BRIJESH L PATEL
11 April 2018 at 22:42
We are two brothers and one sister, elder brother Married and stays with his family in a rented house since fourteen years. My younger sister is married and stays with her in-laws. My self living in an apartment Flat with my family and my mother, my father died in year 2004. Flat is self acquired property documented in KABZA RASID with joint owners(Father and Mother). Our Society is non trading society. My elder brother met an accident and he is in unconscious state since 25/01/2018 till date. His wife is demanding for my brother's share in the flat. They(Brothers wife and his two sons ) have ran away and left my brother alone in the hospital since 01/03/2018. after that myself is looking after my brother in Hospital and payment of hospital is done by me.Pls guide me , is my mother single sole owner of the flat or all legal hier's share the flat. Our Society is demanding Release deed of all legal hier's , for transferring my name in Share certificate of my flat. My mother is insisting to transfer my name only in the share certificate of my flat. Is it possible. Pls guide
Anonymous
11 April 2018 at 13:00
can a society under societies registration act go bankrupt and which act will apply to sue the society when it goes bankrupt?
jains
11 April 2018 at 08:46
In a motor accident claim matter, the R1 registered owner was already transferred the vehicle before accident to some one. from subsequent owner R2 purchased it and while driven by him it met the accident. But the ownership was not changed to R2.Though notice of the matter was received to the R1, he did not appeared through counsel but informed the person who purchased the vehicle from him to settle the dispute. Instead of settling the issue he managed to file forged vakalath and written statement for the R1 . As R2 had no license to drive, the award is passed against the registered owner R1 and R2 driver. Now the R1 filed Review petition before the MACT court to review the award on following grounds.(1) The award is erroneous as it based on fake written statement and other documents. As R1 did not filed vakalath or written statement the award considering it's as R1's is not proper. it is apparent error on the face of the record. Is review can be allowed. Is any ruling fit to this situation. In the case of transferred vehicle registered owner is liable ?
Gourab
10 April 2018 at 20:15
Hello sir, Recently I am looking for a property to buy here in Kolkata.I will be the third owner.The actual owner of the property converted its garage space as an attached room as it was in the ground floor. More over,the owner mortgage this property for some credit loan to SBI. Eventually he falls to repay the loan and the flat was ceased by the bank. The second owner got the flat through E auction where in ragistration documents the property was shown divided in two parts .... One BHK and a garage. In the sanctioned plan the garage is still there. now I am buying this property . And I want to buy this with loan.So what will be the consequences as i have to write this garage converted room as garage in the registration document.Loan will be possible?? And I also want to know whether I can get permission for the conversion of garage to room. All the other papers are ok.Tax is paid till date.mutation in done.please help.ur suggestion is necessary.
Rashmi Ullal
10 April 2018 at 10:04
What is difference btw affidavit and affidavit in chief? to be give in consumer forum?
As there are allegations in the reply from opposite party. Should I file separate case in civil court for defamation against the opposite parties, as they have told that DVD is perfectly fine, but my eyes only are not good.
Full story here:
http://www.lawyersclubindia.com/experts/Should-i-file-evidence-by-way-of-affidavit-separate--677881.asp
vamsi
10 April 2018 at 09:48
Respected Advocates,
In one NI Act Case, i filed a suit on promissory note with attachment of the defendant property. court given the urgent notice and attached the defendant property. in mean time the defendant approached the court and given third party property as security and his property is removed from attachment. while the suit continues the defendant is sold his property. the suit is ordered in my favor. similarly i filed cheque bounce case against the defendant. due to this process the court issued nbw against the accused but he is not available for arrest. in this situation can i ask the court for attach the third party security which is attached in the promissory note suit under section 83 of cr.p.c. is it valid or not. what are the other remedies to claim the cheque amount. please advise me. thank you
Rashmi Ullal
09 April 2018 at 15:26
Following are the facts of the case:-
I had purchased a digital versatile disc of universal company of the movie avatar on amazon.in website. The amazon sent me a digital versatile disc of some unknown company. So I asked for a exchange. As the poster in the website is of universal company, but what I received was some local pirated DVD. I have written a mail asking for replacement and asking amazon to send the product which I ordered for. They told they will refund. But I do not want refund. I want the product which I ordered for.
Hence ultimately I approached consumer forum with a complaint.
The notice was issued to the opposite party i.e. amazon.in at their headquarters.
They have now filed their version where they stated all my allegations are false.
Now the judge told me to file affidavit. Evidence affidavit.
I want to know the following:
1. Should I file affidavit separate.
2. Should I file evidence by way of affidavit separate.
3. Should I file objections to the points the opposite party raised in their reply?
4. Should I file written arguments if the opposite party file written arguments? Or arguments can be made orally?
I am handling all this without advocate hence I want some guidance from here on. I will be thankful from the bottom of my heart to whoever gives me guidance in these matters.
4WhatIsRight
08 April 2018 at 23:54
Can the parties use word like "defendant has come to the court with unclean / soiled hands by presenting a false manufactured story" in affidavit of evidence in chief, even if they have substantial evidence to show.
What should be ideal language of an affidavit of evidence in chief?
Can someone upload any link to draft copy?
srinivasan J
08 April 2018 at 14:17
Sir i am a psu employee. A criminal trial filed by my employer under sec 420 7 years before. Later to my arrest and jail, nail. Employer started department al in quieres for the same subject matter covered under criminal suit and finally terminar es me from services in 2011. I am not aware of the company rules and however i wrote and approach es my employer to finalise my salary and allowances dues and provident fund so that I can vacate the company quarter. Till date nothing has been paid to me.
Now received a notice from employer for taking action against public property in authored occpants 1971 rule.
May i know my right in this can i ask the employer to first pay my salary dues, provident fund before vacating company quarter. Please help me with any previous judgement.
Srinivasan
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Preliminary and final decree for a disputed property
1. A sister and a brother have filed cross criminal cases on each other regarding their father's property.
2. Both of them are occupying a part of their now deceased father's property.
3. Both have now settled the matter and sister has agreed to pay a certain amount to brother and he shall hand over his premise to sister, provided all criminal cases on him are quashed.
4. Can both of them make a 'consent terms', wherein they agree to the following (i) each of them willl support the quashing of the other person's criminal case; (ii) thereafter the sister will pay the brother and he will hand over the premises.
5. Based on this process, can they follow these steps: (i) sister takes the 'preliminary decree' in her favour; (ii) both of them apply for quashing u/s 482 CrPC along with the 'preliminary decree' and their consent terms, (iii) after both cross criminal cases are quashed, the final decree is passed in favour of the sister, and (iv) brother vacates the premises.
6. Thanks.