Anonymous
25 November 2011 at 10:51
I have my (Pagadi) rented property at Sion, Chunabhatti since 1975 we are stayed but last 5 to 6 year property was closed. In the mean time my owner fille a petition in small cause court Mumbai unfortunatly i dont have any case number or not got a any notice from the court because my property closed. i want a suggestion from the experts. How will i find the court case status please advise.
Sachin
25 November 2011 at 10:32
A judgment passed by the consumer forum is against respondent stating that either you pay the money or you repair the vehicle in question. The respondent is agree to repair the vehicle but complainant is not ready and willing for the repair and he want entire money than:-
1. what is the remedy for the respondent?
2. Can complainant file execution petition?
3. How many execution petition the complainant can file?
4. Can forum impose penalty on the respondent?
5. How to defend....?
6. Request to provide judgments on this line...
G.Nagarajeshwar Rao
24 November 2011 at 23:58
Dear Experts!
I am having a case on hand that- a tenant has purchased a mulgi / shop. He has been in the possession in the said shop as tenant. The tenant has entered in to an agreement of sale unregistered one, the same is reduced into writing on Rs.100/- stamp paper. The total value of the shop (building) is Rs.5 lakhs. out of which he paid Rs.2 lakhs as advance, thereafter he again paid an amount of Rs.2 lakhs to the land lard. There is a recital in the document that there is no interest charged in future on the said Rs.2 lakhs and there is no rent for the shop, which he is purchased. My contention is that his possession is continuing as tenant only. the learned judge's contention is that the possession of the tenant is seized and he is perfected his possession as purchaser as per the agreement of sale and the said agreement is to be seen as sale deed or conveyance deed. Therefore it is required to be stamped as if a sale deed. Therefore the deficit stamp duty shall be levied. For that I have differed. The learned judge is relaying on B.Ratnamala Vs G. Rudramma A.P. High Court (D.B.). Hence I need citation of supreme court, urgently. The case is posted to 28/11/2011 for further hearing. please help me.
Anonymous
24 November 2011 at 23:28
i am tenant in one property since last 40years. in Hrp suit,court pass ex party decree in against me, now the owner file a darkhast for take peacful vacat possession for the suit property, the court pass x party decree for the judgement. what set a side the decree/? and demand for the suit decided on merits? under which sec of cpd i restore the application? i m the respondents in this mater and courts order in plantiffs favour?
Anonymous
24 November 2011 at 22:31
I had availed of the unsecured personal loan from the Bank. Now the bank has moved to DRT for the recovery of the loan .The applicant bank has applied for the injunction on transfer, selling of the immovable assets ,& has also demanded for the attachment & possession of the immovable assets , in the same injunction application,the applicant bank has admitted that the concerned personal loan is unsecured loan & neither any collateral security was taken nor any mortgage deed was made at the time of sanction of the loan.Is section 19(12) of recovery of debts act 1993, applicable for unsecured personal loans? on what grounds this injunction application can be dismissed? what are the legal remedies available for the borrower to challenge and dismiss the application made by the applicant under section 19(12) of recovery of debts act 1993 in the DRT? If any such order under section 19(12) of recovery of debts act 1993, is passed by DRT , what are the legal remedies available for the borrower to lift the injunction from the immovable assets?
jayesh sinha
24 November 2011 at 22:12
i had complaint to one civic body to erect boundary wall and protect their public utilty land by constructing boundary wall and making allegation that their engg staff may have vested intrest with developer in encroaching land now the head of civic body is asking name of staff of team who may have nexus with developer in writing which i dont want to give in writing since it is only my allegation as it cannot be proved should i respond to them can they take legal action on me if i failed to respond to their letter in writing what should i do please help as i dont want to get embroiled in any contovery since my intention was only as a ordinary citizen citizen to see that public utility land is not encroched by any vested interest please advise what should i do now
j k sinha
Balaji Bakthavathsal
24 November 2011 at 19:38
A group of fraudulent persons attempted to grab my ancestral house with the help of fake documents and created several encumbrances on my property.
Scene 1:
When I learnt about those encumbrances, I rushed to the Sub-Registrar and requested him to clear the encumbrances as they are all bogus and fraud which can be very well seen from the records maintained at his office where the property is registered in the name of my father while the fraudsters have no link to the property. The registrar simply refused to oblige my request and said that he acted as per the Registration Act and he cannot revoke or recall his own order and I can settle the issue only through court.
Scene 2 :
When the registrar refused to my request, I then sought the help of the Police department to enquire the fraudsters and take necessary action. But the police too coolly refused my complaint saying that it is a civil complaint and they cannot entertain.
Scene 3:
I file a writ petition in the Madras high Court bringing forth all the facts and request the honourable court to annul all the encumbrances made by the Registrar. The High court turned down my writ petition saying that the act of Registrar is 100 % perfect as per the Registration Act and he cannot be blamed and directed me to file a civil suit in the lower court.
I understand that one cannot comment or criticize either the judge or the judgment as it tantamount to contempt of court. But at the same time, I am pained to note the injustice made out to me. I had spent considerable amount of my earnings/savings in filing the writ petition. Why should one spend his hard earned money to file a writ ? Simply to hear the one sided judgment ? Had the judge asked the registering officials questions like, in whose name the property is registered, when it was done, and now who has made the transactions, do they have got any rights over the property, under what circumstances the registrations were made etc. and asked the registrar to conduct an enquiry and submit his report within a month and then finally had he delivered his judgment, I would have saluted him. Simply and blindly taking the arguments of the Govt. lawyer, the judge stated that the Registrar acted upon as per the provisions contained in Section 34 & 35 and the rule 55 as per the Registration Act.
The very same judge dismissed a similar Writ Petition (MD)No.10543 of 2009 where the judge has given his verdict saying that The rule clearly states “it forms no part of a registering officer's duty to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document.”
Now, the Inspector General of Registration, Tamil Nadu has clearly said in his circular No. 67 dated 3rd November 2011 sent to all the Sub-Registrars and Registrars in the state that under Section 82 and Section 83, the sub-registrar/registrar can initiate action against the fraudulent persons when a complaint is brought to the notice of the registering officials by the aggrieved party.
It has clear now that
1) The lawyer engaged by me is not aware of the provision and he had pleaded my case with out knowing the Registration Act fully
2) The Govt. Lawyer is also not aware of the provision and he had defended the registering officials with out knowing the Registration Act fully.
3) I am sorry, I cannot comment on the judge or the judgment so I leave it for your guess.
Now I leave it to the learned lawyers for their valuable comments and views. I have attached herewith the circular issued by the Inspector General of Registration, Tamil Nadu.
Thanks & Regards
Balaji
Anonymous
24 November 2011 at 17:21
Sir,
I have been selected for paramedic post in Delhi Govt Hospital and had made acceptance for the same and I was advised for medical examination and I have been persuing it for last month constantly and had undergone series of investigations and lastly on the basis of chest Xray report the authorities of the hospital refer me to Big hospital of Delhi Govt Hospital for cardiology opinion and I contacted the hospital and I was informed that the whole process will take time may be 3-4 months or even longer as they has no administrative staff even if I had no medical deformity
Previously I worked there in premier hospital for last 12 years and I was declared medical fit by their cardiology Deptt
My grievance is that i will not be given posting without getting the fitness certificate from the cardiology Deptt of the referred Govt Hospital and the Hospital may take longer time as stated above( even I has no medical deformity)
The reason for this has not been stated ( which any reasonable person can expect) and even after this I am not sured whether they will award certificate or do clinical trails even if I run for pillar to post
What kind of remedy/representation is avilable or I should wait for several months or Unspecified period which I have been informed..??
Anonymous
24 November 2011 at 16:50
This is about an area in Mumbai where in a fully residential area there are illegal hutments etc which are very common ofcourse. Initially there used to be a mosque nearby which was reasonably loud and bearable. But now another Mosque+madrassah has come exactly opposite it. I find it amusing that now two mosques are doing there daily azaan 5 times a day sometimes together or one after the other. The volume has also increased considerably and since they are very close to residential complexes the noise has started to become unbearable especially between 5 - 6 am. Also randomly they use the loudspeakers for speeches and something other than azaan etc.
I checked the laws of our country and realised the following
1. Loudspeakers require police permission. I am sure both mosques dont have this.
2. Between 10 to 6 according to a supreme court order use of loudspeakers is not allowed
3. Sound needs to be kept under 50-60 based on distance from source.
It is quite clear both mosques and madrassah are illegal constructions as well as breaking noise pollution laws of this country.
This has been going on for over 3 months and no one has the courage to do anything about it obviously due to perceived violent nature of this loudspeaker using community But I have had enough and am prepared to take the risk to take on this people. But I want to do this legally and also want to know whether I can sue the Police department, Muncipal Corporation and State government for the harm caused by this. Others might join me eventually including many housing societies. I also am willing to make a case against the nearby residential buildings who sometimes use the loudspeaker for their Hindu festivals.
I want advice from the law community on this and I will be looking for a good young lawyer (Infact it will be better he is muslim so that it proves that this is a noise pollution issue and not religious issue) Please contact me if interested.
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Resignation of director
The director resigned from the company by tendering his resignation in writing addressed to board of directors. The board of directors did not file the Form No. 32 with the registrar of companies (ROC)intimating the ROC regarding the resignation tendered by the director. How the company or the board of directors can be compelled to file the requisite Form No. 32 with the ROC? Can it be done through by filing a suit for mandatory injunction against the company?