V Srinivasan
11 January 2014 at 19:07
Dear Sir
Please clarify whether resolutions of the general body the subject of which is contrary to the law is supreme or the laws of the land is supreme
The Secretary
V Srinivasan
V Srinivasan
11 January 2014 at 19:02
Dear Sir
Whether any resolution passed by the members of the society with brute majority which is against the current laws of the land is valid/
Srinivasan
V Srinivasan
11 January 2014 at 19:00
I am the Secretary of a CHS Limited. The Managing committee of the Society is of the view that builder cannot sell stilt or open parking. Some members who letters of allotment given by the builder after paying some consideration says that they have paid money and hence the stilt parking is their own. The letter of allotment is not registered.
Now the MC has called for a SGB to decide on the issue of stilt parking ownership.
Please clarify whether any resolution by the persons holding the letter of allotment to declare the ownership for them in the same is valid against the law of the land?
Whether GB resolution is more powerful than the judgement of the courts,
We will be happy if any judgement is available in this regard
Srinivasn
yogendra prakash sharma
11 January 2014 at 14:26
मेरी माँ के saving bank account में 1600000 रूपये थे। जो कि उन्हें मेरे पापा की मृत्यु के बाद पापा के gpf और gratuity के कारण मिले थे ।चँकि जिस खाते में ये पैसे थे वह खाता एकल था इसलिये उन्होंने दूसरी बैक में अने बेटे और बहू के साथ नया खाता खोलकर अपनी बेरोजगार बहू का pan card लगाकर पूरे रूपये (सोलह लाख ) transfer कर दिये । मैं यह जानना चाहता हूँ कि इस process में किसी पर income tax तो नहीं लगेगा और यदि लगेगा तो किस पर और कितना ? gpf और gratuity का पूरा पैसा इसी सत्र में आया है ।
basavaraj shiromani
11 January 2014 at 12:32
Mr.'A' on the basis of Irrevocable Power of attorney sells the property of 'B'. to different two persons under registered sale deed on different dates. But 'B' denies that as 'A' is not his power of attorney and denies that he has not received any consideration amount from A in this regard.
both Registered holders applied to enter their names in the revenue records by deleting the name of 'B'.
Whether, the revenue authority can enter the names of two purchasers to the same property purchaser in different dates ? what option the revenue authority can take in this situation. How sec 128 of KLR is application ?
sheela
11 January 2014 at 10:04
Thanks to valuable advice of you respected peers, I have won the case, albeit it is an ex parte judgment in f/o my client. Limitation period is over and JD has not appealed. But he may contest execution petition. What points I must cover in my EP. More particularly, what should be my submissions in answer to point in the EP proforma "in what manner court's assistance is sought." And what points I must take care of in my prayer.
prakash
11 January 2014 at 09:10
sir,
Mr.A had given a registered power of attorney to Mr.B .Mr.B has sold some plots to his own wife and some plots to his friend
through the same p.o.a.The value of the same was more than the govt.fixed price.
Mr.A had instructed in p.o.a.and orally to Mr.b that the sale proceeds should be deposited in his various accounts where he has debit balances.Accordingly Mr.B deposited the amount in Mr.a's debit accounts.Now Mr.A intend to file a suit against Mr.b for selling the plots to his own wife and friend,can he do so ? Please advice.
Adv.Aiyer VLV
11 January 2014 at 08:46
Currently wit Proton if Ford in hc in a case involving development authority and private erstwhille site owner and current owner and allottee
Civil Court case was decreed in favour of the erstwhile site owner. Execution petition disposed ordering restoration of portion of site taken over and laying Road.
The site in dispute has partly been given to current owner, partly Road, partly with another site, probably owned by erstwhile owner or relative (they were never suited). The road leads to one side owned by E owners wife.
This strange status had led to uncertainty. My client was to take on rent current owners building
1. VALIDITY OF Execution order, can this be implenented? To me it never expires. Once this is complied as ordered portion of building to be rented goes
2. For long time no action by dev. Authority, contempt is time barred. What action be against authority
3. Does current owner gets clear title in view of exercution order?
Thanks in advance to all replies.
Ashish
10 January 2014 at 16:00
Distinguished Members of Lawyersclubofindia.com
Greetings
My query is regarding forgery and fraud.
a)If an individual is accused of presenting a Forged document but the accused is earnestly & actually unaware at the time of presentation of the document that it is a forged document then in such a case how can he prove his innocence. In other words what should be his legal recourse.
For eg :If one was to present a document to a government authority without any knowledge that the document is forged and with no personal gain or benefit then will the law prosecute the given person for presenting a forged document even though at the time of presentation the person was completely unaware of the given document being forged and where there was no personal gain what so ever.
b) In absence of the original document which is supposedly forged can it be concluded under law based on xerox copies of the said document that the given document is a forgery. If so has there be any such cases.
c)Can the honorable court pass a judgement based on xerox copies of a supposedly forged document.If so has there be any such cases.
d)In addition if the original forged document has been destroyed or unrecoverable what is the recourse under law to the plaintiff and the defendant.
e)Would the individual who claims that he was unaware in the first place of the document being a forgery or having any possible gain by executing the supposedly forged document be deemed as the one having the original document or willfully destroyed the same.
f)Finally in absence of a clear motive or personal gain to the person presenting a forged document and in absence of the original forged document does such a case hold worthy of trial and to what extent.Can it be quashed in initial stages of the trial.Also how can the person who was unaware of the forged document be acquitted of the alleged charge so that the real culprits be brought to stand trail.
g)Does the law differentiate between an attempt to forgery which was successfully detected and prevented with a an actual act of forgery executed for self gain.
Please respond
Cheers :
Ashish
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Notice u/s 80 CPC
1.There has been negligence on part of Tehsildar of a taluka(Maharashtra) in performing his duty.
2. Moving in Highcourt against him
3. AFAIK notice u/s 80 is to be served to Collector of District in this case.
4.what are mandatory requisite of such notice.
5. Can I claim damages in this notice for violation of fundamental rights.
6. Can I file suit directly without serving notice & waiting for 2 months.
7. Other suggestions are welcome.
Thank you