Manmeet
18 August 2015 at 12:20
Can the society realign the parking that was allotted and sold by the builder prior to OC. Now that the OC is received, can the society realign the parking by moving it a bit so that there is more space for parking. Also if any member is unwilling to realign his parking can the society take a stand. What does the law say on this ?
Bhartiya No. 1
17 August 2015 at 23:44
Sir,
After winning the Title suit of a land, the plaintiff filed for execution in Sub Judge Court in 2009. In April 2013 the court dismissed the execution case without informing the lawyer, by citing the reason that the decree holder is not doing enough for gazette publication since the judgment debtors had not received the summons. Decree holder came to know this in 2015 since the file was missing from office and was searched. Now what should the decree holders do for restoration of the execution case. The defendants, who had lost the suit, preferred an appeal before District Judge which too is recently dismissed.
Thanking You,
Anonymous
17 August 2015 at 23:22
I live in co. Opp. Housing society in mumbai. I have a query abt collection of property tax by bmc.
BMC collects yearly property tax from member of the society. Which is payable with deadline per semester. (50% Amount in 1st half - March To September & 50% Amount in 2nd half).
Also we can pay whole amount one time. After deadline crossed BMC charges 2% Per Month as a fine.
Our co. Opp. Society has combine account at BMC for property tax. Society pays it alltogether.
Society collects 'X' amount of Maintence Charge. Which is payable Monthly. (this amt is to be paid within 20 Days after that 10% Fine as per Rule set by AGM)
All the members pay this 'X' Amount on monthly basis.
One more Addition into this. Few members has 'Y' Amount of Extra property tax for using additional area). Which is payable once in a year and is a part of property tax to BMC.
Collection of 'X' amount And 'Y' Amount is taken place seperatly (X - Monthly & Y - once in a Year)
There is no Rule or provision set by AGM which can say that 'Y' Amount is to be paid within a fixed period nor fine is decided on 'Y' Amount.
Only a notification that Y amount is taken once in a year. No mention of deadline or fine if society pays it in advance
Now. While paying property tax Society can pay All the tax till september without any fine charged by BMC.
Here in my case,
I pay X+Y amount to society. I am regular tax payer of the society.
This time Society paid property tax in month of June. ( BMC drws property tax bill at 31 May)
I had not paid 'Y' Amount in June. (As per Rule set by BMC deadline is not yet crossed )
But Society asked to pay this 'Y' Amount within 20 Days with X Amount. ( This deadline is actually set for only 'X' - Amount)
I paid X amount. And asked query abt Y amount in written letter.
Society replied that Your query will be answered in coming Meeting. So I decided to wait for meeting & Dint pay Y amount in month of June.
Then society paid property tax to BMC in june itself and charged me fine on Y amount.
I asked managing commitee ( In written) that On what basis, they charged me fine as my query is pending with them and deadline is far away.
Society replied. "We are not paid workers of society. We can pay the tax as per our convenience. We have paid the tax early and your amount is bear by society. You did not paid this amount that is why we are charging you fine"
I asked them abt provision decided by AGM to collect fine on Y amount.
Managing commitee failed to show me provision ( fact is there is no such provision By AGM for Y amount)
After this debate happened. Commitee replied. X amount also has property tax included and extra property tax (i.e.Y amount) is part of it. And U have to pay a fine.
I raised a query again... Policy of Collection of X amount & Y amount is different. X amount collection takes place for a year On monthly basis. And for Y amount its once in a year.so how can you say that provision/ Rule set for X - Amount is also applied to Y amount.
Few selective members pay Y amount of extra tax & X amount. N other members pay tax which is part of X amount. If society can bear tax included in X amount while paying it in month of June then why they charged fine only on Y amount??
Commitee neither waited for deadline given by BMC nor created new deadline to collect Y amount.
What should i do??
I also tried to raised this in a general meeting but commitee did not make a solution on fine. And asking me to pay the fine.
Note - BMC deadline for paying tax is still on and also fine they charged is not relevant to BMC rule.
solution
17 August 2015 at 23:09
It is a registered Partnership Deed,having Non registered Dissolution Deed,not implemented upon. Power of Attorney holder continued business for 13 years given by all partners. What is the Authenticity of the Non Registered Dissolution Deed.
1. Issued No Public Notice
2. Not given Gazette
3. No Intimation in writing to partners about Dissolving of the Partnership.
parimal asodiya
17 August 2015 at 14:26
Respected Sir Recently i got gov job in gujarat highcourt as an assistant (junior clerk class 3 ) my joining date is 15/06/2015...and i also got 2nd job in agriculture department as a clerk.but still having some court matter i didint get order yet,now i want to join my court job back so can i join it back or not ? i had given resign on 27/06/2015. i got resignation conformation letter. so can i join my court job back is there any rules to join back it ???????? pls its urgent
sanjaysharma_16@yahoo.co.in
16 August 2015 at 21:00
Sir,
I have sundry Debtors for last 4 Four years but he does not give me my due amount.
Now, i want to give a notice from an Advocate can you give me a such format.
And what is the procedure for collection my due amount.
Please tell me in detail.
Thanking you
niranjan
16 August 2015 at 19:48
Can learned friend give citation on this point?
Bhika Reghiwale
16 August 2015 at 19:44
A
Some powers of Civil Court,to decide loan cases, are given to Registrars of the cooperative deptt. ,vide CPC 1908, Hence can we call those offices as a Court ?.
Danny
16 August 2015 at 16:12
Dear Sirs & madam
I am writing this mail with a lot of hope and concern. I request your expert opinion to deal with a situation what my parents are facing today.
We have a flat in Ghaziabad and my parents sold off this flat to a person who promised to pay the sale amount in 2 parts. First part was paid as cheque and he took possession by misleading my parents that he would give the rest of the money after sale of another property. My parents don't have any proof of this payment as he just persuaded them to sign the documents and register the flat first and the payment will come later.
I was totally unaware about this and when I knew about it, I intervened and then this person is giving me threats that he has put an FIR against my parents in Police station about cheating case on them.
Now as we don't have any proof of sale / any words that he said, I somehow managed to get my telephonic conversation recorded that he mentioned that he would pay the amount when he would want to. In this at least he is agreeing that he would return the money.
This has happened till last week. When I pressurized about payment, he is giving me threats that he would send my parents to Jail.
I need to ask, can this evidence of phone records / telephonic conversation can be proved as an evidence against him or not.
Kindly give your valuable opinion as ap.
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Application for Directions at the SC
I always see "Application For Directions" in the Causelists. Can anyone tell me what precisely is the purpose of these applications.
Are they directed at the Respondents or the Registry?
Are they about procedural directions or general directions?
My first query on this site. So please, don't let me down :)