AMNEET KANT
09 January 2010 at 08:37
I am the allottee/Owner of H.I.G. house in Channdigarh. The house was allotted to me on 05.02.1988 and I took the possession from the CHB(Chandigarh Housing Borad) on 06.04.1988. The water and electricity connection is in my name. I would like to submit that A who was a good friend of mine was looking after my house. He committed fraud in putting B illegally into my house without my knowledge and consent. I had not received any consideration of the house either from A or from B. The letter of draw as well as allotment letter are in my possession. The no dues certificate is with me after making full and final payment to the CHB . I am now paying the ground rent of the house regularly to the CHB. The house as per conditions of allotment can not be sold for ten years from the actual date of possession i.e.06.04.1988
When all of my efforts failed to persuade A& B to get the house back I filed the civil suit on 10.06.1997 for getting A evicted from the house. The B took the plea that SLIP was sold to A( Photo copy of the registration letter) and A sold the house to his father.
The civil court after ten years of litigation decided the case on merits, facts, evidence on record and in accordance with law on 21.03.2007 in favor of the plaintiff and against the defendant. It was ordered that the defendant is liable to vacate the house within three months and also liable to pay mesne profits/damages @ Rupees 6,000/ per month w.e.f. 10.06.1997 till the vacant and physical possession is handed over to the plaintiff.
It is a matter of record that the defendant has not placed on record any legal document to prove his authorised occupation. The civil court judgment has reached on conclusion that A & B were hand in gloves with each other to grab the property and the defendant is a tress passer in the house. The B is taking undue benefit of law in the delivery of justice by filing an appeal when the property is covered under contract act 23. What kind of remedy is suggested? Can I start criminal proceedings, if so under what section of the IPC? I am a Senior Citizen. It is the only property in my name and I am living in the rented accommodation and paying rent beyond my means.
DK SHANKAR
09 January 2010 at 06:16
Dear experts,
Happy and very prosperous new year greeting to all of you. Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grievous injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded around 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the bus company. If the court consider the case of hit and run case then also compensation will be less. Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
My sincere thanks to you all in advance.
DK SHANKAR
09 January 2010 at 06:14
One "X" borrowed a sum of Rs. 5,00,000/- from One "A" and deposited his documents of title. Later when "A" demanded payment for the debt "X" gave a cheque for Rs.5,50,000/- towards full satisfaction of the debt. When the cheque was presented for collection it was returned with an endorsement that "In sufficient Funds". Mr. "A" sent a statutory notice under Section 138 of N.I.Act demanding payment. "X" received the notice and sent a reply that he did not borrow the money he gave the documents to his relative "Y" for his bank loan and MR. "A" got the document from "Y" using rowdy elements, and now used the documents and cheque to unlawfully enrich, and "X" does not has a account in the bank and the cheque issued is not his Account. "X"'s relative "Y" is also one of the debtors to Mr."A". "Y" and his father one year back sent a letter admitting that Y borrowed the debt and debt of "X" also. "A" has sent a notice to the "X"'s bank that the chueque was returned for the reasons insufficent funds and not as signature differs? but x states that it is not his A/c. Bank sent a reply that the Account is a Company cheque and "Y" is the authorised person issuing the cheque. It is Now clear that both "X" and "Y" inorder to avoid their liablity "X" issued "Y's" cheque by puting "X" signature to cheated Mr."A". In the mean time 30 days lapsed and now shall i file a complaint against "X" eventhough the cheque was belong to "Y" A/c or file a cheating case under Sec 420 I.P.C against both X and Y. Advice me in this regard.
Dk Shankar
Soma
09 January 2010 at 02:02
a current account holder (Mr. B) in the name of M/s.XXXX a proprietorship firm.
Bank dishnoured cheque even if there was sufficient balance.
Whether a current account holder who hold the account under the name of proprietorship firm is a consumer? (C.P.Act)
Any senior can provide relevant case law?
District Forum saying the complainant is holding the account for business purpose and hence he is a nconsumer.
Dhiren Akbari
09 January 2010 at 01:55
personal guarantee duly stamped on 1-1-1997 in favor of bank executed in Mumbai - bank at the time of signing the document did not put the date on document - on 1-10-2000 bank filed the case - bank putted date on document as 1-11-1997 to avoid defence of time barred(3 years) claim. u/s 52B of maharashtra stamp act, any stamp not used within 6 months is not a valid stamp. DRT on defence, ordered for imponding of the said document using power u/s 33.
now question are;
1. whether the document which is invalid u/s 52B of the Act can be impounded by court?
2. if court is right in using their power u/s 33, from which date the said document turned to be valid? i.e. from the original date of document or from the date of adjudication by the collector of stamps?
3. is there any specific provision under stamp act to renew/extend the validity of the duly stamped document after 6 months period as provided in sec. 52B?
4. relevant judgement in the above matter and advice for taking defence in the above matter.
an early opinion, reference and advice be highly appreciated.
thank you.
Sumir
09 January 2010 at 01:24
I had filed a complaint against a person that he had verbally abused me, which I couldn't prove; he (the opposite party/respondent) had stated that their was no communication between both of us, and that he do not know me; and has very cunningly stated that I am putting false case against him since he belongs to SC(schedule caste) category and requested that action should be taken against me under atrocities act. I had not made any comment about his caste, in fact was even unaware about his caste. Please comment.(note I am from open/genera/non reserved category)
{one of a good move is to state that for action to be taken against me under the above mentioned act;I have to be non SC/ST; though I am not SC/ST; as per his own statement he do not know me, hence even do not know my caste, hence this indicates that even before knowing proper facts in detail he is trying to misuse law and put false counter case against me}
Anonymous
09 January 2010 at 01:05
Respected Experts,
I was plaintiff in a Title Suit (filed at Hon’ble Subordinate Judge), which was also for recovery of possession through process of the court. Judgment passed in my favour. After six months of judgment, I filed for execution suit (notice has not been served yet but will be served shortly). Which is pending in the court? Opposite party (judgment debtor) have not filed appeal till now (9 months are over). Recently when we were out of town, they (Opposite party) have done some construction (Raised an enclosure wall) on the suit land. Now will this construction has any effect on execution? Should I inform the court about this construction? What else should I do? Thanks to all.
Anonymous
08 January 2010 at 23:17
My husband's grandfather dies leaving a will that his ancestral house will be divided among his 5 children such that the ground floor goes to one son, the 1st floor is shared by all 3 daughters and the 2nd floor goes to other son who is my husband's father. All of them have now got their floors mutated in their own names.
My father-in-law has only 2 children, I wish to know if my father-in-law can sell off his inherited 2nd floor and do whatever he wants with the money which could even mean that he gives all of that money to my husband's brother and my husband does not get a single penny out of it? Does my husband have a share in the inherited property of his father? How can he claim it? How can he prevent his father from selling off that property and/or giving the full money to his brother? What are the steps that we need to take for this and how long and easy or difficult is it?
As you would have guessed, we are not on speaking terms with my in-laws for the last few years. My husband's brother is very keen on getting my father-in-law's share sold off and he getting all of the money without my husband even getting an idea about what is going on. We cannot get a copy of the will (nobody will show us) nor will my in-laws inform my husband what they are going to do with that property. We need to act fast if at all we have any legal right on that property.We are hindus.
DK SHANKAR
08 January 2010 at 23:03
Dear experts,
Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grevious injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded aound 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the lorry insurance company. If the court consider the case of hit and run case then also compensation will be less.
Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
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