LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shahid hussain   30 March 2015 at 14:47

False case under section 324 & 506

Hi
I received summon from court as an accused in a false case due to personal grudge of the complainant.On appearance in court they said take copy of the case and given date.It is a private complaint u/s 200 i think.
In A-diary written something like this "posted for inquiry before charging call on".
Upon asking my lawyer says dont worry it is nothing.
Can u plz help.Can i give my written explanation to Judge in next date that it is only due to personal animosity and false allegations etc.
Kindly help and reply.
Thanks

SairamChennai   30 March 2015 at 14:40

Common area - car park

Sirs / Madam,

Owner did not mention the car park area in the deed, but only shown 3 cars in the parking area stipulated to 3 flats, whereas 3 cars cannot be kept at the provided location, now one of the owner want to rent his house mentioning that there is car park, as of now only 2 car were parked hence no problem occurred, now if the tenant brings the 3rd car there will be no space to park, what we are informing to the 3rd house owner that the common area is as per the percentage of the individual flat plinth area or we will split the 3 car park area equally into 3, then also 3rd car cannot be parked as a column is coming infringing the parking, hence there is dispute, how to solve this, is there any legal route we have to take and also inform me whether the common area is pertaining to individual flat plinth percentage.

pssthya   30 March 2015 at 14:14

Without taking statement of victim police closed the case

what one should follow the procedure---


if

1) lower court has made the judgement without taking complete statement of the victim

2) police had not recorded the complete statement of the victim at the time of recording of the FIR/NC and even after written request to police station.


CAN one approach the higher court for making the judgement without taking the
statement of the victim.??????


anjan   30 March 2015 at 13:04

West bengal premises tenacity law for panchayet area

Hi,

I have a commercial space/room and i have provided that room to use as commercial shop to a person as rent basis in the year of 2000. Initially, we had aggrement for three years, after that the aggrement was not renewed. Now, i am planning to do aggrement renewal with him for the period from 2015 to 2018 (for next thre years) but now my tenant is not wiling to renew the aggrement and he is saying that dont need to do aggrement and let it be as it was for last 15 years and his behabiour is not well nowadays. so i would like to evict that tenant from my commercial space. The commercial space is located in Panchayet area of west bengal. Could you please let me know the procedure to evict that tenant and is there any fixed time frame bound by government to finish this kind of eviction case ? May i file a case in consumer forum for this ? Please advise.

Thanks and regards
Anjan

Pramod   30 March 2015 at 12:29

Urban land ceiling 10(3)

Dear Experts,

My Land had been under Sec 10(3) and 10(5) but the entry is not reflecting in the 7/12 the Ceiling office too has no records of my case. We had filed a case against acquisition by ULCA and procured a stay in 81, this case was disposed in 91 with the comment that stay "may" be vacated. I have a letter from the Talathi that there has been no acquisition or reservation in the whole of the survey no. that my land is in. Is my land free of Ceiling by virtue of the repeal act or do I still have to go through Court and get the Land restored? Has the 10(3) notification become null or is my land still vested with Government?

Thanking you,
Pramod

saisha   30 March 2015 at 11:06

Name change

Hi. I have changed my name in the Maharashtra gazette. I have also got an affidavit notarized and have advertised my name in two newspapers. My questions are as follows:
1. Is it necessary to change name in educational certificates of 10th, 12th and graduation? Or are the affidavit, gazette and newspaper publications enough?
2. Do I need to notarize the gazette? (A lawyer suggested that I do so)
3. Is the Maharashtra Gazette, affidavit and newspaper publication enough while applying for a visa or a new job, or should I publish my name change in the Gazette of India also?
Please advise. Thank you.

sam   30 March 2015 at 10:29

Obtain stay against redevelopment

We stay in small C.H.S. having 8 members Building was constructed in late 1990s.

Now old builder have sold redevelopment rights to another builder.

In order to select specific builder Some members are showing extra interest to sign MOU with builder without following 79A,

2 members out of 8 have voted against redevelopment without following 79 A.

Now remaining 6 members out of 8 have taken many S.G.M. and passed resolutions, appointed PMC, process some steps and appointed same builder. All without informing us or sending notice.

2 days back they appointed developer in presence of Authorized officer. We came to know about said meeting only when People started to do Video Shooting in Society. Just before Video shooting, they pasted 14 days back dated notice of meeting on society notice board.
We two members immediately went to S.G.M. meeting and raised objections, to Authorized officer, and stated that since last 5 months, no notice were sent to us, and no confirmation is taken then how come this meeting and so called 79A, steps are completed.
Said authorized officer appointed by Dy.Registrar of Coop. society, told us that he is not concern about this, if we want we can go to court for such matter, he even did not record our objects on Video, we did not sign consent letter, but only signed society register as we came for meeting. They closed all meeting within 10 min and closed light.

Q.1. Now What are options available for me?

Q.2. What is Approx cost of Stay and other proceedings?


Hope to get some right advice, and thanks in advance.

Ram   30 March 2015 at 10:26

Create charge - maintenance

Dear honorable Experts,
Initially wife filed 125crpc. During pendence of 124crpc she filed another maintenance case under order 7 rule 1 cpc. (suit for maintenance) Her prayer is:

1) directing the defendant to pay a sum of monthly maintenance of rs.20,000
2) to create a charge over the schedule property for the recovery of monthly maintenance

court ordered to pay rs.4000 monthly in 125crpc. I have paid arrears of maintenance amount and made proper arrangement to pay her monthly maintenance rs.4000 on 7th of every month thru her bank SB account. So far I have been paying her maintenance amount in her bank SB account. suit for maintenance case is in evidence stage.

My question is:
1) After I paid arrears of monthly maintenance amount thru her bank account and have been paying her every month rs.4000, Will the court CREATE CHARGE over my properties at the end of suit?

2) I have sold all my three properties. Even after that Will the court still CREATE CHARGE over my properties? There was no injunction order when I sold the properties.

Thanks in Advance

ankur jain   30 March 2015 at 10:18

Urgent solution required

सर ,

मेरा दिल्ली मे अनऑथॉरिज़ कॉलोनी मे घर है जोकि मैंने अपने किसी रिस्तेदार को रहने के लिए दिया हुआ है. पूरा घर उन्ही के पास है और बिजली पानी का मीटर मैरे पत्नी के नाम से है अब वो रिस्तेदार घर खाली करने से मना कर रहे है. कह रहे है यह घर तो उनका है और घर की पावर ऑफ़ अटॉर्नी हमारे पास बाहर की है.

अब आप मुझे बताये जिससे की घर मेरा मुझे वापिस मिल जाये.

Rajesh Kumar   30 March 2015 at 10:00

Partnership firm converted in to private limited company

Sir,
We have allotted a industrial plot from HUDA in the name of a partnership firm, now we have converted the partnership firm in a private limited company and the same partners become directors of the company. We have applied before the HUDA to change the ownership of plot in record in the name of company, the HUDA has approved change in constitution subject to a conditions that “the change in ownership of the plot from partnership firm to company shall be got amended in the records of Sub-Registrar through registration of applicable documents, within thirty days and a certified copy thereof shall be submitted to the HUDA”. Accordingly, I requested Sub-Registrar, to amend the conveyance deed in the name of company, the Sub-Registrar told that there is no system of amendment in the conveyance deed as the ownership is the same and the property is not being transferred of sold to anyone. It is merge of firm into company and the same partners become directors and hence does not constitute transfer in anyway.
You are requested to sole my following query:
1. The condition imposed by HUDA is as per law.
2. How can we change our ownership of plot in the company name in the office of Sub-Registrar, if require, suggest the name of document.
3. Change in the revenue record is required for industrial plot allotted by HUDA.