aassociates
07 January 2011 at 13:10
i want to know about the optomatry laws in India if any one has information of the same, please tell me.
Anonymous
07 January 2011 at 11:54
My lawyer says that in a suit of specific performance it is necessary to implead and send Notices to owners of land also whereas I have NO transactions with them but only with the builder who has taken FULL consideration as per Sale agreement and is not registering flat in my name.(Builder and Owners have JDA which could be defective/ambigous -- no GPA to sell has been given to builder by the owners). Is it correct/necessary to implead the owners also as defendents to sustain such a case? Is it not fraud on the part of builder to take money when he has no interest in title of property? Please help ...
Anonymous
07 January 2011 at 09:40
Issue :
Whether dwelling unit can be used for residence as well as for professional use ?
Reply :
Regulation 1 & 2 of Development control Regulation,1991
Definitions of Terms and Expressions under Development control Regulation,1991.-
(1) General--In these Regulations, unless the context otherwise requires, the terms and expressions shall have the meaning indicated against each of them.
(2) Meaning as in the Acts, Rules, etc.-
Terms and expressions not defined in these Regulations shall have the same meanings as in the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966) or the Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. II of 1888) and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.
Regulation 14 of Development control Regulation,1991
Ancillary Uses Permitted :-
The ancillary uses permitted in various use zones and the conditions governing the same shall be as given in Part-IV
Section 2(n) of Mumbai Municipal Corporation Act, 1888.
a person is deemed " to reside " in any dwelling which he sometimes uses or some portion of which he sometimes uses, though, perhaps, not uninterruptedly. as a sleeping apartment; and a person is not deemed to cease " to reside " in any such dwelling merely because he is absent from it, or has elsewhere another dwelling in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning thereto;
The definition of the word “residence” is given in the Maharashtra Regional and Town Planning Act, 1966 Act,(MRTP) which means as under :
Section 2(28) " Residence " includes the use for human habitation of any land or building, or part thereof including gardens, grounds, garages, stables and outhouses, if any; appertaining to such land or building;
Regulation 51(iv) of Development control Regulation,1991
Professional offices and studies of a resident of the premises and incidental to such
residential use, or medical and dental practitioners dispensaries or clinics of a resident of the building with only out patient treatment facilities without any indoor work, each not occupying a floor area exceeding 30 sq.m. (but not exceeding 50% of the total area).
Opinion :
The definition of person “deemed to reside” or even “resident” or “reside” is not given in the Development Control Regulation of greater Mumbai of 1991.
Vide Regulation 2(2) of Development Control Regulation of greater Mumbai ,1991 Terms and expressions not defined in these Regulations shall have the same meanings as in the ;
(a) Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966)
or
(b) The Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. II of 1888) and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.
The definition of the word “residence” is given in the Maharashtra Regional and Town Planning Act, 1966 Act,(MRTP) which means as under :
Section 2(28) " Residence " includes the use for human habitation of any land or building, or part thereof including gardens, grounds, garages, stables and outhouses, if any; appertaining to such land or building;
The definition of the word “reside” is given in the BMC Act, which means as under :
a person is deemed to “reside" in any dwelling which he sometimes uses or some portion of which he sometimes uses, though, perhaps, not uninterruptedly. as a sleeping apartment; and a person is not deemed to cease " to reside " in any such dwelling merely because he is absent from it, or has elsewhere another dwelling in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning thereto;
Chartered Accountancy is neither commercial nor shop but is profession as held by the Karnataka High Court and Bombay (Jurisdictional High Court) in following cases :
(a) In view of Judgement of Phillipose & Co. v. the State of Karnataka, C.C. No. 21496 of 1987 under Karnataka Shops and Commercial Establishments Act, 1961 — office of the partnership firm of Chartered Accountants is not a commercial establishment as C.As. carry on profession like lawyers or doctors and do not carry on trade or business.
The judge observed : "A profession is a vocation or occupation requiring special usually advanced education and skill. The work and skill involved in a profession is predominantly mental or intellectual rather than physical or manual."
The chartered Accountant is profession and use can be incidental use when the same is used as dwelling House by the Chartered Accountant as the word reside means and includes right to use the premises.
(b) The Bombay high court has held that the office of a chartered accountant was not a "business and commercial'' establishment. A division bench of Justice S B Mhase and Justice S R Sathe struck down as "unconstitutional'' sections of the Bombay Shops and Establishment Act that included CAs within the definition of commercial establishments.
(c) The Bombay high court in WRIT PETITION NO. 1256 OF 1992 has held that the Chartered Accountancy is a profession and it is not a business.
Premises used for dwelling as well as for business office purposes then the dominant user still remains residential :
(a) The Bombay High Court in the case of Lakshman Sintre v. Balkrishna Shetye, BLR page 937 and B. R. Oswas v. Laxmibai, BLR page 214 it was decided that when residential premises are used for dwelling as well as for business office purposes so however that the dominant user still remains residential, it would not be in breach of the bye-laws and regulations of the society as there is no change of user involved.
(b) The Hon. Supreme Court in the case of Delhi Pradesh Citizen council Vs. UOI & Ors. Vide Writ Petition (Civil) No. 263 of 2006 vide para 5 which is in line with DC regulation of Greater Mumbai have held as under :
“Professional activities will not be permissible except by Architects, Chartered Accountants, Doctors and Lawyers. Even by these professionals, professional activity will not be carried on in excess of 50% permissible coverage in residential premises and by anyone who is not a resident (dwelling) in such premises”.
R.B.Popat.
Please advice my view is correct or not?
Anonymous
07 January 2011 at 02:05
If an employer of public limited company charge sheet an employee, and the employee challenges the charge sheet and inquiry in Plaint of the suit and attends inquiry without prejudice.On completion of inquiry employer issues a letter of termination to the employee. The employee takes out a notice of motion and challenges that letter of termination by way of notice of motion in the same suit.
Q. No.1 -is it mandatory to amend the plaint and incorporate the letter of termination in the suit?
Namitabh Kothari (9930992660)
06 January 2011 at 22:58
Dear friends,
What is the next legal option available and/or the step to be adopted after the Appeal against my clients is allowed ?
The matter is under tenancy laws.
The suit by the Landlord was dismissed by the Trial Court.
The Appeal Court reversed the Dismissal judgement and decreed the suit and ordered the eviction of the tenant.
What is the legal remedy available now ?
2nd Appeal ?
Writ Petition ?
or something else like Appeal from Order?
Please reply urgently and asap.
regards
Nami
9930 992 660
Anonymous
06 January 2011 at 21:49
Parents Died,leaving behind the children i.e., "A". "B", "C", "D" are Hindu Joint Family, one house was partitioned with Un-Registration Deed,
"D" Sold his partitioned part to "Z". "D" executed un-registered sale deed infavour of "Z". "Z" constructed some part in that site.
"B" filed Demolition and for Partition suit agaist all family members, and Court Notice was sent to the "Z"
Now "Z" wanted to construct remaining part and wanted to register is it possible
My Queries are:
1. "Z" may register his part
2. Matter is pending before the court, "Z" May construct his house in remaining part
3. If "Z" construct a house, is it comes under contempt of court
4. If comes contempt of court is it Civil contemp or criminal contempt
5. "Z" received Court Notice, so "Z" have knowledge regarding Partition suit before the court
Please reply very urgent
lissing perme
06 January 2011 at 20:01
Do Govt. Advocate have rights to move bail petition in court???
k.bala
06 January 2011 at 18:34
Dear Sir,
I have dout in the Partition Deed with two brother . In the village there is two brother one of the elder brother came to chennai after is finished is graduation and he settled in chennail after some time there father also died after few years the younger brother ask the elder brother to come to the village, he went and they both went to the sub-registered office and get the partitioner deed for the property and registerd and the younger brother told that this partition is all equal only and the elder brother belive the brother and came back to chennai after few month in the elder brother property was plot and they are selling and the elder brother went to village and asked his brother about the matter, he told every thing is finished and partition deed and registered you can't do anything with this matter you go out . In that partitioner deed the share for the elder brother is 25% and for the younger brother is 75%. This property is belong to there father name whether the grand son and grand daughter can file the case against the for unequal shares whether they will suceed or not and how to handle the matter and how can i file the case against the them
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