S.Lakshmikanthan
30 June 2014 at 17:45
suit is for delivery of possession ,i am the plaintiff ,i got exparty degree .set asidec petition was filled in time but there was 200days delay in representation ,but condone delay in representationn petition was filed with supresion of facts, wrong calculation of as 19 days , with out sufficent reason,vague affidavit . i filed counter and writen argument dismis the same but order was passed condoning the delay of 19 days.
now set aside petition enquery is final stage .
we are about submit written argument in that .what can we do now ?can cr p be filed simentaneously along with condonation of delay petition. pls suggest,.
TR Madhavan
30 June 2014 at 17:30
a) A P Apartment Act – 1987 Chapter No. 3 – Section 10 – Compliance with bye-laws and covenants; Each apartment owner shall comply with the covenants, condition and restrictions et forth in the Declaration and the bye-law. Failure to comply with any of the same shall be a ground for action to recover sums due, for damages or other relief at the instance of the Office Bearers of the Association of Apartment Owners or in a proper case, by an aggrieved apartment owner.
b) Section-20 Charge on property for Common Expenses; All sums assessed by the Association of apartment owners for the share of common expenses chargeable on any apartment shall constitute a charge on such apartment with precedence over other charges expect charges, if any, for payment of Government and Municipal Taxes and all sums remaining unpaid on first mortgage of the apartment.
c) Section – 21 Manager to cut off, with hold, curtail or reduce essential supply or service; The Manager or board of managers of tan Association of apartment owners may, after due notice of not less than seven days, for just and sufficient cause, cut off, with hold, or in any manner curtail or reduce, any essential supply or service enjoyed by an Apartment owner. Explanation: In this section, essential supply or service includes the supply of water, electricity, lights in passages and on stair cases, and lifts and conservancy of sanitary services.
d) Rule – 13 – Form V – Exhibit B – Bye-laws of the Association of the flat or apartment owners- Chapter 1 – Section 8 – Disqualifications: No apartment owner shall be entitled to vote on the questions of election of members of the Board or the President, or any other office bearer or be entitled to stand for election to such office if he is in arrears of any sum for him in respect of his contributions for common expenses for more than sixty days on the last day of the year preceding the year in which the election to the Board would take place.
As per above sections and sub sections of the Act clarifications sought on the following questions,
a) Does the elected body have the right to enhance or ratify the fixed monthly common (maintenances) expenses every month? Does the decision need ratification of the General body?
b) The association collects every month a fixed charges towards for common (Maintenance) charges and fixes a due date to make the payment by the apartment owner. On failure of the payment on or before the due date fixed by the association every month, does the association have the right to cut off all the services of the particular defaulter after issuance of necessary notices?
c) As Rule – 13 – Disqualification – Sixty days arrears rule is applicable for contesting and voting in the association elections. Does it means the apartment owner can with hold the monthly payments towards common (maintenance) expenses for such period and enjoy all amenities at others cost? Does it mean the association cannot take any action against the defaulters till the end of the sixty days?
DHIRAJ CHANDRAKANT KUMBHAR
30 June 2014 at 13:09
Sir, I have executed a registered POA in my sisters favour in d year 2012 in respect of 5lands property, now I have cancelled d said POA by issuing public notice, n have filed suit for cancellation and injunction For POA, so Sir, under which provision of law said POA will stands cancelled.
Avijit Sinha
30 June 2014 at 11:26
I have a query..
Can Any Lawyer present the witness without any prior notice to court or to his prosecution?
N.J. MISHRA
30 June 2014 at 10:57
Dear Member,
As we need to carry out certain changes in trust deed, we are not aware with the procedure for the same.
Request you all to guide on below;
1. procedure for carrying out the changes
2. time & the cost
S.Lakshmikanthan
30 June 2014 at 09:36
dear experts,
we are agrevied party against the order of allowing condonation of delay in representation and order of allowing set aside petition , now can we go for civil revision petition against both above orders simuldaneously or compained in same petition , pls advice . very argent,
manoj r. dubey
29 June 2014 at 21:34
my client had shown his willingness to buy a house in malad and after going through the papers which was in the name of the father who expired and leaving behind was mother and 2 daughters. my client showed his willingness and a consideration of Rs. 15,50,000/- was decided for that property. An advance payment of Rs. 3,50,000/- was made to the daughter who where by made an agreement of part payment and gave a receipt of Rs.3,50,000/- to us and remaining money was decided to be paid within one months.
but now she (seller) is not willing to sell the house and also refusing to give the advance money back.......
plz help me with the remedy and is it right to file a suit for specific performance of contract and if yes than what will be the court fee.
PLEASE NOTE THAT THE PART PAYMENT AGREEMENT WAS ENTERED WITH THE DAUGHTER HAS SHE WAS SAYING THAT HER MOTHER IS MENTAL.....
lalhriatpuia
29 June 2014 at 21:33
land revenue act was implement in the year 2012, on the basis of the act rules 2013 was made wherein it was stated that for acquisition of land for agriculture land( i.e periodic patta, out of the land value 15 % cess is to be deposited to the revenue department, Goverment of Mizoram. In fact, the said 15% cess was not mentioned in the said act, except in the said rule. my question is does the said act and the rule not incorporated each other as the act does not mention the said 15% cess of the land value but only the rule mention about it. Further, can you plis tell me that can rules be made if it didnot say/mention in the act, as the above case.
Naeem
29 June 2014 at 12:37
Whether a person of Scheduled Tribes origin who has embraced Christian religion or Islam will he/she be treated as Scheduled Tribes?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Transfer of share
Two persons A and B were joint holders in the property in Himachal Pradesh. B died a few years ago.A got property mutated in the name of B widow and his two major children. My query is can wife of B a widow relinquish her own share to A who is the real brother of B in the joint parental property? If not what is the way she can transfer her share to A .