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Ravindra Pande   13 April 2012 at 14:30

Mhada

Case brief:
The flat allottees association signed Consent Terms with MHADA before the honourable HIGH Court Mumbai stipulating 6% simple interest on arrears and payment within 90 days and any further delay would authorize MHADA to invoke MHADA Act 1976.
Some flat owners are delayed in making payment and have asked for some more time . For the extra time they are willing to pay simple interest @ 16%. MHADA now says it will not give the benefit of 6% as per Consent Terms since the time period has lapsed and shall charge 16% from date of allotment.

Query

1. What is the legal remedy?
2. Recommend lawyers well versed with MHADA Act 1976?
3. Where can we get a book of MHADA Act 1976?

Nurul Huda   13 April 2012 at 12:29

Obc reservation in upsc exams

Hi ,

Iam Sheik.Nurul Huda and i come under OBC ,BC-E ,reservation category for muslim minority according to Andhra pradesh state G.O. does muslim minority come under OBC category in central level exams? Has centre approved muslim minority as OBC at central level.Because some of upsc applicants say that muslim comes under general category with minority status...since i have applied for UPSC under category of OBC with minority quota..is my application valid ?

Advocate M J   13 April 2012 at 12:07

Home loan

Good Afternoon respected members
My client has taken a home loan from a financial institution for RS1025000/- which is reflecting in the original sale deed of the property now the financial institution claims having issued one more cheque for Rs5,25,000/- to my client which is not reflecting in the original sale deed keep with same financial institution, they say thr are having the receipt of this 5,25,000/- from the builder who has sold his property to my client through this financial institution.
Whether the receipt issued by the builder for Rs5,25,000/- is sufficient evidences to prove that my client has received this amount. in fact my client has received on Rs10,25,000/- which is reflected in original sale deed .
How to get justice to my client to deny this Rs5,25,000/- as my client had not issued any receipt for the same instead the finical institution has received the forged receipt from the builder by paying some money extra to the builder.
So please let me how to deny this fact and can i book a criminal case against the financial institution if so under which section
Thank u

x   13 April 2012 at 11:50

Specific relief act

What are the main pleadings by which a defendant gets out of the Specific Relief ACT? I believe "Delay in Filing" or generally a delay of any sort by the Plaintiff is used to plead that relief under the Specific Relief Act can be disallowed?

Kvijay12345   13 April 2012 at 08:46

Unsecured personal loan

My friend had taken UNSECURED PERSONAL LOAN from the bank. The bank has approached the DRT. Now the bank has moved a miscellaneous application under section 19(12) seeking injunction on the property to be disposed off against my friend.The property in question is co-owned by his wife and already been mortgaged to other bank. Can the property be attached in this case of unsecured personal loans if no security at the time of sanctioning the loan was taken by the bank? If at all, any such order is passed against my friend by DRT what are the remedies to challenge and cancel such injunction order on property?

Kvijay12345   13 April 2012 at 08:32

Transfer of case from drt

If the defendant observes that the presiding officer of DRT is biased and he gives his judgement unilaterally in the favor of the bank , and therefore the defendant can not be given justice; can the case be transferred to other court or tribunal? if yes then,What is the procedure to do so?

Member (Account Deleted)   13 April 2012 at 04:18

Removal of spouse name from passport as marriage did not occur

I was in love with a girl since 1993, and this was mutual

My relation was not supported by any of our families as the girl was my first cousin (Father's Elder brother's daughter)

We had planned to get married in february 2003 with or without our parents or families consent but the relation was not accepted by law under Hindu marriage act, We had informed our parents in 2003,they strictly opposed the marriage or the relation, being practical they discussed and said no law will allow this relation,

In 2003 January when my passport came up for renewal I had input my spouse's Name as her name, and it was accepted by the passport authorities as at that time and they had not asked for any any documents, i was sure that the marriage would occure some how, When my renewed passport was received by me, it came with the spouses name as her name.

Later My relations with our entire family got spoiled because i got involved in such a relation and my parents relation got spoilt in our whole family, the marriage never occured as nobody supported it and nor was it supported by law,

In 2007 the girl was married to another person now they have two childre as well. I am not sure weather her husband is aware of her past issue.. I never met or spoken to her after that.

My passport was due for expiry in January 2013, i put and application for renewal of passport with a request for removing the spouse name, I looked up the website and found annexure K, it did not have any points indicating how to remove the spouse name in my case, based on annexure K, i contacted a lawyer and filled an affidavit sworn in front of a judical magistrate indicating that i am single and the marriage had not occured as the relation was father's side blood relation and it was a mistake and if this information is found false, i would be punishable under sections of IPC, I put in a request to remove the spouse name along with the afffidavit.

The assistant passport officers are not accepting it saying that i am not saying the truth and i have to get a divorce decree, if any corrections had to be done it had to be done in 3 months, unfortunately I forgot the mentioning of the spouse name in the passport, it completely skipped my mind as i had never used my passport for any requirements,

My relatives or her parents do not entertain any of my requests for assistance due the incident. The marriage did not occur and it could not have occured even if myself or the girl wished how ever strongly.

I have been single and have moved on in life with work and home, i want the name to be removed from the passport, I tried for answers but I am not getting any on how to resolve this.

please help/advise

Kuldeep Kumar   12 April 2012 at 22:38

Defamation case

Sir,

Please suggest can a public servant file civil proceeding against newspaper and a person against defamation.

The person is unnecessary putting irrelevant statements against the public servant.


Thanks
Kuldeep

Gajanan Bochare   12 April 2012 at 22:28

Tenant parking

Hi Sir,

I am having a flat in Panvel. There was a open parking concept for two wheelers when I purchased a flat. I do not own any parking lot and there is a provision for open parking inside society.

Lately I have rented the premise and now my tenant is facing a problem with respect to parking. Society is insisting that all tenants should park two wheelers out side the society and some owners have flattend the tyre of my tenant without intimating him.

I am of the view that my tenant should atleast be able to park one two wheeler as I would have done the same if i used to live in the apartment.

Now what step can i take against the other owners who are harassing my tenant?

Regards
Gajanan Bochare





Sourav Chatterjee   12 April 2012 at 22:10

Consumer forum

What is evidence in affidavit? what are the contents of it?

If I'm irritating or hurting any of the honourable experts then I'm feeling guilty for what I asked. But I'm not feeling ashame to ask any question. In my less than 1yr professional career (without having any senior) lawyersclubindia's experts are enriching my knowledge day by day, all of you are my senior,my teacher. As a student of law I'd certainly ask any question for which I'm not aware. May be it seems too silly, but your suggesstions are too much valuable to me.

(Actually I got my first case few months back and due to non appearence of op, president of CDF ask me to submit Evidence in affidavit in next date and he will deliver the exparte order. I am desperate to give relief to my client.)