants to bring to the witness box than advcoate should file a petition or not ?
2) Difference between judicial separation & divorce because i have come to know that if the court passes the decree for judicial separation then the remarriage is not possible in the whole life time of both husband & wife.Also i have heard that they can't have intercourse also if they meet in once a year & if they wish to have. As per which section or case laws it says that they can't remarry again. & intercourse is not allowed.
Thanks In Advance.
GOD BLESS U ALL.