Anonymous
01 July 2010 at 21:40
Is the private land acquired by government for silent value through forest Act can be retained back?
Anonymous
01 July 2010 at 20:39
In the first week of march i won a OA regarding my promotion from the Principal bench of CAT.I would like to know if there ia a TIME LIMIT for the Respondents (Govt.& Pvt.party) to get a stay or for filing a appeal. THANK YOU.
Anonymous
01 July 2010 at 18:23
Dear Sir,
Plz solve my problem with decided case/ case law
I purchased a property in a public auction from a bank. In order to register the property in my name, I went to the housing society to get the membership. The housing society claims that the previous owner (before me) of the land did not construct a house within 5 years of his purchase and they sent the owner a final notice that the society has taken over the ownership of the plot due to the non compliance of the society laws (or bye-laws whatever).
The previous owner had received loans (not a home loan) from a bank keeping the original sale deed of the property as a security prior to the final notice from the housing society. The society claims that bank did not obtain an NOC before giving loan to the previous owner and therefore their claim to the land is valid. However, the bank claims that they did not require an NOC from the society to lend a money.
The bank sold the property to me in an auction under the SARFAESI act. The property will be useless to me unless I can become a member of the society because I will have to get approval from the society to get electricity, water etc.
In short, here is the outline of events:
1992: X (assumed name) purchased a residential land in a housing society.
2000: X mortgaged the land to avail some loan (not a house loan)
2002: Housing society sent final notice to construct a house in the land otherwise his ownership of the land will be nullified due to the non-compliance of the society rules.
2008: Bank initiated the legal process to recover their loan. They put a sign board
on the land indicating the land has been seized by the bank.
2009: Land was auctioned under the SARFAESI act.
I was the highest bidder at the auction and was granted the certificate of sale from the bank after the full payment of the auction amount.
Society claims the ownership over the land even though the land is still registered in the name of X. They want me to get a copy of the NOC that bank must have gotten before granting a loan to Mr. X. Bank claims that they are not required to get an NOC for giving a mortgage loan.
Am I screwed here? I will not be able to register the land in my name unless I get an NOC from the society.
Please advice what are my options? Bank is willing to co-operate with me in any legal matters. I am willing to pay any maintenance fees past due on the property. I am located in Bhilai, Chhattisgarh.
Can a housing society claim ownership of the land without registering the land in their name?
Ashutosh
Ashvin Khambhata
01 July 2010 at 17:29
I have filled one suit against the against union to restraint them from dharna or demonsration under order 39 rule 1.2 of c.pc but civil court has not entertained this application on ground of juridiction hence rejected now i want to know wheather appeal lies or revision .pl also quote judgments
ASHVIN KHAMBHATA
AJIT KAWATKAR
01 July 2010 at 14:22
we moved a petition against Aurangabad municipal corporation for restraning them from our Legal srtucture within our boundries;which they claimed as ENCROCHMENT on RD.The Final orders were passed in our favour in 2003 It is as follows *2]suit is decreed *3Defendent[corporation]their agents etc.are hereby PERMANENTLY RESTRAINED from COMPOUND WALL & CAUSING OBSTRUCTION; INTERFERENCE;ENJOYMENT of COMPOUND WALL etc within their PVT ppty bearing c.s.----.*4]no orders as to costs *5]DECREE be DRAWN-UP ACCORDINGLY
My Q. is regarding [5] who's responsibility is to draw the Decree ;how to execute it ;what will be its effect?
binukokkad
01 July 2010 at 14:14
whether the rent controll court have jurisdiction/power to fix fair rent?
farooq
01 July 2010 at 11:09
Hello All,
We had a land registered on my mothers name which is sold by my uncle without our notice so we booked a cheating case making the buyer also as involved in this and the court has forwarded this to the police station.
We are afraid that is there any chance that the investigation report can be changed with the political influence?
If they do so then what can be done so that the case should be in our favor.
We are very helpless as they have good political influence even after taking the injunction order we are unable to do any construction work. I don't know how can we over come this?
Thanks in Advance to All Experts.
farooq
01 July 2010 at 11:01
Hello All,
Actually we had a case regarding a land. we took injunction order also.
we asked the surveyor to survey the land he said he cant do that when the case in court.
Is this true? or he is just telling due to political pressure what can we do regarding this?
Thanks in Advance to all Experts.
Far
Anonymous
01 July 2010 at 08:56
Dear Experts.
I am an advocate and I have been practicing since 21st Oct, 2009.
I have cross examined PW-1 and PW-2 reguarding pronote suit on behalf of Defendant. PW-1 in his Chief affidavit and in my cross examination he stated that he has given debt to Defendant for his family expenses and for the treatment of defendant health. Further he stated that he is doing finance business.
In my cross examination PW-2 stated that who is the father of PW-1 and also attestor of the said pronote like this his son has given the debt to defendant for discharging sundry debts. I questioned him that did your son (PW-1) has licence to do finance business. PW-2 stated that yes PW-1 has licence to do finance business. Even though PW-1 has no licence and not filed the copies of the licence. So PW-2 state falsely.
On the above two grounds is there any case laws to dismiss the suit.
Is the suit maintainable. It is my first case. Kindly suggest me some case laws to dismiss the suit.
thanks to every one who has read my query and for giving answer.
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