Anonymous
31 August 2011 at 19:28
If a person who builds an extension of his duplex flat by encroaching into the common area applies for regularizastion and that application is rejected by the corporation, can the person seek relief from the court to get the regularizastion from the court.
The said encroachment was done in an area which does not cover in his sale deed.
Are there any precedents If the court has allowed the appeal and and given a judgment asking the muncipal corporation to allow regularizastion. If there are judgments given either by any high court or supreme court, can you please give me the details of the case.
Anonymous
31 August 2011 at 17:12
We had won a case (civil) in the trial court. The opposite party went into appeal and sought stay on execution till appeal is pending. The appellate court refused stay. The party went to high court and stating some false fact obtained ex-parte stay till appeal is decided. The high court also ordered to finish appeal in three months. However despite a period of one year is passed but apellate court is not in mood of completing appeal despite my repeated requests.
My lawyer says we will have to approach high court to get their order obeyed. But is is tedious as first get a order from high court and then again go to them to get it obeyed.
Pl suggest a simpler and effective way.
Anonymous
31 August 2011 at 15:12
MY FRIEND FATHER WAS IN BUSINESS DUE TO LOSSES HIS BUSINESS CLOSED DOWN IN YEAR 2002.AFTER CLOSURE THERE WAS DEBT PENDING OF RS 90LCS.DEBT WAS TOWARD UNSECURED CREDITORS.MY FRND FATHER HAD ONE HOUSE THAT IS SELFACQUIRED MKT VALUE 25LCS AND UNDIVIDED JOINT HOUSE MKTVALUE 1OLCS.MY FRND WORKING IN A COMPANY EARNING 20000PM HAS ONLY2LCS BANK BALANCE AND A SELF ACQUIRED LAND MKT VALUE5LACS.MY FRND FATHER IS NO MORE.A CASE WAS FILED ON MYFRND WHICH IS PENDING CIVIL SUITS.MY FRND CONTACTED WAS AFRAID ABOUT THIS MATTER.HE WANTED TO KNOW WHETHER HIS PERSONAL ASSETS SELF ACQUIRED IS LIABLE TO BE USED AS PER LAW TO HONOUR DEBT OF FATHER.AND WHAT ACTION CAN BE TAKEN ON HIM AS DEBT CANT BE HONOURED FULLY .WHETHER THERE IS JAIL IF DONT HONOUR WHOLE DEBT OF FATHER DUE TO INSUFICIENT FUNDS.I AM CA SIR I READ FROM NET A ARTICLE ON HINDULAW AND CPC50,52,53.I CAME TO CONCLUSION THAT ONLYHIS FATHER SELF ACQUIRED PROPERTY CANBE ATTACHED AND HIS AND HIS FATHER SHARE IN JOINT(ANCESTRAL PROPERTY CAN BE ATTACHED ONLY)DUE TO PIOUS OBLIGATION OF SON.BUT SON PERSONAL ASSETS CANT BE ATTACHED DUE TO PIOUS OBLIGATION.MY FRND IS AFRAID AS MARRIED PLS ADVICE IF HE IS UNABLE TO HONOUR FULL DEBT THEN WHAT ACTION AS PER LAW DUE TO INSUFICIENT FUNDS ON SON JAILETC.REGARDS
Anonymous
31 August 2011 at 14:42
Dear Friends,
In one of the arbitration matter we got majority award in our favour before arbitration tribunal.
Other side challenged the said award in District court and arbitral award confirm by the District court.
Further, other side moved to the High Court. High Court Division Bench confirm the order for 75% amount in our favour and for 25% amount both judges expressed separate views, and for separate view matter placed before the Chief Justice of High Court for appropriate order.
As per Chief Justice order matter came before the other Judge of High Court to decide.
Matter will be before the bench in coming month for argument. But previously on two occasions the Judge urged to take whole matter separately instead to decide only for 25% amount.
Now we need some clarification:-
1. Has delegated judge power to take whole matter as fresh? Or he can only pass order for 25% amount on which DB differs?
2. Can we go before Chief Justice to amend previous order and pass specific order to decide the matter for 25% amount on which DB differs?
3. What will be the impact of delegated judge order if third view arose?
Guidance requested in light of Arbitration & Conciliation Act, 1996 and Code of Civil Procedure, 1908.
Anonymous
31 August 2011 at 13:32
Sirs,
Ours is a co-operativeHousing society having 41 members situate in Mumbai Maharashtra. At the AGM held on 14.08.2011, a new committe was elected by the members. However, the newly elected committee refuses to take charge from the outgoing committe, on the ground that none have time to function as Secretary. No other member is forthcoming to be on the committee.
Please guide us as to the options available to the outgoing committee.
Thanks
R. Soupramanien
31 August 2011 at 13:09
Sir, I am appearing for defendant in one civil case. I raised the plea of Res Judicata in the written statement. The issues were framed and the case was posted for trial.
At the time cross of P.W.1, I filed an applicaiton stating that the suit was barred under Section 11 of CPC.
But the petition was returned on the ground that the trial was commenced, hence the petition would not lie?
I request you to kindly provide citation towards the above position so as to re-present the above application.
Anonymous
31 August 2011 at 12:27
One of my uncle has posted a fake charge on my parents for theft. It was totally false and police has also rejected the claim. Now can i file a suit against my uncle for loss of repute. If Yes, how much would be compensation i can ask for?
Please revert ASAP.
NAVDEEP SINGH SRAN
31 August 2011 at 11:35
what is difference ,common & relation between hypothecation ,mortgage & pledge.please deep detail with example.
jpsbhikhi
31 August 2011 at 10:48
please provide below citation asap. i shall be thankful to you.
2011 (2) CCC 381
M/s. RELIGARE FINVEST LTD. Vs. STATE AND ANR.
Section 138 N.I
if possible plzz mail me
jpsbhikhi@yahoo.com
Thanking you
Jatinder
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Can i tke stay on bank to sell mortgaged plot for loan on flat took by my dad who expired in dec2010
I am stuck in a legal situation as follows and need urgent help (Delhi/NCR).
My father died in Dec 2010. He purchased a builder flat in 2009 and took loan from SBI some how bank convinced him to mortgage another plot for the same loan.
Loan amount was 20 Lacs
So far bank has given 10 Lacs
Property price was 50 Lacs
Mortgaged plot Value is approx 25 Lacs.
We are one brother and 2 sisters along with mom and still fighting for certificate for legal hire. In between bank ppl are asking to either pay the loan emi or return the loan amount. They are saying tht they will auction the mortgaged plot and recover the loan amount from tht if we did not make the payment in next 30 days. Need to understand if I can take stay on this and until legal hire certificate comes bank hold on selling the property.
is it correct on bank's part to sell the plot for recovery of their loan or bank should wait until legal hire certificate come. I can pay but don't want to pay anything unless things gets settled down.