LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nishigandha   29 January 2013 at 21:37

In which court to get a stay order?

We need to get a stay order on eviction notice served based on Bombay Municipal Act '88 Action 105-B. Need to know where to go - as in which court in Mumbai to get a stay order?

ZAKIR AHMED   29 January 2013 at 21:15

Refund of security deposit for rented flat

Dear Sir/Madam,
Please guide me the way, what to do as my landord does not refund my security deposit.

My landlord had made lease & license agreement for 11 months (notorised,not registered) but while asking the xerox copy of the same, he had handed over the rest of the pages except the front stamp paper page.

After one year when I vaccated the flat in Nov'12, I had given him more than one month notice by email before vaccating the flat.I had mentioned that, If I vaccate the flat after the monthly due date, then for extra days, I will pay the rent proportionately. He had not replied to my mail at that time.
Though initially he agreed to refund my security deposit, but later after several follow up for 2months, he refunded partial amount and now he is refusing to refund my balance security deposit of Rs20,000/.

As I vacated the flat after 7days of the monthly due date ie, 10th Nov instead of 2nd Nov (though I had informed him over mail at the time of notice ,that for extra days, I will pay the rent proportionately). So now he is not ready to pay the balance security deposit and want to keep it as rent for the whole month. Also he has given the same flat on rent from the same 10th Nov when I vaccated the same.
There was no such point regarding rent recovery, in L&L agreement.

So please let me know, how to address this issue legally. Even I do not have complete agreement paper as he had not given me the same.Except front stamp page, rest of the pages of L&L with boths signature is available with me.

Thanks & best regards,
Zakir Ahmed
zakir_111@hotmail.com
Pune

tarun   29 January 2013 at 15:07

Garbage

नमस्कार,
महोदय कुछ लोग मेरे घर(जोकि Ballabgarh(Faridabad)-Haryana में है ) के सामने रात में कूड़ा खासतोर पर राख फेक देते है. ऐसा वो लोग रोज नहीं करते पर हर 1 या 2 हफ्ते में करते है. एक बार तो कोई हमारे घर के सामने मारा हुआ कुत्ता ही फेक गया . महोदय हमारा गली में अकेला घर है जोकि नगरपालिका से पारित है. हालाँकि पडोस में घर है पर उसका मुह दूसरे गली में खुलता है . इस कूड़ा फेकने के सन्दर्भ में मुझे बराबर वाली गली में मूंगफली बनाने वाले पर शक है.इसके अलावा में अपने घर में पिछले 20 सालों से रहता हूँ. और मेरी उम्र 21 साल है.
तो मेरा प्रशन है कि :--
1. मै कहाँ शिकायत दर्ज करवाऊं ?
२. किस law or judgement के तहत?
In short plz tell me how should I proceed ?

I would be very thankful to you for this.

Ravichandra   29 January 2013 at 10:30

Advance given

Hi All,

I have given some advance money to purchase a property. And we have a agreement done between me and the seller that I should pay the remaining amount in 20-25 days to get the property registered.

But All of a sudden I have financial crunch and I asked the seller to either extend the deal time to 2-3 months or else cancel the deal and pay back my advance money (cutting some 5000-10,000token money from that).

But the seller is not listening to this.

Can some one suggest me to overcome this ? Can I do anything legally ?

Alamelu   28 January 2013 at 22:02

Money lending at high rate of interest without licence

Hello,

I would like to know if it is legal to lend money at high rate of interest (say 2 or 3% per month, i.e., 24 to 36% p.a.), even among friend and relatives.

In such a case, is there a way the borrower can be protected ?

I shall be grateful for your views in the matter.

Thanks
A


B Singh   28 January 2013 at 19:52

Status-quo orders by civil court

My brother had filed civil suit permanent injuction in the civil court. The court had ordered to keep the property in-dispute intact and directed both the parties to maintain status-quo regarding alienation and possession over property in dispute till final disposal of the suit. The court also observed that that as per revenue record of jamabandi plaintiffs and defendant are shown as co-owners of property in dispute. My query is that after this order also my brother does not allow me to enter the said property i.e. in the house and also occupied my room and rather threads me not to enter the house and taken over possession forcefully. Whereas as per all government documents like ration card etc. my address is shown in this house. Kindly advice me that can I file contempt of court against my brother for not allowing me to enter my room since the court has told that both the parties are co-owners. Please advice.

karthik   28 January 2013 at 18:22

Land cheating

Sir my best friend promised me to get a plot and he took 5 lakhs from me. But now he is neither giving the money back or giving the plot. He deceived the trust relationship. only evidence i have is my bank statement and he has given me the blank cheque without date and he has the signed the cheque. What is the solution for me??? is the proof is enough to sue him???

Ashu Joshi   28 January 2013 at 16:45

Arbitration

We have an arbitration clause in our agreement which says "Appointment of Sole Arbitrator by mutual consent of both the parties, failing which each party shall appoint one arbitrator which inturn will appoint a third Arbitrator.

Now we have sent a notice for appointment of arbitrator by mutual consent, to the other party asking them to respond within ten days. But the other party has not responded on the same till date even after expiry of one month.

Can we initiate the arbitration proceeding by appointing a sole arbitrator and treating the other party's ignorance as deemed acceptance by other party?

Arvind Singh Chauhan   28 January 2013 at 16:12

Fate of the application

Respected seniors,
Application under Order 39 Rule 2,7,8 & under Section 151 was filed on 22-12-2011 by "A" against "B". referring the other orders passed by court, in the suits, in which "B" was not a party.


But the property in question was in possession of "B" as sold by one party before filing these suits.


While the main suit for injunction is filed on 09-05-2011 by "A" against "B".

Sir my query is whether Application under Order 39 Rule 2,7,8 & under Section 151 is maintainable against "B" without filing main suit for injunction or before filing the main suit. Main suit was filed after 6 month of filing the application.

Please refer law or case law in favour of "B".

Arif khan   28 January 2013 at 16:08

Advance paid for property

Hi,

I have given advance of 1.2L cash and 4 lacs rupees cheque for a flat in delhi. The sale deed was executed. On the other day of my payment i found that their is issue of ownership and the builder is dealing with someone else also.
I asked him to cancel the deal and refund the money. I stopped the cheques but cash he didnt return.
He said he spent the money and will refund when the flat would sell. After 2 months flat got sold but not returning the money. Saying money is not refunded once you cancel the deal.
Please advice me what to do.

thanks