yogesh
02 October 2009 at 13:37
I am contesting the case on the ground that "Appointment authority can act on its whims in making or decling appointment to any candidate"
Please provide the case laws if you come across any
Regards
yogesh
02 October 2009 at 13:31
Dear Sir,
I will grateful if any one provide me the sample/model format of written arguments of any case so that it will help me in drafting
Please e-mail me at yogeshmmm5@rediffmail.com,
y_mahajan@ymail.com
Regards
raja athimoolam
02 October 2009 at 09:11
'A' executed a sale deed to 'B' without title. Title to the property is with 'C'. Whether 'C' can execute and register a cancellation of sale deed in regiterar office? please guide
Abdul Aziz
02 October 2009 at 00:21
Hello Sir,
Please suggest me on below issue.
Below is the written complaints given to Managing Committee.
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Sir,
This is to inform you, I and my family staying at Flat #, Bldg # are facing water leakage problem since last one and half year, from the above said residence and informed the same to the resident owner however the owner doesn’t co-operate and adamant that I should bear the cost on my own to fix the leakage even if the leakage is confirmed from his residence.
His Water tank over flow pipe is located at the entrance of his kitchen which when left open to overflow for sometime, the excess water that’s gets accumulated at his bathroom floor start dripping continuously. In the past and even now when the owner and his family are out on vacation the leakage happens continuous due to the overflow pipe location and his vulnerable bathroom flooring. I again affirm that the leakage is from above flat which I can prove during the NMMC Water timing, if unproved, I will bear the entire leakage fixing cost at my own.
Although in the past the owner refused to bear or share the expense which I incurred twice to cement the gap of his bathrooms vulnerable flooring tiles and once with the owner consent decided to retile his bathroom floor, however the next day he refused to allow us to carry out the work when I had the material and labor in place and b’coz of which I incurred the loss and the leakage still exist. The owner has become habitual to not incur the expense even though the leakage is from his residence.
A similar incident happened in the past where leakage was occurring from water pipe of my residence to Flat # and the society made the decision that the leakage should be fixed at my cost since the leakage is from my residence, however after showing them the leakage source the society accepted and fixed the leakage at society cost since the leakage was from external water pipe. Hope similar decision will be followed when the issue will be confirmed.
Request for your kind co-operation to assist me to get the leakage issue resolved amicably from the owner of the residence at his cost and also reply me in writing about the society's stand on this issue in a week time or at the earliest.
Thanking You,
------------------------------------------
Below is the reply from the Managing Committee.
We refer to your letter dated ***
Your allegation of water leakage alone from flat # doesn't hold good as the same was inspected and found that flat # wall is also damp and is in bad condition.
The contention of your letter was deliberated and discussed by the committee on date *** and are of the opinion.
It is well settled principal and practise that all interior works within the flat are being carried out by the respective individuals. Society will be able to bear expenses of exterior of the building and common areas depending upon the need and urgency considering the availability of funds.
Hope the matter is clarified.
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In consideration with above reply from managing committe i have replied to them with another written letter saying i can prove the leakage is from above residence failing to do so i'll bear the entire cost of repair to fix the leakage.
The Managing Committee didn't inspect at my place before giving the above written reply. Also the reply is written by the defendant and signed by Managing committee.
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Please help me to understand the law of the above concern. Ours is Apartments Owners Association registerd in Thane district. The governing body is CIDCO and Corporation is NMMC.
Thanks for your valuable time and appreciate your suggestion on the above issue.
Member (Account Deleted)
01 October 2009 at 23:23
Lapse of time. Can buyer get money back?
To purchase a building part of amount was paid 7 years ago. Buyer is residing in abroad. Seller signed on stamp paper and received advance amount towards sale. A date (3 months from the date of agreement) was mentioned in the sale deed. If the amount is not paid it will be forfeited. Buyer unable to pay in time. Buyer came to India and sent a legal notice to the seller that the seller didn’t provide all documents. In reply seller sent paper and asked him to pay amount and register the building. In the mean time buyer went to abroad. After a gap 7 years buyer came to India... Now he wants to purchase that building as per the first agreement or return of paid amount with interest. Now the seller made an agreement with some body to sell his building.
Is there any chance to get his paid amount as an advance? If chance is there under what rule he can file a suit?
Please clarify.
muthukumar
01 October 2009 at 20:56
Sirs,
A property is purchased by Mr.X in the year 2006 and now he is able to build a house in it. But, some third parties told him that the property is taken by the Government for construction play ground.
my question is that
1) if a land is taken by the govt., it is necessary to intimate the landlord or not ?
2) What are the procedures taken by the Govt. while it has been taken a land for making a play ground.
Suresh
01 October 2009 at 20:21
Hi,
I would like to know about Injunction Order and its effect if its not obeyed.
We are a tenant and paying rent regularly.
4 years back my owner started rejecting rent(saying he has sold the property, but no one has appraoched for claimining the property) which was sent as money order, then we
started paying the same rent through rent controller.
My owner was receiving rent from 3 shops and one shop was mine. Recently few builders have approached the other 2 tenents and has done settlement with them, those 2 shop tenents are ready to vacate their shops. Builder has a piece of land behind the 3 shops which i mentioned, he has apprached them(other 2 shops) to get an approach road for to the piece of land behind the shops.
We have heared that after vacating the 2 shops he will dismantle the shops, in that process it is obvious that my shop will also be damaged as all shops are under one roof.
We have taken Injunction Order Vs the Owner ( whom we used to sent rent, as no has appraoched us for claiming the property owner, we dont know who the owner is)
My query is that now the bulder who has vacated other 2 shops is unaware of the Injunction order taken by us. Suppose he comes to dismantle the other 2 shops can we stop him from dismantling. can he be booked under the law of disobeying injunction Order. Please Advice.
WHATSAPP 91-8075113965
01 October 2009 at 18:12
sirs,
in a suit for eviction and arrears of rent, plaintiff was depending up on a kacheet[rent agreement]. after filing of the plaint,when the defendant was served with the copy of plaint, defendant came to know that rent demanded and period stated in the katcheet do not match, he gave a written statement, to that effect.
after , receiving the copy of the written statement, plaintiff seeks permission to amend the plaint.but, the defendant thinks of opposing the plaintiff"s attemptby filing a strong counter- statement, on the ground that it should not be allowed as, it will change the very nature and charector of the suit.
also,plaintiff came to know about this mistake only after going through the written statement filed by the defendant .
please advise me whether there is any ruling to the effect that amendmend should not be allowed .
salil kumar
advocate
thalassery-670101
Amandeep Singh
01 October 2009 at 08:42
Sir
We have got property share under an arbitration award but after award being passed by the courts one of the party challenged the said award. Against the challenge a compromise was executed in the same courts in which it was written that compromise is part and parcel and supplement to the same challenged award. Sir I want to know whether the compromise can be set aside as it contains certain terms of selling the house which we got in the original arbitration award.
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Property dispute in Muslim Law
I am Muslim.
I have 3 brothers and 3 sisters.
I am the youngest one of all.
My Father bought a plot(Plot 1) on his name and he died.
My Father had booked a plot which was later on registered on my name and my mother's name after his death.The registery was done first hand on our name.(Plot 2)
My eldest brother bought a plot on his name adjacent to the plot on my name & my mother's name(Plot 3).
My mother had 2 plots in her name before the death of my father. The registery of both the plots was done on her name long before my Father died.(Plot 4 & Plot 5)
Now there are total 5 plots in question.
Two of my brother's (2nd and 3rd) are creating problems by saying that they need their share in all the properties i.e all the plots stated above. They are not supporting my widow mother at all.Now they are harassing us by saying that they will send a notice on my name, my mother's name and my elder brother's name and pull us in court. We are ready to do a settlement by selling Plot 1 which belongs to legal heirs after the death of my father and distributing the money equally in 8 parts so that my mother and my sisters get equal share. My sisters have supported my mother & father in their bad times so I do not want them to be left out of their share. I even agreed to sell Plot 2 and distribute money in 8 equal parts but they are stubborn and want the sharefrom all the plots which do not belong to them or was not on my Father's name.
I am scared if they send a notice in my, my brother's and my mother's name then we will be harassed and my career will be ruined.