mahesh
23 May 2015 at 14:49
Good Morning sir,
My father is working as a BUS driver in RTC. One day while he was driving at palamaneru, a small accident occurred due to negligance driving by BIKE driver. Later my father went to police station to file a complaint against him. But the police told that, when an accident occured between bus and scooter, case will be filed against only on bus driver, due to heavy vechicle when compared to bike.
Like wise they filed a case against my father as per section 137 & 138. Some other person given a suggestion that, if you went for arguing with court, it take some years to close the case. Instead of that if you pay fine in court, they will close the case at now itself.
By there suggestions my father paid fine of Rs.1900 in Magistrate of first class, palamaneru and closed the case. Know, the opposite person (BIKE driver) went to court for claiming insurance on BUS.
Accident occurred on 15.04.2014
Fine paid on 08.10.2014
Bike driver went for court to claim insurance on bus on 01.05.2015
Nearly One year completed on happening of Accident. Plz suggest me how should i move further?
MY FATHER NOT COMMITED ANY MISTAKE WHILE DRIVING. INSTEAD OF ROTATING AROUND THE COURT FOR MANY YEARS, MY FATHER PAID FINE. THATS ALL.
PLZ PLZ PLZ HELP ME HOW SHOULD WE MOVE FURTHER....
Sashi Kumar
23 May 2015 at 05:00
A Plaintiff (second party) filed suit for money recovery. The notice filed in court has one of the clause of the sale agreement altered. Below is the original clause & the altered clause by the plaintiff.
HERE IS THE ORIGINAL CLAUSE FROM THE SALE AGREEMENT:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party.
HERE IS THE SAME CLAUSE MENTIONED IN THE COURT NOTICE - SEE LAST LINE WHICH WAS ADDED BY PLAINTIFF:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party. The second party shall have right to Specific performance through court of law.
Can this be used against the plaintiff for misguiding the court and defrauding the defendant?
Is this considered as criminal act?
How can we use this against the plaintiff.
RAJENDRA RANE
22 May 2015 at 17:54
One of our member has bought a part of the neighbouring / adjacent flat ( living room ) in 1985 . He then obtained a letter form BMC to allow him to close door of adjacent flat and open the door from his living room to living room of neighbouring flat. This letter says the permission is given without prejudice. However there is no permission from society and he has not submitted the modified building plan duly prepared by panel architect and approved by BMC. He however broke the part of the wall between two living rooms which is bigger than the normal door . He is asking society to regularise this merger . Society is insisting on the approved modified plan from him and he is not submitting the same . He has made a complaint to collector of Mumbai saying by not allowing him the total area we are harassing him . How the society can give approval without the proper paperwork . Please advise whether society is right in asking approved modified building plan showing the merger before taking decision of approving the new area inclusive of the part of neighbouring flat .
Nikhil
22 May 2015 at 15:44
I have supplied for almost 4 years certain material to one of the firm (properitor) but the firm now have started defaulting in making mayment.
I have undated cheque of only Rs 4lacs against the total recovery of Rs 20 lacs.
What is the legal remedy for the same.
The Firm is run by the dad but the signatory is the son, and the son is only for signature, and he is not even aware of this defaults.
Against whom the legal remedy is avaliable.
george
22 May 2015 at 12:25
Sirs,
A sale deed instead of Mortgage deed was obtained from my mother by fraud. The actual land area 4500 SF and House area 850 SF.In the sale deed the buyer dishonestly valued 150 Sq feet only in the valuation column and stamp duty is also paid for the 150 Sq.feet area house only .whereas he has valued and paid stamp duty for 4500 SF. i.e 100000 for 150 SF House and 25000 for 4500 SF. He gave 125000 only for mortgage loan. Actual value of the house is 1500000/- (Value of House building only). The house was never intended by my mother for sale.whether the deed can be challenged in court under undue influence under Sec 16 (3) of Indian Contract Act. Because he has cheated by executing sale deed.Sale deed can not be cancelled. Hence Whether the above transaction can be taken as unconscionable transaction or fraud. to make the entire deed as void.
Yash
22 May 2015 at 12:08
Pls advise. Ep filed in court. DH was unable to provide list if affidavits alongwith affidavit. Now they are able to find where i am working. Below is the help in understanding.
" Another application for attachment of salary of jdno. 1 has been filed. It is stated that jd is working as ' my designation with company address'. Warrant of attachment of salary of jd1 be issued for 8.7.2015. Pl help asap
priyadevsreemanglam
22 May 2015 at 09:39
I had booked a flat in Karjat in Jan 2012 and possession date was given July 2012. However, I have not received possession till date. Have paid 95% amount to the builder. The builder had delayed the project and built sub-standard buildings which has degraded over the time. He had encroached on land of Sarpanch and has settled the matter by offering money and flat to him and giving this reason for the delay.
I have filed Consumer Case at Alibag under Section 12 of Consumer Protection Act along with few other members (8 members). I would like to know the following:
1. What legal actions can we take against the builder other than consumer case ?
2. The project was approved by the town planning Raigarh District. Can we inform the authority of this encroachment ? Can they take action against the builder ?
3. SBI Bank has given approval for this project and few members have taken loans and booked the flat. Can they take any legal action ?
4. Few members who are investors are with the builder and trying to form society and seeking money for forming the society. I had objected to the formation of society and sent letters to society registration office. Can we take any other steps to stop forming of society by other members?
Harsh
22 May 2015 at 00:50
Suppose First appeal by Insurance company in MACT compenstaion case was dismissed by high court. Then If Insurance filled application for restoration of appeal. Can anyone please explain what is that and under which section it can be filed? what could be consequances?
As Already insurance company mentioned his side and say in first appeal and it is dismissed? So what does specifically filed in general in Restoration appeal? Is it diffrent from what they said in First Appeal? Please Elaborate?
VINOD BHATI
21 May 2015 at 19:27
Once upon a time in 2008, I had applied form for a loan through private agent(he well known by my father and mother.) for home loan, given him a form with one signed blank cheque but due to not aligilaibilty of loan that has not passed as well not taken loan. After some (one year) agent filled the cheque for six lakhs and summit in bank for claim but less balance, cheque bounce, after that he put court case on for six lakhs, know due to carelessness by my advocate ( he allow his learning advocate to attend case as proxy) . A result, I lost the case.
As stamp paper( Rs. 50/- , No. JRS 31762) mentioned in case is purchased in 2008 or 2009, now I want to know the following:
1 Stamp paper purchased by whom or in whose name?
2 attested by which notary and where?
Sir, I request you to help me by send this answer by
email Id vinod1974bhati{at}gmail{dot}com
I well be so thankful to you
Thankyou
vinodbhati
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