Vinesh K Chhaya
09 December 2013 at 14:31
can court direct for possession of immovable property below limitation of time of appeal?
limitation time for appeal is 30 days after order..the court directed to handover possession of rented immovable property during 20 day...can any expert guide me about how this contrast should be interpreted ???
minsal
09 December 2013 at 13:47
Dear Experts,
a person, as a tenant residing in a room in a chawl/building since last about 30 to 40 years (approx). now the landlord decided to redevelop the said building and prior to that he wants to convert premises from the tenancy to the ownership basis. Both, the tenant and landlord agreed for the same.
my query is that under the Bombay rent Act, can the tenant become an owner of the said premises by paying 100 times of rent amount?
Pl. guide me for the same.
Sadhana Patil
09 December 2013 at 13:25
Hello Everyone
Two partners made an Partnership Deep to run a business at 50 % share equally. After some time partner A found that partner B is cheating ans sold the flats of the property to third party and earn some consideration in fraud business account. partner A filed a suit for specific performance in a civil court against partner B to compel the conditions made in partnership deed.
now the partner B's advocate taking advantage of clause which is in the partnership Deed. that is, if in future any disputes between the partners arises the dispute shall be refer to the arbitration.
partner A earlier filed the suit in Aribitration but not satisfies with the Arbitration proceeding and the case in Arbitration is pending. later he withdraw the case from Arbitration and files the new fresh suit in Civil court for justice.
My query is can he file the suit in Civil Court? under which provision? and what section? does any doctrine of precedent is available for him?
Please answer my query ASAP so partner A can get justice for his innocence.
Shiva Shankara R. Shetty
09 December 2013 at 12:38
One of my client running a computer coaching centre in 1st floor since 10 years. Now, another one preparing to open a wine store in the ground floor of the same building.
If, wine store opens, no students will come to the coaching centre. BBMP office is located within 40 metre distance from the said building.
We approached a police commissioner to stop the wine store, but they told that, such 100 metres distance will be calculated from the main gate of the BBMP office and not a radius of the building.
Another police officer told that, BBMP office is not government office. Therefore, said provision is not applicable.
Please, we requesting to experts, to help us, in this matter
Suhail SHahbazker
09 December 2013 at 08:39
I agree with you, as far as matter of co-Op Housing Society not related to (REDEVELOPMENT) the Society cannot pass any resolution arbitrarily. Hon'ble Hiigh Court Judgment is also passed in this regard. Sec 72 of MCS Act clearly says that the Resolution cannot overrule the bylaws, Acts and Rule
One query is Can Society pass a resolution in General Body on the following in the presence of Authorized Officer conducted the AGM due to failure of the MC to conduct the AGM before 30th September 2013.
1. The Auditor has given in Audit Report the misappropriation of funds/ irregularities/Recoveries
2. When asked the query about the above matter in Audit Report, the Secretary said the matter is subjudice in the Court (one member has filed in the Court) so when the matter is pending in the Court , Can the General Body pas a resolution on the matter on which the Secretary refused to answer on Auditors report
3. The Chairperson/Treasurer and another MC member have not signed three consecutive MC Meeting and ceases to be member, and and have signed/approved the Accounts/ balance sheet and the AUditor has submitted the Audited Account (not knowing yhr facts of not attending the meeting)
4. The Secretary resigned in the month of June 2013 and the MC minutes says that resignation is kept in pending and the Secretart herself sign the said Minute. The resignation cann be kept in pending for six months and during six months six meetings were taken up.
5. The Secretary rented her flat s and staying outside Society premises and signed the Agenda and Secretary Report.
6. Non Members raised their hands for Voting in passing Resolution ..
Please advise
sheela
08 December 2013 at 19:17
OP has not been appearing and so it has been decided to proceed against him ex parte. Ex parte arguments were made by me during hearing yesterday, the 7th instant and PO ordered the case to be put up for judgment on 10th instant. Am I supposed to be present on that day. I am currently out of station.
Rohini
08 December 2013 at 14:39
dear sir,
The plaintiff win the suit for recovery of possession and declaration of tile in the high court. originally the plaintiff purchased the suit land from the defendant and his brother. But suit was filed against sole defendant, but not against his brother now the defendant is no more and suit land is in possession of brother of defendant,(who is not the party to the suit). Now how the plaintiff will recover the suit land and what procedure he has to follows, kindly reply sir.
Adv. karinamishra
08 December 2013 at 09:47
In a department inquiry a Security Officer found guilty by the enquiry officer. 3 days time is given to him to file his say on the report which was received by him on Friday. The said Security Officer stays in official quarter of Company. Can he take stay order from the civil court that he should not be evicted from the company quarter .
C H MAHADEVAN
08 December 2013 at 08:05
An application made to LIC by my friend for copies of a few documents under RTI by a retired officer was replied stating that the documents cannot be supplied as LIC is exempted under Sec2(n),Sec 8(1)(d) & Sec 8(1)(h) of RTI Act 2005.Some of the documents are already in public domain having been obtained by some other applicants earlier.
Was the denial of LIC legally correct?
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How to proceed with my civil case further?
Dear Sir,
My name is Joseph Vincent.
I have case pending in Madurai High court regarding land case. Now my opposite party Sagayaraj is not respecting district court judgements.that means that judgement is not favour to him. simply he raised SECOND APPEAL(MD) 739 of 2011 MP(MD) 2 of 2011 in Madurai High court. But now he sold 70 cent to others which is illigal. we given complaint to SP police.. but no police taking action for that... same land Sagaraj is illigally selling again and again. but we could not stop him... please note that he is selling other land survey number and ouupying my land. Now my opposite party Sagayaraj is not co opearte with survey my Patta land ... How to get it solved from this issue,? My cell number is 07829869682