Siddhi Agarwal
11 January 2015 at 20:11
Our secretary has resigned as he could not spend members money as he willed and asked the chairman for appointing a new secretary.
I think it is for the managing committe to appoint a new secretary. Pl. clarify the correct procedure.
Member (Account Deleted)
11 January 2015 at 20:11
My friend has a case registered against him under 279, 304a accident case 4 years back. Police submitted its charge-sheet. MAC announced compensation from insurer and did not find any fault of my friend- well he was not at fault anyway.
But the trial is just not starting..its 4 yrs!!!
the lawyer asks to wait till court frames charges. we asked him when and how can he get discharged. he doesnt have any idea.
how can we get things expedited and get out of this unwarranted mess.
jas
11 January 2015 at 19:56
ref to case in mediation 498a already, another FIR is been registered under the car purchased in the name of Husband however around 80% of payment made by wifes side, car company doesnt have any NOC in file.
the car has payments in 3 phases first booking 50k in name of wife, 2nd payment 4 lac DD in name of wife( was loan taken in wife mothers name ) 3rd payment 50k from husband side. because of getting more discounts car was purchased under husbands name and only marriage card is in file
Now police is asking questions again and again and asking in writing from company.
why NOC was not taken from wife
why car was not Hypothenticated ( loan under wife mother name from p&S bank Agra paid via DD car registered in delhi )
Now we will be filing civil case to sent all gift items and wife items including car, will it make a difference as car company is putting every thing on owner of car
Parikshit
11 January 2015 at 19:54
Person has given his house to a family known to them as they were facing some financial problem....without any rent or any sort of agreement...... Now they want their house but these people are not giving possession....what action can be taken....any suggestions?
SSng Aulakh
11 January 2015 at 19:34
Hon'ble Court while admitting Documents submitted by Plaintiff and Defendants, some of the documents are marked as "subject to prove"
i. At what stage of the Suit proceedings, the Plaintiff and Defendants Prove their respective document ?
ii. What method or procedure should be used to prove their respective documents ?
Mustafa Bhat
11 January 2015 at 19:34
Sir,
I am a Muslim married to a Muslim lady in 2007, they lady right from the very first day of marriage was arrogant & used to abuse my parents, I beared all this with the hope that the lady will change, Out of wedlock two babies are born one is dead & other is alive, As the lady didnot changed her attitude & even didnot return to her matrimonial house after the birth of 2nd baby who is alive. then in December 2009 I posted Talqnama (Divorce)& conveyed her about the divorce, she refused to accept the registered post letter which was containing Talaqnama.Then in September 2010 I married with other lady.Immediately after that the first lady filled RCR, In reply to her RCR in court I submitted that the lady is already divorced & submitted the divorce deed also,the case was later dismissed by court on the ground that the counsel of plaintiff is not pressing for it.She also filled maintenances petition for baby as she herself is govt employ which I accepted to pay. She filled FIR for 498A & 406 also which is under trial in court. She filled complain in my office also for bigamous marriage,were in two enquirers were conducted, which my department call Primary enquiry,were in the enquire office has written that the employ has divorced his first & contracted 2nd marriage without seeking permission.Then the Administrative department forwarded my case to law department for legal opinion, the law department suggested that the employ be asked to produce some order from court or some judgement from court which will show that the divorce of employ is legal & has contracted his second after the divorce.
So on these point another enquiry has been ordered against me were in my head of department has been kept as enquiry officer.
Now, my submission is
1) were from I will get the court direction as I have not given divorce through court.
2) The lady has again filled an appeal in RCR, the lady has till date not challenged the divorce.
Please advise how I will get out of this trouble.
What steps I need to take.
Anwaar Mohammed
11 January 2015 at 19:24
Dear Sir,
I am final year law student of Madras Law College. I request your valuable proper guidance to proceed further in the following matter. My father executed a Settlement deed of a property in Madras in my favour during the year 2011.
On receipt of the Settlement Deed I approached the Tahsildhar Office for Patta. The officials of the Tahsildhar office came inspoez, surveyed the settled property. On verification of the Settlement Deed, they have informed that the Survey Number as per their record is 100 and not Survey No. 101 as stipulated in the Settlement Deed of 2011. It is pertinent to mention here that my father at the time of settling the property all the documents from 1919 onwards, in all these the documents the Survey No. has been mentioned as 101. The Tahsildhar office refused to issue patta and instructed me to furnish Rectification Deed, after that only the revenue records will be changed and patta issued.
When I approached the Sub-registrar, to execute the Rectification Deed with format, but he refused to accept the rectification deed and suggested to execute a cancellation deed of the Settlement Deed already executed during the year 2011 and to execute a fresh Settlement Deed by my father with change in the Survey No. as 101 and to pay full stamp duty of Rs. 25,000/- Plus Rs.4,150/-.
I request your good self to kindly guide me whether there are any Law, in the Registration Act, and the Rules framed thereunder or orders of Tamil Nadu Government to execute rectification Deed on nominal stamp duty and charges in the Settlement Deed, to the extent of Survey No. only.Or whether my father has to execute cancellation deed and execute fresh Settlement Deed in my favor.
I request your early reply.
Thanking you,
Yours sincerely,
Faiz Mohideen.
S. Fernandes
11 January 2015 at 19:15
Respected Advocates,
I am a lay person, representing myself in execution proceedings in Goa.
In these proceedings I have attached property of the JDs.
The attachment was carried out by beating of drums, pasting the warrant under O-21 rule-54 on the gate of the property, the court house, the collector's office, village panchayat, and the sub-registrar's office.
A) I do not know if publication is required, as the cpc does not say so. It only says proclamation by beating of drums or other customary method. However as a matter of abundant precaution, I made an application to the court to have a public notice published in the news paper in respect of the attachment. However court denied the pray, but the judge wrote on the application that public notice may be given by DH privately.
Hence yesterday I got the notice published through a lawyer who is not on record in this matter, as I felt that a lawyer's notice would taken more seriously.
On second thought however I am wondering if a publication put by a lawyer not on record may be invalid???
1) Kindly advise if a publication is required.
2) If in the present instance the publication by a lawyer not on record will be invalid.
Thank you for your assistance.
Siddhi Agarwal
11 January 2015 at 19:02
A society has issued share certificate in the name of three relatives i.e. mother (died intestate)+ son + daughter. Mother has expired on 1.9.2013 intestate and the other members on record in the share certificate has asked for deletion of her name. Pl. suggest the right procedure to be adopted.
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Related to housing association
Hello Expert,
My relative, a retired person, owns a flat in mumbai suburb. Flat is given on rent & the rental income is his source of income.
There are 4 buildings in the association.
The recently elected president has taken up
staircase renovation work (replacing simple stairs with marble tiles)
& upon the completion of the work
is asking the retired person to pay up Rs 15000.
Flat owner was never informed about the
proposed renovation work & amount to be paid until the completion of the work.
Further, such renovation work is not carried on by the association. It is done only in the building where president stays.
Being unable to pay, my relative is warned
that Rs15000 would be collected with interest.
Monthly society charges are being paid regularly
by the flat owner.
My question:
Before starting the renovation
work, the same & amount payable were never
told to the flat owner,so
1)Can the president file a case in police station to recover the amount?
2)Can a case be filed by the president in the court?
3) Housing association has not issued any copy of bye laws until so far.President proposed to make a clause where by Rs 15000 shall be recovered with interest at a later date. Is this valid?
(There are 20 flats in the building. Five members are unable to pay.)
Kindly reply.
thanks.