Anonymous
03 May 2011 at 14:54
I have transported Motorcyle from Belgaum to Mangalore and paid Rs. 750/- for transortation. They have intimated me unloading of vehicle after a week and the Railway has charged Rs. 240/- per day (i.e. Rs. 10/- per hour) as waiting charges at railway station. I have paid Rs. 1500/- extra money without being my fault.
Could any one tell me which enactment prescribe this rule? Is there any remedy?
I have a receipt and everything.. my quary is even though (for the sake of argument)let us presume i have collected the vehicle after a week delay, whether they can charge Rs.240/- per day.. even in paid parking also they will charge at the most Rs.50/- per day??
Anonymous
03 May 2011 at 14:04
Dear Experts pl. advice suitably for appropriate legal action in following situation for recovery of Rs.10Lacs from the coop society:
1) Bought an office first on tenancy basis in 1989 by paying Pagdi amount to builder.
2) Office was then converted in to ownership in 1990 as per tenancy agreement of 1989 and the ownership agreement of 1990 by paying further agreed amount.
3) Mine was the only office on terrace fl. but subsequently builder constructed 5 more rooms illegally and sold them. Builder had arranged power from a common meter to the 6 rooms including mine and had promised to get separate meters in due course but did not do so and died.
4) Society was formed in 1992 and I am one of the founder member of society. The other 5 room owners were not admitted.
5) The secretary and other committee members were eying my office and wanted me to surrender the same to them.
6) I Was using the office for my electrical business and locked it due to constant threats from the committee members in 1995.
8) Society filed a suit against other 5 room owners in 1998 due to non action by BMC. I was not a party to this suit as
my room was in BMC plans but shown as Lift Room.
9) In Jan. 2002 a caller from the building in which I had the office informed to me that my room was broken open and goods were removed by the secretary and his other cronies. Not only this they also changed the lock and door of my room.
10) Due to corruption police registered an FIR in 2003 only and the case was filed in MM's Court in 2005 and the same is still pending.
11) Due to FIR society made me also a party in 2004 in the suit of 1998 against 5 other room owners saying that my room is also illegally constructed. This suit is now dismissed in 2009 as society and the other 5 room owners filed consent terms in the court.
12) Society has disconnected the common meter so that I can not use the room and other room owners are now having separate meters.
Pl. advice:
a) If I can file a recovery suit for Rs.10Lacs losses due to closure of business and mental torure.
b) What will be the court fee ? I am senior citizen so am I elligible for any concession ?
c) Can I request the court to ask the defendants to pay Rs.5Lacs deposit in the court if they wish to challange the suit ?
d) What happens to the court fee in the event I loose the case ?
e) Suit is to be filed in High Court or Coop Court ?
Anonymous
03 May 2011 at 12:17
The Parties approach the court that he/she wants to transfer the case to the lok adalat then both the consent is required as p er the SC judgment right For a reference to Lokadalat consent of both the parties necessary. You may refer the judgement of Supreme Court in State of Punjab Vs. Jalour Singh [(2008)2 SCC 660]. In this judgement Supreme Court delineated the contours of Lok Adalat. But But if the court feels that matter should be transferred to the lok adalat then the consent of the parties are required. “”””Especially when the court feels & not when the parties have applied to the court””””””
At any stage the court fees is refund to the parties when the case is trf to lok adalat ? The Point is in any stage of the proceedings which is going on in the court. ? Any stage.
Binding precedent are applicable to the lok adalat.
Thanks.
Anonymous
03 May 2011 at 09:41
I am in process of filing an Execution Petition in regard to a Decree passed by City Civil Court, Mumbai for two flats of my late father. The decree is very clear that the two flats are to be sold out in open market to highest bidder with in one year and any other court can not grant stay or admit suit in regard to the decree without my consent. I now have following queries with the experts:
a) I will prey that the court appointed executor take vacant possesion of flats from the occupants. Can the occupants who also happened to be dedendants challange it in higher court and obtain stay ?
b) I will also prey for the min. base price to be fixed by me. What happens if at the time of public auction this price is not reached ? Can I wait for say 3 months and then again ask for an auction ?
c) Can I prey that the vacant flats taken in possesion by executor be rented out and the rent be shared by legal heirs as per agreed ratio till I do not get the desired sale price fixed by me?
d) What is the general cost of execution and can I claim it from defendants ?
Experts kindly give the clear cut responses as this is a critical issue for me.
Anonymous
03 May 2011 at 08:36
In an apartment complex, if a person having a duplex apartment having an 1925 square feet rigestered against his name can claim to the open balconies which is not registered on his name but shown in the registered sale as open balconies, occupy and extend his duplex house even after some owners objects to it.
The said extensions regularizastion was rejected by the municipal corporation and has issued notice for demolition.
Now they have approached the court against the notice of the court.
Do they have any rights to the encroached area and are they justified to get relief in the court.
S.R.Venkatraman
03 May 2011 at 06:56
I would like to know the time frame given to the P.I.O for furnishing information/details for queries posted under R.T.I.
What if the concerned P.I.O does not bother to reply within the time frame set by the court.
Also what actions can be taken against such departments/P.I.O's for their negligent attitude.
How the R.T.I. helps general public?
Anonymous
02 May 2011 at 22:07
In a financial dispute beteween two parties the HC passes an order and based on the order one of the parties complies with order immediately. Can the other party file for appeal or review after the order is complied?
Joseph
02 May 2011 at 18:00
Hi all,
My grand ma has two daughters. Two years back she made a GIFT deed(house) to her elder daughter. In the GIFT deed(house) it was mentioned that the elder daughter took care of my grand ma well and so she is making a GIFT deed. Also it was mentioned that grandma doesn't has rights to modify or cancel the GIFT deed. But after registering the GIFT Deed(house) there were lots of mis understanding between grand ma and her elder daughter. In the mean time, her elder daughter changed the EB card, water tax and patta to her name. Since there was a hunge misunderstanding between them, grandma cancelled the GIFT DEED(house) by last year. Now she says, she needs her house back and she wants to sell it.. Is it possible for Grand ma to get her house back and sell it as she had already cancelled the GIFT deed??
Anonymous
02 May 2011 at 11:55
Sir,
In regards to my query stated as follows
I have been working in organisation on adhoc basis for 12 years and won the case in CAT for selection of the post which were held in year 2001. The CAT has directed my employer to appoint me on regular basis within 3 months and I was on adhoc tenure expiring on June 2010 when the order came in Feb 2010
After expiration of tenurei.e July 2010 I intimate my employer for implementation of order which was not communicated to me The employer move to High Court In Oct 2010 which has been remanded back to CAT. I applied for adhoc tenure for further extension which was declined in Nov 2010
I have already filed separate petition in this regard
Now my query is If I loose the case whether I am entitled for salary from July 2010 till Nov 2010 as I have already worked there?
Whethr I have to file separate Writ Petition in this Regard?
What will be the outcome as I have already given for more than 12 years in the Organisation?
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Availing 'Clearance cenrtificate' from Co-op bank
Dear Sir,
We had taken a loan of Rs.15 lacs from a co-operative bank in Maharashtra in 2005. We have repaid the bank's entire loan amount with interest for 5 yrs as calculated by the bank till, 2011, as Rs.27 lacs. Now after settling this entire amount on 28/3/2011, till today, as on 3/5/2011, the bank has not given us the 'Loan clearance letter' nor it has given us the clearance to 'Detach' our mortgaged properties by the bank for the said loan. The bank requested us to submit letters from all the loan applicants including the guarantors for cancelling the shares given by the bank and deposit those shares back to respective a/cs. After submitting all these letters also, the bank is not yet giving us the 'Loan Clearance' letter and NOC for taking back our attached property documents.
What could be our course of action on this situation? We smell some malafied intentions from the bank officials about this matter, kindly suggest us the suitable course of action.
Thanking you,
Jimmy