Urval Solanki
19 April 2017 at 02:01
We are around 35 tenants staying in Paghdi system chawl for say around 50+ years, we have proofs such as electricity bills, rent receipts, etc. Now developer has purchased rights from our landlord to redevelop our occupied property. We are not agreeing with developer's terms and conditions and developer is likely to file a case against us. Now we want to register chawl committee to fight against Developer. Kindly guide me how should we go about it. Developer is also claiming that he has purchased this property from landlord in addition to rights to develop. We also paid rents to developer for last three years but developer has not deposited cheques yet. Kindly revert back.
AAA Menezes
18 April 2017 at 23:51
The Society with no bye-laws has been collecting maintenance charges inequitably.
I have been pursuing the matter before the Cooperative Courts since 1999. The Cooperative Tribunal (in April 2016) gave an equitable order to charge maintenance charges as per Rule 135 of the Goa Cooperative Societies Act 2001 and Rules 2003 (GCS) from date on which the said rule came into force, which is being resisted by the Society.
Rule 135 states: 135. Contribution for repairs and maintenance expenses. – A member shall pay contribution to the society at the rate per square metre of the built up area/supper built area or each unit as may be provided on an equitable basis in the by-laws of the society.
Some members of the Society, particularly those who are on the BoD (Management) have two flats or more besides garages, paying maintenance charges on the basis of one flat, are agitated as their pecuniary interest are disturbed and have gone to HC (thro’ the Secretary of the Society) to have the order quashed, by carrying out a colorable exercise.
The crux of the matter is that the Secretary of the Society occupies 2 flats and 2 garages; his 2 brothers also hold 2 flats and 2 garages each; their partnership firm has 3 flats and 3 garages. The partnership firm is unlawfully using the flats for commercial purpose without the permission of the Municipality. Collectively, the Secretary, his 2 brothers and the firm hold 9 flats and 9 garages (totally 18 units, [44%]) in the Society. The 4 members pay on the basis of one flat each, just like the 17 single flat owners in the Society, deriving pecuniary benefits and loss to the Society. Their maintenance contribution is an inadequately 9.75% of the expected revenue to the Society. The Society has 2 identical buildings with 16 flats each, 1 building with 9 garages, and 24 members - 7 members have 2 or more flats.
The Society has statutory right to appeal before the Cooperative Tribunal. Instead the Society has approached the HC knowing very well that I can ill-afford a litigation before the HC. The Society/ Secretary has engaged a high-profile advocate to fight their unjust cause, creating conflict of interest. The HC has stayed the operation of the order of the Cooperative Tribunal in WP under Article 227 of the Constitution of India. The rights of the 17 single flat owners are ignored and violated.
How do I get the stay orders vacated? Will the matter be decided by the same judge or how do I get a different judge to hear the matter afresh?
Pranjal pravin surve
18 April 2017 at 23:11
I am left my job on 18 th Aug 2016..I am working 10 hrs sometimes more than that without any holiday just because of company's work. The employer not give me my salary till date nd says I am not going to give u also go wherever in want nd do whatever u want I will not give you. Is there any option I have to recover my salary. I want to know what to do.
Anonymous
18 April 2017 at 23:05
My joining is 1 st of Sept 2016 is it I am eligible for leave encshment in the month of May 2017.
Member (Account Deleted)
18 April 2017 at 23:02
Hi respected Experts
Please guide in the following case....
A lady (X) filed maintenance case against a man (Y)alleging him as her husband and father of his son.
Where as, said man is a government employee, already married having a son and married daughter.
Y who filed a maintenance case filed xerox copies of BPL ration card obtained fradulently, xerox copy of 10th class mark sheet of her son, aadhar card of her son, wherein the name of employee (X)is also mentioned in the columns of father.
But no marriage took place between these (X) and (Y). So marriage was denied.
(X) contended that (Y) is servant-made, while entering the house she is pregnant,her character is very loose(Prostitute), previously she made a complaint on another person for rape allegation and grabbed money...all these facts the respondent mentioned in his counter...and produced an endorsement issued by the local births & deaths authority stating that no registration of birth is made in the names of said son or petitioner and respondent as parents.
Whereas the school authority who confirmed the genuineness of SSC certificate of said boy, wherein name of the father is mentioned (X) eventhough the respondent says that said lady misused his name and joined her son by stating his name as father, but he never signed in any school declaration as parent.
The respondent submitted that his wallet has been stolen once in a long time, he lost his PAN Card and other proofs, then said lady servant-made utilised the situation and corrected relevant necessary records started blackmailing him for which he never responded.
At this juncture how the case should be leaded ??
Shall this respondent ask for DNA test or burden of proof lies on the petitioner prove her case by way of DNA test to her son ??
If the respondent has to ask of DNA test on what grounds in which procedure and process he should file a petition before the Judicial First Class Magistrate where the case is conducting please be suggested to win the Maintenance case by the respondent for which act of kindness I shall be thankful to you all
Kumar
18 April 2017 at 22:53
Hi, our close relatives are staying at USA, now they want to sell the property to us. But they don't time to come to India for next 4 to 5years. Now they are planning to give the poa to her mother.
We came to know that, bps also not yet applied for this property I.e flat, other tangents applied at the time of booking the flat. We have applied for hl loan, Bankers also requested for bps. Now what is the solution. Flat age of property its almost 10 y at Miyapur, Hyderabad
Shall we proceed or any other alternative for this procedure.
Mohamed Ali
18 April 2017 at 22:27
Dear All
If the magistrate frames charges and conducts trial and convicts the accused of the offences exclusively trailable by sessions court and trial initiates then whether the accused is entitle for acquittal for the offences punishable other than offences tried by court of sessions, in the appeal sessions court
opposed the said judgement of conviction the accused challenges this in crminal revision before high court on the ground that the entire trial initiates whether under these circumstances whether the accused entitle for acquittal..
Citation needed pls..
thanks and regards
Ali
sandeep
18 April 2017 at 22:19
Our managing committee was disqualified for non filing m20 Bond and administrator is appointed under section 77a ofMCS Act. I read on various websites after 97th amendment disqualified members cannot contest election. Can u please give the information that under which section of MCS Act disqualified members cannot contest election after 97th amendment?
prashant kashyap
18 April 2017 at 21:37
I am appointed as Tax Assistant(Income Tax Department) in Chennai on 29.11.2007, and promoted as Sr. TA on 30.12.2011. I got the promotional benefit (Viz. pay fixation by granting one increment). I have been transferred to Kolkata on my own request on 08.05.2012. as per terms and conditions I have been reverted to TA (My entry cadre) and my pay was re-fixed ( Basic pay protected and grade pay reduced to 2400).
In kolkata, I was absorbed against DR quota and i have been given bottom seniority of TA grade of the year 2012.
I again promoted as TA to Sr. TA on 02.09.2013 and I was granted the promotional benefit (Viz. pay fixation by granting one increment). My query is listed below.
1)Whether I am eligible for the increment benefit on promotion in kolkata or not. If not under which rule I should be denied the increment benefit on promotion in Kolkata. If possible kindly give the relevant part of the FR.
2) Whether FR 22C (Minimum benefit of one increment on promotion)can be denied in my case.
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