jayesh
02 May 2015 at 12:49
Section 173 of MHADA ACT 1976 state that two months statutory notice is mandatory before instituting suit against MHADA which is a statutory authority. copy of section attached herewith.
Plaintiff has filed suit against MHADA & its officials by giving notice under section 80 CPC. Suit has filed in person by the Plaintiff.
Plaintiff was not aware of provisions section 173 & in good faith issued notices under section 80 CPC to thje MHADA & its officials.
After issuing summons to MHADA & its officials, objection has been taken that statutory notice under section 173 of MHADA Act is not served & suit be dissmissed because provisions of section 173 of MHADA Act is mandatory in nature ?
Is it possible to save plaintiffs suit from getting dissmissed ?
If suit get dissmissed then plaintiff can nopt institute fresh suit after giving notice u/s 173 because it will be barred by law of limitation.
What can be done to save platiffs suit from getting dissmissed.
Please reply.
Naga Anil Kumar
02 May 2015 at 11:29
Can any one help me with all charges are applicable in Ahmadabad, Gujarat, for getting an lease agreement registered..
What are the diff heads and what percentages ...stamp duty, registration fees etc.,
It is an lease of an office premises for 3 years, with security deposit and periodic escalation, if tenant is paying the property tax would charges apply on the same also...pls guide...
Siddhi Agarwal
02 May 2015 at 09:09
Can a landlord / developer sale / transfer the land to a third party after filing of consent terms in High Court without informing the court or parties in consent terms ?
kotaruraghu
01 May 2015 at 22:31
a Muslim family consisting of one son and 4 daughters and son without any intimation to the daughters created a sale deed that he has purchased the property from his mother and the said fact is came to knowledge to the daughters after 15 years. now the point is.
1. the daughters can file partition suit?
2. what is the impact of adverse possession in the above circumstances.
niky......
01 May 2015 at 17:05
I am defendant and Plaintiff has given evidence in court in month of March 20. During last hearing of court i.e April 28, I took a next hearing date as i am yet to finalize my new lawyer. Now the next hearing date i got is July 20.
Is it fine that almost after 90 days, my lawyer will take a cross examine?
Is there any time bound within which cross exam needs to happen after filing of evidence or it will be fine to wait till next hearing?
Thank you.
VINOD KUMAR JOSHI
01 May 2015 at 15:27
I have gven some amount to my landlord through cheques in favour of him & his family members. few years ago he was dies. Can I recover this amount from the landlord's wife ?
please reply. matter most urgent
rgds
pankaj
01 May 2015 at 15:01
One of my old friend is harassing me, sending me messages, calling up my other friends and talking shit about me everywhere.
Siddhi Agarwal
01 May 2015 at 14:40
As per BMC there is an outstanding arrears of Rs.5.5 Lacs up to year 2000 towards Property Tax (PT). Society claims to have paid the same in time but does not have proof of payment as bank do not have records for period beyond 10 yrs. A member is agitated and wants make payment of PT directly but the white color goons controling the society are not agreeing to this. Can the matter be taken up in consumer court in Mumbai.
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Waiver of statutory pre - suit notice
Respected Membvers,
1. Under what circumstances pre - suit statutory notice may be waived by the Court ?
Does Court have such power to do so in the interest of justice ?