joydeep chatterjee
13 November 2014 at 19:13
I am attached with a nationalised bank.I need your urgent legal suggestion in the following matter.
One of our loan account was classified NPA on 31.03.2013.after that bank issued notice under 13(2).
after laps of 60 days bank took symbolic possession of the mortgaged residential property.after that also borrower did not pay.
in December 2013 bank published e-auction notice giving statutory 30 days time.but no bidder came and sale was cancelled.
again on 03.08.2014 bank issued sale notice and sale date was 05.09.2014.
This time the auctioned happened and purchaser paid full sale price as per norms.Bank issued sale certificate to the purchaser on 23.09.2014.
Now the borrower contacted and requested the auction purchaser to forego the auction purchase since it is the only residence the borrower is having which the purchaser considered.
now both auction purchaser and borrower wants to amicably settle the issue and borrower will give 5 lacs more to the purchaser as per their mutual agreement over the auction price.
now both of them requesting the bank to mutually settle the issue.
purchaser told us that he will return the original sale certificate to bank and will give one undertaking/affidavit that
henceforth he will not have any claim/right on the auctioned property and the same can be returned to the original owner.
looking at the borrower's request and purchaser's willingness can bank/authorised officer mutually settle the issue?
If Bank can do then what will be the legal process bank should undertake by which bank will be safe guarded in future against any litigation.
This is to further inform you that the property was sold in Rs. 27.00 lakh and bank's due was Rs. 16.00 lakh. The rest Rs. 11.00 lakh is lying with the bank which bank is liable to pay the borrower.Bank only issued sale certificate but registered sale deed has not been executed in favor of purchaser.
Sir, I understand that i have made a long writing but i want all to understand the issue thoroughly.
so i request all the expert to convey their opinion urgently as bank is willing to settle mutually but after safeguarding litigation.
Thanking you in anticipation.
navin
13 November 2014 at 18:58
i am holding a moneylending license in karnataka.my query is people leave (vehicle possesion)there bikes & take loans from me,few days back the registrar of money lending officer told that lending money by pledging vehicles doesnt come under money lending act.please let me know what license to be taken to pledge the vehicle with us where vehicle possesion is with us so that no future hurdles come in future.
omprakash agrawal
13 November 2014 at 18:53
There are four Tanents having different buisiness . I was filed cases for fixation of rent separately on each tanent . Trial court gave a common judgement for each of tanent separately .Can they file a common appeal jointly in appealate court ?
Anonymous
13 November 2014 at 18:48
My cousin's brother' wife has filed DV complaint and 498A against her husband, in laws and also against me. Her allegations are oral and routine in nature without any documentary proof. She alleged about physical assault by her husband, in laws and also by me. Thereafter making compalint 100 and written complaint to police. Till date documentary evidence i.e police diary report or written complaint filed after a lapse of almost more than 2 years. FIR is registered u_s 498, 406, 34 and IO filed chargesheet against us without diaclosing any material evidence against us except statement u_s 161. In fact her all allehations are never happened and does not exist. I am surprise as to how the IO has filed chargesgeet for those offences which actually never exist at all. Matter is listed for scrutiny of document and argument on charges. IO also wrongly mentioned my residential address as the address of her husband.
My query - remedy available for me. I have RTI information provided by police saying that no incidence as alleged by that girl had ever happened, no 100 no. Call and no written complaint against me.
Anonymous
13 November 2014 at 18:45
My cousin's brother has filed DV complaint and 498A against her husband, in laws and also against me. Her allegations are oral and routine in nature without any documentary proof. She alleged about physical assault by her husband, in laws and also by me. Thereafter making compalint 100 and written complaint to police. Till date documentary evidence i.e police diary report or written complaint filed after a lapse of almost more than 2 years. FIR is registered u_s 498, 406, 34 and IO filed chargesheet against us without diaclosing any material evidence against us except statement u_s 161. In fact her all allehations are never happened and does not exist. I am surprise as to how the IO has filed chargesgeet for those offences which actually never exist at all. Matter is listed for scrutiny of document and argument on charges. IO also wrongly mentioned my residential address as the address of her husband.
My query - remedy available for me. I have RTI information provided by police saying that no incidence as alleged by that girl had ever happened, no 100 no. Call and no written complaint against me.
isha juneja
13 November 2014 at 18:34
Hi,
can anyone tell me about the procedure of divorce when the husband having the Indian nationality and the UAE citizenship as well since its his birth place and his wife having 3 (Indian, Saudi & UAE)
loyolagbabu
13 November 2014 at 17:52
Dear Experts,
I gave a exam for a post in a Central Government Organisation.I have done extremely well and was expecting a score of above 85 - 90 (out of 100) and was confident of clearing the exam unless the cut off goes more than 90. But in the written result my name was not available and I was shocked to see the cut off at 70. I am 99% sure that I would have not scored even less than 80 as there was no negative marks.
I filed an RTI by the end of September seeking copy of my OMR sheet, question paper, official key and detailed marks of all the selected candidates. But even after 45 days of receipt the PIO didn't provide the information which sought. I tried to contact the PIO via phone and mail to know the status by all my attempts were in vain. I already had doubt that something has gone wrong and now the silence of PIO in giving the information doubles or even confirms my doubt.
As I didn't receive any reply from the PIO, I have directly filed an appeal to the CIC to direct the PIO to provide information and punish with fine for his negligence.
Now my doubt is,
What if the PIO mentions that he sent by normal post which I cannot prove that I didn't receive unlike speed post or register post.
The interview falls in another 10 days and the decision from CIC might take a maximum of 90 days during which the entire process of recruitment would have completed.
Thirdly, the organisation is in Hyderabad. Can I file a writ in Chennai High Court? or should I have to go to CAT instead of court?Should it be filed in Hyderabad only?
I will be thankful if the experts provide me advice about how to proceed further and whether I am on right track.
Thank You
Raj
13 November 2014 at 17:36
a manufacturing unit of automobile parts. they using cotton gloves for heat processing. so they claim ITC on gloves and paint marker using mark on the part for manufacturing process. But tax authorities said we could not claim ITC on safety and consumbale items. It is correct or not. kindly clarify it.
Rajan Kumar
13 November 2014 at 17:33
Hello,
I am from North India & working in Bangalore from past 4years.
My son born in May2013 (in Bangalore) and within two months I applied & received his birth certificate ,bearing his name as "Gauransh".Getting it was an easy and simply process.
Now , after more than One year, due to personal reasons I want to change his name to "Ojas".
What is the procedure to change his name in his Birth Certificate? Kindly help me.
Regards,
Rajan
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Lodging fir for ipc420 in propery deal
i was sold a property two property dealers.
1. Agreement to sell was done by one Mr. H to me and Mr. S was the Witness in the said Agreement to sell in year 2008 for one plot out of a chunck of lanf.
2. I made full and final settlement of payment and a final receipt of full and final payment was done. On this Mr. S is the witness.
3. Since the registrations as small plots was prohibited for the said land i could not get the land registered.
4. Now have come to know that Mr. H was not the owner but his sister in law was the owner.
5. Sister in law of Mr. H has issued a power of attorney in favour of Mr. S who was the witness and the dealer in the case for the complete chunk of land.
6. Mr. S has already executed the registration on using the said power of attorney in favour of some other cliend for the entire chunck of land. I have got the jama bandi and the sale deeds.
Please advise what legal remidy I can take.