KUNAL JAIN
16 June 2015 at 12:27
SIR
IF A BUILDER CHARGE INFRASTRUCTURE CHARGES IN BOOKING FORM IS THIS LEGALLT CORRECT CAN FUTURE LITIGATION CAN OCCUR , WHAT DOES THIS MEANS IN AGREEMENT
Y Singh N Rajput
16 June 2015 at 09:49
The petitioner appealed and the appeal got rejected by the district court as the principal case filed in the subordinate case was rejected a year back. (The court had issued a notice to his lawyer, he replied that he is no longer repressed the case). Now the petitioner has approached the lower court to condone delay of about 12 months. Whether his application is reasonable or the court would condone the delay?
Hardik Salat
16 June 2015 at 01:42
REQUEST TO ALL LAWYERS FOR ANSWER...
My Question is...
1. My Home is about 100 Years Old.
2. My Tenant is about 65 Years Old, who lives on the ground floor of my home.
3. The Principal Tenant to whom my grandfather was given my ground floor on rent before 65 years was died.
4. Presently, his widow and elder son is living in the other society of my city on rent since last 5 years.
5. His younger son, came to my ground floor who was previously living in other society as tenant with his wife and children. (He is vulgar/ previously also in imprisonment for theft case and half murder case)
6. Now due to my home is very old, it's ceiling needs repairing (made from wood) We denied because the rent is only Rs.75/-, he is also prevailing nuisance in my street by alcoholism, using bad words. besides he has not paid municipal corporation tax since last five years.
7. Last week, he has sent us a notice through lawyer, that under section 23 of the Gujarat Rent Control Act, landlord has to allow tenant for repairing and we have to pay all expenses.
8. Now, PLEASE SUGGEST WHAT WE CAN DO NOW. WE ALREADY FACING SO MANY PROBLEMS, BECAUSE WE DO NOT HAVE SPACE IN OUR HOME. WE WANT OUR HOME BACK FROM THE TENANT.
9. WHAT CAN I DO? CAN I REPLIED TO HIS NOTICE? IS IT VALID NOTICE?
10. IF HE START REPAIRING WITHOUT OUR PERMISSION, IS IT VALID?
REQUESTING ALL LAWYERS TO GUIDE ME, WHAT CAN I DO? I WANT MY HOME BACK..IT IS ALREADY UNDER HIS CAPTIVITY SINCE LAST 60 YEARS...
THANKS & REGARDS,
HARDIK SALAT
Abhishek
15 June 2015 at 21:28
We have a Cultural(non-religious) Trust Registered Under Bombay Public Trust Act in Karnataka from last 20 years, but that act has been quashed in Karnataka in 2014, in Maharashtar it is applicable as Maharashtar Public Trust act, now i need to know which act is now applicable for trust registered under Bombay Public Trust(BPT) act in Karnataka.
1) I enquired at the local Registrar's office and they said that we establish a new trust Under Indian trust act and mention in the preamble that we had formed trust under BPT act, Now i need to know how much this is correct? we are also applying for 80G benefits and FCRA but they need minimum 3 years of working before a new registration can apply.
2) If we make a new registration will we not loose these many years of existence?
Please give us some guidance.
Thank You
Abhishek Desai
S.ROHAN KRISHNA
15 June 2015 at 14:41
SIR,is there any bar if a suit filed for eviction of a tenant in a civil court for the below the amount mentioned in ap rent control act plz give me rply
thank-you
guddu
15 June 2015 at 14:20
I HAVE FILED CIVIL SUIT ON LAND DISPUTE FOR INTERIM INJUNCTION. MY DEFENDANT HAS ALSO MOVED AN APPLICATION FOR SOME INTERIM PRAYER WHICH IS COMPLETELY OPPOSITE TO MY PRAYER. LOWER COURT AFTER HEARING BOTH PARTIES WITH COMMON ORDER COURT ALLOWED MY APPLICATION WITH CERTAIN CONDITIONS. I HAVE APPEALED IN HIGHER COURT REGARDING THE CONDITION IMPOSED ON ME. LOWER COURT ORDER WAS CONFIRMED BY DIVISION BENCH OF HIGH COURT AFTER HEARING BOTH PARTIES. NOW MY DEFENDANT HAS MOVED AN APPLEATE COURT WITH DELAY IN CONDONATION APPLICATION WITH REVISION APPLICATION TO QUASH THE ORDER PASSED BY THE LOWER COURT. MY LAWYER HAS OBJECTED THE DELAY CONDONATION APPLICATION THAT MY OPPONENT WAS WELL AWARE ABOUT THE ORDER PASSED BY LOWER COURT AND HE WAS DEFENDING THAT ORDER TILL DIVISION BENCH OF HIGH COURT. ONCE DIVISION BENCH HAS CONFIRMED THE LOWER COURT ORDER, NOW IT IS NOT OPEN TO CHALLENGE VERY SAME ORDER IN APPEALATE COURT AND IT WILL OPERATE AS RES JUDICATA. APPELATE COURT ALLOWED DELAY CONDONATION APPLICATION AND PASSED THE ORDER THAT RES JUDICATA WILL BE CONSIDERED DURING REVISION APPLICAITON. IF APPEALTE COURT HELD DURING REVISION APPLICATION THAT RES JUDICATA WILL NOT OPERATE. DOES APPEALTE COURT HAS POWER TO OVER RULE THE DECISION OF LOWER COURT WHICH IS CONFIRMED UPTO THE DIVISION BENCH OF HIGH COURT. what to do now
jpurus
15 June 2015 at 13:43
3 Sons and 4 Daughters are the legal heirs of the property. Father has expired in 1990 and 3 Sons had changed the patta from father to their names in 2007, without the consent of 4 Daughters. In 2013, all the 4 daughters challenged against the patta in Tahsildar office and later RDO has cancelled the existing patta due to all the legal heirs were not included in the fathers patta property. Now the 3 sons went for appeal in District Revenue Officer office challenging the RDO verdict.
My question is…
1) What would be the legal proceedings thereafter? How to end their appeal.
2) How do the 4 daughters get immediate remedy from this and get their own partitions.
3) 4 daughters need Joint Patta as a priority? What is the process?
rahul
15 June 2015 at 13:17
Hi,
Respected Members,
Plaintiff is a financially weak person. He do not afford to pay to private lawyers & hence he asked for legal aid from state legal aid but they were taking time in providing legal aid & suit will have time barred & hence plaintiff filed suit in person.
Suit is against local authority. Authority has its own Act which states that before filling any suit against authority two months prior notice is required to give to the authority of intended suit.
Plaintiff was not aware of this provision of two months prior notice to the authority & hence plaintiff has not given two months statutory notice to authority under particular section of Authority Act.
But at the time of filling of suit plaintiff was under impression that authority is owned by State Government & all the officers of Authority are Government Servants & hence plaintiff has given two months prior notice to authority & its officers under section 80c of civil procedure code.
some officers of Authority has replied to the notice u/s 80c of cpc but did not told plaintiff that notice u/s 80c cpc is not applicable to them.
And after lapse of two months period plaintiff has filed suit in court & after issuing summons, Authority has filed Written Statement that plaintiff has not given two months pre - suit statutory notice to authority under particular section of Authority Act & hence suit be dismissed for non - compliance of mandatory provisions.
1. In this situation, Can court treat notice under 80c of cpc as notice under particular section of Authority by virtue of its powers u/s 151 of cpc ?
2. Whether Court will dismissed plaintiff suit on technical fault ?
Please Reply.
Thank you
sandeep rane
15 June 2015 at 12:47
Respected Membars,
Maharashtra- After section 9 insert the following section 9A.
“9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue:-
As per the above section, Can objection regarding limitation be treated as preliminary issue ?
Thank you.
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Right to movable / immovable assets
My father expired on 26.5.2015 and he has left an unregistered WILL which is attached herewith.
Kindly advise my rights to the property, both movable and immovable, as per the WILL.
What are the steps to be taken now?