Anonymous
13 July 2010 at 22:58
Hi to all Experts,
The City and Industrial Development Corporation of Maharashtra Limited (CIDCO LTD)is a Corporate body constituted by the Government and is developing the Navi Mumbai. The CIDCO constructed dwelling houses for Upper, Middle and Lower Income group and allotted to the members. The CIDCO by its own formed Apartment Owners' Associations by giving different names and numbers the Plots as Condomonioum. The CIDCO has not given a certified copy of Bye-laws to the Managing Committee of the Associations. It is not clear in the event of disputes of mismanagement of the Association who to approach for getting redress of the disputes either major or minor. For e.g the Housing Societies are governed under the Maharashtra Co-operative Housing Societies Act, and the Societies are accountable to the Registrar. The Co-operative Court is also an option to take up the disputed matter for adjudication. In so far as the Apartment Owners' Association it is not clear with whom the members should approach for eliminating the illegalities being continuously committed by the erring Committee Members. It is not know to the Association with which authority the CIDCO got registered the Association and under which provisions of law. Can any one clarify the correct legal positions and what the remedial measures can be taken in respect of the Aprtment Owners'Associations
pratik
13 July 2010 at 22:06
Whether order of consumer forum is a "Decree" and the forum is a" Civil court" (for the purposes of Art. 136 of schedule of limitation Act )? i think answer is negative. pls advide me
or
If we say (we exclude the above bracket) then also we can say it is a "Decree" and the forum is a" Civil court"
Also any case laws.
The execution petition valid for how many years. any section says.
Section 13 of the limitation act, 1963
13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for - In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court-fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court-fees had been paid in the first instance.
what do u mean by pauper ?
2)Before an MACT Tribunal in any cases, the final award is passed throught an ORDER and not a decree. which section says that it is a order & not a decree.
3)I have heard that the order passed by any tribunal is order or final award & NOT A DECREE SO as per which section or case laws it says that the order passed by any tribunal is order or final award & NOT A DECREE ?
Thanks in advance.
Nirmal Joseph
13 July 2010 at 17:49
I lodged a complaint before a District Consumer Disputes Redressal Forum in Tamil Nadu against a builder. The forum numbered the complaint and issued notice by registered post to the opposite party. But the mail returned with a notification by the postman saying, ‘Intimation Delivered’. So the Forum subsequently asked me to send a Private Notice to the opposite party and adjourned the proceedings to September 2, 2010.
I would be much thankful if someone in the forum could help me prepare a private notice in this regard. I require a format only.
I understand that if a registered post returns with the notification ‘Intimation Delivered’, it amounts to the offense of evading the receipt of the mail by the addressee. So a judgment can be obtained against the party as ex-party. Can any one of my friends in the forum help me by giving reference of some court verdict?
Thanks in advance!
Ramanathan
13 July 2010 at 10:18
My father expired 4 years ago. He owned a land (survey no 167/3) in 1988 in my native village whose total area is 34 cents. Now when we tried to mark four side boundary for the plot using government surveyor, we found that 25 cents out of 34 cents is acquisted by a family and they hold a house in that area. When we checked their documents, we found their area belongs to next survey number (survey no 168/4). But they have their house mistakenly build more than for 45 years in our survey number (167/3). We have clear documents, patta, EC for 24 years (min) and we are paying land tax for our entire plot (167/3) regularly. They dont have any documents related to our survey number. But they hold document, patta and paying tax for their survey number (168/4). Means, they are paying house tax for a house, which was not actually build on their survey number but on a belief it is.
Is it legally possible to vacate them and how long it will take or Is there any other possibilities to solve the issue. Kindly advice.
pratik
12 July 2010 at 22:20
types of suit a person can file.& the meaning of it
or pls tell me the book in which the detail info about the types of suit ? when can a person can file which type of suit on whom (It means detail infor) required.
Also tell me when can a person can file counter affidavit. when counter affidavit is complusory or any suit.
thanks in advance.
Anonymous
12 July 2010 at 18:17
Dear All,
If one of the siblings file a declaratory suit seeking declaration about his/her share of the property whether the same amounts to the partition of the property?
Awaiting your response eagerly.
Thanking in advance
Best Regards
Anonymous
Anonymous
12 July 2010 at 14:10
i would like to know that " If a person is having general attorney on property (Land)by his name. And after his death if he has not nominated any one then in case who will have the legal authority on the property ?
Plz. reply.
Anonymous
11 July 2010 at 17:57
Promissory note attested by two attestors A AND B and it was scribed by a scribe name X. The note was fabricated for Rs.10 lacs with the help of these 3 persons A.,B, and X FOR benefet of Z. A B have given false evidence in suport of Z. But, X states that it was blank and no amount was given to the person named in the note and says that NO ONE WAS PRESENT WHEN THE NOTE WAS PREPARED BY HIM.He says that Z has evil motto and done the entire thing with the collusion of A and B.PLEASE GIVE ME SOME CASE LAW ALSO IF POSSIBLE. THANK YOU ALL.
Anonymous
11 July 2010 at 17:33
Dear Sir,
My wife is a nominee to her father's immovable property. She has a brother and sister.
Suddenly her father expired , and no will of property was executed. in this case how to get the probate done through the court of law?
My wife intends to divide the property in three parts each one for herself, her brother and a sister. How this can be done?
The property is in a co-opertaive housing society.
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section 138 negotiable instruments act
does loose bill in the case of cheque bounce case can be used as evidence. in a case complainant has filed loose bill and is not producing his bill book and he has conteneded that in his buisness bill book is not maintained and he uses loose bills