Talvinder Kaur
25 September 2010 at 23:02
Respected Members
Please also tell me the modes in which the property can be auctioned.
s.loganathan
25 September 2010 at 23:02
1. Sarfaesi 13(2)is issued.
2. Possession taken after 60 days u/s 13(4).
3. During possession I object, since representation u/s 13(3A) not replied within mandatory period of 7 days, and also schedule of property differs, but not taken heed of and served notice and affixes notice on wall.
4. I receive the possession notice and and endorse my objections to the illegality of the notice and get the accompanying Notary Public to witness it.
5. Bank fails to make mandatory paper publication within 7 days.
6. After 1 month, I get a 'Fresh Notice' u/s 13(2).
7. I object u/s 13(3A) saying possession had already been taken, and issuing a 'Fresh' action again u/s 13(2)without restoring possession to me, or abandoning their right to the first notice.
8. I also send an advocates notice and he raises several questions of law and explanations, and allegations of deficiency.
9. Bank gives reply by making false claims that they did not make paper publication on my request and since the publication of possession notice was not done, the possession can't deemed to have been taken by the Bank and the question of re-delivery does not arise at all. Bank also includes their previous reply to the first 13(3A), to be part and parcel of this reply (which should mean that this notice is in continuation of the first action ).
10. I refute the claims of the Bank that they had rescinded on my request and further state in my reply that possession was taken and I obliged to the statutory provisions and endorsed my objection on it.
11. Now, after 5 months, without replying to my advocates notice and questions, or to my letter of refute, the Bank comes and affixes another possession notice on the outer wall of my house and sneak a copy into the 'milk box'.
My question is specific. It is an established fact that the Bank can send and resend 13(2) notices, but once they have crossed that process and resort to the next step (i.e. 13(4) ), can the Authorised Officer having taken possession, without re-conveyance of property or notice to abandon process, issue another 13(2) for the same property already taken possession?
Goutam
25 September 2010 at 21:39
Respected members,
I want to file a case in Consumer Forum against the NIIT a computer institute for the refund of the fees.
Facts:-
1.I got admission in NIIT institution dated. 21-6-2008.
2.Five installments of the fees were paid by me.
3.I had not obtained the ID Card of the instituion. Even i had not obtained the student ID which was also given by the head branch.
4.I was attended very few classes, but paid installment regularly.
5.Attendence was not taken by the institution.
6.During these five months i told the head of the instituion verbally many times for the refund of the my fees.
7.But they told me that it not possible.
8.At last i left the institution. The application for the leave was not given by me.
9.Their teaching method was not good. or even they were not able to provide a good facilites for practical classes.
Help:-
1. So plz suggest me on what bais i can prepare a complaint or what is the main facts of my complaint for filing a case.
2. Can i file a compliant against the institution for deficiency in service or for the lack of facilities.
3.Can i add the fact in my complaint that i had attended very few classes. But i think that they can show the full attendence in their register by illegal way,.
4. If you have any ruling which is in favour of me or which is against the institution plz send or upload it.
Goutam
25 September 2010 at 20:32
In which Act the provisions or rules relating to partition is mentioned.
Anonymous
25 September 2010 at 19:57
Plaintiff has filed a suit against me making certain allegation.... i appeared on behalf of defendant in the suit and filed application under order 1 rule 10(2) of the civil procedure code denying my role and hence my name be strike off from the suit and in the said application I also raised the plea that "x" person is party to the suit and not I.. in reply to the said application the plaintiff stated that not that " x" person but I am the party.. but on the next subsequent date plaintiff filed application order 1 rule 10(2) of the civil procedure code stating that defendant has raised the plea regarding adding that "x" person to be a party to the suit and so that "x" person be added to the suit .. but in the said case neither any averment/contention/dispute nor any type of relief is claimed against that "x" person... instead all of the contention/averment/dispute and all the relief are claimed against me i.e. defendant. can the plaintiff directly add that " X" person in the suit inspite there been no averment/contention/dispute nor any type of relief is claimed against that "x" person??? what is the excat procedure???
Mugundhan
25 September 2010 at 19:03
Dear Experts, whether the daughter of second wife (illegal)is a legal heir of a deceased person. Pl explain with citations. Thank You
Anonymous
25 September 2010 at 18:07
We were five brother at the time of death of our father in 1996, who was a member of BSE and actively doing share broking business. Since then 2 brother are expired.
Due to ulterior motives other two living brother who were assisting father under POA are not co operating in obtaining a letter of administration due to frauds committed by them running in to several crores and not giving proper accounts of father's business.
Under these circumstances pl. advice how, I can get my self declared as a legal heir so that I can ask with authority BSE and banks about the fathers accounts as they question my legal status whenever I tried to ask for the details ?
yogesh
25 September 2010 at 17:14
Sir,
Please kindly inform whether supporting affidavit can be annexed with Rejoinder or only the Rejoinder Affidavit is permitted (in which whole document is attested by the Oath Commissioner)?
yogesh
25 September 2010 at 17:11
Dear Experts,
Please kindly inform if the petitioner has moved an Application under CPC before the Distric Judge and the respondent in its reply uses very scandolous and defamatory language in the Written Statement. Please inform whether Application under Section 340 of the CrPC can be moved by the petitioner against the respondent?
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civil
1,do a munsif court have the power to grand a mandatory injunction for a suit filed by a private person ,to direct the thasildar to remove encroachments in a govt.kaalvai, by another private person