yogesh
10 February 2013 at 17:25
In CAT public authority has false affidavit about the selection process without the leave of the court and same is placed on records, whether Application u/s 340 CrPC and 195 CrPC can be filed for invoking sections 191, 193 of IPC?
Such Applications are maintainable in service matters? and whether Tribunal has the jurisdiction to entertain such applications?
If Tribunal dismiss my Miscellaneous Application or don't pass any order what remedies are available?
Saurish Shetye
10 February 2013 at 16:54
A asked B "Will you be able to sell me 100 t-shirts?"
B replied "Yes, I will, it will cost you Rs. 200 per t-shirt."
A smiled and nodded at he quotation given by B.
Is this an acceptance of contract?
Sagar
09 February 2013 at 13:10
Hi,
We are filling a civil case in district court. There are 5 respondents to which court need to serve notice/summons. Out of these 5 respondents 3 are traceable on their addresses, but we don’t have proper address for the 2 to whom notice is not getting serve. We don’t have any updates about these 2 people since long. These five respondents belongs to one family only but scattered to different location after their marriage.
Please let me know what can be done in this case?
Regards,
Sagar
Naval Rungta
09 February 2013 at 10:40
Good Morning Experts,
You have been doing a wonderful job by sparing even the weekends for answering queries from members.
I have a simple questions as under:
a) Can, I file a composite Suit for Injunction and damages of Rs.15Lacs in City Civil Court at Mumbai ? I am bit confused as the lawyer whom I met through this site says it is not possible and is not open to discussions on this.
b) Can I use loss of 1) Rental income, 2) money taken on loan from my son in law for running the household subsequent to forced closure of business by the goonda elements in co operative society and c) Interest on investment of Rs.3.3Lacs in the ownership office.
Request your considered opinions based on past experience and rules for such matters.
Divya
09 February 2013 at 07:40
Dear Experts
Need your strong advice and suggestions on this query. I have resent the query with certain changes.
A leading multinational bank is playing a fraud with arbitration proceedings. Award copy is either sent to fake addresses (proof of fake address is given on postal receipt by bank) or award is silent when and to whom copy is dispatched (no postal receipt attached by bank).
The bank directly comes to the executing court and files false affidavits before District Judge that award copy is duly served hence execution proceedings maintainable. Also they are filing false affidavits before the court about property ownership against whom the execution proceedings are filed.
These execution proceedings are void and also the bank is fooling the court by filing false affidavits about fraud award & property ownership.
The concern is that my family was a victim and hence I have already started some strong actions against the bank. But there are atleast 150 other people who have been suffering the same fate and they are not fully aware of the fraud and even the advocates hired by them and by me are not aware that the execution proceedings are void in such cases.
What steps can I take in such place…
1. Can I use RTI to check all other 150 proceedings legally and proceed &/or
2. Do I need to file a police complaint against bank for criminal conspiracy and cheating and ask police to verify all these execution proceedings &/or
3. Do I need to move certain applications before the judges to apprise them
The biggest drawback is that I don’t have any lawyer’s support who will assist me and support me to bring out the bank fraud, hence I am seeking the support of this form to show me some concrete path.
Thankyou
rakesh
08 February 2013 at 21:31
sir
Apart from his own properties, my father during his life time acquired several immoveable properties in my and my mother’s name. They were never purchased with cheques/funds directly from my father’s bank account or by his money directly. Source of my income was partnership profit from family firm where I was partner (not joint/co owner). My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL. After his demise my father’s properties are transferred in my name as per his WILL.
Now my brother has filed a partition suit in court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family in all properties and asked for partition decree and injunction order restraining us to deal with property. None of the properties are in his name. They are either in my name or in mother’s name.
1) Is his claim valid?
2) Even if we had taken loan from father to purchase properties in our name, does father or my brother has any title over it?
3) Can these properties held by members of a family in their own name/ownership can be treated as Joint family properties? Our family business was partnership firm, not joint family proprietary firm.
4) Hypothetically even if my father had directly purchased property from his funds but in our name, in worst case it can be held to be father’s property or joint family property?
4) Since I was partner in family firm can it be said that I my income was from joint family business and not personal income as partner?
Arul Kumar
08 February 2013 at 19:27
Dear Experts,
My flat in 6th floor in a Co-operative Housing Society (SRA) in Mumbai city. The lady in 7th floor above my flat wash her room by pouring water in her hall which caused water seapage in ceiling of my flat and spoiled the pop and caused flaking of ceiling painting. Dispite of repeated warning she has not stopped this act for an year. Complaints to the Managing committee also fell in deaf ears.
Please advise me what kind of action can be taken against such errant member.
Thanking you,
AK
sreekumar
08 February 2013 at 14:38
1987- Bought the property through army quota, in my name, money paid by me, but the payment details of bank not available.
1987 to 2001- Given for rent, rent collected by my father, I never interfered.
2001 to 2002 – renovations done, money paid by me, bank details available.
2003 My sister Nisha occupied the house, after the permission of my father, informed me later. A small amount of money in the form of gold for a period of 33 months was paid as rent which was advised by my father.
2003 – 2004 my father and my elder sister died subsequently.
2006 when the gold chit over, I asked her to give as money only to me not the gold chit, initially agreed, but not paying the rent. After so many attempts, she was not ready to give me money, or house to me, so I went to court, for the rent, but dismissed my case since I did not have any documentation pertaining to her stay.
2007 Since Nisha was holding all the jewelries of mine and my mothers, not ready to give it to me, because I was not signing a NOC for my father's property in to her name, so I lodged a complaint in the police for my jewelry and the share of my mother jewelry. Both Nisha and my brother Jothi agreed to give me, in a common place in Delhi, but they did not.
2007 same year Nisha sent me a court order of temporary injection of my property, and then she applied for permanent injection.
2007 to 2011 during the case period, case referred to lok Adalat, but failed.
2011 Nisha got permanent injection, I went for Appeal, during this time we produced the documents, that nisha was not occupying my house to my lawyer.
2013 now my appeal got dismissed, exact reason for dismissing not known immediately.The operative portion read as under
"
"the appeal is hereby dismissed,confirming that degree judgement of the trial court in OS2853/7 dt 28/6/11,however by realising the tentency of the case by awarded no cause in this appeal"
Request for advise on
1. I want know can I occupy forcefully, if I do what will be the consequences?
2. How to get my house from my sister? I am staying in a rented house in same city.
3. Sale deed, in my name, property tax paid by me.
4. From the ration store, proof is there that she is not staying there
5. The electricity and water also cut off from my house.
6. Nisha,s husband is using it as Godown with some goods.
7 please read and tell me what remedies I have
8. Does the appellate court decision means it is a tenancy and I can collect rent
9.In that case can I file for arrears of rent and posession
10 Is it a case of adverse possession ? Is such a rule valid in India?
11. It is my hard earned money while I worked in Army. I trusted my sister and brother.So I did not keep a copy of the cheque details with which this flat was purchased under army quota.
12.My sister has also occupied a flat in the city whch was purchased in fathers name.
13. What remedy I have? Please tell me
Raman
08 February 2013 at 05:57
Hi Experts,
I transported my Bike and few goods from Bangalore to Delhi using a packers and mover company. I specifically asked for insurance and declared the value at Rs 60,000 in total. The packer loaded all the goods from Bangalore and gave me a bill of loading. I asked for the insurance receipt but he said that the insurance receipt will be sent to me by email within 2 days as they purchased a group insurance from Oriental insurance and my goods’ insurance will be from that group insurance and he needs to put in the vehicle number in the insurance, so it would take 2 days to receive the policy. The packer kept delaying the insurance receipt and hasn’t sent it till yet.
He committed that the consignment will be delivered within 7-10 days for sure but it’s been 16-19 days and I haven't received my consignment till today. Whenever I call the packer, he says that the consignment is on the way. When I asked him, why it’s talking so much of time. He answered, « Did you pay the full truck’s freight. No right, then just wait ». And he just refused that he committed to deliver the goods within 7-10 days. I did a mistake as well as I didn’t ask them to write the delivery date on the receipt because they were saying that date is not fixed and it could be 7th day or may 10-11th day. .
When I tried to tell him that I could take action against the services. He threatened me and said « Ok, now the goods will be delivered when you’ll do something against me ». And said that he’s also local so beware.
I am felling very helpless. The consignment has my all books and because of late I am not able to study and do the preparation for my exams which are in April.
Please suggest, what can I do as the goods are still not delivered?
Thanks,
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House land kabja
hello experts,
gudevening. i want to know about the remedy available to me. i own a land of 11 cent at my village. but in that 11 cent only in 6 cent house was built long back. remaining land just left it free without any fencing.
that free land upto 3 cents was occupied by neighbors without any hesitation. they are reluctant to talk to us when we question about the thing done by them. now i want to file a suit of kabja in the court against them. please tell me how to proceed and how much money will have to be paid to court for the kabja?