Anonymous
27 June 2024 at 18:43
In Maharashtra, the eligibility criteria for a committee member in a cooperative housing society are governed by the Maharashtra Cooperative Societies Act, 1960, and the Model Bye-laws of the Cooperative Housing Societies. Here's a detailed look at each scenario based on the standard provisions:
Generally, a committee member should be a resident of the state where the cooperative housing society is located.
If a committee member stays outside Maharashtra, they typically do not qualify to be a member of the managing committee.
As per the Model Bye-laws, if a committee member is absent for three consecutive meetings without prior intimation or valid reason, they may be considered for removal from the committee.
Holding dual citizenship or dual passport can complicate matters. Indian laws typically do not recognize dual citizenship. If a member has dual citizenship, it could potentially disqualify him.
An Overseas Citizen of India (OCI) card holder is generally treated as a foreign national and might face restrictions in becoming a member of the managing committee.
Need clarifications as the society members are confused. Your advise/guidance will be of great help.
Anonymous
27 June 2024 at 15:23
Dear sir/ma'am,
I am living in a multistorey building where in every floor there are 5 flats mine on the 3rd floor D32 and in my series all the flats starting from D82 to D32 have water leaking problem from the wall of the common bathroom which comes in the master bedroom of our houses. The leakage is 24 by 7. It is been 6 months now without any remedy. My wooden wardrobe and wallpaper every thing spoiled. Even after complaining so many times no action taken by society committee ours is a cooperative society.
Anonymous
27 June 2024 at 00:11
Hello sir/mam , I need your advice on this matter.
My father and my uncle had disputes for over a decade on property and money , from the daily abuse and threats my mother and father decided to leave the home and live in rent, even gave the amount of money he wanted but after a few years my uncle again started calling and giving death threats to my father, my uncle many times tried to harm my father in public like market etc but my father escaped and even filed a complain but nothing serious action was taken
and today he came near our house , found him alone in the alley and beat him but he ran away on his bike before me and my sibling could come .
He even said on call that if we file a complain then when he comes outside of jail, he will harm my father badly.
My grandmother gave all her property to my uncle recently but he is still not leaving us in peace
what to do!?
sunil dhawan
26 June 2024 at 22:05
During the hearing of the RTI first appeal, the RTI officer asks the applicant to sign a paper.
Can the applicant just sign on that paper or can he also write any kind of comments on it?
Anonymous
26 June 2024 at 20:41
Can I keep pots with plants inside my balcony, is it allowed as per cooperative society bylaws?
Amit
25 June 2024 at 22:40
If Someone has filed a UCC 1 lien on the basis of Shareholding agreement signed 10 years ago and then has filed a UCC 3 to withdraw the same. Can he after 25 days stake the same claim in another UCC 1 lien?
Sunil Sharma
25 June 2024 at 22:15
I fell victim under an online credit card fraud of amount 3,00000 on March 2024. I was shocked because it was a different kind of fraud. I got a call from a bank person to deactivate the card protection plan on my credit card. It was a bank site where I have done this card protection plan deactivatation process by myself. I did not share any information but I don't know how the OTP generated automatically in my mobile ane email and the money deducted automatically. I immediately blocked my credit card and informed to bank but bank did not take immediate action on this. After 3-4 days they replied that your complain is being looked by credit card department. I had logged a complain in cyber police on next day and also with RBI on April 2024. From last 3 months I am continuously communicating with bank through the emails and calls but now they are not considering this as a fraud and even my outstanding amount has reached around 3,40000. Recovery agent and collection peoples are also threatening.have recently got a reply from RBI after 2 months and they have closed my complain under CL 162(a). They replied that this is a authorised transaction because it is completed in safe environment by 2 factor authentication and you will be liable to pay this entire amount. Please let me know what should I do in this case now?
Kiran Awchar
25 June 2024 at 20:47
On my 10th and 12th lc maratha caste is mentioned but on my caste certificate kunbi is mentioned. Can I change my caste on my degree college lc before I finish my final year
Anonymous
25 June 2024 at 19:19
To
Bar Council of India,
New Delhi.
Subject: Urgent Action Needed to Address Frivolous Lawsuits and Unethical Practices
Dear Members of the Bar Council,
The erosion of public trust in the legal system poses a serious threat to the rule of law. A significant factor contributing to this erosion is the apparent disregard for the ethical guidelines of the Bar Council of India.
Chronic Problem: Including Baseless Claims in Legal Notices Mechanically
To investigate the root of this issue, I conducted an experiment on a legal forum (Pathlegal). In my first experiment, I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Except for one advocate, the others did not express reservations about proceeding. This response made me think that perhaps the rules were not clear enough.
In response, I searched for the Bar Council's guidelines and found that they clearly define an advocate's duty towards opposing parties. To test their effectiveness, I copied and pasted these guidelines onto Pathlegal and posed a similar ethical question. Disturbingly, even after reading the clear-cut guidelines, one advocate responded by stating, "The Advocates' Code outlines the responsibilities and duties of an advocate. An advocate must maintain honesty towards their own client and remain neutral towards the opposing party." This response enlightened the root cause of the problem: the issue is not the clarity of the guidelines, but the failure of some advocates to adhere to and internalize these ethical standards.
Ethical Concerns and Recommendations
This case study underscores the need for not just clear guidelines, but also effective enforcement and education. To address these shortcomings and restore public trust, I urge the Bar Council to take the following actions:
Review and Reinforce Existing Rules:
Reaffirm the clarity of the current guidelines and ensure they are widely disseminated and understood among advocates.
Develop a campaign to educate advocates about the importance of adhering to these guidelines, emphasizing the ethical duties they owe to all parties.
Enforce Disciplinary Measures:
Implement stricter disciplinary measures with clear consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims.
Enhance the capacity of disciplinary committees to investigate and act on complaints of unethical behavior promptly and transparently.
Promote Ethical Advocacy:
Strengthen ethical guidelines to more clearly define an advocate's duty to prevent frivolous lawsuits and uphold factual merit in legal proceedings.
Implement mandatory continuing education programs emphasizing ethical conduct and professional responsibility, including regular workshops and seminars.
Implement a "Pre-Trial Verification Process":
Collaborate with the judiciary to establish a procedure where advocates must verify the factual and legal basis of claims before filing, similar to Rule 11 of the Federal Rules of Civil Procedure in the United States.
Introduce penalties for advocates who repeatedly file unsubstantiated claims, including fines, mandatory ethics training, and potential suspension for repeat offenders.
Establish an Ethics Review Board:
Create a dedicated board to quickly review complaints about unethical practices, including the filing of frivolous lawsuits.
Empower this board to issue warnings, mandate additional ethics training, or recommend disciplinary action to the Bar Council.
By taking these proactive steps, the Bar Council can send a clear message about the importance of ethical advocacy. This will not only deter unethical practices but also significantly reduce the number of frivolous lawsuits clogging the court system. Ultimately, this will lead to a more efficient and just legal system for all.
I urge you to consider these recommendations seriously and take swift action to implement them. The integrity of our legal system and the public's trust in it depend on maintaining high ethical standards within the legal profession. I HAVE FILED "PETITION" ON change.org . Please support it .https://chng.it/g8T7vPVCbn
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Second buyer does not accept the super area in office space
Dear Experts,
Events description in timeline:
-Purchased/allocated office space in an under-construction commercial building in Noida in 2017.
-First buyer took possession in mid-2022. The builder expanded the super area at possession by around 10%. The first buyer made payments based on the expanded super area.
-The First buyer transferred the same office space to a second buyer in late 2023 with full disclosure of property and documents.
-This second buyer claiming from early 2024 that the super area was inflated and began requesting a return of money in lieu of the additional super area from the first buyer.
Query: I am the first buyer here. I would like to know how to protect my interest as Second buyer threatening to drag me into a court case for increased super area. The builder is firm that Super area is correct.