Prakash S. B.
16 October 2013 at 11:50
A stall on the mezzannine floor of a Co-operative Premises Society (Commercial and Registered)in Mumbai was purchased by a member and associate member jointly. The member whose name stood first in the share certificate died without making a nomination. The Society transferred the shares and interest of the deceased member (in the Capital / property of the Society) to his wife (legal heir) in proportion with the shares held by the deceased member, in accordance with the Bye-laws of the Society. In the above circumstances,
(1) Whether the shares and interest held by the legal heir can be transferred in the name of the associate member for a consideration under the provisions of the M.C.S. Act, 1960, and / or the Rules made thereunder and / or the Bye-laws of the Society?
(2) If so, under which Section or Rule or Bye-Law?
Gaurav Gujrati
16 October 2013 at 09:56
Dear Sir,
My query is IF a person residing outside of india or outside indian territorial jurisdiction so can he be penalised under Indian Custom Act,1962 ? if yes then please provide me some cases related to this.
Thanks
yogesh
16 October 2013 at 09:32
I have filed the court case for illegal appointment of one person without holding selection process before the CAT..and the court directed the employer to file the entire records before the court..the employer didnot furnish the records despite of several opportunites given to them and finally they filed the affidavit that the records are untraceble..I have already filed the application under 340 CrPC for committing the perjury......I file the RTI seeking information about what steps they have taken in tracing the records..They didnot furnish the reply and when I moved to the central Information commission tey informed that the records has been traced and found in the office of the counsel.. I mean to say if the counsel has been delibrately holding the records and didnot furnish to the court despite his employer has furnished the affidavit they will furnished to the court is certainly wrong has been committed from their side..How can get the direction issued for their concealment?
edgar sylva
15 October 2013 at 21:01
We have a neighbor who had had numerous brush-in's with the law and is presently on bailin a smuggling and fraud case filed by DRI Mumbai.
They had a private car in the name of his wife (by the way he is a foreigner holding person of indian origin)for the last one year or so.
Lately they have put a white florescent sticker on the rear glass and a orange florescent sticker on the front glass both marked GOVT OF INDIA.
It is suspicious to say the least as they keep driving on the wrong side of the road and break signals too.
I have intimated the police on the email including the DGP MS twice but nothing seems to be done- the brazenness continues and the stickers remain.
What is the legal status of those putting such a sticker on their private cars??
I am a worried person that they may be up to no good
Todi
15 October 2013 at 18:29
We are pitted against the land lords having criminal mindset and wanted to evict the tenants by hook or crook. After several court cases tenants protected under Maharashtra Rent Control Act have entered in to consent terms with them approved by Bombay High Court on 13.9.2013 in our writ petition no. 323 of 2013. As per the consent terms land lords were to enter in to individual agreement with the tenants offering them flats in the redeveloped building to be completed in 36 months and tenants were required to hand over the possession of their tenancy flats to the Court Commissioner on 18.10.2013. To our utter shock since order dated 13.9.2013 the land lords have been delaying the agreements under some pretext or other and we are being forced to hand over the possession to the Court Commissioner on due date. We find it very risky as the land lords may create dispute and make consent terms unenforceable there by making tenants suffer huge financial losses and mental torture.
Experts pl. help and advice us suitably in the matter.
sk..........
15 October 2013 at 18:14
In civil revision petition in high court ,I got notice and date is given, now
1- should i file counter on the same date which is given to attend
or
2- will i get time to file counter at next hearing.
Nitin Shah
15 October 2013 at 15:33
I reside in Ahmedabad. I have an advocate in Bangalore who has done nothing to get result in money suit, I had filed thru him. I have asked for NOC which he is ignoring. What are my options? Can I take this up with Bar Association?
M R Shaikh
15 October 2013 at 13:34
Prayer in O.A
(a) quash and set aside the impugned orders and
(b) direct the respondents to reinstate the applicant forthwith in service with all consequential benefits including continuity in service as of Scientific/Technical Assistant B
(c) direct the respondents to further consider the applicant for appointment to the post of Scientific officer/engineer-SB (District Information officer) with all consequential benefits
award costs of the proceedings and pass any other order/direction which this Hon ble Tribunal deem fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.
CAT Order as follows
In case the claim of the applicant is found to be correct then he will be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked.
..............................
MY Query:- Will this order also cover prayer no ( C) of this O.A or Not
M R Shaikh
15 October 2013 at 11:25
Sir please go through the case...
the applicant has filed this O.A. before us seeking the following relief:-
(a) quash and set aside the impugned orders and
(b) direct the respondents to reinstate the applicant forthwith
in service with all consequential benefits including continuity in service as of Scientific/Technical Assistant B
(c) direct the respondents to further consider the applicant for appointment to the post of Scientific officer/engineer-SB (District Information officer) with all consequential benefits
award costs of the proceedings and
pass any other order/direction which this Honble Tribunal deem fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.
2. Brief facts of the case are that the applicant initially joined on the post of Scientific/Technical Assistant-B in National Informatics Centre (NIC) on 15.06.2006. He completed his training and probation successfully. During his service tenure at Chapra there was an advertisement issued by NIC for recruitment to the post of Scientific Officer/Engineer-SB (District Informatics Officer). This post was of a higher level as compared to the post the applicant was working on. He, therefore, applied for the same and successfully passed the exam and the interview. He also appeared in the medical examination and was found to be fit.
3. On 07.09.2009 he received a Memo requiring him to appear before Joint Director, Vigilance, NIC, New Delhi on 10.09.2009 with all the original certificates including caste certificate submitted by him at the time of his initial recruitment in NIC. He complied by the instructions. However, on 22.12.2009, he received a Memo from the Vigilance Officer that the OBC certificates dated 13.06.2006 and 05.07.2006 submitted by him for the post of Scientific Officer/Technical Assistant-B as well as Scientific Officer/Engineer-SB including the OBC certificate dated 30.09.2005 (which was on State Government proforma) were got verified and were found not to have been issued by the competent authority. He was directed to show cause why action should not be taken against him for submitting unauthorized certificates. He submitted his explanation and after considering the same order dated 02.06.2010 was passed by which his services were terminated. He had preferred OA before Patna Bench in which directions were given as quoted above. In compliance of those directions, the impugned order dated 08.11.2011 has been passed by the respondents confirming his termination. The present O.A. has been preferred against this order.
This was the case, now Honble CAT order as follows...........................
Under these circumstances, we direct that the respondents may once again get an enquiry conducted with the help of District Authorities of Gonda to establish whether the claim of the applicant that he belongs to Behna (Dhuniya) caste and is not covered under creamy layer is true or not. For this purpose, the respondents may consider any of the certificates produced by the applicant including the certificate produced by the applicant dated 18.03.2010. If need be a responsible officer may be deputed to take District Authorities of Gonda to verify the claim of the applicant. We once again emphasize that is enquiry will be to ascertain whether the applicant actually belongs to Behna (Dhuniya) caste and was not in the creamy layer during the relevant period entitling him to the benefit of OBC reservation. This exercise will be completed within a period of six weeks from the date of receipt of a copy of this order. In case the claim of the applicant is found to be correct then he will be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked. In case his claim is not substantiated then he will be informed by a speaking order and the impugned order dated 08.11.2011 would be confirmed. With these directions, this O.A. is disposed of. There shall be no order as to costs.
.................................................After this the respondent have reinstated the applicant in Service but they have not been giving promotion on the Scientific Officer/Engineer Sb post as pryaed in Prayer(C) of the O.A ..kindly suggest what to do in this case...neeed to file additional O.A or any other remedy..
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Another case of inflated mobile bill by reliance!
Hi, i have used 3G services of all major companies in the past 4 years without any issues. Now i have moved to jodhpur(Rajasthan) and bought a postpaid mobile number from reliance. For the first month, i had 2GB 3G data pack, and everything was fine with the billing. For the second month, i utilized all of the 2GB data, and requested the customer care for activating another pack of 4GB, which they did. So, i started using 3G ONLY after getting the SMS stating that the data pack is active, and stopped immediately when i got the SMS stating that data pack is fully utilized.
There is no active sms based system in reliance from which i can keep track of my internet usage, so i simply relied on the SMS received from the company for the data usage.
But for that month i got a bill of 9800, out of which 7500 was for 3G usage! I am fully sure that i never used 3G service before and after the sms's from the company. I also had an alternate 3G sim of airtel, which i used for the period when the reliance 3G was inactive. And i don't think i could have done anything to avoid this situation. Yes, i could have simply kept the 3G plans as it is, and this situation would not have arisen. But i had used vodafone postpaid number for past 2 years, and i frequently changed packs without any issues ever!
Now i have sent emails to all the reliance authorities, with little or no response. The complaint which i registered for inflated bill has been closed, as they say that the bill is correct and will not be revised!
Now, should i wait for them to take initiative, or should i register a case in consumer court?
I don't have much proof of my 3G usage, and also have a habit of keeping sms inbox clean, i.e. i deleted the sms's stating activation and full usage of data pack. But i had called customer care when the 1GB pack ended just after using 600 MB's, and the customer care guy had told me that it is because i got 600MB on pro rata basis instead of 1GB. That somewhat proves that i never used more than the alloted PRO RATA data.
Please guide, will the company file any case because of large amount of bill? I don't want to pay the false bill without fighting to my last breath. Its just that i don't want any CRIMINAL case against me, as it can ruin my career! And i will pay the bill ONLY IF the condition worsens till arrest or physical assualt!! Is that even possible?
Thanks in advance!