Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

koustubh bhide   04 October 2016 at 22:04

Secondary evidence

I have one query... I am from defendent side. I appered in the matter at evidence stage. Previously lawyer was different. I am giving notice of advocate which is send to plaintiff by previous lawyer. But i dont have origional notice. Hence i am submitting xerox copy of previous advocate notice xerox copy in court as a evidence. My client is saying that origional copy of notice is with his previous lawyer and he is not providing it to him.
So my quary is whether i can say to the court that my xerox copy be treated as a secondary evidence. And it may be exhibit ed. Can court permit me ?

asif   04 October 2016 at 22:01

Kindly advise should i purchase land or not based on below memo

Dear all

I wanted to purchase one land in RR district Telengana state.

I came to know that the this land is in PT Records. so I asked a certified copy of record from MRO and they issued MEMO containing the following . Can you please check and advise me should I purchased this land or not

MEMO

the request of the petitioner has been examined with reference to the scanned PT register available in this office and certified copy of the WASOOL BAQUI vide reference 2nd cited issued by the inspector survery and land records ranga reddy district and details are as under.

1. sy.no. 8 & 9 of venkatapure village are found in the PT register.

2. On verification of the WASSOL BAQUI vide reference 2nd cited it is found that sy.no. 8 and 9 are the new survey numbers halaya no corresponding to mazi no(old) sy.no. 6 & 7 of venkatepur thus with reference to wasool baqui vide reference 2nd cited sy.no. 8 and 9 new are not found in the available scanned copy of the pt register of this office hence informed.

kindly advise

Tapen dave   04 October 2016 at 17:37

Co operative society

1) Issue
Transfer of flats to joint owners vide sale deed
The committee has allowed by way of NOC issued in the first holders name, for the transfer of the flat can be taken place, but they deny having made an entry in the share certificate.
Is the transfer valid .Also the registered document is in the name of the joint owners,where one of the joint holders will be a nonmember
Are the transfers valid without obtaining the collectors approval as per the terms and conditions of the collectors land laid down .Is the decision of the Managing committee valid to give the noc in the name of the 1st Holder ,even though the registered document is in the name of the joint holder.
Also we were planning that through a gift deed my mother,can make my father and us as joint owners . Can it be done based without the collectors permission or the collectors permission.Is the collectors permission a must in the case of gift deeds .
The terms and conditions of the collectors land are as under
1) That the society or any member shall not sell or any way transfer by mortgage lease etc. any plot or block out of the land to any other person other than a member of a society or let or give on leave and license bases any tenement, block or flat out of the land to any other person than member without obtaining previous written approval of the additional collector, Bombay suburban district. The additional collector, Bombay suburban district shall have the right of first refusal, whenever any tenement blocks or flat is to be let out or to be given on leave and license basis and to nominate government servants for the purpose. The additional collector shall exercise the right of first refusal within 30 days of the receipt of intimation from the society or its members.
2) That the society shall not enroll any additional member/members/or substitute any member in place of those approved by the government, except with previous written approval of the government.

3) Also the committee was restricting me from the verifying the documents for the transfer of the flat,on the condition that the flat owner be present during the verification .
Can they restrict a member from the verification of the documents. My opinion was that they cannot deny the verification and also cannot insist on the presence of the person whose flats papers I am inspecting Is my stand correct .
what do you advice on the above matter.

Also as per the old byelaws: Associate membership means a member who holds jointly a share of a society with others, but whose name does not appear first on the share certificate
Earlier we used to have associate members who used to attend the meeting / vote and become managing committee members by mere entry in the share certificate and filling the requisite NOC from the original member. No collector permission was taken for the same. Was it required as per the above conditions.

Anupam   04 October 2016 at 12:17

SUIT FOR DEFMATION

GOOD MORNING
BEING THE FACR THAT I AM JUNIOR IN THIS ADVOCACY WORLD AND PRACTICING IN HIGH COURT
COULD ANYONE HELP ME OUT BY GIVING DETALED EXPLANATION OF MY QUERY REGARDING SUIT FOR DEFMATION.

I WANA KNOW THAT
IF WE HAVE TO FILE SUIT FOR DEFAMATION IN HIGH COURT THEN IS THERE ANY RESTRICTION REGARDING VALUATION OF THE SUIT.
LIKE ABOVE 30 000 COULD BE CLAIMED IN HIGH COURT .
AND I WANA KNOW WHAT WOULD BE THE COURT FEE TO FILE SUIT FOR DEFAMATION IN COURT.

CASE IS LIKE THIS
SOMEONE ADVERTISED AGAIST MY CLIENT OVER NEWSPAPER AGAIN AND AGAIN AND DEFAMED HIM
PLEASE HELP ME OUT

Anupam   04 October 2016 at 12:12

SUIT FOR DEFMATION

GOOD MORNING
BEING THE FACR THAT I AM JUNIOR IN THIS ADVOCACY WORLD AND PRACTICING IN HIGH COURT
COULD ANYONE HELP ME OUT BY GIVING DETALED EXPLANATION OF MY QUERY REGARDING SUIT FOR DEFMATION.

I WANA KNOW THAT
IF WE HAVE TO FILE SUIT FOR DEFAMATION IN HIGH COURT THEN IS THERE ANY RESTRICTION REGARDING VALUATION OF THE SUIT.
LIKE ABOVE 30 000 COULD BE CLAIMED IN HIGH COURT .
AND I WANA KNOW WHAT WOULD BE THE COURT FEE TO FILE SUIT FOR DEFAMATION IN COURT.

CASE IS LIKE THIS
SOMEONE ADVERTISED AGAIST MY CLIENT OVER NEWSPAPER AGAIN AND AGAIN AND DEFAMED HIM
PLEASE HELP ME OUT

Mendon   04 October 2016 at 11:52

Imlamalak -rights in fathers property

Hi....I am a married women, having 5 brothers…My father was a Imlamalak in one huge property, but there was no agreement / property card mentioned that he was an Imlamalak. Staying in same place before marriage. After one years of marriage my father died ,leaving no will . My 5 brothers constructed chawls and galas in that land where my father was Imlamalak without the consent of owner and neither the owner came back. The chawls were given on pagadi system and galas were sold. In this no share was given to me i.e being a Sister ..From that sold property they purchased another property in their own name i.e 5 brothers . I being a sister has no rights in the property where my father was Imlamalak ? The property which they purchased in their own name by selling fathers acquired property. Brother has no other source of income ..there are enjoying the rights in both the property,,In Fathers property they are taking rent and other property they are also enjoying the rights .

Does a married women has right to claim the fathers property and the property which they hav purchased i.e new property ? Please guide what needs to be done. Being a sister , what evidence can I give to the court if am filing suit against them ?


Thanking you in anticipation

sunil singhani   04 October 2016 at 08:13

Brother got arrested

Brother started a business in name of wife with all his principal amount with 4 other partners including the brother in law. As my sister in law moved for studies to bombay brother got the power attorney from her she is claming that my brother miss used the powers and never shared the profits and made the fraud signatures and all other allegations she put and filled a fir of 420 ....since now the business is in loss and closed brother in law and wife has filled an fir against my brother and with some heavy resources they have got him arrested and they are looking for the to create the mental harassment by putting pressure for police custody....we have other documents including the bank statements where initially principal funds were transferred.....i am looking for the bail today but as per all discussion everyone saying police may ask for 2 days police custody and then can present the file in court.
Please advise how do i approach and get my brother bail as today is 4 October and if police takes two days more custody then matter will go on 6 th and from 7 there are lot of holidays.

Please advise and help.....

Santosh Kale   04 October 2016 at 08:10

Can society form building wise

Dear Sir,
Our builder have given possession of 5 buildings in one phase before 2 years without giving OC/CC. One of the building D having flat owners who supports builder & wanted to form one society of 5 building.
But we want to get OC/CC first & then to form one society of 4 buildings- A, B, C & E having good flat owners.
Pl advice how we can collect OC/CC from the builder & can we form separate society.
With regards,
Santosh,
Thane Rural, Maharashtra.

hitesh daswani   04 October 2016 at 02:04

Suit to tenant

In 2008 my father lend a shop for 6000 per month rent. In 2011 tenant refused to vacant the property then my father filed a case against him now case is in "Argument in preliminary issue" stage (as per national data grid) so now how much time it will take for judgement.
Thank you

jayantha   03 October 2016 at 21:00

right on ancestral property of my sister

We hindhu,my father got property in 1968 by registerd partition deed,all properties are ancestral,my father passed away in year 1990,after that propeeties mutated in name of my mother,my doubt is,
1)does my sister have right on this property?
2)does she able to file suit to get her partition?