LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ayan   19 June 2023 at 19:04

Tenant dies , other person running business

A title suit and counter claim of eviction is pending in district court since 2009 for a commercial shop , landlod file counter claim of eviction for illigal construction , rent not paid for years , resonable requrement , last rent agreement executed in 2008.
Now the tenant have expired 2 week back.
His wife , elder brother opening the shop and running business , they have not taken permission from land lord or from court.
My question is
1)If tenant dies , his wife and brother become tenant automatically ? They can control over the rented premises ?

2)What is the way , so we can restain him from entering premise (till court pass an oder) , (landlord never seen them before)

3) Without knowing the name of intruder how to move to police (if require)?
The property is at kolkata and comes under West Bengal Premise Tenancy Act

Pankaj   19 June 2023 at 17:37

Mod cancellation happened after 4 years

Hello,
I am planning to buy a resale flat From B .
Flat was purchased by A in 2008
Multiple loans taken by A on this flat and all those reflecting in EC - 2012, 2013 and 2015
A sells flat to B in 2017 - this sale deed is reflecting in EC
What’s alarming is MOD charge is cancelled in 2021 in name of A and new MOD charged in B
Despite all loan cleared by A ( B paid some amount to A and cleared loan of A in 2017)

How is it possible that sale deed happened in 2017 and MOD of A was cancelled in 2021? Reason being given by B is that due to system issue MOD cancel of A didn’t happen in 2017.. neither banker followed up nor B bothered and then one fine day in 2021 they did MOD cancellation of A and created charge of MOD of B whilst loan of A was cleared in 2017 itself and B also started availing loan in 2017 . How is this possible pls explain as I am planning to buy house from B . Is this Foul play ? Or this error of MOD cancellation forgotten is possible ?

Note banker of both A and B is same

Poomari Venkateshwari   19 June 2023 at 16:18

Take part in lockdown violation, will get government job?

In lock down period, my fiance violated lock down rules, due to that, police put fir on him. Later government announced demolish corona time lock down violation cases, police called him, he also went court and do the procedure for demolish. this leads to, will he get government job or not?



Surendra Singh   19 June 2023 at 06:27

160(2) railway act

Is this bailable or not bailable

Elder Collins   19 June 2023 at 04:11

I found out my wife secret

I knew my wife from college at final year, we got engaged after two years' and lived together for 3 years before i found out with the help of allen(@)alienwizbot.com mobile spy service that she had a baby of 8 years outside our marriage. The sad story about it is she was still in love with her baby Dad, she do goes out to see him and keep me in the dark, i was just being fooled for a period of 5 year. Never put trust first in a relationship until it is proven, that's my advice for everyone.

Anonymous   19 June 2023 at 01:55

Abolishment and termination

I am working for an NGO and recently unanticipatedly, management decided to abolish 1 associate manager(ATM-CC) post of 3 equivalent posts. No notice was shared by the management and individual meeting via Zoom was done with no formal mail. One or another vague reason was shared individually.

On requesting to share a notice regarding it, it was shared we will not do that and on saying I will ask this by email marking RM and other ATM-CC, I was denied to Mark CCs. The regional manager had a meeting with me, he shared that work is automated for this post which was totally false, naturally, I objected that other posts have the most automated work than this, so 2 new reasons were built that we are making management leaner, and the fund is being used in a different project as it is growing (Actually we recently started our services of free cost life skills in rural areas earlier it was only for the cities).

There is no commitment to deploy around 30 -35 employees from different cities and states. They are doing individual meetings to send the experienced staff working from 5-6 years to rural and remote areas. No one is happy with the decision made as1 can not be competent enough to do the work as the work profile is totally different, there are some married and pregnant ladies as well. Our request for a collective meeting is also denied we requested several times and only for 1on1 meetings managers were ready.

So is it legally right to do something like this? And can they terminate an employee if one cannot go to the position imposed on the employee?

Please note- It is not that the post is redundant, the work will be distributed to other Associate managers only.


Anonymous   18 June 2023 at 22:46

Hello everone,

What is the religion and cast of the orphan children if he/she is not adopted till 18 year ?

Anonymous   18 June 2023 at 20:12

Transfer of government employee during maternity leave

Is it legal for government employee in karnataka to transfer her when she is in maternity leave?

Anonymous   18 June 2023 at 20:01

Does our relationship fall under sapinda law

I want to marry my maternal second cousin. My maternal grandfather and her maternal grandfather were real brothers. My mother and her mother are cousins . Does our relationship fall under SAPINDA category of Special Marriage Act? Will our marriage be legally approved

Ashok Kuvadia   18 June 2023 at 19:14

Where to file complaint for perjury if matter is over

Dear Experts,

1) The earlier Secretary (say “Mr. X”) of my Co-operative Housing Society has prepared a fraudulent resolution of date 01.05.2006 and allotted to himself development rights to construct building. He has forged my signature as well in the same.

2) I filed Police complaint for forgery – Police obtained opinion of hand writing expert – it is confirming forgery of my signature – FIR registered against “Mr. X” (earlier Secretary) – he was tooked in Police custody – Hon’ble Magistrate Court rejected his bail – Hon’ble Sessions Court also rejected his bail by noting that- “there is not a single appointment letter from other member indicating he (accused “Mr. X”) was appointed by members as developer”.

3) Therefore to get released on Bail from Hon’ble High Court, “Mr. X” (earlier Secretary/accused) get affidavit executed by current Secretary (say “Mr. Y”) and other members mentioning therein they have appointed “Mr. X” as developer on 01.05.2006. Hon’ble High Court released him on bail after 21 days. Thus matter is over at Hon’ble High Court.

4) Charge-Sheet is filed in 2010 against “Mr. X” before Hon’ble Magistrate Court for cheating, forgery, destruction of evidences and matter is pending as not heard case.

5) Simultaneously, in-person, I has also filed a dispute before Hon’ble Co-operative Court (Trial Court) against Society and others, wherein said resolution dated 01.05.2006 and other fabricated documents are impugned and challenged and sought its declaration of illegality. The current Secretary (“Mr. Y”) filed same affidavits of all members which was very first filed before Hon’ble High Court.

6) While giving evidence by current Secretary (“Mr. Y”) at Co-operative Court, he enters into witness box, gave evidence under oath, admitting thereby that earlier Secretary (Mr. X”) has submitted his offer on 10.10.2007 and appointed as developer on 25.03.2008.

7) Because of my illness, I couldn’t appear afterwards, Hon’ble Co-op. Court dismissed my dispute. Appeal against the same is pending at Hon’ble Co-op. Appellate Court. But, Hon’ble Co-op. Court also noted in its judgment that “Mr. X” (earlier Secretary) submitted his offer on 10.10.2007 and appointed as developer on 25.03.2008.

8) Consequently, as per evidence under oath of “Mr. Y” (current secretary) and by judgment of Co-op. Court; “Mr. X” (earlier Secretary) appointed as developer on 25.03.2008 and NOT on 01.05.2006. Thus “Mr. Y” (current secretary) and other members had given false evidence, committed perjury, first with Hon’ble High Court and then with Hon’ble Co-op. Court. But at both the Courts matter is over.

My Question:

a) Since matter is over at Hon’ble High Court and Co-op. Court, where a complaint for perjury is to file?
b) If at Hon’ble High Court, then by way of simple complaint or by Writ Petition?
c) If at Hon’ble High Court, then can I seek for cancellation of Bail also, since it has obtained on the bases of false evidence?
d) If it is to file at Hon’ble Magistrate Court, then in the case of pending Charge-Sheet OR by new case?
Query might feel little lengthy and I may be excuse for the same. But explanation of fact is also important.
Experts are humbly requested to give point wise reply, if possible.
Thanking you.
AKK.