SATINDER
02 December 2014 at 09:17
Sir, one month backnI met with a car accident. While I was driving on ring road flyover, there was a traffic jam and I stopped my car, one more car also stopped behind my car. Suddenly one another car came with high speed hit the car behind my car and due to that impact the car behind me also hit my car. Due to this my car was also damaged. Myself and the driver of car behind me talked to the driver of car who did the accident and he admitted his fault and accepted to pay compensation after claiming insurance. We took phone no. RC, driving license and made a video of negotiation held between us. We also called 100 and thereafter informed IO about our settlement. Now after getting my car repaired, total expense incurred by me is Rs.19000 and I get only Rs. 9500 asninsurance claim. The person who is responsible for accident and who had agreed for payment of compensation above insurance claim, is now not responding and thus refused to pay the compensation (diference). Now my query is that what remedy is avaiable to me. Can I take any legal action against that person
Durgaprasath
02 December 2014 at 08:37
We have a ancestors property (land) on our title from year 1935. One of our relative has filed a case claiming that property in 1965 and he has won as well (I learnt that my grand father was deceived by our advocate and oponents by asking him to keep quite for all questions in court).
The opponenet won on the couple of appeals thereafter as well though all documents are in our name from year 1935.
Court has provided the opponents a permanent injection against us in 1965. But after that, in 1972, on plain paper, our grandfather got a release deed from the opponent's son while the opponent is alive (again cheated by them and now we learnt that son cannot give release deed while his father is alive)
After that, they never claimed title and the land continued to be on our name as per revenue records till date.
The opponents grand son has filed a fresh case in 2002 as a partition suite between their brother and sister and in that partition suite, he has included these lands as their own and asking court to recover from us and then do the partition.
His only document to claim the rights on this property is 1965 judgement on their favour. But all revenue records and official title remains on our name till date from 1935.
We learnt from some advocates that limitation won't apply here since he got permanent injection from court in 1965 and he can claim anytime. Some advocates say, after 30 years one cannot come and claim though judgement was in his favour in 1965.
Please advice. One of our relative (High Court Judge) told that only with judgement copy of 1965, the property cannot be claimed after 30 years though limitation might not be applicable since all the revenue documents are properly maintained by us from 1935 till date.
Need advice. Also looking for an advocate in and around chennai to lead this and provide an opinion.
Skeptical optimist
02 December 2014 at 08:27
District consumer forum ruled against a real estate developer, and asked him to return to complainant; principal plus interest in 30 days. After more than 90 days, respondent has not complied. From database of past verdicts involving respondent, I learnt respondent's modus operandi is to buy time by injecting delay at each step of 'execution' proceeding; and eventual compliance when about to be arrested (presumably, compensation interest rate ordered by the forum is lower than rate at which he can borrow capital from the market). So far, delays were introduced by absentism, claim of health issues, and getting stay order from state consumer forum.
Question 1: What are the other legal ways at respondent's disposal to inject delay into 'execution' proceeding?
Question 2: Do you recommend initiation of appeal for solvency of respondent's company (citing non-compliance of district forum order), in parallel? If yes, in case of potential later out of court settlement; is complainant (if he so wish) entitled to withdraw appeal for solvency OR complainant can ONLY initiate it?
UDAY KANITKAR
02 December 2014 at 08:12
Background -
- I sold a new, ownership flat, (with no loan/liabilities on it, has CC, OC) owned solely by me.
- The builder gave possession of the flat to me in March 2014 end , and I sold the flat in July 2014. The builder still is looking after the building, and society is yet to be formed.
- The purchaser needs a loan of Rs. 10 lakhs, towards the payment, to me.
- Now, the bank has approved his (purchaser's) loan, but is asking for a NOC to mortgage the flat, which in current state, only the builder can give as society is yet to be formed. The builder is asking for 2.5 lakh for the NOC which I do not want to give. (He already owes me 3 lakh against rent during the redevelopment period).
I need your help to know,
- Does a bank require a NOC from builder / society to mortgage a flat, which is an individual's owned property?
- Can a bank only disburse the loan only if it gets such NOC to mortgage?
- Isn't a physical possession of original 'sale for agreement' a proof enough for a bank to establish that the property to mortgage is not mortgaged by other bank/ financial institute?
- Please guide if loan can be disbursed without having such NOC, and under which act.
- You may suggest some way to get this cleared.
Thanks to all in advance!
jagjit
02 December 2014 at 07:19
SIR,
I HAVE FILED THE CRIMINAL REVISION AGAINST THE INTERLOCATRY ORDER PASSED BY FAMILY COURT ON SOME DATE AT HIGH COURT BUT THE SAME WAS DISMISSED.
NOW I HAVE COME ACCOROSS SOME OTHER DOCUMENT WHICH SHOWS THAT THE ORDER WAS PASSED IN BACK DATE (WRITTEN PROOF) AND NOW AGAIN I WANT TO CHALLENGE THAT ORDER CAN I FILE THE APPLICATION UNDER 482 OF CRPC AT HIGH COURT AGAIN AGAINST THE SAME ORDER FOR WHICH I HAVE FILED THE CRIMINAL REVISION. CONTENTION OF BOTH THE ORDER ARE DIFFERENT.
Suraj Kumar
02 December 2014 at 06:49
Please suggest child cusody lawer at CHINSURAH court having experience in custody case.
Suraj Kumar
02 December 2014 at 06:42
While court order to pay maintenance from the date of 01/01/2014 then on which date maintence to be paid for 1st month ?
Suraj Kumar
02 December 2014 at 06:38
1. Can a govt. servent nominate to his parents in place of wife due to strained relationship ?
2. Can nomination to wife deleted in servise record wihile wife refused to live with husband ?
sarika Pradip wabale
02 December 2014 at 06:11
Would take divorced before one year under sec. 12
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Time limit for filling chargesheet
Hi...
My Brother was caught by police around 1 year ago and an FIR is lodged against him U/s 420 of CPC Act. Now Case is before the District Magistrate in District Court since last 1 Year, But till now Challan /Charge sheet is not filled by Police Department. I have Doubt that department is voluntarily delaying the case by not filling the Charge sheet. My lawyer is also not doing anything in this regard; he is just waiting for Charge sheet. So I want to know;
1) Whether there is any time limit under the act for filling charge sheet by investigating police officers in abovementioned case?
If yes, then plz tell me with reference to section under which this is.
2) Whether this is a (case u/s 420 of CPC) CRIMINAL OFFENCE or CIVIL OFFENCE?
3) What will be minimum and maximum imprisonment in that case?
Thanking you in Advance.
Waiting for your Reply