basavaraj shiromani
24 November 2013 at 19:02
The State Bank of India through its branch manager filed a recovery suit. The defendant totally deny the suit of the plaintiff. In this suit, whether authorization letter is required for the branch manager to file a recovery suit under state bank of india act 1955 ?
pramod
24 November 2013 at 17:37
Dear Experts,
A consumer complaint filed
before the respective Consumer Redressal Forum and pleaded compensation against deficiency of services for mental harassment. Present stage is for filing evidence affidavit. Complainant has further come to know AFTER GOOD PERUSAL that apart from deficiency of service which was mainly pleaded in the complaint that Opposite Party has committed unfair trade practice with Set Top Box and demanded unreasonable amount of monthly charges against the regulations and directions as per notification of TRAI Act. Further to add cable operator even miserable failed to comply the rules of his business operation as per The Cable Television (Regulation) Network Act 1995.
Hence I humbly request you before the respective Experts to guide me on the following questions as below;
1. Whether I can add at this point of time pleading of unfair trade practice at the moment in the complaint?
2. If so can I demand compensation under that ground UNFAIR TRADE PRACTICE over and above of the pleading of deficiency of services?
3. Whether Consumer Forum has the authority to impose penalty and compensation against the cable service provider?
4. If so whether this complainant receives that compensation so sanctioned?
Kindly advice Please,
Thanking you all in anticipation of correct legal guidance.
niky......
24 November 2013 at 15:41
In a case of an eviction case, which is the on basis of defendant not staying in the rented house.
Does the photos from mobile of defendant in the premises and photos of signs on speed post, register letters etc. can act as proof that defendant was in the premises?
Can this be submitted to the court and how much value such proof carry?
Than you.
s.saravanaraj
24 November 2013 at 14:28
sir,
i am living in chennai, In our apartment , builder collected money for open car parking from 26 owners in 2006 and banned over our flats without allotting . closed car parking also were available in our flats.
open car parking is written in our sale deed.
do closed parking , that is car under building enjoy different rights? they object us to get open car parking.
now, the association is objecting allotment for open car parking and putting temporary sheds.
do we have equal rights as closed parking allottees ?
can we get open car parking allotted ourselves and erect temporary sheds to protect our vehicles.
is there any rules and judgement in our favour.
krishnarajan
23 November 2013 at 23:45
My mother owned a house and yarn doubling machineries. My mother's self owned property,she has a loan amount of 6laks in LIC housing which is invested for that machinery. my elder brother occupied that machinery and doing business without giving any amount to my mother and also not repaying the loan. she needs suit order to recover the machinery and to repay the debt.
house value - 2000000
machinery value - 1000000
what will be the court fee for suit?
we are in tamilnadu.
basavaraj shiromani
23 November 2013 at 20:09
Plaintiff filed a suit for partition and separate possession of the properties against his father and brother. The trial court passed a preliminary decree allotting his 1/3rd share. subsequently before filing the Final Decree proceedings, father died. Plaintiff filed his FDP by claiming his enhanced 1/2 share instead of 1/3rd as his father died.
My question is, in this situation amendment of preliminary decree is necessary or not.
without amending the preliminary decree also plaintiff can filed FDP
RAJAGOPALAN NAIR
23 November 2013 at 19:39
Dear Sirs,
I have filed a Summary Suit in City Civil Court, Mumbai. The Defendants have not appeared or filed the Vakalatnama. Please help me with the next steps.
1. I have to file the evidence (original + copies where original is not available)?
2. Or take out a Summons for Judgement?
3. If I have to file the evidence first as above, at what stage I have to take out the Summons for Judgement?
4. After filing the evidence as above, will it be kept for exparte order?
6. Shall be also grateful if someone tells me the entire procedure right from filing.
Thanks & Regards,
rajan chopra
23 November 2013 at 17:38
Can holder of pronote demand from maker the amount mentioned in pronote only or advocate and court fee with bank interest also?
T SANKAR RAO
23 November 2013 at 17:23
Sirs,
An unregistered partnership firm having a partner acting as builder has constructed apartment complex consisting of 57 flats with Stilt, Ground + 4 Floors + 3 pent houses -- ten years back and collected duly issuing Receipts thereto from 25 flat owners an amount of Rs.20000/- each towards allotment of car parking space but did not allot due to a dispute among the partners. The flat owners formed into a registered society and moved the District Consumer Court and later State Forum which simply passed a judgement to get the problem solved amicably in consultation with the builder. Builder has not cooperated and the flat owners kept quite and a period of 5 years has elapsed. The society is not in a position to continue the legal proceedings. However, due to increase in the number of car holders, (both paid and unpaid for parking slots to the builder) frequently involve in battling each other while parking their cars without getting their problem unresolved. I have gone through the AP Apartments (PC&O) Act 1987.
The questions arose to me are as under: 1.Under what rule of law the builder has a right to sell car parking slots in the stilt area.
2.Is there any right to the flat owners to claim car parking slots of their choice in the stilt area for having paid the price to the builder who is refusing to intervene.
3.In fact, the stilt area can accommodate for parking 18 to 20 cars only.
As I understand the law:
(a) Stilt is not an area for parking vehicles. However, two wheelers can be accommodated as there is no hindrance due to pillars for doing so.
(b) Stilt is a common area having a right to use by all flat owners.
(c) Builder cannot sell again any space on the ground (stilt) once a flat is sold out with a certain space of undivided common area.
(d) Those who paid some amount to the Builder rightly or wrongly, can be given preference to park their cars in the limited space available without causing inconvenience to the residents.
Now, I request the eminent lawyers to guide me.
--Jr.advocate
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Punishment for injunction violation
Civil Court has granted temporary injunction to my father’s ancestral property and main suit is pending disposal . But inspite of that, one 3rd person committed breach and trespassed. So We have filed separate IA petition for his injunction violation, as per O.39, R.2 (A) CPC.
My question is,
1. If violation is proved, will the 3dr person be awarded 3 months civil prison as per O.39, R.2 (A) CPC or
2. 2. What is the punishment for violation of injunction ?