VIKRAM BALU
04 August 2009 at 17:32
A property was mortgaged in a Bank.
The same property was attached in an execution proceeding of a third party based on a money decree.
I filed a claim petition under order 21 Rule 58 of C.P.C. seeking an order that the bank mortgage is prior to the attachment and that any sale must be subject to the mortgage of the bank - to be mentioned in the sale proceedings.
I filed a mortgage suit and got final decree simultaniously the property was sold subject to mortgage in third party EP.
The Sale proceeds deposited is Rs. 20 Lakh
Bank Mortgage decree amount Rs.10 Lakh.
Third party Decree amount Rs.3 lakh
I filed an Execution petition in the trial court with prayer to attach the amount of the JD for realization of decree amount.
The execution petition was returned with order of judge himself that
"The mortgaged property has been sold subject to mortgage by another court. The petitioner is not liable to attach the sale proceeds. The petitioner is at liberty to file Fresh EP to sell the mortgage properties."
I want advice as to whether I am entitled to the sale proceeds. If so by what provision or relevant citation.
ganapathy
04 August 2009 at 15:45
Hi,
I entered into a POA on November 10, 2008 for selling my house. we have signed, got consideration and i have handed over the possession. We went to the SRO, teynampet and got authenticated by the sub registrar on december 26, 2008. For purpose of capital gains tax, should i take november 10 or december 26 as the transfer date?
naresh
04 August 2009 at 14:55
My original name is naresh but mistakenly mentioned in school nareshkumar. After that all certificate of educational related issued with nareshkumar name but I was mentioned all over personal life as naresh only. I joined government sector in1998 that time I done affidavit in front of magistrate regarding my name as same above, also mentioned in nareshkumar and naresh was one person. Now I apply for passport but passport office not consider that affidavit they ask genarat new affidavit as per their format .In their format meaning is from this date name change. my question is “can I do this affidavit or can I change my name in gazette now or Give me solution”
Pramod Kumar
03 August 2009 at 22:28
Dear Members,
Can anyone enlighten if I can initiate a writ petition in the High Court of any state against a public company with SEBI as the other party.
Is there any jurisdiction for initiating W.P against SEBI.
Regards,
Pramod
sagar parab
03 August 2009 at 16:50
Please can you help me, I wanted the following authority as I don’t have the books of the following authority please its urgent
1. (1989)1 Ren C.J 61(Ker)
A.K Sreedharan Erady V/s C. Sreedharan Erady
2. (1990) 1 Ker L.T 98(99)
Ayissa Umma V/s Ami
maynami
03 August 2009 at 13:24
Hi,
My wife has given 13 lakshs to one female without any document or proof without my knowledge, when i came to know this issue i scolded my wife and asked her to take any proof from that lady. When my wife asked about the same to that lady she has signed promisory notes and issued her husbands cheque for Rs 13,00,000 along with her father in laws signed cheque as surety. She asked her husband to execute her liability on a bond which was signed by her husband.
After 2 months, now she says she has returned us money.
We have deposited the cheque issued to us of her husbands for Rs 13,00,00 which was bounced. Now we have her father in laws cheque also with us. Now iam in fear and confusion as how to get my money and how should i approach legally.
will i get my money if i approach legally. Can any one suggest us the procedure and share your ideas
PRAKASHCHANDRA MARU
02 August 2009 at 23:01
HELLO ALL LEARNED EXPERTS
GENERALLY IN THE CIVIL CASES WE PROVIDE THE ZEROX COPIES OF THE DOCUMENTS ON WHICH WE RELY ON AND AFTER GIVING THE EVIDENCE WE REFER IN THE TESTOMANY AT THE TIME OF EVIDANCE OR LATER WE PROVIDE ORIGIANAL BEFORE THE COURT AND GIVE APPLICTION FOR THE EXHIBIT THE SAID ZEROX COPIES OF THE PAPPERS BASED ON ORIGINAL NOW MY QUESTION IS THAT CLIENT HAVE A ORIGINAL MONEY RECEIPT AND DONOT WANT TO PRODUCE BEFORE COURT DUE TO FEAR THAT IF IT MAY BE LOSS CAN I GIVE THE APPLICTION AFTER THE COMAPRING IT TO RETURN OR SHOW IF ANOTHER METHOD IN UR KNOWLEDGE
neelakshi
02 August 2009 at 18:55
A woman in governemnt service died intestate. she is survived by a minor daughter. she was separated from her husband for last 10 yrs but not divorced.she had nominated her maternal aunt (mother's sister) in her provident fund account.
1)Does the nominee have the right receive the provident fund amount,in this matter, as accoridng to the definition of nominee- the nominee is a trustee and not the owner.
2)As the child of the deceasesd woman is a minor, is it mandatory to make the nominee of the provident fund account a guardian of the minor child?
3)Can the maternal uncle (deceased woman's sisters husband)become the guardian of the minor child as the father is residing separtely for the last 10 yrs. and does not look after the welfare of the minor child?
P.S.Subbaraman
02 August 2009 at 13:29
Can the court grant a relief to the plaintiff in a specific performance suit when the unregistered sale agreement document is marked under proviso to Sec 49 of the Registration Act ?
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HARASSMENT AT REGD CO-OP HSG SOCIETY BY CONDUCTING BUSINESS
Dear Sir/Sirs,
Re:- Harassment and Nuisance created regularly since last more than 2 years by Mr Jaswant from FLAT NO. A- 004 , Premnagar No. 5,Co-op Hsg Society Ltd,
Off S.V.P. Road, Borivali(West),Mumbai-400092 by carrying on Commercial Activities at Residential Area.
REGN NUMBER : BOM/WR/HSG/TC/4227 OF 1988-89
I Kashyap Vyas the members of Premnagar Bldg. No.5 Cooperative Housing society hereby desire to stop any kind of Commercial Activities from our Residential premises with immediate effect. The owner of Flat No. A-004 Mr Jaswant is conducting business under name & style Jaswant & Company infact from 2005/06 ; almost since last 4 years. Initially we had no problem as business activities were relatively on smaller scale or say limited so it was not objected. But now business is being carried out in full swing from the above named residential premises. I stay at Flat no. A-003 had been verbally protesting for horrible Nuisance and Irritation since last 2 years ; had been lodging oral complaints to Secretary Mr Nitin, Mr Rajni Gandhi a senior Member of Society ( not committee member) and Mr Jaswant owner of Flat no.A-004 but Nuisance is continued as a usual schedule.
Even I had given 2 complaint letter to The Secretary & Managing Committee on 13/06/2009 and 16/06/2009 .But to our surprise no action is taken by The Secretary & The Managing Committee even though being vested with full power , authorities by members of Society. (The members of co-op housing society). The contents of letters is reproduced below for your reference ;
“My family is undergoing very awful and nasty situation since last more than 2 years due to full-blown and total business activities being conducted by owner Mr Jasubhai from Residential Premises at Flat no. A- 004.
I hope the Managing Committee would give very …….straightforward And ……..transparent Reply to my following questions :-
? Can any Member conduct business activities from Residential Premises causing Nuisance , Annoyance to other Members without taking permission from Local Authority or Society Authority ?
? Has Mr Jasubhai has been authorized by Society and Local Authority ? If authorized please show me any such consent letter. ?
? Even if any such permission is granted or obtained ( by illegal route) at Residential Premises the same can be treated as annulled Ab - Initio ( Invalid from beginning) on objection or protest expressed by any just A Single Member of Society. I want very expert and honest view of Managing Committee & all Office Bearers on this issue ?
? Under circumstances if business is conducted unlawfully and illegally why Society Authorities does not compell to stop such commercial activities ?
? Last question to all members of Managing Committee And Members of Society ; will you allow any such problem creating activities nearby your Place of Residence ? Please give me specific reply YES OR NO ?
I request you to please stop commercial activity at above named flat no A-004. It is causing lot of disturbance to my family since last 2 years. Daily at odd Hours whether morning---afternoon --night or late night some kind of activities is always on ; daily people in large numbers are visiting the premises causing horrible disturbance. Large numbers of strange people are always there to have close look into my Drawing Room. Why we live at Residential Regd Co-Op Hsg Society ? We want some kind of law & order ; we want com