Ashok Kuvadia
18 June 2013 at 08:22
CAN AFFIDAVIT EXECUTED IN COMMON BY MEMBERS ALONG WITH NON-MEMBERS OF SOCIETY MADE IT ILLEGAL, NULL & VOID ?
(01) Dear Experts, in anticipation I am thankful to all of you for giving me your valued Opinion, which helps a lot to people like me who are fighting for Justice and their Rights in person and gives moral supports too.
(02) I have filed a Dispute at Co-operative Court, Mumbai, appearing in person since last Seven years, against my Society which is Co-operative Ownership Housing Society.
(03) The Opponent Society has filed its examination-in-chief, with same they annexed Affidavit executed in 2009 by FIVE members of our Society, wherein a false story of 2003 is created. In that Affidavit of 2009 it has mentioned that--
“It was decided in S.G.B. meeting which took place on 30.03.2003 to develop Society and to give development right to our member Mr. ANP. The decision for redevelopment was taken wherein it was decided to give development right to Mr. ANP”.
(04) Out of the five affiants who executed said Affidavit, covering the false event of S.G.B. meeting of 2003, one affiant/person (Mr. K.) became member of Society after one year i.e. on 01.04.2004. Therefore it is obvious that person (Mr. K.) was not present in the meeting of 30.03.2003, if at all it was held.
(05) This means that the Society and that person (Mr. K.) committed fraud by creating false evidence by a person who was not a member of Society on the date of that event.
MY QUERY:
(a) Can this act of Society and act of that person (Mr. K.) be consider as FRAUD, since created false evidence as not member in 2003 ?
(b) Can the WHOLE Affidavit executed by five members in common become illegal, null & void by holding principle Fraud vitiates every solemn act ?
(c) Can the event of S.G.B. meeting of 2003 covered in that affidavit also become illegal, null & void ?
(d) Is it necessary for each of affiants to come to Court to give their witness and get cross examine by me, in support to their contention in affidavit executed by them ?
(e) Without getting cross examine by me, can their contention of Affidavit be considered as true evidence ?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok.
Dnyanesh
18 June 2013 at 07:13
Sir, I'm the president of my own Trust registered under Societies Registration act 1860 and Bombay Public Trust act 1950. I have to file the civil case against the another trust for their misappropriation of trust property and default of Audit under the Section 41 D of BPT Act 1950. Am I the person interested in the Trust as per the Section 2 (10)(d) and 2 (10)(e) of the act? Can I have a locus to file the case against the another trust? please suggest me.
surjit singh
17 June 2013 at 23:05
Whether there can be a hearing for admission of a execution petition made under order 21 CPC for execution of a decree.
fjmgaranaa
17 June 2013 at 23:04
Respected sir,
i make deal with seller of mobile which is registered in ebay.com,,i directly contact with dealer without using ebay.com and we had direct talk that after paying amount i will received product within 3-5 days.. i deposit Rs. 21,000 amount in his account.. now after 1 week i don't receive product and dealer doesn't give me any satisfied answer about delivery,,
i had doubt of fraud with me,,
so sir i want to know that i am living in Rajkot, gujarat and dealer is in karnal, haryana.. i had proof of payment transfer and e-mail conversation with me and dealer. so how can and where i can report of fraud..and what be the result with this proof..
kindly request for give me right way to complain..
Thank you sir..
sunny kumar
17 June 2013 at 20:21
sir, mai apna zamin aur ghar jo ki mere papa ka tha . lakin ab wo nhi rahe . to mere bhai sab mujhe pura zamin nhi dea rahe hai .To mai haar kar court s batwara lena chahata hu . to mai jan na chahata hu ki . court batwara karne m kitna waqt lega aur kitna paisa lagega plzz bhaut kast m hu . help
Mrs. Sharma
17 June 2013 at 18:56
I would like to know the consequences of the following case:
A personal loan of 5 lacs was taken in 2008 and only 9 installments were paid due to financial issues.All this while there has been no interaction with the bank ( from dec 2008- till now) But now the collection agents harassing calling my relatives (this is creating problems with my in laws). I am currently not in India with no plans to return any soon.
However, I have no means to pay as of now nor does my husband have. I have no assets in my name as well. I cannot currently work as i am advised bed rest by doctors due to pregnancy.
Ques.1 - What will happen if i inform the bank that i have no means to pay or no assets that I can sell?(they will not believe me I know). They are recording all the calls. Can this interaction be used by them against me in the court as a proof?
Ques.2- If i dont interact with the bank at all?
Ques.3- Calling my relatives is what these agents must not do but they are doing which is causing problems for me with my in laws and husband. Can they be stopped in anyway? What action I can take against this?
Ques.4- What can be my defense in this situation?
Pls advise as I must stay stress free in my situation. If i had the means I would have paid off everything with interest. But rite now my hands are tied.
Thanks in advance for your support.
rajan chopra
17 June 2013 at 18:27
An accused after being convicted and sentenced to undergo simple imprisonment for 6 months and to compensate complainant with cheque amount for ofence u/s 138 of NI act prefered imprisonment and did not pay any compensation amount.Now can complainant recover compensation amount as per law?
prachi pandit
17 June 2013 at 18:06
Husband sold a property to the customer and took a small advance payment of 5000 Rs. out of a total 90 lakh. Receipt was provided and payment done in cash.Later however he realized that he has given away his property at a low price and so looks to bind away from the contract. He claims three things-
Property was of wife and so could not sell at first place. Important to note that wife did know know of husbands doing. Could lead to fraud by husband but can he still not sell property??
part consideration was only provided and so not binding + consideration was very small only 5000, will that be a factor?
and that all terms of the contract were not decided and so it was not a binding contract
Can i get precedents or arguments in the favor of the husband. Thankyou
Shalini
17 June 2013 at 17:25
Res Sir, Pls Guide me
We are living in city and we have land in village.My father executed power of attorney of our land to another person.
That person misuse power of attorney and without our concent executed sale deed in favour of his own son.
Till today we have possession of land.
And we file a civil suit in court for cancelation of sale deed.
In first date of suit in court we went to the court and judge says to our lawyer that party itself give power so sale deed cannot be cancel.
My lawyer argue that possession is also with my client.
Judge says i dont want arguement on basis of merits. If you want to do argument do on basis of law. And Judge says if you want i will notedown judgement in 5 minutes.
But my lawyer ask for date.
After lots of request first date giveneand that is final for judgment.
And Judge told my lawyer read section 202 of contract act and come on next date.
Our lawyer told us that judge dont want to listen on merits and on first date of hearing he want to announce the judgement within 7 minutes so there is some settlement by oposite lawyer with judge.
so we will lose the case.
Res Sir,
Pls Guide me what we have to do and what is merits?
Is it true that judge have to give date on 1st hearing?
And i also feel judge is bias by seeing his reaction and expression.
How we can apply for change the judge?
And i need to change my lawyer?
Pls suggest me some law point which i can share with my lawyer which help us to save our land..
Note: I am not good in english so pls forgive me if any mistake in sentences.
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