md neshat ahmad
11 August 2018 at 13:06
Dear Sir,
My Uncle has forcefully occupied more than his share without Partition and made boundary inside house/room. we have approaches police they denied to do anything as he is the sharer.
please advice what we should do to stop is further work as well as for partition. From where and How we can take stay order .
This property is an ancestral property.
Payal Sharma
11 August 2018 at 12:44
I need a lawyer for cheque bounce in Jhajjar... please help
Anonymous
10 August 2018 at 16:30
An elder son has filed a case in civil court to challenge the will written by she in favour of younger son .after 9 months after death of mother,elder son has filed again after mother's death to include daughters.and samman has issued in this respect.
As sisters do not want any property nor any claim,then is it necessary to attend court on scheduled date.if daughters do not attend what consequences may be
Anthony
10 August 2018 at 14:51
My last hearing was on 9/8/2018.....in Bombay High Court.....During hearing both Parties (BMC Appellant)... and me Respondent....My Advocate
insisted on referring to lower court judgement .. in my favour....hence Hon. Judge...insisted to call for the File of the Lower Court(Dindoshi)...Now the Case Status shows......Admitted(unready)...what does it mean legally...
Thanks
Unnati
09 August 2018 at 23:41
Dear Experts,
I stay in CHS in Mumbai on ground floor. Few of Society members who own vehicles, park their two wheelers outside my house windows very nearby. Further, the vehicle cleaners come at irregular timing in the morning, thereby disturbing sleep. This hampers privacy. Also since vehicle are parked 24x7 the footpath is shabby as the sweepers don't sweep properly. This may cause health hazards.
I tried speaking and conveying the above inconvenience to the vehicle owners but in vain, they are not bothered.
I would seek opinion of experts whether CHS members are legally right to park vehicles outside others windows?
Also is there any remedy available to me. Should I approach the Managing Committee? Are they legally bound to resolve this?
Kindly revert. Thanking you in advance.
Thanks, Unnati.
4WhatIsRight
09 August 2018 at 13:27
Under an oral agreement a deed of conveyance was executed on a 100/- Stamp paper, but due to breach of obligation by the seller the deed couldn't be registered nor possession has been handed over.
Filed a title suit for specific performance. Defendant denies having any oral agreement but hasn't contested the unreigstered deed. Advocate of defendant asked the learned court to impound the unregistered deed and send it to collector for levying penalty and assessing stamp duty to be paid.
If the learned court impounds and sends it to collector, what will be the legal status of that deed?
Will it be proven to have been executed by the defendant, as only executed but unregistered and understamped instruments can be impounded.
Will it help the suit for specific performance?
Ankit
09 August 2018 at 12:54
I gave POA for taking care of my property in 2013 and cancelled that POA in 2014, the POA holder sold my property to his wife in 2017.
I want to take criminal actions against the couple.
Please suggest, also advice me what is the time frame in which I can take any action.
Shall I lodge a police complaint or a civil suit or a criminal suit?
Anonymous
09 August 2018 at 12:53
My in-law has filed a case against his brother for property dispute,his sister does not want any share in that property then is it necessary to receive letter issued by court by his sister?
Arun kumar
09 August 2018 at 10:58
hai experts,
i have given a loan of 5L to a person for investing in his business. he assured me 7.5 L after 4 months and given promissary notes and post dated cheques.But after the time he asked for more time and made new promissary notes and cheques with 9lakh. but after that time also he didnt pay me off. Now that cheque also got expired and he gave new cheques but old promissary notes only...when i went to submit it ,the bank guys said no money. now that also going to expire...its been 1.5 years since i gave money. now he asking more time.. what should i do... submit the cheques in another bank,and let the cheque bounce and go case against him or wait till he gave money....what steps i can take to protect my side..please advice
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Review petition kept pending by CAT by repeated bench recons
I had filed a review petition in central administrative tribunal Bombay in August 2017 against my OA dismissal.when the review petition was filed one of the member (administrative) of the division bench who passed the OA dismissal judgement was transferred to chennai bench of CAT.A new administrative member then joined CAT bombay.one original member (judicial) was still available and was the chairman of CAT.since one member of the original bench was transferred the review application was heard by one original judicial member and newly appointed administrative member.I construed it as a reconstituted bench.notice was issued to respondents and review matter was heard with as many as seven hearing dates.The respondents filed only one reply after three hearings (they were absent during first three hearings).during these hearings the written orders specifically mentioned the corum with names of original judicial member and new administrative member.The judge(judicial) reserved the judgement in March 2018 hearing but he again dereserved it and pushed the matter for another date of july to rehear both the parties again because some citations judgements in support of review application were submitted by my lawyer in CAT office after hearing and the judge wanted it to be properly indexed with synopsis which I thought was a deliberate delay tactics of the learned judge as the respondent party lawyer has no submissions/objections/aversions to make.this was done despite of the fact that the respondent lawyer had nothing to say or add whenever judges asked for his response or version (he plainly admitted of no response and remained silent in every hearing). Please remember that this original judicial member of corum was on extension (he was suppose to retire in January 2018 itself). he knew that he may get retiring orders anytime once the central government appoints a new judicial member which is what exactly happened as his extension was ended in June and a new judicial member was appointed.when my review application came in July for final disposal (pl remember the respondent lawyer has still nothing to add or object) before this bench it refused to dispose off my review application and instead ordered to reconstitute the bench and rehear the matter again which I think is a pure harassment by tribunal.The administrative member(he is now chairman) who was a part of that courum who heard this review matter for seven hearings would again be a part of a reconstituted bench and would again rehear this matter which I think is ridiculous and atrocious and making a mockery of Justice system.The tribunal is making me to suffer as I have pointed out some serious flaws and errors in the OA judgement.The OA was disposed off within four months and the judgement of review petition is not being given on one pretext or the other from last twelve months. now a reconstituted bench wants to rehear it again.The tribunal should either dismiss it if it does not find any merit in my review petition or should allow it.by not doing anything it is simply blocking my road to approach high court.this is frustrating a petitioner in worst possible way.In my view the administrative member who was a part of the coroum who heard this review matter throught the seven hearings is legally empowered to pass any order (dismissal or allowing) and there is absolutely no need to reconstitute the bench again and rehear this matter again.please remember the administrative member would again be a part of this reconstituted bench and he wants to rehear it again when he has already heard it.This is very funny as the last written order of tribunal says "The review application was heard by another bench and hence bench needs to be reconstituted".This means that The administrative member who has signed this order and was a part of that corum who heard my review petition all throughout seven hearings doesn't consider himself to be a part of that bench at all.
The rule is very clear with regard to review petitions.A bench has to be reconstituted only when both the members of the original division bench cease to exist.the admistrative member who heard and was part of the corum how can he totally exclude himself from the review proceedings.
all legal experts kindly comment on my analysis and specially on the aspect of administrative members functional and legal power to pass any order on my review petition without reconstituting the bench further.