Kvijay12345
30 April 2015 at 14:19
my friend had taken a vehicle loan and dispite of his several requests for the copies of the loan relevent docs, the nbfc for three years failed to furnish any copies of these loan related docs including the sanction letter and the loan agreement which were signed blank by my friend at the time of the processing of the loan. Meanwhile he continued to pay the EMI on loan and finally when he realised that the nbfc is not willing to give him copies of those loan docs,he stopped the EMI on loan after the intimation to the nbfc.Then after three years my friend got loan docs in which he observed many discrepencies which he immediately brought into the notice of nbfc. There was a dispute over these loan documents including the loan agreement. Instead of solving the dispute, the NBFC got the arbitration award passed in its favor without the knowledge to the consumer and towed away his vehicle forcibly without giving any intimation to him or local police station and also without giving the copy of this arbitration award to the consumer. The consumer therefore moved to the District Consumer Forum seeking for the compensation.Now the NBFC have filed their say stating they have possesed the vehicle with the help of that arbitration award.I have heard that such disputed loan documents can not be utilised for arbitration proceedings before solving the dispute and an award based on these disputed papers is invalid.Can the disputed loan documents including the loan agreement be utilised for arbitration proceedings and the arbitration award be passed based on those disputed loan documents? Is such an arbitration award passed based on the disputed loan documents is valid and can the vehicle financed be towed away with the help of such an arbitration award by the NBFC without going through Execution proceeding in the civil court to repossess the vehicle? under which section of the The Arbitration and Conciliation Act, 1996,the award passed on the disputed papers is invalid?
Khaleel Ahmed Mohammed
22 April 2015 at 10:07
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lalatendu das
14 April 2015 at 13:01
Sir we are staying in an apartment for last 11 years.at the time of construction the plan approval authority was with local BDO and builder had taken the approval. Now 2 days back a local news channel has telecasted that our appt.is illegal and why development authority(not BDO) is taking steps to demolish the appt.which has created panic among occupants of appt.
now I want to know whether we are in a position to take legal action against that chanel or not.if its possible then what legal action we should take.
S.R.Venkatraman
09 April 2015 at 13:19
In a case of land grab, F.I.R has been filed under I.P.C Sections 420/447/468(non-bailable offense)against the accused -The matter has been transferred to the C.C.B, Chennai after land grab cell was set up.However,no further action has been forthcoming from the police department on the pretext that the accused obtained 'Anticipatory Bail'from Madras High Court.
On my personal visit to The C.C.B office, I was informed that the investigation has been completed and charge sheet need to be filed after the investigating officer obtains the statements from the accused - However,the police has been maintaining that the accused have obtained Anticipatory Bail.
I discussed the matter with my advocate to know the truth-My advocate says that F.I.R has been filed against the accused only after investigation into my C.S.R and after clearly identifying the gravity of the crime as falling under I.P.C sections 420/447/468 and proves the offense committed by the accused.Therefore, the question of anticipatory bail does not arise.My advocate further states that anticipatory bail is granted to prevent police from arresting a person on mere 'perceptions' and assumptions that the person might have committed a crime-once the crime is proven, the anticipatory granted to the person gets cancelled and the police ought to arrest the accused and bring him/them to court for further trial under criminal law since land grab falls under criminal law.
Anticipatory Bail is only a temporary relief granted to a person so that he does not suffer harassment or unjustified imprisonment due to police action.
If this interpretation of law is correct, I would like to know whether the police is right in giving the same excuse for not arresting the accused even after the crime committed by the accused has been substantially proved.
supreeth
09 April 2015 at 11:42
my grand father and his brother living jointly, my grand father brother has no son or daughter and he adopted my uncle and he executed unregistered deed in 1982 to my uncle. but his wife (grand mother) illegally changed our ancestor property and joint property to her name and executed gift deed in her brother name. now property changed to her brother name when suit is running but my grand mother had temporary injunction against my uncle. last year my grand mother expired. now her brother applied for temporary injunction and police protection under section 152. but civil court rejected his application and given order if he has injunction order under rule 39 (1) and (2) he can apply 39(2A) for protection.
now what we can do now. he will apply for Temporary injunction and protection?
against gift deed can court give injunction order?
Kindly help us.
Athi Vishal HD
25 January 2015 at 09:17
Respected Sir/Madam,
My cousin's sister is an mentally ill(By birth) aged about 45 years. He is only taking care of her.
Is she has rights in the ancestral property
of my cousin which comes from his father side?
Please advice?
Malay Bhattacharya
17 January 2015 at 18:43
Respected Sir,
My Father(Expired) and my uncle ( stil alive) had purchased a land 12 kathas and got registered 6 kathas each in their name respectively and this land falls in 2 dags.They had amicably divided their plot between each other and that divided plot was not registered with a demarcation site plan but a site plan made by both of them in a plane paper and signed accordingly,but finally this site plan was not registered.Now my uncle wants to sell their some vacant land by dividing two parts,one part falls immediately in-front of our ( father's part) main entrance of our ( father's) building which around 1/2 kathas. I have offered them to give us that small part with current market price, but my uncle does not want to sell that 1/2 kathas to us. Now please let me know is there any proceeding which can give that small part 1/2 kathas with current market price? Please advice sir.
Thanking you
M.Bhattacharya
MANJUNATHA REDDY G
07 January 2015 at 13:42
My Grand father acquired 3 acres of Agricultural land in 1967, as it is self acquired property, the same was transferred to my father on the basis of WILL in 2000. The revenue records were in the name of my Grand father untill 2010. The katha was transferred in 2011 in favor of my father.
My brother filed a partition suit and accordingly the land was dived between us 1 acre each i.e father, brother and myself. We registered the Compromise decree in the sub registrar in 2013. we applied for transfer of the Katha in our favour. Meanwhile my cousins filed the partition suit and give an objection letter before the Tahasildar, for change of Katha(pahani). Summons was issued and after hearing he states that, the tahsildar can not mutate the registrar and tranfer the katha as there is civil suit pending. Pl let us know how to over come this problem. Pahani should be transferred based on decree passed in our family suit as well as based on the registration of the same decree. There is no stay in the civil suit filed by our cousins. How can Tahasildar stop the Katha is it not a contempt of court. pl advise.
sudhi raj f
30 December 2013 at 11:33
Dear Sir,
Land Occupant had sold the land to Third party without intimating the "Other Rights holders of the said property. Now the Third party name appears in Form I&XIV.
Mutation of the land also completed without intimating the Other rights owners.
Please advise what action to be taken.
Regards,
Suraj
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Rejection of AADHAR update 3 times
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