Anonymous
01 July 2010 at 21:48
Respected Sir,
A neighbor of mine is a veteran criminal and does all kind of illegal activities. To run his illegal activities he regularly pays a fixed sum to the Police and administration. Initially he encroached around 300sqft of my land, we objected and filed a suit u/s 144 and 145 Cr.P.C. as advised by our advocate, but during 144 he constructed, police too failed to stop him. Also aggravated by this suit, he further encroached 300sqft of my land. He is a dare devil criminal who says that “One of our leg always remain in jail.” Due to fear we stopped following the suit, he too stopped following the suit. My advocate says that he cannot be contained by law, u manage him by some other means. Now almost 10yrs have passed, some advocates suggest to go for Title Suit with recovery of possession or u will lose it in adverse possession. We fear that if we file title suit then this time again he may further encroach some portion of my land and will create some problem for us. Police is with him. Also my advocate says that no injunction will be granted since in history of last 30 yrs lower court has never granted any injunction. In this condition what should I do? Plz. Suggest.
Thanking all.
Anonymous
01 July 2010 at 21:40
Is the private land acquired by government for silent value through forest Act can be retained back?
Anonymous
01 July 2010 at 20:39
In the first week of march i won a OA regarding my promotion from the Principal bench of CAT.I would like to know if there ia a TIME LIMIT for the Respondents (Govt.& Pvt.party) to get a stay or for filing a appeal. THANK YOU.
Anonymous
01 July 2010 at 18:23
Dear Sir,
Plz solve my problem with decided case/ case law
I purchased a property in a public auction from a bank. In order to register the property in my name, I went to the housing society to get the membership. The housing society claims that the previous owner (before me) of the land did not construct a house within 5 years of his purchase and they sent the owner a final notice that the society has taken over the ownership of the plot due to the non compliance of the society laws (or bye-laws whatever).
The previous owner had received loans (not a home loan) from a bank keeping the original sale deed of the property as a security prior to the final notice from the housing society. The society claims that bank did not obtain an NOC before giving loan to the previous owner and therefore their claim to the land is valid. However, the bank claims that they did not require an NOC from the society to lend a money.
The bank sold the property to me in an auction under the SARFAESI act. The property will be useless to me unless I can become a member of the society because I will have to get approval from the society to get electricity, water etc.
In short, here is the outline of events:
1992: X (assumed name) purchased a residential land in a housing society.
2000: X mortgaged the land to avail some loan (not a house loan)
2002: Housing society sent final notice to construct a house in the land otherwise his ownership of the land will be nullified due to the non-compliance of the society rules.
2008: Bank initiated the legal process to recover their loan. They put a sign board
on the land indicating the land has been seized by the bank.
2009: Land was auctioned under the SARFAESI act.
I was the highest bidder at the auction and was granted the certificate of sale from the bank after the full payment of the auction amount.
Society claims the ownership over the land even though the land is still registered in the name of X. They want me to get a copy of the NOC that bank must have gotten before granting a loan to Mr. X. Bank claims that they are not required to get an NOC for giving a mortgage loan.
Am I screwed here? I will not be able to register the land in my name unless I get an NOC from the society.
Please advice what are my options? Bank is willing to co-operate with me in any legal matters. I am willing to pay any maintenance fees past due on the property. I am located in Bhilai, Chhattisgarh.
Can a housing society claim ownership of the land without registering the land in their name?
Ashutosh
Ashvin Khambhata
01 July 2010 at 17:29
I have filled one suit against the against union to restraint them from dharna or demonsration under order 39 rule 1.2 of c.pc but civil court has not entertained this application on ground of juridiction hence rejected now i want to know wheather appeal lies or revision .pl also quote judgments
ASHVIN KHAMBHATA
AJIT KAWATKAR
01 July 2010 at 14:22
we moved a petition against Aurangabad municipal corporation for restraning them from our Legal srtucture within our boundries;which they claimed as ENCROCHMENT on RD.The Final orders were passed in our favour in 2003 It is as follows *2]suit is decreed *3Defendent[corporation]their agents etc.are hereby PERMANENTLY RESTRAINED from COMPOUND WALL & CAUSING OBSTRUCTION; INTERFERENCE;ENJOYMENT of COMPOUND WALL etc within their PVT ppty bearing c.s.----.*4]no orders as to costs *5]DECREE be DRAWN-UP ACCORDINGLY
My Q. is regarding [5] who's responsibility is to draw the Decree ;how to execute it ;what will be its effect?
binukokkad
01 July 2010 at 14:14
whether the rent controll court have jurisdiction/power to fix fair rent?
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Company Petition for winding up of company
In company petition in High Court of Bombay, at an admission stage the Judge passed order directing respondent i.e. company to pay amount as per the petioner and on payment by the respondent the petition shall stand dismissed accordingly.
I am for respondent i.e. company for challenging the order of the Judge for quashing the said order on ground -Because the company filed a reference before BIFR and the same entertained by BIFR and case registered and BIFR directed not to alineate property to any one without consent of BIRF.
what I need to do?
a) to file appeal or b) take out notice of motion, or c) what type of application.
Kindly respond to the earliest.