Hiten Jain
28 June 2012 at 16:47
Our society Managing Committee has still not made a Bond M-20.If there is no Bond M-20, what are the consequences? When Bond M-20 should be made? If in every AGM a new committee has been appointed, then Bond M-20
should be made after every AGM ?
If the outstanding maintenance of member is more than Rs.5000, then a Society Secretary/ Chairman cuts their Water Supply. Does they have a rights to do that? If no, then if they do what a member should do?
varma
28 June 2012 at 14:07
My grand mother has 3 sons 1)raju ,2)Ram & 3)satya In year 1985,she has given her propety 4.2 acres of land through Will in name of Raju - 2.1 acre & satya - 2.1 acre & that WILL also registered in subregister office.
My grandmother was died in year 1987.But before her death ,Ram &satya become unique & created registered fraud GPA for 1 acre land of Raju on name of satya in year 1986(taking thumb prints of my grandmother when she was alive but I have no proof now) & same land was sold to Mr Ram on 5 Rs stamp paper but it was unregistered.
In year 1988,Raju came to know that out of 2.1 acre ,1 acre land was sold to Ram by satya through unregistred document.
In year 1998,Raju had filed suit on Satya & ram for making fraud GPA & for declaration of Title.But Raju had lost the case in year 2000 & He appeal in high court in year 2000.
Unfortunately satya had died in year 2010 & Ram had died 2012 &I(raju) had file the case on Ram & satya legal heir.But they are not appearing in court.My question is
1)Whether I(Raju) can get decree in his favour in the absence of Ram & satya legal heir.
2)Sice case has run for last 12 years,whether court can consider those arguments also before hearing in absence of ram & satya legal heir.
3)If satya legal heir not present & only Ram legal heir present,then what is the case status
Ramesh
28 June 2012 at 12:19
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family family my grand father had given an inam land on a permanent lease to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Ac7-07guntas, which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised for 60/40 in favour of litigant.The compromise deed is signed by the GPA holder(who he is not authorised; not mentioned in the GPA,given to him).
Please gothrogh the attachment, where in High Court of AP, my Advocate not able to contest the case properly, may be because he don't want...
{As i am not able to attach the file iam pasting the same here, please:
Issue No.1: What was the extent of the land leased out to Mrs.k’s husband?
The appellate authority held that the entire area admeasuring Ac.49.39 guntas was leased out buy late Sri.B in favor of late Sri.N, in old survey No.279.
The appellate authority reached this conclusion after personal inspection of the property in dispute, the examination of original lease deed and the other attendant circumstances like Revenue Records.
The learned consul for the petitioners Sri. PR, made an attempt to demonstrate that the conclusion reached by the appellate authority is not correct. On the other hand, the learned counsel for the respondents Sri. Su R submitted that it is a question of fact decided by the appellate authority, on appreciation of evidence and this court in exercise of its jurisdiction under Article 226 of the Constitution of India , will not sit as an appellate Court, to re-appreciate the evidence and interfere with the finding of the fact rendered by the competent statutory bodies.
I accept the submission made by the learned counsel for the respondent-Sri. Su R. It is a settled principle of law that this court will not in exercise of its jurisdiction under Article 226 of the Constitution of India, sit as an appellate Court to re-appreciate the evidence for the purpose of judging the correctness of the finding of fact recorded by an inferior tribunal unless it is demonstrated that the finding is absolutely perverse or based on absolutely no material It is not the case here. There was some material before the collector to reach the conclusion and in reaching the said conclusion; he categorically discussed each and every aspect and the evidence available on record. Merely because an alternative view is possible on the said evidence, this court will not be justified, in my view, in interfering with the finding of the fact.}
Thanking you ALL in advance,with a request for an erly reply please.
kamal
27 June 2012 at 19:17
landlord filed case against me for nonpayment of rent and subletting.iappeared through counselbut never filed ws. case proceeded exparteand decided exparte. sub tenants left and handed over possession to landlord.i have been given 2 month time to vacate by court which i came to know from somebody as i have officially no knowledge of court decision. i have not yet vacated.can i save eviction. i may state that i have no money to deposit arrears.can case be linger on by going to higher court
Thyagarajan
25 June 2012 at 11:23
The Executive Committee of our flat owners association backed me up (by a resolution) in a case I filed by my own in a Court against Corporation of Chennai for the benefit for the association. I am a flat owner myself. I won the case and sent the bill for cost of filing. It was refused. The reason quoted was that I approached the court of my own and the backup was for moral boosting only and not for reimbursement of cost of filing as well. The resolution says the Committee feels there is no necessity for filing a separate petition by association since I am following the case.
I and the Secretary, who refused, are going before the General Body of the Association to get votes (total 177)
Can any member advise who stands a better chance on legal grounds?
Satyam
23 June 2012 at 10:07
I am in search for Supreme Court Judgements i.e on Final Decree Proceedings can u please Help me actually In the Final Decree proceedings was state as equal shares of the property but the parties did not been shared equally inspite a part of property was leased to one of the party. Can we request for the Final Decree Proceedings in Supreme Court as the case is in Supreme Court of India, are there any Judgements supporting the Final Decree Proceedings at this stage kindly help
subhomoy chakraborty
18 June 2012 at 14:33
As per section 59 of West Bengal Co-Operative Societies Act,2006, the co-operative bank is entitled to deduct the defaulting amount/debt/other demand of the borrower from the salary, wages or gratuity payment by the employer and in this respect an undertaking agreement generally is entered between the borrower and the bank in order to secure such demand. In addition, the employer is legally liable as a Deemed surety to pay the debt as demanded by the bank, failing which necessary interest may be imposed by the bank to such employer.
1) Whether the employer statutorily will be binding for such payment/demand as made by the bank as the concerned employer is not a party to the undertaking agreement ?
2) Whether the bank can touch the gratuity payment of the borrower in case recovery of loan amount?
3) Whether SARFASI Act will be applicable for co-operative bank ?
4) Your views.
varma
18 June 2012 at 09:05
lakshmi has 3 sons namely Ram(35Y),Raju(33Y) & Satya(30Y). In year 1985,lakshmi given her propety 4.2 acres of land through Will in name of Raju 2 sons say 'A' & 'B' - 2.1 acre & satya '1' son say 'C' -2.1 acre & that WILL also registered in subregister office.
Main contents in WILL are
1)Raju & Satya can enjoy the property of 2.1 acre & 2.1 acre till their death but no rights for sold the property.
2)After death of Raju,his 2 sons say 'A' &'B' get ownership rights on 2.1 acre & after death of satya,his only son say 'C' get ownership rights on 2.1 acre land.
Lakshmi was died in year 1988.But before her death ,Ram &satya become unique & created fraud GPA for 1 acre land of Raju on name of satya in year 1987 & same land was sold to Mr Ram on 5 Rs stamp paper but was not registered.
In year 1988,Raju came to know that out of his 2.1 acre his 1 acre land was sold to Ram on 5Rs stamp paper by satya through registered GPA in year 1987.
In year 1989,Mr Raju had filed suit on Satya & ram for making fraud GPA & for declaration of Title.But unfortunately,the case was lost in year 2000 & Mr Raju appealed the suit in High court in year 2000 .
During running the case in court,Ram had died.Now Ram son say 'D'had sold the entire property by making plots in year 2002 & same is reported to court .
Court had ordered enquiry commission for tracing whether land was sold or not. Infront of enquiry commission,'D' had said that he sold the property of another 1acre land which is in same survey but not land of Raju.
since ,Encumbrance certificate also not clear about sold property,enquiry commission also gave positive report for 'D'.From that day onwards to now, the property has changed to 2 to 3 hands through sale registeration but case was running in court.
In year 2006,Mr Raju had died.In year 2009 ,Mr Satya had died.After death of satya,one of the the plot holder constructed the 2 floor house in 700 sq yds & same is mrtgaged to finance company also.In year 2012,Mr 'D' had also death.
Now the case was running i.e Mr 'A' & 'B' had suit on Mr 'C'& 'D sons'.
In year 2012, A & B applies EC for that building & they got all proofs that their land was sold to others & enquire commission report also wrong.All photo also available.Now my questio is
1)since that emty land was not developed till year 2007 & in year 2008 only same part of land was developed i.e house was built by plot holder.PLZ give suggstion how to aproch the case,so that A & B can increase winning of chance
2) whether 'A' & 'B' can prayed in court for immidiate injuction for vacate of house from plot holder
3)Whether Building plot holder also any chance of winning the case as he was alredy constructed the house which was brought during running the case in court
4)If A & B success proving that 1 acre of land was sod,then it will become adverse to Mr C &'D'.
5)If GPA of satya is proved as genual but stamp duty is not sufficuent for solding the land to ram & since Lakshmi had died..In this situation who will get winning of chance.
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Cancellation of excise licence
licencee obtained licence by submmitimg no dues sales tax certificate issued by department. accordingly advance licence fee was accepted and allowed to operate liquior business,
later on assistant commissionr, commercial taxes informed about arrears of tax ,petioner licence was cancelled as tender and agreement provides that licence cant be issued in favour of persons who are in arrears of tax.
i appear for excise department and searching apex court judgment in my favour that wronful grant of licence may be cancelled subsequently on disclosure even department by mistake issued no dues certificate.