RAMJI
21 August 2014 at 18:31
Dear Experts..
This is a consumer complaint on which dist forum made order, i appealed at state commission against the order. Two hearings over at Registrars court, last hearing opposite party advocate appeared and submitted a memo to registrar asking to post this case BEFORE COMMISSION ON 26TH AUG 2014. I WAS given a copy too.
Now, it is not possible for me to appears on 26th Auh before commission, i am planning to request for alternate date..my queries are
1. Can i submit it as a reply to his memo that im unable to attend on 26th ...and ask for alternate date at the Registrars office?
OR should i submit a memo on the same TO STATE COMMISSION.
2, Can it be a fresh memo or reply to memo of OP?
Thanks Regards
Ramji
Arif Ali (Apt Co Advisory)
21 August 2014 at 18:18
Dear all Sir,
I want to know about that notification for increased wage ceiling limit for PF & ESI has been issued or not. If yes then please mention the date.
Thanx
kadhiravan
21 August 2014 at 18:06
Dear All,
Please advice for the following issue.
I have rented my two shops for rent on rental agreement in which one shop(medical shop) agreement expired in 2013 and the other one(chaat shop) in 2011.
Now the tenant don't have BBMP Trade license to run the shop from the day one of the agreement now the BBMP Health officer have warned him to get trade license and i have not given the required document to apply for the trade license because he is very rude and not willing to do renewal.
Now he is applied for the license with out my knowledge and forged my signature in the owner approval form.
Please advice what action should i take now and whom should i approach and what is the procedure i should follow.
Please advice
Sincerely
Kadhiravan
shitanshu
21 August 2014 at 17:50
Sir,
The property of my grand father was partitioned in year 2000 between following statkeholders.
1. My grandfather himself.
2. My Father and his two younger brothers. (Total 4)
The partition took place in front of some distant relatives (panch) and details written on white paper were signed by all stakeholders and panch. the partition deed was not registered anywhere.
Now, after demise of my grand father and grand mother his share has been illegally captured by my uncles..Moreover, my father didnt get any share from ancestral land owned by my grand father. Sir can I file a suit for claiming my share from my ancestral property..Or can I file suit for re partition of property between my father and his brothers.
Advocate M J
21 August 2014 at 17:37
Good evening respected Members
The defendant filed objection before hon'ble court of DRT , can the applicant file counter objection. which section of SARFAESI Act applies for it
thank you
Naveen
21 August 2014 at 17:09
Dear Sir/Madam
I use to stay at Bangalore in a rental property and the same of covered under proper agreement for 12 months (till July 2014)
As per the agreement, I had paid 100000/- as an advance amount with rental of 13000/- per month and 10% increment on yearly basis, there shall be one month notice either side for vacating the flat. I had given one month notice to my Flat owner and vacated the flat. I had cleared all the dues to the Flat owner. Now the flat owner is making an obligation that the notice period is 3 months and he/she had signed the agreement without noticing that. For that he is deducting one month rent for wear and tear expenses which was not at all mentioned in the agreement. He is not even attending to my communications.
Please advise me to how to get my money back.
I have only photostat copy of agreement and but I have all maintenance bills on my name from the society for last 12 months.
Please suggest me for the way forward to come out my situation.
Regards,
Naveen
PUNIT
21 August 2014 at 16:38
1. My great grand father had alloted a shop in1945. 2. he made an unregistered will in 1955 with partition in 2 parts. 3. One part is assigned to brother of my grandfather and in second part 3 brothers were equal partener. 4. After death of great grand father in1960 , in 1971 first part of the shop was gifted to my father by gift deed registered in SR office. And second part which was of 3 brothers , had an ikrarnama which is unregistered and two brothers of my grandfather leave it to my grandfather in 1971. The ikrarnama was signed by two witness and tasdik by tehsildar but not registered. 5. Second part was willed by my grandfather to my uncle and attested by notary. now we want name transfer in munciplity , but they refuses and says that ikrarnama should be registered also require death certificate of my great grandfather who had died in1960, 6. Can we say them that /aggrement was mandatory to registered after 24/sep/2001 and in our case it is on stamp and executed in 1971 so at that time registration was not compulsory. Also we dont have death certificate of my great grandfather of 1960 can we say that death registration was made mandatory in 1970 in India and at that time death certificate was not mandatory. In ikrarnama it is written that my great grandfather had died but date is not mentioned. Please help when i consult with a local lawyer he states that civil court can not take these type of case against municipality for name transfer.
Pravin Nadkarni
21 August 2014 at 16:09
In the Cooperative Court u/s 91 of MCS Act.
Brief Facts: It was contended by the Disputant (member of a coop. society) that there was excess maintenance charge collected from him over the period because a wrong method (already proved as per Dy. Registrar's orders & as per subsequent General Body) of levying monthly charge was adopted by the Society. The Disputant also contended that there are multiple members who are also affected being in the same class as he is, and therefore have the same interest. The Opponent Society Management Committee (without having called for General Body Meeting on this subject matter) decided suo motu that the other members have shown any interest. The Disputant argued that no member is made aware of this suit and hence managing committee cannot assume that there are no members have the same interest. The Disputant also argued that the purpose of Representative Suit is to minimize the repetition of the suits on same subject matter.
The Cooperative Court Judge observed that there is no provision for CPC's Order 1, Rule 8 when the dispute is filed u/s 91 of the Maharashtra Cooperative Societies Act.
The judgement states that since Society is representing the members and is opposing this dispute, therefore it can be very well presumed that all members also opposing this dispute. To me the judgement fails to recognize no such discussion took place vide General Meeting.
The judge however while deciding as above also states that if any member is aggrieved by the aforementioned act can approach court. This is where I find dilemma, that if the Disputant wins the case, it will lead to multiplicity of the suits related to same subject matter (overcharging of maintenance), unless O1-R8 is granted.
Can anyone suggest if the judgement is right or wrong? Reading of Section 91 MCS Act is essential to understand this particular problem.
Thanks,
Pravin Nadkarni
C Mohan
21 August 2014 at 16:00
Sir,
I have served a subsidiary office of govt. of india for 17 years and my services were terminated in the year 2009. I filed the case in the year 2009 and this case was put in regular matters or can say had put in the "Rule" category in March, 2010. As on date more than five years have been passed but the case has not come out from the rule category.
It is requested to kindly let me know how much time the High Court of Delhi will take to take out my case from Rule category / regular matters.
As on August, 2014, which year's ruled/regular matters have been come up.
Kindly suggest.
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When affidavit of evidence is filed by defendants in civilsuit
Please inform me : in a civil suit at which stage the defendant is supposed to file his affidavit of evidence ?
a. Before cross examining Plaintiff on Plaintiff's affidavit of evidence.
or
After cross examining the plaintiff.