Sudhakar
06 April 2014 at 19:56
Respected Experts
What could be a problem for a person, whom was a well educated, Whom want to contest case without advocate
help? I mean i am an MBA Student whom got well versed in presentations... I know my facts of my case duly and very well.
Still Do you say there will be a problem while contesting case in person in court.
Awaiting for favourable reply
Thanking you
RAMJI
06 April 2014 at 19:55
Dear Experts
In a consumer Case, version over, Proof affidavit of both over, Written argu of both over, oral argument of Opp party over and now it is at the stage of oral arguments of complainant. Questions are as below:
1. Now for marking additional documents (which was originally missed) of complainant, should i file a CMP?
2. Now it is observed that there is an error in CC prayer (i.e amount of compensation sought in WORDS IS DIFFERENT FROM THAT OF FIGUES)...now only it is noticed. Question is should i file another CMP for correcting /amending the error ?
3. Can i file a single CMP for both above said items ( marking addl doc+ amendment in prayer of CC as said in above point nr 2)
4. Any other views /advises pls
Thanks & Regards
Ramji
RAMJI
06 April 2014 at 19:46
Dear Experts
This is reg suit for partition. The main suit is pending for trial because of an IA filed by one of the Defendants Under Order 7 Rule 11. Resp /Plaintiff filed counter against IA and arguments of Petitioner/def is over and arguments of Resp/Plntff fixed. Though the Resp/Plantiff was ready for arguments, the Petitioner/def kept on asking for adjournments on some reason or other and court also granted three times so far inspite of verbal objections by Resp/pltf and next date for petitioners argument is in middle of April 14. At this stage my questions are as follows:
1. If the Party again ask for adjournments in next hearing, CAN THE RESP/PLTIFF ASK FOR PENALTY /COST TO BE IMPOSED AGAINST PETITIONER if adjournment is granted?
2. If so, can the Resp/pltiff file a memo seeking for the same?
3. Please indicate under which section / Order of CPC we can file such memo seeking cost against adjournments?
4 any other views/advises please.
Regards
Ramji
Partha Pradhan
06 April 2014 at 19:42
After doing job in various medical company as a representative for 12 years the last company's seniors (S.M. Z.M. & R.S.M) built a company and they offer me to do the job in that company and said they give me the salary as well as a share of that company. So I joined as an employee of that private Ltd. Medical Company. (I have the appointment letter and salary slip of that co.) Also they give me the 15% shareholding of that company. Afterwards when the directors of that company borrowing a cash credit of 70 lacks from the bank by mortgaging a house of one of the director valuing 27 lacks. In that time they said me to sign in the loan documents as I am a shareholder of that company and i do it. But letter the loan become NPA and now there is no existence of that company. Afterwards I got two legal notice from bank lawyer where they mention me as a director of the company. I go to the bank and the-then branch manager said me that you sign in loan application, sanction letter of loan and in letter of guarantee and there are the seal of director under your name. I go to that company's Authorized Chartered accountant to know the truth. C.A. give me a certificate that I am not a director but only a shareholder of that co. as per M.O.A. and R.O.C. Then I gave reply of that legal notices saying my stand with these documents. But now bank settled to go to D.R.T. Now my question is am I also as liable as the directors of that co. for that loan? I have a house in my name. May bank can occupy my house for the shake of requital of that loan. Is there any chance to justify myself and if my justification of only shareholding and as an employee is right by means of proper document then also bank can do anything to me to repay the loan as i am only a shareholder as well as an employee of that company? Is not it is bank liability or obligation to verify all the documents furnished before the bank because in M.O.A. it is clearly mentioned that i am only a shareholders and my name is not there in R.O.C. directors list. please help me.
Balasubramanian
06 April 2014 at 18:54
Can a consent affidavit to be filed in Indian High Courts by twin passport holders be apostilled in UK and US,instead of going to the Indian embassy for attesting particularly in administration/probate matters of estates in High Courts,as per Hague Convention,1961?
Amit
06 April 2014 at 18:00
sir I m staying in the city of mumbai in ine of its suburbs.I m staying in a pagadi system of flats. I.e. Tenants. My area of my flat is 180 carpet area. with my wife and one daughter. we r staying here for the last 35 yrs. now there are 36 tenants total in iur building which is some what old and dilapidated. now the owner of the building has sold the building to a developer I.e. a builder who have bought 30 flats out of 36 flats in our building. now he wants me and other flat owners to vacate the building so he can construct a new building and earn a fortune. My qs is,
1 . How much more area can he offer us on my 180 sq ft carpet area. Is there any Thumb rule that I have to get what ever he gives me.
2. can I ask what ever I want from him.
3. can he force us out of my building , cause already a case of dispute is going on in the small cause court.
4 . can I ask a flat in my building after redevelopement in the new building. cause he wants us to get out of my flat and offers me what ever he gives us forcefully.
Ravi Kumar
06 April 2014 at 17:15
Our group housing co-op society is registered under Haryana Co-Op Societies Act 1984. As per our bye laws there can be one member for each flat. Can some one on purchasing the flat execute the sale deed jointly in his/her name together with his/her spouse who is not a member. If this is not allowed but some member has executed such a sale deed, what is the status of his membership of the society?
varinder
06 April 2014 at 16:51
this is brought to your kind information that i had purcahse some item cost Rs 5555.80ps and same been paid to them through credit card inquestion to that they had sent the said item through registred post from china and same been lost by the postal authority at Ambala cantt india inquestion to that i had lodge a complaint before the consumer protection act against sr post master Ambala to pay compassion and the cost of the article inquestion to that they had reply that they are not consumer and the postal aiuhtority as per their act will not pay any compassion under section 6 of the indian post officer act 1898 kindly let me know their is any authority which the honorable high court/ apex court had over ruled do provide me and guide me what to do in this csae
sandeep nair
06 April 2014 at 16:11
I have given my flat on rent in mira road thane dist.Maharashtra.The total maint including parking and sinking fund came to around Rs.1000 excluding muncipal property tax (Each member receives a bill directly from the muncipal authority)before the increase and non occupancy charges were at Rs.100 p.m.The society has decided in the special AGM to increase maint charges w.r.t the area of each flat previously Rs.1.20 to Rs 2.00 psqft and non occupancy charges to Rs.300 p.m.As per my knowledge the noc should not be more than 10% of the total maint.
My question is can the society charge maint as per area of the flat for common amenities?second,how can I challenge the noc charges?
Please guide.
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(plaintiff)flat owner passed away - his married daughter asking to add as plaintiff
Hello i am the defendant (tenant) and recently (Plaintiff)Flat owner passed away. So as legal hire plaintiff's son have asked to add put his name & plaintiff's married daughter name in the title.
Son is fine as he do stay there, but why will married daughter addition shall be asked if she doesn't even stay at suit premises? Is this valid ask? Shall i suggest my lawyer to object addition of her to the plaintiff list?
This is an evac case and in addition to above plaintiff also asked that married daughters building is going for redevelopment and hence this is additional reason for daughter and her family to stay at plaintiff's house and hence require the suite premises.
My lawyer suggests that we cannot do much for this point. so wanted to take the experts suggestion if there is a way in which we can put a counter argument to this point?
Sorry for the long post, but wanted to explain the scenario. Thank you.