Thiru
22 February 2010 at 19:53
1. I have agreement with Tenant (Not registered) for 11 months
2. Agreement period is not over
3. Tenant not paying rent for last 5 months (Paid rent only for first 2 months)
4. Tenant gave oral notice period before 5 months (Notice period as per aggreement is only 3 months)
5. Tenant not saying will not vacate but always buying time for the past 5 months
6. Neighbors already raised oral complaints against Tenant (Ready to give complaints in writting also) for public nuicance with lot of dogs and cats inside house
7. Not allowing me (Owner) to inspect the house (Very difficult to enter because of lot of dogs inside)
8. Already informed (Not in written) to local police station
I went through many websites and many of them saying law is towards tenant and eviction is not easy it will lot of years to do that - Is it true? Can any one help me to file appropriate case to vacate / evict tenant sooner?
Hemant Dalal
22 February 2010 at 19:35
My client, who is a non resident indian, wishes to establish a public charitable trust in Surat, Gujarat. Our application is being rejected by the Asst. Charity Commissioner on the ground that since my client is a Non Resident Indian and is not having any permanent residential house in India, he can not become a trustee in the proposed Trust.
The Asst. Charity commissioner is pleading on the ground that there is a provision in the Trust Act that a trustee has to take Charity commissioner's permission to remain out of india continuously for more than 6 months and it is implied that only a resident person can become a Trustee
Please advise as to whether this contention is right? This is a bit urgent, since the application is pending for more than one year.
Thanks
raju
22 February 2010 at 18:44
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct by masonary and r.c.c. concreting otta/balcony & handover the flat to me after that i fixes grill on masonary work of otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony . and mentioning of 730 sq feet area as a flat area.
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason. please say court decision in my favour or not.
Anonymous
22 February 2010 at 15:54
a mobile tower is constructing in the adjacent property. what to do for stopping the construction? what are the laws applicable in this field
Anonymous
22 February 2010 at 14:38
I received a notice in 2005 from the municipality regarding my compound wall/boundary wall. The said wall is on my land & was constructed in 1973-74. I filed a suit in city civil court. The Municipality did not file any reply. I had pleaded to the court that the Compound wall be declared 30 years old & The notice issued by Municipality was barred by time & bad in law.The matter proceeded without the defendants reply. in support of my claim the 3 plaintiff's gave evidence & they were cross examined by the municipality's lawyer. My Lawyer told me that since the municipality has not filed any reply we need not worry & no other evidence was required. However the Learned judge dismissed our case & mentioned that our contention that the wall was contructed 30 years ago is not proved. Now my lawyer says that the learned judge has erred in his judgement. Is my lkawyer right ?
Sumir
22 February 2010 at 13:01
I had given practical exam, during which the examiners gave marks with pencil initially and latter these were manipulated. I had filed an RTI with university, if it is allowed to give marks in pencil during practicals initially, and latter change. Despite of no such written information, the university stated that yes it is allowed, in fact, justified it saying that this avoid mathematical mistake and cancellation etc.
It is possible to ask for reexamination? what are chances of wining the case, and under what time, please help urgently.
(exams were held in December 09, result declared on 10th FEB, 2010; myself has failed)
Anonymous
22 February 2010 at 10:28
Dear Sirs/Madam,
In many agreements one may find the clause which is similar to ‘the doctrine of severability’
[i.e. if any clause in the document determined to be invalid or unenforceable the remaining provisions of the agreement shall not be affected thereby and shall be binding upon the parties and shall e enforceable as through said invalid or unenforceable clause were not contained in the agreement.]
If one can draft a document containing clause as mentioned herein above… can one also incorporate ‘the doctrine of eclipse’ in agreement????
Is there any precedent, ruling of courts etc????
[Agreements = License & Assignment of Copyrights, MOU etc...]
Thanks.
Anonymous
22 February 2010 at 08:38
Hi
The appeal limit to approach upper court is 30 days from the date of judgment. What if the holidays like summer vacation (whole May month) falls in this 30 days limit period? Or this vacation is excluded from the appeal period?
For ex if the judgment date is 25th Apr after this entire May month vacation comes then what will be the start and end date of appeal limit?
kanti kumar
21 February 2010 at 22:51
Hello,
I just have a query that can a primary document be brought to court by respective public department if an application is moved for the same, can it be done at the stage of cross examination of the witness where the secondary document being confronted on which witness sign appears and he is denying the document under which section we can do that
thank you.
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jurisdiction of civil court / co-operative court
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