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Lijo Philip   19 November 2022 at 10:52

Housing (flat) society_online agm

Dear Team,
I would like to present a situation for my apartment and would need your kind response to the same -
Our six (individual) tower apartment is an associated party to Travancore Act and we have some internal rift with the activities conducted by the current Committee members (as of today). We have requested them before to call the AGM as per the rules with physical presence of Committee members to present the Financial Statements and elect new body.

So far, in last two years they have not conducted any AGM and now they have organized one in the month of November 2022 (after taking charge of the office in 2019-2020). Also, they have kept this AGM online with voting.

Can we argue here (by giving the reference of any law or case) that we need mandatorily the 'physical AGM' or 'Hybrid model of AGM' instead of complete online AGM where the changes of misconduct can be higher.

Your response with case or law reference is highly appreciated. Thank you, LP

d.chandramohan   16 November 2022 at 09:25

Reg partition suit

My grandfather bought 10 acres of land in 1911,he had 10 acres of land and he has partition with his 2 son in 1921,it was registered partition,which we didn't have knowledge.The heirs of my grandfather's brother without showing the partitioned deed claimed it as joint family property and got preminilary decree in high court for partition,when we came to know about my grandfather partition deed we went for review,now our counsel has withdrawn our review and says when they come for final decree,we can object and go to high court, please eeply

Anonymous   15 November 2022 at 15:55

Cheating the builders after collecting emd amount

A Company invites builders to tender and award to build 1000 houses under PMAY scheme at each locations (72 builders x rs 50 lakhs paid), EMD amount Rs 50 lakhs, as construction was going on, many builders paid the EMD, over the period all come to know it was a fraud company. Let us say Company 'A" who had collected EMD, fraud company, opens two subsidiary companies and make women as Directors. say "B" and 'C". Company "A" registers all the land meant for construction site in the names of "B" and "C". Legal system in India fails to prosecute both Directors of Company "B" and "C", in Civil case only property owned by Company "A" can be attached, as money was given to money "A". Now a police case criminal case is going on in sessions court, to whom 5 FIRS registered and 8 police complaints are there. Builders formed an association wanted to fight the civil case, "b" and "C" companies have all the lands. How to get our money and attach the land for shortages if any. Also how to implicate the Company "A" owner in to Goonda list Thanks

Ram Pratap Singh   15 November 2022 at 10:06

Adverse possession and a daughters right

A person had purchased a piece of land (through a registered sale deed) from a family member (male) before 15 years. now a daughter stands to claim the property by virtue of being daughter and having right of ownership acquired in ancestral property. The right of person can supersede the right of daughter as he is holding uninterrupted adverse possession of land.

Anonymous   14 November 2022 at 10:49

Query about the date of surrender

month and year in which sanad was surrendered

Raaj   14 November 2022 at 01:26

Confusiona

I have wrongly made obc certificate when im not mature. .but my grandfather document says sc so from prouf of sc i have made a sc certificate. .can it may cause problem when im appointed in govt job.

Anonymous   13 November 2022 at 13:17

Cheque bounce

There was a sale of property about 22 years ago and the buyers cheques bounced with insufficient funds and title of account was indifferant . We filed civil case cancelling the sale deed

The buyer is willing to pay with interest

my case is the whether i can treat the sale as null and void in court of law then and there itself on bouce of cheque

is there any case law available

buyer is manipulating and taking refuge under insolvency lAW



sridhar pasumarthy   13 November 2022 at 08:20

Stay of decree for permanent injunction

Respected experts,

A decree was passed in a suit filed by plaintiff granting permanent injunction restraining the defendant from interfering with the possession and enjoyment of suit schedule immovable property, on contest.

Now, defendant preferred an appeal along with application under Order 41 rule 5 cpc seeking stay of execution of the said decree. Is it maintainable?

Pls give your valuable inputs. Thanks in advance.

kunhi marakkar   12 November 2022 at 14:18

Payment failure

In the year 2019, I had to pay 15 lakh rupees to a person as per an agreement that I can pay 6000 rupees per month in 20 years and for that I will give 30% of my property as security and I will return the security once the entire amount is paid. But due to the crisis during Corona, I have not been able to pay the monthly amount of 6000 rupees for the last two years. So if this party files a civil case on my behalf now, will my property be confiscated? Can they claim only 30% as per agreement? The value of the property is now less compared to the price of the property and the number to pay. So will they be able to attach my remaining 70% through the court? Can I get a stay from the court for not being able to return due to the corona crisis? How best to deal with this case?

D.G. Mohan   10 November 2022 at 11:57

Defence in money recovery case

I'm defendant in money recovery case. But complainant has to pay me money in some other matter. Hence I have not paid him. Can I take that defense stating that he is due to me which is more than the suit filed amount. I can submit documents pertaining to defense.