MOHAMMED AHMED
28 April 2023 at 19:22
My prayer goes like this:
Based on the comprehensive response provided in Petitioner’s earlier statement to this OA, it is evident that there are numerous contested facts in this case. It is important to note that the very nature of this OA suggests fraudulent collaboration between the 1st Respondent/Applicant Bank and the 2nd Respondent/ 3rd Defendant Builder. The truth behind their actions became apparent during the Cross Examination of the PW1. It is crucial to acknowledge that the property in question has been unlawfully fortified by the 1st Respondent/Applicant Bnak, in collusion with the 2nd Respondent/3rd Defendant Builder. Their primary objective appears to be prolonging and creating legal disputes with the intent of pressuring the Petitioners into relinquishing their rights to the property.
5. The 1st Respondent/Applicant Bank illegally seized the property in August 2009 without following the appropriate legal procedures. The present OA was filed by the 1st Respondent/Applicant Bank in October 2011. Despite more than a decade has passed since the OA was filed, the status of the property remains unclear. Furthermore, the KG Marina Owners Association is not granting the Petitioners access to the area of the flat in the apartment, which has led to the Petitioner harboring doubts that the property may have already been liquidated.
6. It is therefore just and necessary in the principles of Natural Justice for this Hon’ble Tribunal to kindly permit the Petitioners/Defendants 1&2 in this case to undertake the following actions:
a) Appoint a commissioner to verify and ascertain the status of
the flat at xxxxxxxx, within the apartment premises.
b) Determine the name, address, and identity of the individual who
collected the original Sale Deed No:xxxxxxx from the records of
the Sub-Registrar Office (SRO).
c) Assess the present value of the flat through an Authorized
Government Valuer to determine its current worth.
These requests are vital to ensure a fair and just resolution of this case, adhering to the principles of Natural Justice.
Please guide can I file this IA in DRT
Anonymous
28 April 2023 at 11:48
In a case, The defendant was ordered by the court to pay a rent of Rs 30K to the petitioner, and on default, contempt proceedings can be initiated by the Petitioner. Now for the last 5 years, the defendant paid the rent to the petitioner. Now defendant died. As per the decree, the petitioner has a right to file contempt proceedings against the defendant. But the defendant is deceased. Can the petitioner file this suit against the legal heir of the defendant?
Now, if the petitioner files the suit, does he need to move an application for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE?
I am confused by the fact that 1) No suit can be filed against a dead man 2) If we add a legal heir then does the application need to be filed for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE - What I Understand is Order XXII is applicable when a party dies during the pendency of the suit. But in this case, the suit is disposed of, however, the defendant in his death is violating the order of the court and the contempt suit that which the petitioner is willing to file is not an ongoing suit. It is a fresh suit.
Anonymous
27 April 2023 at 17:11
I have availed a car loan from a bank and have a legal agreement in place wherein the dealer shall deliver the vehicle. Since there was a waiting period for the car, the bank has credited the dealer prior to the delivery during the waiting period. Subsequently, the car company cancelled the dealership of the dealer and now the dealer has shut down his showroom. The bank is now following up on the EMIs wherein i did not receive the delivery of the vehicle. It may also be noted that the dealer was acting as a channel partner with the bank and as per the agreement between the bank and the dealer, in case of non delivery of vehicle on disbursement, the bank has the right to receive the amount disbursed or adjust the same from any future payments to be made by the bank to the dealer (channel partner).
When the bank should have collected the money from the dealer , can it force me to collect the loan amount when the same was disbursed directly into the account of the dealer (channel partner of the bank). ?
Anonymous
26 April 2023 at 16:54
We have Taken Cloud Services From a Company, in the month of july 22. But We had Requested Cancellation of the same on 7th Nov. 2022. Since Then we have not availed their services, Thee Company Has Raised Invoice to Us For the Month of Nov & 31st DEC. 22
Now They have send us a legal notice asking for Payment on Invoice For Services which we have not Taken From them,
What is the legal course of Action i should take.
Anonymous
25 April 2023 at 22:18
Can the terms & conditions of a registered rent agreement be modified orally or is it necessary to get the "modified deed" registered too?
Anonymous
25 April 2023 at 22:15
Is there any strict time limit for filing of rejoinder to reply filed by defendant as per provisions of CPC?
Anonymous
25 April 2023 at 19:24
During live in relation ( five years ) with my partner, on good faith I have lent him money on verbal promise to return. With the money he has purchased a property in his name at very good location for business purpose, so that he make money double within few years.
I have filed a money suit in competent court against him since refused to return my money & repeatedly try to ousting me from possession by force with muscle power.
Is live in relation for five years can we treat as spouse ? I have heated Supreme Court had considered long time live in partners as married.
I have heard as per Benami Property Act spouce is never been considered as benamider.
Can I file declaration suit for the property in my procession considering our relationship as spouse ??
I am helpless lady, please advise.
Ashesh Singh
25 April 2023 at 15:44
As per the terms & conditions of the registered rent agreement the commercial property was given for a period of 9 years with clause of increase in rent @7.5% after completion of every 3rd year. The tenant started being irregular in making rent payments & used to pay as per his will, sometimes after a gap of 3 months and sometimes even more and that too for that particular month only for which in the fourth year for two months he has even paid the revised rent. just after a few months and then and the suit for eviction was filed on the grounds of default & recovery of rent (increased rent too). Now my query is two-fold:
1. As the tenant was irregular in rent payments and when he used to pay then also the rent amount paid was for that particular month only, now if the tenant pays for the first two months and then in the seventh month he deposits monthly rent amount for that month only then is the landlord entitled to adjust the amount so paid towards arrears of rent? and if yes, then if he pays the revised monthly rent amount in the same irregular manner in the 3rd & 5th months then can the amount be adjusted in the same manner and the cause of action with respect to default in payment for 4 consecutive months be said to have arisen in the sixth month?
2. Upon filing of suit before the rent tribunal the tenant in his reply contends that due to covid period it was "orally" agreed that the rent will not be increased and will be the same as per the first 3 years, though as i referred earlier that tenant in the fourth year has even paid the revised rent twice. Can such a modification in a registered rent agreement be made 'orally' only or a 'modification deed' is also required to be registered for the same.
I am appearing on behalf of the Landlord & fairly new practitioner. So, any and as much guidance and insights from most esteemed legal experts in the area will be of great help and much appreciated. If any other things expert would like me to be careful about or check for that i might not have asked in my specific queries but by the context of these, they might find very relevant then i kindly oblige me by letting know of them.
Regards
Ashesh Singh
sachin
25 April 2023 at 00:11
Consumer Fourum Insurance matter
1. I purchased a health insurance policy of one of the renowned health insurance company, through the Policy Bazar website. The said Policy was a health insurance family policy and all the members of the family were covered. I was provided with the policy document as an attachment document, however, some of the hidden terms & conditions, other supporting documents etc were provided as a hyperlink in the mail that i couldn't see as i read the policy document that was attached.
2. These Hidden Terms and Conditions, supporting documents, and necessary information provided in Hyperlink / Website link may be altered by the company at its sole discretion later as and when desired. The email of Policy Confirmation Letter contains the Policy Document containing 14 pages along with that contains 9 Hyperlinks, website link, Mobile App Link for Android / IOS and Whatsapp Link etc for searching and finding necessary information, supporting documents and Terms and conditions.
3. This means, that even if the insurance contract has been entered into, the insurance company can change its terms and conditions at any point of time.
It is indicative of the active concealment of the facts that company wants to keep hidden from customers and may lead to promote the fraudulent intent of the companies and will help to rely them on the extraneous document that was never shown to customer at the time of Purchasing policy.
Hence, referring website/ webpages/ Links etc cannot be considered a perfect and authentic legal document to be considered as a part of policy Terms and conditions in any court of Law.
4. Insurance companies are misusing these hyperlinks/ websitelinks as a shield to deny the genuine insurance claims of the insured persons, based on terms and conditions which were changed after the insurance contract was legally formed.
5. Kindly suggest a further course of action or some experienced Lawyer who have handled such/ similar case
Regards
Sachin
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Criminal tresspass of my property
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