Bhavik Mehta
01 May 2014 at 17:19
Parking charges in society which is newly registered. In total 220 flats out of 3 towers of 14 storeys. Society in general meeting decided to charge parking charges ie is Rs 300 for four wheels and 150 for two wheels only from tenants. Owners will not have to pay anything. The maintanence clause in leave license agreement does not specify about parking anywhere.
I wish to know whether it is correct by law to charge only tenants. If NO pls share the provision or section which I can refer to society when they forces me to pay it.
JEETENDER NANDU
01 May 2014 at 17:07
Dear Respected Sirs and Friends
I am a Company Secretary and Trademarks Attorney. I am a very junior person.
My father has a flat in a tower and in the same building we have a parking garage on ground floor, this is closed parking garage and we are in possession of this garage since last 13 years, now i want to start my Company Secretarial practise and open office in this parking garage, but society is not permitting the same, however we have managed to take a Shop Act License and an separate Electric Meter for the Garage. Also we have Allotment letter from builder that Garage is alloted to my father. My question is can I legally start my office from this premises. In the Municipal records the area is shown as closed parking area on ground floor, its inside the building structure. i am not making any alterations in the structure but i am just putting a shutter on the garage.
Please give your precious suggestions and advice on the same
Thanking you in anticipation.
RSK VICTIM.
01 May 2014 at 16:45
sir,
my marriage was on 7th sep 2013. I choose a lady considering her education and character. after three months only I came to know that she had cheated me on her qualification and character and she is a feminist basically and she hided it on betrothal. she is form a poor family and me from a middle class and I never asked for any dowry. she did all these cheating after studying HM act 1955. when I asked her about this cheating she tried to threaten me by attempting suicide but I could not take any action against her because she was at my house and she is not willing to leave my home and I had to get more evidences. I am an NRI and the evidence with me is only telephone conversation recording and mail. I can never live with her and I have to be get separated. Sir could you please advice me which type of case could I file against her. can I file a divorce case on the grounds of cruelty. Whether the court will consider these documents as evidence.
I kindly request you to help me on this matter.
thank you.
Anuradha
01 May 2014 at 16:39
Hello,
I'm asking this on my husband's behalf. We have a 2 bhk flat in Jamshedpur. We bought that flat with 13lakhs in 2010, From last 3 years we are trying to sell it off but nothing worked. People want to buy that flat in 5 lakhs, 8 lakhs but nothing fruitful. Due to shortage of money we couldn't get it registered also. From last 3 years we are in ahmedabad & the flat vacant there, we are not getting people for rent aswell. But the EMI is 19000. We are suffering and cannot afford to buy a good property not life is secured. All the money is getting occupied their. Now we are planning to surrender the home & loan to bank, knowing all the negative points of doing so. We know by doing this we won't get any loan in future but even rightnow we are unable to get loan because of faulty situation & so much EMI.We applied for loan but failed. So, We are fed up now because even without surrendering the loan amount we are not getting loans. So please guide how to surrender ? And will their be any legal process against us ? Kindly guide & help us.
ADV-JEEVAN PATIL, MUMBAI
01 May 2014 at 16:16
Can legal opinion given be changed second time
Kvijay12345
01 May 2014 at 15:23
Regarding my last query about the unsecured loan from bajaj finance and the complain filed under section 138 of NI Act by bajajfinance; Expert ajay sethi has asked about the defence. My friend has taken the plea that dates,amounts have been filled in by finance company without any authorisation.I have evidence to prove that the cheques issued were for security purpose.
As Expert Ravinder.P have stated that Cheques given for the purpose of surety does not attract sec. 138 of NI Act. The bank has only one option that is recovery of money by filing civil case.Is there any HC or SC citation for above situation of security cheque?
Kiran
01 May 2014 at 14:14
Hi,
I am asking this query on behalf of my father, please advise. My grandfather has 3 sons and 1 daughter. Out of three sons one is already died. We own a house in pagadi system in Mumbai and we are staying there for more than 40 years now. My aunty is married since more than 40 years same with my uncle also. My uncle left the house 35 years ago and since then we are staying there. My grandfather didnt made any will. Now the house is in my fathers name. My uncle demanded for his share two years back to which my father, the landlord and my uncle mutually agreed for an amount of 6.5L as his share. We requested him for a period of 2 years to pay this amount to which he agreed but now he is demanding more as per current market rate. We want to solve it amicably and are ready to pay them as agreed. We would like to understand in such case when house is in my fathers name, can my uncle demand high amount other than what he mutually agreed to? What should be the legal share for my aunty in this property?
Abdul
01 May 2014 at 13:48
Hi,
This is Abdul.
As I written in early blogs, I had given complaint to the higher police official (ADGP) and home minister about the illegal violent act against me by a police officer accompanied my wife on 17.3.2014. by entering the house where I was staying which is unfortunately in her name. But we are not divorced and still a legally married couple. From the home ministry I got a letter on 22.4.2014 that the complaint has been forwarded to the IG in my region.
But I am shocked to see that I got the letter in my home town from ADGP and it says there is no such incident happened that day and no police officer had done that act. There were neighbours witnessed the incident and I am not sure what happened. I just don't want to leave this just like that. I am ready to take this to any level. This is just because they have done that act (police officer entering the house along with my wife where I was staying my wife, though it's in her name and abusing me and throwing my stuffs outside.) clearly against the law. Though the neighbours want me to inform the incident to the media and make it to be known to the world, I just prevented them that day, otherwise things would have been different now.
Please guide me as what should I do next against them though I just want to keep silent about my wife as of now. Should I go to human right commission or court? I am thinking about filing an RTI to ADGP as what are the enquiries they done? whom they contacted, statements from them etc...
Prakash
01 May 2014 at 13:16
Ld Counsels,
In an assault case Accused came to know the original criminals who assaulted the victim only during the final arguments. He made inquiries by making phone calls with certain witnesses and recorded what they told him, but those witnesses are afraid of coming to court and depose in favor of accused.
Can accused seek for re-examination under sec 313 to mark the recorded conversation and the phone call details.
Thanks in advance
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Writ petition under article 32 in supreme court
I have filed an application u/s 482 of Cr.P.C. in a High Court seeking quashing of an FIR and the same was rejected.
Then I filed a Special Leave Petition (SLP) in Supreme Court challenging the said impugned rejection Order along with the said FIR. The SLP was dismissed with ORDER : the SLP is dismissed.
Queries:-
1. After dismissal of the said SLP, whether a Writ petition under article 32 of the Constitution of India seeking Quashing of the said FIR is maintainable (If as per case law of the Supreme Court, the said FIR is violative of the article 21 of the Constitution)?
2. Any other remedy available?
My contention:
“Simply because the Hon’ble Supreme Court refused to exercise the discretionary jurisdiction does not preclude the aggrieved party to seek the enforcement of fundamental rights guaranteed under constitution of India, because the enforcement of fundamental rights under article 32 of the Constitution is also a fundamental right."
Kindly correct me if I am wrong anywhere.