Ibrahim
09 December 2014 at 15:27
Hello,
Can anyone provide the detail of court fees structure for appeal to high court. The case is regarding Civil case of company
Anubhav
09 December 2014 at 11:40
Respected Sir,
i have purchased two flats some 15 years back.I and my family are presently living there.The entire building was partitoned amongst father and his 4 sons.We purchased the share of two sons and got it registered in our name with signatures of their entire family as confirming parties.
In last few days some demolition and renovation work is going on in Ground floor,though the occupants of ground floor have not given a satisfactory reply in this regard and have asked some third person to talk to.
1.What can i do to ensure that no damage occurs in building as it is very old?
2.Secondly what can i do if i find some illegal construction or activities are going on?
Tarun
09 December 2014 at 00:15
If any particular ground i not taken in the original ws, is there any way we can take it up at the time of reviewal of the case....
Rubul Das
08 December 2014 at 21:18
Dear Members
Please help me on the following issue :-
I have applied for a loan on 1.08.2014 from my SBI CREDIT CARD for Rs.10000 (via internet by clicking on an option called "easy money"). Afterwards they sent a cheque on 3.08.2014 but in the Payee name they had written my name as RUBUL DAS-STATE BANK OF INDIA. Than on the same day I had presented my cheque to my banker(Corporation Bank) for clearing. But my Banker said that this cheque can't be cleared as the Payee name is different (since my name is Rubul Das and not RUBUL DAS- STATE BANK OF INDIA). Hence I asked SBI Credit Card division to issue me an another cheque citing reason as mis-match of name and they never did so, hence I have arranged loan from my pvt. sources and thus as my need for loan is over. I asked SBI Credit Card division to cancel the cheque as on 14.08.2014. In the month of October. I was shocked to see my credit card statement which which shows a debit balance of Rs.10000 and interest of Rs.1936 thereon. I have complaint this issue to their customer care executive and she told me that the issue will be resolve in 5 days, again which never happened. Than I receive my credit card statement for the month of Nov and December which again contains interest charges of Rs. 1936 and other penal charges for non-payment of dues. Again I complaint this and nothing happened in this matter and shockingly one of their executive showed at my doorstep and asked for payment.
Now members I want to ask you is it valid to charge interest without actual credit of amount and charging interest merely on the basis of issuance of cheque(which is never cleared). Even if it is valid(which is hardly justifiable) still the question remains same that due to bank's mistake in name why should the borrower feel the heat of interest when he have not utilize the amount...forgot utilize.... the loan amount never gets credited in borrower's a/c and it is all due to failure on the part of Bank.
Further I want to know which Act is applicable on this issue. I mean to say that is their any act or clause which describe the point of time when interest is charged on outstanding loan or amount??? And if possible please quote related case laws.
Further I want to raise this matter with banking ombudsman. So please tell me that- Are these type of issues are within the jurisdiction of banking ombudsman???
yasmin parbatani
08 December 2014 at 20:46
My mother in law owned a flat in Andheri west Mumbai in a co-operative housing society, my brother in law was nominated for the property. After my mother in law’s death, the shares in the society were transferred on his name as a nominated person. Instead passing the property on legal heir’s name he registered the property on his own name. After three years when the legal heirs claim for the property in a court, he put forward a claim for Hiba ( an oral gift in Muslim as we are Muslim)
Moreover one person whom he claims to be a witness is dead, the second witness is the wife of the said dead witness and the third witness is his own wife
My questions are
(1) If the shares of a flat in co-operative society in Mumbai are transferred on the name of a nominated person after owner’s death is the hiba valid?.
(2) A person who is dead and can’t be interrogate; will the court accept his wife’s testimony for him?
(3) Can a wife who is a beneficiary person testify in favor of her husband for a hiba (oral gift)?
There isn't any written document or a simple written paper stating that the Property was gifted to him as hiba by my mother in law.
Please reply me in detail.
Thanking you
Y. A. Parbatani.
Member (Account Deleted)
08 December 2014 at 11:23
Dear Sir,
Do court consider email printouts as evidence if person does not have email with him.
Suresh Babu Rai
07 December 2014 at 17:23
Dear Experts!
Sub: - Matter under rent control Act.
Respected Sir, I have sent a legal notice to a tenant stating that my client is the absolute owner of a House and the addressee is the tenant. The premise is taken on lease to carry out addresee commercial activities on September 22nd 2011, but orally agreed on August 01st 2011. Therefore, the tenancy commenced in the month of August 01st 2011 and the rent is fixed at Rs.1, 900/- excluding electricity charges, payable on or before 5th of every calendar month and that the tenancy is a month-to-month tenancy i.e. commences from the 1st of every month and ends on the last day of the same month and is terminable under law by issue of 15 days notice.
The tenant been defaulting in payment of rent and never paid him right from the date of his occupation, further the addressee violated the terms of agreement of lease. The lease agreement was reduced on Rs. 100/- NJ Stamp Paper. The said lease was eleven months only, but the same was continued till to date mutual understanding of my client and the tenant. That under the circumstances my client has concluded that, it is undesirable to continue the tenancy of the aforesaid premise and their by determined the tenancy of premises is deemed to be canceled with effect from 15 days from the date of receipt of my notice. As such this notice shall be treated a notice under Section 106 of TP Act.
The addressee called upon to vacate and handover vacant and peaceful possession of the said premise on expiry of fifteen days and there will be no more a tenant of my Client there onwards.
The tenant has received my legal notice and approached the Court of Law by filing a suit for injunction against my client. The Court pleased to order urgent notice but not with interim injunction. The suit contained that, the tenant not from the lease agreement aforesaid but living since long time, but he do not enclosed any bill or receipt of the rent along with plaint.
Sir,
During the pendency of injunction is it possible me to file a suit for eviction against the tenant separately by defending the suit for injunction filed against my client. The city is covered under Rent Control Act.
Thanking you one and all,
Yours Sincerely,
RSB
manoj
07 December 2014 at 16:10
IS THERE ANY TIME LIMIT TO SHARE CLAIM BY NOMINEE
KEJ SIYASAT
07 December 2014 at 14:50
We had purchased a plot in 2001,not land in my possession (by registered sale deed ) but until we have not applied for mutation entry in Municipal Council,Last Month i apply for council register my name in PTR? but objection reaised by original owner his possession on land not register name in PTR.
My Question Is.
1. limitation act obstruction?
2. Is Original Owner have chance for adverse possession basis suit file?
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partition
Father had ancesteal properties. He married three womens. First wife had two sons. After death of first wife he married second wife. After few yeaea later hedivorced second wife. Second wife married after divorce. Father maried third wife and third wife had one daughter. Now father died. First wife sons. Third wife and her daughter only enjiyed the properties. Sons are what shares entitled in the father properties?