shaikh
19 February 2015 at 11:22
i Experts,
I have several queries with ragards to my tenant..I have rented my Flat in New Mumbai to a tenant from last 4 years on 11 months leave & License renewing every year.From last year the tenant is not paying rent and is also not vacating ?? The last agreement expired in August 2014 . He took some excuse and said he need to renew for another 4 months . This time we told him to register the agreement but he is adamant on not registering and he has not even signed the agreement . My previous agreements were not registered .. Please confirm what are the steps i could take that he evicts this time..Pease note i am out of India , hence not able to presurrize him . I have given Power of attorney to one of my relative.
Please advise
1. Can we take legal course if he is not signing the leave and license agreement.
2. Whenever we visit him he says he is out of town and does not come to talk , just his family is present in the flat most of the time.
3. There is a co-operative society in the building . How can the society help?
4. He always says do whatever you want to ?
5. Will he still be considered a tenant if he has not signed the agreement . Can we file a criminal case against him.
6. what are the quick steps to get him out and at the same time make him compensate for harassment and mental agony.
7. Can i still say i want the flat for me but i am working abroad.
8. How can we safeguard us in legal case since i heard that registering the document is landlors responsibility but this person does not want to sign or come for registeration.
9. How long the case take to evict him finally.
10 Can we get an Ex PARTE order to vacate him immediately.
10.can you suggest any good and experience/honesh lawyer in New Mumbai.
I want to take proper steps so that i do not want to get into legal hassles..
Thanks and appreciate your advice
Shaikh
n v subba rao
19 February 2015 at 11:14
Hi,
We have 99.9% ownership in a private limited company which has a hotel property. This hotel property is in the hands of 0.01% share holder who does not have any management role nor director of the company.
So what are the options to take physical position of the hotel property of our private limited company?
Thanks in advance.
Amol
19 February 2015 at 08:58
Hi I am for a wife Applicant in a DV case.
the husbnd's Lawyer Respondent in a case has filed an application with prayers that Bank name _______ be directed to produce the bank statement for a certain period of wife applicant
now the question is can court entertain and decide the application without asking wife applicant to make Bank as a party to the proceedings.
now what step should I take ? shall I wait for court to order me to make bank as a party or shall I make an application myself to the court to permit me to make bank as a party
please guide now what shoud i do ?
krishna
19 February 2015 at 01:16
Hello,
I would like to seek your esteemed opinions as to whether I can take legal recourse in repaying a cash loan for which I'm paying a high interest rate of 5% per month and being tormented with dire consequences when it gets delayed by a few days. I would like to know if I can take legal recourse to get some breathing space to pay up the principal amount. Please help.Under what section can i get some respite.
thanks
shashikantrajendramagar
18 February 2015 at 21:33
i am in owner of the property(plot) but the possession over 12 years for another person he also the construction of this property so,can get the possession please help or citation(get the title take the possession without limitation)
VIKAS AGARWAL
18 February 2015 at 19:20
sir
[1]Applicant applied for Injunction order in civil court( because his land was being illegally possessed) and it was issued on 06-02-2014 by civil court.The ad-interim injunction order is extended date to date.
But on 18-12-2014 applicant gave application for its further extension.
Civil Court reader has numbered the application and indexed it,but he did not extended it in order sheet.0n 18-12-2014 judge was also on leave.But applicant came to know that it was not extended.
On next date the defendant lawyer raised objection on it.I want to know whether the stay will be continued or not?
[2]please provide me latest ruling immediately
from
vikas agarwal
mobile-09457012613
bareilly u.p.
monikakularia
18 February 2015 at 15:46
Is rejoinder also considered a part of pleading??!!
vijay
17 February 2015 at 21:35
I purchased a land with the help of broker . That broker cheated me and forged a agreement to sale in a 100 rupee stamp. My signature are original which he took in a blank stamp for affidavit for the purpose of namantaran .After one year when my construction was in progress he send me a notice . Alleged that I had sold my my land to him in 18 lac. And he had paid full amount of land. Also says that he is giving contract of construction in 33 lac. And paid 22 lac advance for construction on the same day. Now he had filed a suit against me . And applied to impound the document.
Please guide me what to do.
Is this document a compulsory registrable since he alleged to pay 100% payment of land in cash.
SSng Aulakh
17 February 2015 at 20:18
K.a.Experts,
I am appearing in person in Bombay High court as Plaintiff. My suit against my employer company for salary and victimisation is in final stage of hearing. I am cross examining a witness who is deposing on behalf of defendants without written authority from them. He is an employee of one of the defendant companies against whom I have this matter but this witness does not have any written authority from either of the defendant company to depose on their behalf. Defendants companies' Advocates have just planted this witness.
Please go through the ist day cross examination of this witness by me, and advice me what should be my next step.
Shall I cross examine him further or discard his deposition. Please tell me what the law says to:,
If I discard deposition of this witness on the basis of not having authority and do not cross examine him further,
then what about his affidavit of evidence which he has filed under oath denying all my contentions in the Suit ?
Will his Affidavit be also automatically discarded by court under law ?
It should not happen that the court takes his submissions in his affidavit on face value, and deny reliefs to me since I have not cross examined him ?
Regards
Capt Sukhdev Singh
First day cross examination of the unauthorized witness goes as below:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.527 OF 2005
Capt. Sukhdev Singh ...Plaintiff vs The Great Eastern Shipping Co. Ltd. & Ors. ...Defendants
...... Capt. Sukhdev Singh in person, for the Plaintiff. Mr. Raj Patel, Counsel with Ms. Viloma Shah & Mr. Dhiren Durante, i/b. M/s. Hariani & Co., for Defendant Nos. 1 and 3. ....
CORAM : S.C. GUPTE, J.
DATED : JANUARY 30, 2015 P.C. : .
The examinationinchief of the Defendants' witness after the witness is sworn
:Name: Adil K. Anklesaria Age : 49 years Occupation: Assistant Manager Address : GOL Offshore Ltd., Energy House, 81, Dr. D.N. Road, Mumbai � 400 001.
I tender my affidavit of evidence in lieu of examinationinchief dated 19 January 2015. The signature contained in the affidavit is of mine. The contents of this affidavit are true and correct.
The crossexamination by the Plaintiff in person :
Q.1: You have stated in this affidavit that your deposition is based on your personal knowledge. Where have you gained this knowledge?
A: I have gained my knowledge from the records maintained by my office.
Q.2: Are you fully aware about this matter?
A: Yes.
Q.3: Which are the records that you have gained the knowledge from?
A: My office has maintained a personal file of the Plaintiff. I have gained my knowledge from that file.
Q.4: Can you produce that file before the Court?
A: Yes.
Q.5: When will you produce that file?
A: I can produce it on the next date.
Q.6: What are the details in that personal file? A: All personal details concerning the Plaintiff are there in the file.
Q.7: Is it correct that all the knowledge you have about the case is from the personal file of the Plaintiff maintained in your office?
A: Yes.
Q.8: Are you making this deposition on behalf of Defendant Nos. 1 and 3?
A: Yes.
Q.9: Have you been authorised by Defendant Nos. 1 and 3 to depose on their behalf?
A: I have been authorised by Defendant No.3.
Q.10: Can you produce a document of authorisation?
A: I have been in the service of the Company and have been called here to give evidence.
Q.11: So you do not have an authorisation on behalf of Defendant Nos. 1 and 3 to depose?
A: I have no such written authorisation.
Q.12: So what is your interest in coming here and deposing on behalf of Defendant Nos. 1 and 3?
A: I am an exemployee of Defendant No.1 and the present employee of Defendant No.3.
Q.13: Are you aware that if a witness makes a false deposition or gives a false evidence whilst in the witness box, he can be charged with the offence of giving false evidence?
A: Yes.
Q.14: What are the reasons for your resignation from Defendant No.1 Company?
A: I resigned for better prospects.
Q.15: After leaving Defendant No.1 Company, where were you working?
A: I was working in Jubilient Enpro Ltd.
Q.16: Why did you leave Jubilient Enpro Ltd. and join Defendant No.3 Company?
A: Because I was given a better offer by Defendant No.3 Company.
Q.17: Do you have anything to show that you actually joined Jubilient Enpro Ltd. in between your services with Defendant No.1 and Defendant No.3 Company?
(The question is objected to by the learned Counsel for Defendant Nos. 1 and 3. The objection is overruled).
A: I can try and get the relevant documents.
Q.18: When will you produce these documents?
A: I shall try to produce them on the next occasion.
Q.19: Since you were not there either with Defendant No.1 or Defendant No.3 between August 2005 and May 2007, from where did you gain knowledge about the events that transpired between August 2005 and May 2007?
A: I gained knowledge concerning events during this period from the personal file maintained by my office in respect of the Plaintiff.
Q.20: Who has prepared the affidavit of evidence that you have signed?
A: The affidavit is prepared by my Advocates on my instructions.
(This answer is recorded by the judge himself, since the witness remained mum and did not answered anything)
Q.21: Do you mean to say that whatever knowledge you have about this particular case and about the Plaintiff is gathered only from the personal file maintained by your office?
A: I was working with Defendant No.1 from April 1998 to August 2005. During this period, when I was working as Fleet Personnel, the Plaintiff also worked with Defendant No.1 Company and I also have personal knowledge of signing on and signing off of the Plaintiff during this period.
Stand over to 4 February 2015 at 3.00 p.m.
( S.C. GUPTE, J. )
(later adjourned to 27 Feb 2015)
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Issue with property purchased from notarised gpa holder.
Hi All,
property Transaction details is as below,
1. 'A' got the notarised GPA before 2011 attested by wife and affidavit from first owner and sold with sale deed to X.
2. X has sold the property to Y with sale deed.
3. 'Z' we purchased the property from 'Y' with sale deed .
4. Now First owner wife ie, who executed GPA has filed the case on GPA holder X.
5. So what we will be the impact on Z who is in possession of the property because often they come and tell there is some case against this house.
First case which was filed aginst GPA holder was disposed and nature of disposal is reject. And now one more new case has been filed against GPA holder.
please let us know how to deal with this.
Thanks,