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

Kuldeep Singh   15 January 2013 at 09:54

Society rights on parking

Hello,
society has allotted parking to a member for a deposit, and after few years the member is no longer occupying the parking, as he occasionally stays in the flat. Can the the society take back the parking? The allotment letter terms and conditions only mention that the member should return parking if he sells the flat, there are no other terms.
The bye laws are also silent on return of parking..Lin fact bye law 84 says member should pay parking charges whether or not he occupies the parking.is there any other law applicable?
Secondly, can an AGM resolution be applied retrospectively to change terms of parking allotment?

R.venkatesh Naidu   14 January 2013 at 20:49

Limitation act

pls provide any citation for article 58 & 59 of the limitation act.

shakti ranjan rath   14 January 2013 at 18:59

Tenant neither paying rent nor vacating

Dear Sir,

I own a flat in Ameenpur, Hyderabad and have rented it out for last 2 months. At the time of letting out I had made a 11 month lease agreement and had received 2 months rent in advance. Upon completion of the first month, I did not receive the rent. The tenant refused to pick up my call thereafter, did not reply to any of my SMSes and refused to meet me. After following up with him for a week, I finally asked him through sms to vacate the flat with a one month notice on the pretext that I myself want to move into the flat. Initiall he agreed to vacate the flat, but now even after completion of the one month notice, he says he cant vacate the flat as he has not gotten an alternative flat to shift to.
Below are my queries:
1. Since the rental agreement is not registered, will it be valid in a court of law. The agreement was for 11 months.
2. The rental agreement has been signed by my wife and another independent witness. Will it weaken my case?
3. On what grounds should I issue a legal notice to the tenant to vacate the flat? Like, non-payment of rent (he has not payed me for 2 months including one month notice) etc.
4. Ideally how much time it should take to get an evacuation order from court in case the tenant contends my legal notice?
5. In case, the case is likely to be lingered for years...is there any quicker alternative?

I am thoroughly frustrated. KIndly advise.
Many thanks in advance for your help.

Adv. Virendra   14 January 2013 at 17:06

Property to be sold by charitable trust

The trusts in Maharashtra are governed by the Bombay Public trust Act. When it sells any property, it requires the consent of the Charity Commissioner for such sale.

What is the legal position if a trust registered in Karnataka/Gujarat/Goa is donated some land in Maharashtra and the said trust now wants to sell that land. which law will govern the said sale ? whether consent will be required in this case ?

sujit jaiswal   13 January 2013 at 21:41

High court vigilance

If one should not complaint against corrupt judges then what is use of High Court Vigilance....

Illegal judgment promotes crime in society,, who will take responsibility for this.

mukesh   13 January 2013 at 08:40

Need guidance regarding the press and registration of. books act, 1867

Respected Sir,
I am an RTI activist from Gujarat. I need some help from you.In my town a weekly newspaper publishing without Registration.I have got the file containing all the papers related to it's registration, by RTI from local SDM office.All the papers are bogus. Even in 2010 SDM ordered to stop the publication of the weekly.Till date the weekly is running. The following points seen,
1 The printer's address on the weekly is bogus.(The letter sent by SDM office returned without delievery.)
2 No declaration from any printer found at SDM office .
3 The owner's name and address is bogus.
4 Only title verification done, after title verification, registration process not done.
I have made a written complain to SDM office to stop publication and take necessary action during october 12. The SDM forward it to Dysp office further action.The Dysp office forward it to CPI.More than two month passed CPI done nothing.I have asked the action taken by RTI to CPI. RTI has not replied. I have filed first appeal yet to get hearing.
Now I want to go to court. So please guide me.
Thanks in advance

shirish k   12 January 2013 at 15:26

Deficiency in the service and unfair consumer practice.



Dear Sir,
I had purchased on 24Th June 2010, Chevrolet Aveo 1.4 LTD CNG version from car dealer Ashtavinayak Auto dealer, located Goregaon (West), Mumbai.
My vehicle no is MH 02 BY 7107, this car was delivered to me for use on 25TH Aug 2010 (02 months late) and after that installation of CNG kit , was done by green globe on dealers behalf ,on 16Th Oct2010.
The kit installed was faulty and problematic and hence they replaced it with a new one (as told to me by Mr Mudasar Manager AVK) but without a CNG plate.

I regret to state that Inspite of number of repeated reminder oral as well as in writing till date CNG PLATE is still not given to me. Non availability of CNG Plate has cause lots of inconvenience to me for last two and half years.
I regret to state that for last three years I am not in position to use the vehicle because of refusal by CNG filling station.
As CNG refueling is not done I am constraint to use vehicle on petrol, for me and my family costing me around Rs. 600/- per day on an average, as an additional expenditure.

Non issuance of CNG Plate is deficiency in the service and unfair consumer practice.
I have no option but to go for appropriate legal remedy.
how do i go about and lodge a legal case against AVK Motors/GM motors,
pl advice.
thanking you


Shirish kadepurkar
Car No: MH 02 BY 7107
Mobile No: 9819 936642

Namrata K Mirchandani   12 January 2013 at 14:07

Difference between injunction order and stay order

Can anyone please tell me what is the difference between Injunction Order and Stay Order?

j.s.coachman   12 January 2013 at 11:59

Two bldgs. having a common wall

two buildings have a common wall inbetween.
one building is completely vacant, whereas the other is occupied by tenants.
can the vacant building be demolished without affecting the building that is occupied? is there a law that prevents this action?
please guide.
thanks.

Namrata K Mirchandani   12 January 2013 at 10:47

Procedure to obtain stay order from cooperative court

Hi,
I have a property case pending in Mumbai Cooperative court, meanwhile there has been an execution of Deed of Assignment fraudulently and now 3rd party has entered my premises for further construction,
can anyone please tell me
1)what is the procedure to obtain Stay Order?
2)Can I get stay order from Cooperative Court where the case is already registered?
3) What documents I'll have to produce?
4) How much fee I have to pay to obtain Stay?
5) Within how many days I can get the stay order?

hoping for a prompt reply.