LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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roque   14 October 2014 at 16:24

Builder sending demand letters and stamp duty & reg is not done yet

Dear Sir / Madam,

I have purchased a flat in Kalyan in Feb, 2012 and was told that possession will be given by Dec 2014 but does not look it will be done by this time.

The work has started and 3 floors have come up, the flat cost is 29Lakhs and I have already paid them 40% of the money but till date the stamp duty and registration has not been done yet.

They keep on saying it will be done and now more than 2years have passed

My question is that is it fine to pay the money as per their demand letters if Stamp duty and registration is not yet done ??

Pls advise
Regards

Sundram N   14 October 2014 at 16:16

What next action if quash not allowed


Dear Sir(s),

kindly share your valuable advice that if high court did not allow quash of 498a case then, can i file for revision before the high court in view of taking time so that my bail will be confirmed by high court in the mean time . As i am in provisional bail. mediation is failed and bail hearing is to be started.

opposite party always follow the case as they have time only for this and their approach is disallow the quash petition first then bail petition will be brought before the bench for hearing.

if revision is not possible before the high court then what can i do ?

kindly suggest .

Jacob M N   14 October 2014 at 16:00

Sexual harassment

Hi, The IPC now has Sexual Harassment (SH) as a distinct offence. Can can you tell me why exactly we need another one as SH at Workplace. Can't the SH at Workplace be handled under IPC?

What exactly is the relationship between the two enactments dealing with SH?

Would greatly appreciate clarity on this

Vipesh   14 October 2014 at 15:35

Two landlord in pagdi system

Respected Sir

We are having a Tenanted Residential House Pagdi System) in one of the building of South Mumbai in the name of my Father. The New Landlord wants to Re-develop the building. Initially he was not ready to make the Agreement with the Tenants for Redevelopment & so we (Tenants) did not give our Irrevocable Consent to him & so he filed a suit for Eviction against us in the Small Causes Court Mumbai.

Now we have reached a settlement wherein the Landlord is willing to Execute an Agreement with us & withdraw the case against us .

Now the Problem is – A new person has emerged claiming to be the Landlord of the building. He has filed a case against us in the small causes Court for Eviction. He has also filed a case against the New Landlord in the High Court of Mumbai for Title of the building.

Now in the case of the second Landlord we have filed a reply in the Small Causes Court that we are not willing to part possession of our premises to the first Landlord. Moreover the Second Landlord does not have any valid documents showing purchase of Property except a Gift Transfer Deed.

Now My Query is

1) In the above case can we give Irrevocable Consent to the First Landlord. The first Landlord is having all valid purchase documents towards purchase of Premises

2) The Second claiming Landlord just seems to Blackmail the First Landlord so that he can make money from him & then he can withdraw the Court Case

3) In the case can we be at any fault OR Contempt of Court, etc if we give Consent to the First Landlord.

4) The Court has passed Injunction order against us for the First Landlord. But now we have settled the matter with our First Landlord & we want to give consent to the First Landlord so does that Injunction Order cause any problem to us.

5) In the case of Second Landlord the Court has not passed an Injunction Order against us, so can we give consent to the First Landlord

6) While giving consent what documents will be required by us from the First Landlord so that we do not face problem in the Court from Second Landlord.


Thanking you in Advance

True_Fighter   14 October 2014 at 15:09

498a, dp act & marriage annulment : consanguinity

Hi Learned members....

Request you to help me to handle, analyze and solve this case

Situation of the case in short
A: Women
B: Man
PW1: "A"
PW2: " A's" mother
PW3: "A's" father

1: A married B, parents from both sides were not aware of this marriage.

2: Relationship between A & B falls under prohibited degrees of relationship as per Special Marriage ACT (1st Cousins)

3: When parents from both sides got to know about this secret marriage, parents from both the sides opposed for this relationship, however...."A" and her team ended up filing 498a and DP 3/4.

4: "B" was arrested and released on bail after spending few hours in JC.

5: Trial of 498a, DP 3/4 has started and PW1, PW2 & PW3 have to come and record their statements.

But PW1, PW2 & PW3 are proposing MCD during out of court talks.

As the relation between A & B falls under prohibited degrees under Special Marriage ACT, MCD stands no good. Divorce/MCD is applicable for valid marriages only and not for consanguinity.
(Correct me if I've mistaken)

I request the learned members to share a draft copy which can be used for annulment process under consanguinity. And also necessary citations.

Looking forward for valuable feedback and the draft copy as-well.

gopal   14 October 2014 at 14:51

Requesting guidance on execution application

Respected Experts,

my humble pranams

I have filed Execution petition before the District Consumer forum

after few hearings the JD came and show that the JD applied appeal

so the Judge pending the execution case and later disposed of.

now the state commission appeal is infavour of me so i would like to restore the Execution application again.

Kindly guide me how i can restore the Execution Application

What i have to submit to restore the Execution application.

thanks and regards
gopal

ramji kumar   14 October 2014 at 14:49

Nomination

My mother is owner of a house for 30 years in a co-operative housing society in Gujarat. Now She wants to register/record nominee for this house, to enable smooth transfer of house-ownership after her death. (1) Please inform us What are the step by step procedure. (2) From Where we can find nomination form, if required (downloadable ?)? (3) What is draft matter if a letter/affidavit is required ? (4) Where/to whom to submitt this papers ? (5) Also inform any other papers, needed for ownership-transfer in nominee's name, after owner's death.

trumit sumaria   14 October 2014 at 14:40

Interim maintainence

i want to reduce the interim maintainence, should i go for revision or appeal and under what section. the order is passed u//s 23 of dv. moreover i dint know that the order was passed 2m back as the case had come to a halt. what to do in this situation it is a delayed for appeal or revision? pls help its urgent

Ramanan   14 October 2014 at 14:19

Working on daily wages-service terminated

My sister has been working with Kerala state financial eneterprises ltd,(KSFE)a company owned by Govt of kerala under daily wages basis from June2000 at a brnach of the compnay at Kannur district.
She used to get her wages by way of cheque and encashed across the counter at the bank.

Effective from 1.0.14 she is not going to office as per instruction from the branch manager they have stopped daily wages employees.

Is there any chance of getting the employment back or benefit for service extended for 14 years?

Monika Negi   14 October 2014 at 13:45

Rights of tribal people of their land

what are the rights of tribal people regarding their land. As J.P industry has built its number of projects in Kinnaur district (ST Region) of Himachal Pradesh leaving the beautiful place with dirt and ecological imbalances. Due to the construction, roads conditions have become worse and the landslides have common in the area. Even though govt gives consent for the projects but the innocent villagers are manipulated to give their consent. i would like to know about their rights and what can be the appropriate steps to be take so that i can help my people to save our land, its unique culture and its beauty.