jatinkumar
07 September 2014 at 19:50
Dear sir,
Our bldg was constucted i 2004 and in 2005 th possession was given to flat owner till then our bldg is not registered. We all flat owner are maintening the bldg maintenance. Now one of our flat owner has not paid maintenance charge from many year,and we have came to know that he has sold his flat to other person. Now sir let me know how we can recover maintenance charge. Awaiting for favourable reply pls.
ANINDYA
07 September 2014 at 19:48
I was arrested along with my father on 20/05/14 on the basis of fake allegations brought by our Landlord under sections 341/323/384/385/34 IPC.
We were granted bail on 22/05/14(J/c for the 1 day in between).
In the charge sheet subsequently submitted by the I/O (on 24/05/14) prima facie charges u/s 341/323/506/506/34IPC have been established & the matter is to be tried in an open court although no document in our possession was examined by the I/O neither did he even speak to us.
My father has a prolonged dispute with the said Landlord and we have a permanent injunction(decree) in our favour since 2006 (the order still stands) over the premises we live in. Our tenancy over the premises was approved by the Court & the Landlord was permanently restrained from interfering with our peaceful possession.
I wanted to resolve the dispute between my father & the landlord. He willingly entered into a sale-agreement with me (& my mother, the prospective buyers)in April 2007 to sell the suit premises but failed to execute the contract owing to the fact that the power of attorney given to him by other heirs(his sisters) to the said property was not registered.He entered into 2 further agreements in July 2007 & in Nov 2007(seeking more time to get a registered power of attorney) but eventually could not lawfully transfer the property in our favour.
He filed a Misc Case (Civil Suit) in 2012 (to vacate the injunction)and we have filed a suit under Specific Performance of Contract a few days ago(We now realize it should have been done long back).
Presently, I have been selected for a Gr-A service under W.B Govt. and the police verification is impending for the same. Will I be able to join my new post?
If there could be any problems for the new job what are the earliest possible solutions? The Landlord gentleman having retired from service in 2013 is not interested in a compromise though.
Amit
07 September 2014 at 19:38
I know one govt. officer who is having a criminal case going on against him (as an accused for murder, cheating and rampering with evidences etc U/s 498A, 302, 304(3), 201, 202 IPC). He has been exonerated by the Sessions Court but the petitioner has filed appeal in High Court and the High Court has admitted the appeal for final hearing. During the period of trial in Sessions Court, the Govt Officer was suspended, but his supension was revoked and he was re-instated in service after being exonerated by the Sessions court. Now, his case is going on in High Court.
My query is whether that Govt Officer ca continue in active govt service while the criminal case is going on against him in High Court, or should he be suspended again till a final decision is given by the High Court.
Thanks in anticipation
Aashu
07 September 2014 at 19:11
My elder sister married to a person who has promised my sister that he has applied for divorce to his earlier wife to make her agree for the marriage in a temple.
2 years have past but till date he has not divorced to his earlier wife and even started living with his earlier wife and started ignoring my sister.
He is so clever that before marriage he prepared my sister to sign on a paper where it is written that "he is marrying to my sister as they both want it but has not yet divorced to his earlier wife".
What can we do now against him?
vinay
07 September 2014 at 18:37
Dear sir,
I am loooking flat in pune but property tax is not on bulider name its on her friends name can bulider sell same property to 2 person builder is tilling that he has not done the aggrement for same flat .
1.How is the name transfered to the property tax without making aggrement.
2.Can the bulider change the name of this friend after my aggrement .
Regards
Vinay
PARAMJEET KAUR
07 September 2014 at 18:02
Sir,
I am LL.B graduate and will be get enrolled soon. My query is "WHAT ARE THE CONSEQUENCE OF CONCEALMENT OF REGISTERED ADDRESS AFTER CHANGE BY PLAINTIFF
I HAVE A CIVIL SUIT IN WHICH PLAINTIFF IS CONCEALING HIS NEW/CHANGED ADDRESS THEN WHICH APPLICATION SHOULD BE FILED FOR DISMISSAL OF SUIT IN A CIVIL SUIT i.e. PERMANENT INJUNCTION
The case is at P.E. stage. After 2-3 days of filing the case,the plaintiff went to reside some other place but locked his possession and consistently concealing his present new address from the trial court now i get aware of his new address. Now please tell me which application should I file for dismissing the suit.
Also refer me some citations.
guardianbachav
07 September 2014 at 16:49
1-My sister got married in 2002.
2-During/before marriage husbands birth year shown as 1970 actually 1968 (wrong information) orally given by him.
3-child birth in 2003, during that delivery charge was paid from mothers a/c .which was not informed to her.
4-boys name registered (Mast.A).Name told to mother different then registered in BMC
5-After that he took LIC , Bank A/C , Rationing card of child in the name of second name (false name) He managed to change name in birth certificate by over writing the same and not officially got it change.
6-he also took school admission in false name by submitting over written certificate only.
7-then he gradually gradually mentally harass by asking kind in terms of house hold items.Also child's daily usages.
8-he always stated wrong salary and when she asked to show or proof of bank statement then he use to tell that pass book is in office etc.He use to make one or the other reason.
9-She was not at all comfortable in her laws house which was also a joint family including his elder brother- in -.law.After four years of marriage they decided to separate their home.
10-They took home on rented basis.There they lived for four years.
11-In the mean while he loosed his job,He did not bothered to inform his wife.this continued over six months as per his words.
12-There after he got part time job for which he was not giving any information such as location of job, timing of job etc.
13-He started more mentally harassing by what she does not wanted to do thing like, he will not allow to her go maiden home.
14-if she comes then also will restrict to come limited number of days and always ask to come back to laws house or else stay permanent there(maiden house).You are now my property.
15-Then he stated that he has booked new home for them at Palghar (HDIL scheme) 1BHK.Then at later stage he told home is on loan basis which he earlier told that it is full payment is done.That gave areally shock, then he was telling that he is unable to pay loan interest for the same.
16-During these period he was also not bothered about child's education. He never attended his school parents meeting.
17-He was also not trusting her, and will always go alone for school fees payment and never told how money for the same was arranged.
18-After loosing his job he force her to stay in joint family as he is jobless.After agreeing to this they once again moved back to joint family with his elder brother.
19-Gradually along with his elder brother both of them started mentally torture her by saying you will not be allowed to eat specific items,will not be allowed to go out.They were not allowing her to go out even for purchasing vegetables. You are unlucky for our family as there are three deaths after you married with me(all deaths were a natural death).
20-He stated that you are our maid, wash these clothes and utensils only. Although there was washing machine at home .They both will not allow to use it.
21-Also they were not providing sufficient food to her.
22-Also after moving to back home and ask to keep mouth shut and not to inform anybody about his unemployment.Or else you go to back to your fathers home.
23-Also child's basic vaccination (like polio, etc needed in childhood) he refused to give and if you want to give,you manage yourself.Then she used to come for the same all the way to maidens home(These all were free vaccination which government provides.)
24-Some time it also happened she was late in collecting her child from school and always telling she is late as she had lot of work at home and could not go before completing it.This was enforced by her brother-in-law.
25-When we asked the same her husband refused for the same and told us not to interfere in his home.This is not your job now she is my property.
26-During child's school summer vacation she was not allowed to come to maiden home and was refused by her brother-in-law and by her husband and reason told was where we will go for food.
27-One day all of a sudden her husband called us and told you please take her for vacation.
28-but when we saw her ,her health was very unfit or un healthy. She had almost reduced to half.When we asked her husband he started ignoring to our questions.
29-later on stated you keep your daughter with you.
30-She was tortured a lot during this period and went to severe depression.He was also fighting with us over the phone calls with bad words.
31-After getting her to maiden home.We started her medication but doctors opinion was that she is fully mentally tortured a lot.
32-Mean while he also stated that I can not take care of child and you manage his education.
33-He removed his school admission and handed over Leaving Certificate before securing admission at other place.
During this when we asked for legal documents of child like birth certificate, then we came to know that he had manipulated /altered birth certificate.
When we asked that school asking without modified school certificates then he got it from his BMC office but once again he altered over writing name and gave us.
Also he did not provide us with ration card copy/original. He stated that he has lost it. Some time he also stated, I have applied for new as our name has been deleted or canceled (Child, father and mothers name from the ration card).
Then he told us to take child school admission on the basis of bank passbook or LIC as home address proof. Also this are valid documents instead of ration card.
Procedure for the change of name is given and completed by father (partially) And no copy of aff-it-davit submitted by him in procedure of change of name is shared with us.
From April'13 till date medication is entirely done by maidens house. He has not given any single rupee for the same nor he has paid his child's education and his medication.
We have photocopy of marriage certificate only. No other legal documents given by him.
He is also telling now that he has lost her election card too.
We safety future for child kindly suggest on the basis of child's custody and his legal documentation required for future child's education purpose.
In the mean while if mothers death occurs, can he challenge custody of child legally?
What all sections or charges are applicable on him.
What all legal precaution needed for us?
What all legal cases he can file against us?
Now she is unable to even speak and recognise family members due to depression, Who can file a case on behalf of her?
Kindly suggest from above points which will not favour our case.
Amit jande
07 September 2014 at 15:52
Dear sir,
My question is
In partnership deed of 5 people
Mr K.W.K was financier and he left in 1958
Mr mr V.S.J left company in 1962. Dissolution is there but not with us.
Mr S.A.J left company in 1968.dissolution is there with us.now expired
Mr A.M.J joined company in 1968.
Mr P.S.J left in 1975dissolution is there with us.
Now mr m.s.j and mr a.m.j left in company and company continues.
Mr v.s.j has filed a suit in 1990 for property brought by mr m.s.j. Who is brother of v.s.j under hindu succession act.
He has only mentioned his claim about property and not about partnership in this suit.
During the suit 1995 mr m.s.j expired.
Now in 2014 he is trying to change matter of suit Saying he had not dissolved from company and he is still a partner.
Can he claim so after 50 yrs and there on in the civil suit filed by him in 1990.
Jennifer
07 September 2014 at 15:48
To brief my subject, bike (Royal Enfield Bullet) of my brother was stolen from our house on 01 Sept’14 during early morning hours (between 2-5 AM). As soon as we came to know about this incident, we reported to nearby police station.
Mistake from our side provoking this theft was; my brother 'as a negligence' was always leaving keys behind in the bike itself, although the bike was always parked inside our premises. Although we scolded many times but, he never cared. Now only after this incident he realized his mistake!
Anyways, Police came to the site for investigation and after listening to us, they informed that "this theft is not done by professional thieves but may be done by some friends of my brother". The logic given by them behind this conclusion was, "no thieve tries to steal such a heavy bike like bullet and they never came across such theft in past. As keys were always available in the bike, so someone knowing this foolishness took the advantage and stole away our bike".
But above all, our bike is stolen and negligence from our side does not make it legal for any thieve to take advantage of it and commit a crime! So we followed very closely with the concerned police station. We went to them several times, sometime they were available & sometime not. They always insisted on that, some of friend took away his bike and told us that they are searching our bike and hopefully it will be recovered soon.
During our several conversation with police, we often felt that they know where our bike is and with whom exactly. Actually, there are two guys in known list of my brother, who are a kind of ‘anti-social’ elements and surprisingly these two guys are having very ‘close n good’ relations with these local police. Even my brother is having a doubt on them but, not being sure about their involvement in this theft, we cannot take officially their name in our FIR. Even the concerned police officer is ‘indirectly’ taking their names and trying to force us to lodge a complaint against them, but not being sure we cannot do it. My brother tried to talk with these guys over phone but they denied having our bike.
We feel that bike is stolen by these guys, and police is already aware of it by their contacts. But to make money out of this matter, police is not trying to recover our bike. They need money as a bribe from us, amount yet not known, and may be they will also take or already took money from those guys to keep them clean & out of this case. We are trying to know how much money they need to get back our bike, but we are totally disheartened with such an attitude of Indian police. We don’t know what should we do legally & ethically to get back our bike.
Finally today after lots of chase up, police has lodged our FIR and we received its copy. It has now been a tiring chase for us. We don’t know how we can get our bike back and when. Please advise how should we deal in this case with the police and with these criminal guys? We want justice and punishment to those culprits, so that they don’t repeat it with others.
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Marriage in same gotra
I am 28 years old and living with my mother due to separation of my parents, they are mutually separated but not divorced from last 24 years, my question is i belong to brahmin cast, kaushik gotra and love a girl who put sharma as her surname ofcourse she is brahmin girl too, but the twist is her father's gotra is also kaushik and mother's gotra is Bhardwaj, we both love each other and it's fine to do marry for both of us, she is 25 years old, we both working and independent,but so far my mother denied me to go for marry due to same gotra, and she also concerned about future property issue from my grandfather's property, which I'd claim in future, although she(girl) didn't tell her parents about our gotra issue yet but I am worrying that what if they will also refuse about our marriage (although my girl told me that his parents have modern mentality because they allowed her elder sister to marry with some kayastha boy,but I know this is really different and difficult situation,my mother's side relatives are also conservative mind, I am pretty sure they will also put hurdles, please help us out soon, we love each other and want to get marry, please please tell me how it'd be possible with no future problem and with no issue in claiming of my grandfather's property from my father. I will be always grateful to you people. Thanks.