PRATIK DEBROY
19 September 2014 at 12:32
there is dispute between two faction of members of a self help group which is registered under societies act, 1860. some of the members were declared as strangers due to their non repayment of loans which they availed from the society. As such the Secretary bought a civil suit and the lower court declared them as strangers. Now these members filed an appeal in the district court to declare the decree of the lower court as illegal and without any merit.
this SHG has an account with a PSB bank. as such the secretary has written a letter to the Branch manager to allow the SHG to operate the account. but the respondents informed the Branch manager that they have filed an appeal in the district court and requested not to allow the operation of the accounts until final disposal. in the mean time the secretary has filed a complaint before the Banking Ombudsman. please suggest.
dipti bansal
18 September 2014 at 20:43
my husband 3rd joint owner means my husband mother,his elder brother & himself in flat registered agreement.since five years staying in flat and rs. 100 paid associate membership to society ,now they are not giving any reply of my husband letter regarding society matter, telling you don,t have rights.
what action can be taken
if questioned asked in writting same person changed his post andbecome treasure and now telling talk to secretary.
secretary telling talk to chairman etc.
MSC Shekar
18 September 2014 at 15:41
District Registrar being the Head of Registration Departments is remaining silent and becoming Exparte in all Legal suits / Criminal Complaints filed by a private party. Even the Hon'ble Judges handling are surprised by this silence.
The Problem is the cases are getting delayed or dragged on which is common in case of Govt . Departments.
Any opinion / suggestions ?
Thanks in advance
Prasad
18 September 2014 at 10:49
Dear Experts,
I have one shop in Maharashtra state Dist : Palghar (The actual owner is my mother), 11 Year ago I give my shop to a firm (Partnership firm) on rent to run them Medical Shop in that shop. At that time we made Lease Agreement for 5 Years (Which was not registered).
After completion of 5 years when I asked for renewal of such agreement, they (both partner) let go the matter till next two years, after that I forced one of the partner to make LEAVE & LICENSE AGREEMENT & he agree.
With single partners sign I made L & L agreement for 11 months & register it. I renew it again last year for 11 months & register it (The second partner did not aware all these things). The all registration was done in maharashtra state
In their partnership deed the both partner have equal rights & 50-50 share in profit as well as loss.
Now my Query is
1) On the completion of agreement how can I take possession (I issued notice 30 days ago to the partner who signed agreement)
2) The partner who signed agreement is agree to leave the shop but second partner may create some problem.
3) I don’t want to go to the court coz it will time consuming process (As per my guessing)
Please give me your valuable suggestion & guidance
ashok kumar soni
18 September 2014 at 09:42
My wife Urmila Soni acquired a House from his real brother Mr. Suresh Rathi on 13-2-2007 through a Registered Gift Deed. In this deed it is clearly mentioned that Urmila will be an owner of this house from this date onwards. Next to it a condition is written that " Urmila is not allow to sale this house till the marriage of her 3 daughters "
After around 6 years on 20-3-2013 Urmila gifted this house to her daughter Raveena age 21 through a Registered Gift Deed.
On 12-6-2103 Mr Suresh Rathi filed a Suit before ADJ Court under sec. 7 rule 1 and under sec. 39 rule 1 or 2 for revoke and T.I.
Court issued T.I.,Please help to save the property for my daughter Raveena.
S. Fernandes
17 September 2014 at 23:42
Dear Sir,
1) I have filed for execution of a money decree.
2) In the EP I have attached immovable Property, under Rule-54 of Order-21.
3) Subsequent to attachment two objectors have filled objections,under Rule-58 of Order-21. Of the two one is a bank, claiming to be mortgagee of the attached property, the other objector is the mortgager.
Question:
Can the Bank during pendency of its own application under Rule-58 of Order-21 before the executing court, take possession of the same property which is attached by the court in the execution proceedings,
under SARFAESI ACT 2002.
simy
17 September 2014 at 22:57
Bank is the owner of a chawl area. Banks wants the land back & send evac notice to all tenants.The tenants are called in bank and both party lawyers are present. During this sessions the tenants are asked questions like since when you are living in chawl, are u original tenant, asked to submit proof copies, etc.
When asked that why is all this happening and how can a suit run inside bank(nationalised) i was told that central govt has given authority to the bank.
Is there such a law/act? How is judge not there then and why the case is not going in court but instead is in bank premises itself?
First we tenants got notice from bank and later we were told that the case is filed.
What goes in Plaint is something like this:
Before HONBLE ESTATE OFFICER (BANK NAME)
(Appointed under the public premises eviction of unauthorized occupants act, 1971) PPE&R.
And both tenant's lawyer & bank's(landlord) lawyer are present in the bank during the sessions and recently our lawyer told that we will file written statement.
Please help and let me know, thanks.
SHIESTA007
17 September 2014 at 22:31
Dear team,
The Plaintiff had filed a suit.The defendant no. 1 has forged the documents of the plaintiff and then sold it to defendant no. 2 and defendant no. 2 sold it to defendant no. 3. then next to 4. During the pendency of the suit the defendant no.4 sold the property to defendant no. 5.
The court has passed the decree that the fraudulent sale deeds done by defendant no. 1 to 5 be cancelled and said null and void.
The defendant no. 5 has been ordered to demolish the building at his own cost and hand over the possession to the plaintiff.
Now the defendant no. 5 has gone for an appeal in the district court.
My question is Can the defendant no. 5 go in for an appeal against the plaintiff. He is the person who has taken the property during the pendency of the suit and it has already settled in the trial court that he has already taken during the pendency of the court.
More over the title is not passed to any of the defendants.
kindly reply.
govind
17 September 2014 at 22:15
Sir, i have filed for civil appeal and the hon'ble court was about to pronounce preliminary judgement orders, immediately the other side counsel said that they have filed revision/review petition in the high court and also said that there is stay and not filed any orders as such but the said revision/review petition is at the admission stage, the other side counsel only to drag and delay the proceedings and the court is adjourning, ive urged that there are is no stay but the court simply adjourning the case. please advice me that any citations or provision are there that to direct/urgue to not to stop the proceedings?
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Compromise or giving up a case to the opponent after selling the land to third party
Sir
One persion the fisrt party sold some acres of land by making a layot to many innocent buyers of plots concealing a civil dispute over ownership in court with a second party and a criminal case filed by the second party over selling the plots by first party and on the first party alone.Now all the plots sold.Now the seller,the first party is in agreement with the second party p with whom he has dispute in court.My doubt is If the above seller of plot the fisrt party cleared the case on geting amount of money from the second party in favour of the second party,what will be the position of the third party ,the innocent buyers of plot who is having possession and who is not party to the case and who are not issued any notice and are not complained in police. Is there any right to the third parties to file a civil case again for their rights against the second party.
Faithfully
Thangaraj