jyotirmaya behera
09 September 2015 at 19:13
The applicant loaded 5 wagon of COKE for delivery of the goods to his siding. Out of five wagon only 4 wagon are delivery to the applicant siding but one wagon was not delivered by the Railway.
Applicant filed an OA before the railways tribunal for non-delivery of the goods. After filing of the Original application before the learned tribunal, the railway delivered the goods to the applicant after 5 year 4 month of delay. At the time of pending OA, the counsel of the Railway submitted that the goods has been delivered to the applicant. This point was placed before the member judicial ( Tribunal) and the Tribunal passed the order that the Railway will pay the compensation i.e. the only interest part (for the 5 year and 4 month) of the total valuation of the goods.
Now matter is that the railway has filed the appeal before the Hon’ble High Court for set aside of the order passed by the Tribunal.
1. The Tribunal passed the order rightly or wrongly?
2. What is the SC judgment are available regarding this part?
3. On which ground the High Court set aside the order of the Tribunal?
Jaya Pathak
09 September 2015 at 19:00
Hello All,
One of my client recently came to know that one of the coparcenary owner of commercial office property is renting the offices only on his name and taking rent to himself.
The Malmatta Patrak or property card shows all the names of coparcenary owners.
Is it possible to file any any case under IPC besides filing for partition? Please specific section.
Thanks to all experts for taking a look into this query.
Jaya
happy
09 September 2015 at 18:51
hello members,
a party take loan from bank. after some time his account become npa..auction notice is recived...auctiondate is final.but before action party pay full loan amount+recovery charges to bank.
is bank eligible to take recovery or auction charges from bank?
plz also let me know the judgement in this regad.
SONIE
09 September 2015 at 18:48
THE JURISDICTION OF DRTS IN MUMBAI HAS RECENTLY BEEN CHANGED. KINDLY INTIMATE THE RATIONALE BEHIND THE SAME
sandeep
09 September 2015 at 18:44
1) Our building is build in 1992. 2) proposed society formed in 1995. 3) One of the foundation member take possession in 1998. 4) Proposed society ask to that member give dues from 1995 where proposed society was formed. 4) The member was denied to pay the maintenance before he take possession. 5) Society was registered in 2001. 6) Society make him member in 2003 7) After the registration of society, society make only one bill in that include due prior registration of society and after formed the registration of society. 7) In 2007 Society wrote a letter to register for recover dues us mcs 101 but registrar not accepting. 8) Then society make appeal to jt registrar in 2008 9) After the hearing from both parties The jt registrar state that society have file a suit in city civil court for claim of prior registration and file a suit in co operative court for claim of after society registration. 10) In between that member lawyers send a cheque of dues from registration period without intrests by coutier but society is returned back him 11) Society not taking any action after the jt registrar stated. 12) After one year that member file a suit against society in co operative court. Now my question is 1) proposed society have rights to claim amount before that member take possession because his agreement with builder make in 1990. 2) Who will make mistake in above parameter. 3) At above point of view that member is legally right or society. 4) After the socity was registered that member want to give separte bill for dues of prior registration and after registration. 5) Now in co operative court charged the interest to that member or only give order to pay only principal amount.
srijan
09 September 2015 at 18:42
I want to buy a part from my neighbour's land which is touching my house boundary of which the neighbour has already made an unregistered agreement on a 50 rupees non judicial stamp paper via notary public from a party last year,but the validity of that agreement has been expired on June of this year and registry is not done yet and the seller is ready to give that part from the land to me by asking me to give the whole amount at one time payment via agreement and asking to wait for 3 months for registering that piece of land in my name. And also he is not giving the possesion asking to wait for 3 months to get that.Is it advisable to do so. and on what terms?
krishna venkatesh jorapur
09 September 2015 at 18:26
my son had accident in mysore with bikes.My son was having valid licence.and insurance got expired on the previous day.The opposite rider either has valid DL or Insurance.Now i have received claim summons from mvc mysoreafter 8 months.
wheather my son also can apply for claim from mvc after gap of 10 months.
Also wheather the tribunal take note of the claimants DL and insurance while awarding compensation.pl inform
Pragandh Ketkale
09 September 2015 at 18:08
XIV. Business Partner shall not, directly or indirectly, develop, manufacture or distribute any products similar to or competitive with the Product in the Territory or elsewhere during the agreement period and Two(2) Years from Termination of Distributor/ agent relationship with “Company".
Non Competition clause is valid or not
Anil Kumar
09 September 2015 at 17:59
I bought a car last year august from delhi. Transferred full amount via NEFT in the seller's account.
We made a notarized sale deed, he kept the original and gave me it's copy. He gave all the rest of the papers like RC, insurance etc to me.
He doesn't seem like a cheat, he's either lazy or miser, he is making excuses for not transferring the registration in my name. NOTE: The car is registered in Haryana, whereas seller lives in Delhi and I am using the car in Kanpur. So, for transferring RC, we both will have to goto haryana, maybe he doesn't have time/money for that!
Anyways, isn't it seller's risk & responsibility to get it transferred?
As far as I know, I don't need to worry about cops or traffic police, all they wanna see is original RC.
I urge our experienced experts to suggest, do I have anything to worry in the future if I continue with the RC in his name?
What if I move to another city (like Kolkata, Jaipur etc) and keep using the same registration number, will I have problems there?
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Distribution of flat when owner dies intestate
Hello,
My maternal grandfather owned a property (a flat) in a CHS. He died in 1996 without making a proper will stating the distribution of the said flat. He is survived by his wife and 4 children of whom 2 are unmarried (one daughter and one son). The unmarried daughter, under suspicious circumstances, had got herself nominated for the said flat. Today, after 19 years of my grandfather's death, she refuses to give my mother (married daughter of the original owner) her rightful share in the property. What should be done now? The CHS is going in for redevelopment soon.
P.S.: My grandfather, immediately before his death, had clearly mentioned in the presence of my grandmother, unmarried daughter, my mother and another family member that this flat should be equally distributed (one half to each daughter)among his two daughters i.e. my mother and the unmarried daughter. Unfortunately, the unmarried daughter refuses to do the same.
Kindly help and guide me.