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P. Venu   10 October 2015 at 20:59

Deleting private respondents

In an Original Application filed in Central Administrative Tribunal against the adverse entries made in the Annual Performance Assessment Reports (APAR), the Reporting Officer and the Officer who had disposed of the representation against the entries have been made private respondents because of specific pleading of malice against them. The Official respondents as well as the one among the private respondent have filed the written statements through the same Government counsel. The other private respondent has also filed the written statement through the same counsel, but the same has been returned because of some defects.

In the meanwhile, there has been a change in the Government counsel. He has now moved a Miscellaneous Application (MA) on behalf of the Official respondents to delete the private respondents; no copies have been served on them nor have they have given any no objection.

Is such a course of action permissible and the MA maintainable? The learned experts are requested to suggest their valuable suggestions/opinions.

Anonymous   10 October 2015 at 17:50

APARTMENT maintaince not paid by 2 members

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Regarding APARTMENT maintaince charge could not be collectedTotal Replies : 0

by��Ramachandran Sundaram��on��13 September 2015

We live in an Apartment having 15 flats with 4 floors. The apartment was built in 2013 and the builder has not formed the Association and simply handed over the keys to all purchasers by convening a meeting then. Later all the owners convened a meeting to collect Rs.800/ pm per house apart from yearly maintaince of Rs.1000/ per house per year for lift. An association was formed without registered by selecting the The President, Secretary, and a Treasurer. Within 6 months the Secretary collide along with the Treasurer (both purchased the opposite house) in the 1st Floor dominated the entire Apartment without consulting the President and other members. They took other parking areas and giving disturbance to others.So we other member could not change their mood. SO, One of the owners from 1st floor had could not park his Maruti Desire car and fought and finally sold his house and gone. Then the 2 secretary and treasure acted as the were the entire Apartment owners. For every smooth talk if we approach, they started scolding others along with others. Finally, last year, We other 13 owners jointly fought with them and took all the keys of the apartment like lift, generator, gate etc..Then for maintaince they have not given the full amt of Rs.800.00 They used to give Rs.600/ only p.m for watchman, common EB. They stopped giving the annual maintenance of Rs.1000/ per year for 2 year , But using the lift. Now from January 2015 we started the new association with New president ,Secretary And Treasurer. From then they are not giving the monthly maintaince also.Simplyenjoying all the ffacilities like Water, lift,common EB , common security ,etc. Ours is a not a registered association. A simply handwritten arrangement. Others13 apartment ppeople r good except the 2. If we approach for smooth talk they start fighting with all the other owners. They also not ready to be a members. Now it it is Rs.8000/ due from each of them totally Rs 16000/ due. Now 1) how we can start an welfare association.? How many members? What r the stamp reqd for making the document? Whether it should be registered? And where it sould be registered? Whether they had to be given notice or without making them, We can form the Association and bye laws may be passed.? Any possibility in cutting of water service ?This can be included in the bye laws before that? Then what are the legal remedy? Or Only suing power's to be obtained by Byelaws and can sue in court.? Model for an Apartment welfare association required. RAM / / / From Trichy Tamilnadu

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Regarding APARTMENT maintaince charge could not be collectedTotal Replies : 0

by��Ramachandran Sundaram��on��13 September 2015

We live in an Apartment having 15 flats with 4 floors. The apartment was built in 2013 and the builder has not formed the Association and simply handed over the keys to all purchasers by convening a meeting then. Later all the owners convened a meeting to collect Rs.800/ pm per house apart from yearly maintaince of Rs.1000/ per house per year for lift. An association was formed without registered by selecting the The President, Secretary, and a Treasurer. Within 6 months the Secretary collide along with the Treasurer (both purchased the opposite house) in the 1st Floor dominated the entire Apartment without consulting the President and other members. They took other parking areas and giving disturbance to others.So we other member could not change their mood. SO, One of the owners from 1st floor had could not park his Maruti Desire car and fought and finally sold his house and gone. Then the 2 secretary and treasure acted as the were the entire Apartment owners. For every smooth talk if we approach, they started scolding others along with others. Finally, last year, We other 13 owners jointly fought with them and took all the keys of the apartment like lift, generator, gate etc..Then for maintaince they have not given the full amt of Rs.800.00 They used to give Rs.600/ only p.m for watchman, common EB. They stopped giving the annual maintenance of Rs.1000/ per year for 2 year , But using the lift. Now from January 2015 we started the new association with New president ,Secretary And Treasurer. From then they are not giving the monthly maintaince also.Simplyenjoying all the ffacilities like Water, lift,common EB , common security ,etc. Ours is a not a registered association. A simply handwritten arrangement. Others13 apartment ppeople r good except the 2. If we approach for smooth talk they start fighting with all the other owners. They also not ready to be a members. Now it it is Rs.8000/ due from each of them totally Rs 16000/ due. Now 1) how we can start an welfare association.? How many members? What r the stamp reqd for making the document? Whether it should be registered? And where it sould be registered? Whether they had to be given notice or without making them, We can form the Association and bye laws may be passed.? Any possibility in cutting of water service ?This can be included in the bye laws before that? Then what are the legal remedy? Or Only suing power's to be obtained by Byelaws and can sue in court.? Model for an Apartment welfare association required. RAM / / / From Trichy Tamilnadu

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raman duggal   10 October 2015 at 16:03

Stay on construction by disowned sons wife

DDA Property was joint on the name of my mother and father. After fathers death share of property was equally divided in the name of mother andtwo sons. Elder married son
Relinquished his share in the name of brother. Two years after that mother disowned his elder son and was given posession of property by court. My question is whether elders sons wife can put a stay on any construction or renting or selling of this property claiming that i was fraudently evicted from home as i wz nt the party in the suit of posession.?

Shri Krishna   10 October 2015 at 14:08

Others

A person has taken a personal loan from bank and after paying few instalments, person was not able to pay the remaining instalments due to heavy loss in her other transaction. Person is currently jobless due to sickness. Bank filed a suit for recovery of debt and obtained a decree of movable attachment. The person is not doing any job and residing in parents house and depending on parents. The house where person is residing is on her parents name. All the belongings in the house belongs to her parents. Can court attach movable property of her parents as she is residing in parents house. This is the same address which is mentioned in bank records. What are the alternatives in case if person wants to repay the loan in instalments. Can a person ask for time from the court that loan can be repayed in instalments after getting a job.

pushpakrishna   10 October 2015 at 13:53

execution petition

Dear experts
A filed a suit for recovery of money and got degree in favor of him.later he died .now his wife wants to file an execution petition along with her sons as his legal heir aganist the JDR.can we file an execution petition aganist the JDR along with an affidavit stating the facts along with legal heir certificate issued by the TAHASILDAR or we have to brought on record the LRs before filing an execution petition in the court.kindly give suitable advice on this.thanq experts in advance.

monty lamba   10 October 2015 at 12:33

Stage of u/o 7 rule 11 cpc filling.

Dear Sir,
मैं एक डिफेंडंट हुँ, अगर WS फाइल कर दिया गया हो, U / O 39 RULE 1 & 2 PLAINT का DISMISSED हो गया है, ग्राउंड ऑफ़ plaintiff has failed to prove that there is a prima facie case in favour of the plaintiff. क्या मैं U / O 7 RULE 11 CPC के तहत APPLICATION लगा सकता हुँ the ground of
1 . non-joinder of the necessary parties as the plaintiff has not made the other legal heirs
2 the Application U/o XXXIX Rule 1 & 2 CPC. and failed to prove that there is a prima facie case in His favour
3 the plaintiff has not correctly described the status towards the possession over the suit property.

nivas   10 October 2015 at 09:30

Accident sec 337

sir i met with an accident on 29 aug 2015.my car hit the lorry back tyres. Major damage happened to my car and heavy bleeding from my wife's forehead.Treatment was carried out by myself no one helped me.FIR was filed against lorry driver under sec 337.after 30 days lorry owner called me asking me money for his lorry damage as insurance claim is failed.In this police is helping that lorry owner.

in this case what could be the consequences and is there a possibility of filing FIR against me

rajan chopra   10 October 2015 at 08:11

suit For Recovery

Sir as I am going to file a summary suit for recovery of money on the basis of bounced cheques.I have come to know that the proposed defendant is going to sell his property as soon as possible.Now with the filing of summary suit what is the option with me to prevent the proposed defendant from creating any third party interest on his property till final disposal of my suit ? As if the property is disposed of then there will be no use of filing case.

Chandravir Yadav   10 October 2015 at 08:10

Filling a case on hospital for neglegence surgery

How can I file a case against hospital for neglegence surgery and foreign object left behind in body. It was removed after a year by another hospital. Inspite of visiting hospital frequently for injury recovery issue.
Is it possible to get compensation in India. We had already spent 12-14 lac on hospital expenses.
Hope you suggest on this?

Satpal Singh Tanwar   09 October 2015 at 23:51

cheque bounced

sir i invested 10 lacs with one of my known with 1 year time limit with agrement on 100 rs stamp paper. he issued me a cheque of 1280000. when I present these cheques it got bounced. he assure me to pay money but every time he gave me a new date i have recording for this in my phone. now its more than 2 years time but no money received from him. even now he is not picking up my phone. I borrow that money from my friends n relatives now they are forcing to pay me that money. plz let me know how can i get that money. i have agreement copy,bounced cheque and recording of conversation with him. plz help me i m also mently disturbed since last 2 years. my mob no is 9560854949.