rohit
22 June 2013 at 20:37
respected sir, if some person running realstate agent business, then how we can find that agent is registered or if unregistered agent, then where i make complaint against them, thane state real state agent
Jaswant
22 June 2013 at 19:14
I would like to know what action can a society take if flat is rented without its permission
gopal
22 June 2013 at 14:11
Dear Hon'ble Experts,
I Submit my pranams and thanks to you all.
In this forum I have asked some queries for clarification, the Hon'ble Experts provide their suggestions, views. Once again I thank to one and all of our Hon'ble Experts.
Our family facing one legal issue on the State Consumer Disputes Redressrel forum, I explain the full information below. I am requesting you kindly provide the guidance and if you know any supportive Judgments and rulings Please kindly inform me
Information of the issue
My father and his younger brother were in joint family on 1987, on 1987 they both have got the two loans one is Crop Loan and another is Tractor loan from the Nationalised Bank for joint family purpose.
Later on 1989 my father individully applied for a Jewel Loan pleged with Gold jewels on the same Nationalised Bank. The bank gave the Jewel Loan on 1989.
After one year my father paid the inerest on the Jewel loan and the principle remains.
Later on 1992 one day the bank officials gave the paper notice that the Plegged jewels broght for Auction Sale. The borrower can pay the amount on or before the auction date.
After seeing the advertisement my father approached the bank to pay the amount they asked excess money to pay, my father is in a critical situation so he paid the excess amount. The advertised amount is one and they collected amount is different which is excess of the advertised amount.
The my father asked to return the jewels, then the bank offcials refused to return the jewels and said that the two loans (Tractor loan and Crop loan) jointly received loan is pending and they filed two suits for recovery of the two loans.
The bank officials told that they lien over the jewels even the borrower closed the jewel loan ,if the borrower having any other loan is pending.
Then my father send a legal notice to return the jewels and the bank officials said the same reason on their reply.
later on 2008 I came to know this letter correspondence, and i had a doubt that whether the lien jewels is there or not so i applied to bank authorities through RTI seeking the information, they told we do not have any records because the time of letter correspondence on 1992 so they do not have records
Then I have approached appellate authority, the appellate authority also told the same reason. then I preferred second appeal to Central Information Commission there i represent my self and CIC ordered me infavour of me and then they told that one jewel packet in my father name which is in the custody of the said branch.
In between time i had collected the information from the district Court that what happened that two suits(one for Crop Loan and One for Tractor Loan), The Crop loan suit is decreed on the next year ie 1993 and there is no further procecution like EP till the date.
Then the Tractor loan Suit decred on 1996
Then EP Filed and continued till 2005 ,on 2005 the court has dismissed the EP ,the reason for dismiss is, the court ordered to filed the sale papers on the court and gave enough time to submit the sale papers but the bank not submitted the sale papers so the court dismissed the Tractor loan EP.
I got these information from the District Court. Then my father sent a legal notice to the bank authorities that the said two loans ,suit proceedings are ended, so the bank do not have any rights to keep his jewels. but the bank not replied for the leagal notice,
so my father filed the petition in 2010
on The Hon'ble District Consumer Redressal forum, praying that to return the jewels and compensation.
on the year 2011, the Hon'ble DCDRF ordered to return the jewels and 15000 compensation on Nov 2011. Later my father sent a legal notice that the bank was ordered to return the jewels so retun the jewels.
There is no reply regarding this, So he prefered the Execution Application before the Hon'ble DCDRF, The Hon'ble DCDRF called on so many hearings and the bank representative not present, after 12 hearings the bank manager came and submit a memo that they opted to go for appeal and for that they have paid 50% of the Awarded amount is deposited and like to go for appeal
On depositing the amount they have given SR No by the Hon'ble State Consumenr Disputes REdressal forum.
Dear Experts pls kindly tel your suggestions,
What is SR No Which is given in Hin'ble State Consumer Disputes Redressal Forum.
Not yet numbered so far, as appeal
is it possible we can involve and tel our information at this satege to quash the appeal in SR stage?
Whether a bank can have the custody of jewels because the jewel loan is separate and other loan is separate.
if you know any judgments or rulings by the Higher Courts, that the bank do not have any rights to hold the jewels for other loan, pls kindly inform me the judgments and rulings.
So that we can face the case in the Hon'ble SCDRF
Thanks in Advance to the Hon'ble Experts
looking for your valuable suggestions
randhir
22 June 2013 at 11:35
hello
my brother got married on Nov 2011to agirl who already was in affair with some other boy and we were kept in dark about it. though after sometime of marriage my brother started doubting her but never told anyone as he was not sure. one day he caught her talking to that boy in washroom and then she accepted her affair with that boy .when my brother told her that he will reveal the whole thing to her brothers she ran away with him.after one month she came back with that boy and the two of them wished to get married to each other. the girl was ready for divorce on mutual basis without any maintenance.she was handed over to that boy and his father.after 2-3 days she had to appear in the court before the magistrate in this regard.but under mysterious circumstances she again got disappeared.the boy whom she wanted to marry lodged a complaint against her brothers as they were in touch with her on mobile and were pacifying her to come back to which she was not ready.now the matter of concern is that she might change her statement under her brothers 'pressure and might say that she wants to stay with my brother.we dont want her. please help as the next date in court is 24 of this month.
Adv. Shagufta
21 June 2013 at 21:50
I WANT TO KNOW ABOUT THE REMEDIES AVAILABLE FOR AN EMPLOYEE WHEN EMPLOYER [A BIG ORGANISATION] BREACHES THE EMPLOYMENT CONTRACT BETWEEN THEM. ALSO THE COMPANY IS TRYING TO COMPEL THE EMPLOYEE TO SIGN A KIND OF BOND WHICH IS NOT IN FAVOR OR INTEREST OF THE EMPLOYEE.
jatin sharma
21 June 2013 at 21:35
hi ,under order 1 rule 10(2) with sec 151 of cpc.
the application in above said rule when we moved in the court behalf of respondent to struck off the name of respondent as improperly joined. before filing the written statement or with it.is there mandatory to file the written statement.
thanks
Kunal Sarkar
21 June 2013 at 21:07
one Advocate filed a petition under section 107/145 of cr.p.c. for & on behalf of 1st party in connection with a landed property and in the said case the 1st party get favorable order from Executive Magistrate.
Letter on the 2nd party/plaintiff filed a civil suit against the 1st party/defendant the on the same plot of land claiming separate relief and the suit was dismissed.
Thereafter the previous Advocate of the 1st party/defendant filed appeal for & on behalf of the 2nd party/defendant and submit the Memorandum of Appeal before the appellate court and given his certificate on the memo of appeal apart from Vakalatnama.it is relevant to mention here that, in the said vakalatnama there are another Advocate also signed for the appellant/2nd party, who are not in the previous case under section 107/145 cr.p.c.
I am defending the case in the lower Court for & behalf of the Defendant and also appeared in the appellate court on his behalf.
Now my question is;
1. Whether the Previous Advocate can stand for the 2nd party/appellate in the appellate court.
2. Whether the said Advocate simply withdraw his Vakalatnama without withdrawing/omitting the signature from certificate given in appeal memo cure the illegality.
3. I like to know the relevant provisions of law in this regard.
Rituraj Chat
21 June 2013 at 21:03
Hi,
My Father owned a car (Maruti 800) which was fully insured(comprehensive) from National Ins. Co., my parents along with the driver were on there way back from Bareilly to Dehradun on 22/10/2010 when the driver fell asleep and hit a standing truck. My mother was sitting in the front seat and she was very badly hit on the forehead, she was taken to the nearest hospital where she succumbed to her injuries and died after 10 days of treatment.
I contacted a lawyer in Dehradun who said that I can get the body claim(which I got in a month) but cannot claim for the death of my mother( he said I can but for not more than Rs 50000), then I contacted another lawyer who made me and my mother the Third Party and we filed a case against the driver, My father(the owner of the vehicle) and the insurance company, claiming Rs 25 Lacs as compensation as my mother use to run a company by her own name.
Now after presenting all the evidences and cross questioning of all the witnesses (including the Doctors and the Income tax Officer and eye witness), the Insurance company's lawyer claims that Me being a son cannot claim a compensation from my father, even though it has been proved before the court that me and my family were dependent on my Mother's company.
Please help
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