R.S.BANERJEE
29 March 2014 at 23:27
Brief fact of the case is :
- Bank has provided Home Loan to a borrower based on the 'Agreement for Sale'.
- For five years the borrower has paid EMI but the Possession has not delivered to the borrower.
- Now the borrower stopped paying EMI.
- Bank initiated Sarfaesi proceedings.
- Bank approached to DM u/s 14 and DM has issued the order.
NOW the question is, Can bank take possession based on the 'Agreement for Sale'?
- When the possession is not yet handed over by the Developer, and when there is no 'Sale Deed' executed yet, can this property be treated as a 'secured' property under the terms of Sarfaesi Act, 2002 ?
-Can DM issue order u/s 14 under such circumstances ?
Tanvi
29 March 2014 at 22:19
I live with my daughter and husband. My very abusive mother-in-law is expected anytime at our house. Husband is also emotionally little abusive. I want a protection order against them. Can i get this, without involving them in this? To whom will the protective order be given? I want to get this only as a precautionary measure to warn them against any abuse and use it, if they exceed their limits. Is is possible without involving them in this?
saj
29 March 2014 at 21:59
help me to defense as union of India,
in detail with case laws, articles
kindly solute all issues
need to handle as the Indus (respondent)
SAMAJ SEVA SANGH V/S UNION OF INDUS
Indus is a democratic nation. Indus being a democratic & welfare state, welfare of
the people should be her paramount consideration. The Constitution of Indus mandates
the government to undertake appropriate measures in the field of healthcare, food,
employment, poverty, etc.
These obligations are prominently stated in the scheme of fundamental rights &
directive principles of the state policy. Even after providing copious provisions for
combating malnourishment & starvation deaths, a survey conducted by Janata Seva
Samachar Patra revealed the grim state of affairs showing that 40% of people are dying
due to starvation every year, while there being a surplus stock of food grains lying
unused & rotted in the government godowns. The survey result was published in the
newspapers & made the government to take notice of the same & the government
responded by enacting “Food For All Act”, 2013.
Food For All Act, 2013
Preamble: An Act to give effect to the various International Instruments on “Right to
food”& to ensure food for all persons at all times, in pursuance of right to live with
dignity.
1: Extent & Commencement: (1) This Act may be called the Food for All Act, 2013.
(2) It extends to the whole of Indus.
(3) It shall come into force on the 1st day of April,2013.
2: Definitions
(a) “Food for all”: means sufficient availability of food grains to the deserved
family.
(b) “Adequacy of food”: means having sufficient and nutritious food at affordable
price for all the family members for healthy living.
(c) “Deserved family”: means a family and includes BPL card holders, senior
citizens, infirm persons, disabled persons, destitute men & women, pregnant
women, destitute children and the like cases, but excludes land owners, tax
payers and persons already covered by the Central Government financial
schemes.
(d) “ Food grains” : means and includes rice, wheat and coarse grains.
(e) “ Ear marked Public Distribution Shops” : means shops selected by the
Government to provide grains at subsidized rate to the deserved families under
this Act.
(f) “ Subsidized Rate” : means rate fixed by the Government i.e. Re.1/-per Kg of
rice for 5 Kg, Rs.3/-per Kg of Wheat for 3 Kg and Rs.10/-per Kg of Coarse
grains for 3 Kg.
(g) “ Accessibility of food” : means economical access at all times to sufficient food
taking into account the changes in the circumstances.
(h) “ Minimum Price” : means the price covering the cost of Production only.
(i) “ Fair & Reasonable Price” : means the price including cost of production,
transportation & porterage.
3: Each member belonging to “deserved family” shall be entitled to sufficient food by
availing those food grains per month at subsidized rate through earmarked public
distribution shops:
Provided exclusion of one member is deemed to be exclusion of other members
of family from the purview of this Act;
Provided further that the farmers shall contribute 50% of these food grains for
the purpose of this Act, for which they shall be paid minimum price by the government.
Farmers are free to sell remaining 50% of these food grains in free market at any price.
4. The provisions of International instruments on Human Rights shall be taken in to
account while giving effect to the provisions of this Act.
5. Notwithstanding anything contained in any other law for the time being in force in
Indus, governing food subsidies to the poor, the provisions of this Act will
be given effect thereto.
A five year old girl Soadha in Ghasibpur village(Indus)died due to
starvation, as her poor father owning one acre of dry land couldn’t get enough food to
feed his family of 12. He could not get benefit of the said Act as he didn’t fall within the
definition of “deserved family”.
In another case, Ghazaginagar village (Indus) faced deluge, which swept
away innumerable villagers & the one who survived were trapped in water & were
unable to get essential commodities like food, water as government couldn’t reach them
because of flooded water & the private shops operating in that village provided those
hapless with food which was not only inadequate but too costly which many could not
afford to buy. They have charged rice plate Rs.500/- per plate, Biscuits Rs.200/- per
packet, etc.
Noticing the above two ghastly incidents Samaj Seva Sangh, a Non
Governmental Organization approached the Government to amend the Act, to provide
food for all under all circumstances - to which Government showed callous and
indifferent attitude. Therefore espousing the cause of those deprived & hapless people,
Samaj Seva Sangh filed a PIL petition before the Supreme Court.
The Government in its reply has challenged the very maintainability of petition.
Points for consideration before Hon’ble Supreme Court of Indus;
1) Whether the said petition is maintainable?
2) Whether the impugned Act is violative of the Constitution?
3) Whether the impugned legislation is violative of International Human Rights
instruments?
The Hon’ble Supreme Court has posted the case for hearing of both the parties.
The Constitution of Indus is similar to that of the Constitution of India.
sankarnath
29 March 2014 at 21:11
The petitioner mentioned the names of five IC of different Police Station as witness in application under section 156(3) Cr.P.C.
If it is a immature approach then what to be cited as defence, any section or ruling/precedent on the score?
Thanks in advance
Theresa Margaret Dsouza
29 March 2014 at 21:08
Hello
I am Mrs D'Souza, My husband passed away on 13th March 2014. He was hospitalised for 48 days prior to his death. I thought nomination for his flat was not done. However while searching some documents I got duly signed nomination forms by my husband dated 28.12.2010 with two witnesses also duly signed. actually I forgot that this arrangement was done earlier and I forgot to submit the same to the Society. I got these duly signed nomination forms on 5th March and gave it the secretary on 6th March before death of husband and the same was discussed with two other committee members and it was approved and accepted with a note that this would be taken further in the next committee meeting. Yesterday was the committee meeting and the Chairperson did not accept the fact that the nomination was dated 28.12.2010 and they need to get advise from lawyer and previous committee members. kindly assist and advise if the 2010 nomination is valid in this scenario.
What are the society procedure thereafter...
Satya nand aggarwal
29 March 2014 at 20:30
Please write down if section 324 ipc is still compoundable in any state of india under section 320 cr pc
testa
29 March 2014 at 19:38
I quit the job for the harassment and bullying in the company.informed major things to management, they asked to continue and assured the problem won't repeat i was not ready since i felt not safe continuing.As few things happened in front of TL and i didn't get any permanent solution for the same.i was not even allowed to continue my work my system was controlled by some one and my work was not getting saved.Few files where locked in server, informed tl And showed it to some senior no help received from any one.i decided to leave the job and next day sent a resignation mail to hr briefing the things happened.and procedure to be followed to get relived.
I got a call from TL Saying his job is under Problem because of me.i went back to office and explained to to them they gave Knowledge Transfer Option and they said they will decide and tell me what exactly it is.As i had worked only for 2 months and there was no training given to me.i accepted for kt Since it won't take much time.
Next Day i was expecting a mail from them instead got call from the TL blaming for not going to office.as we are not allowed to access person email and my official email was only foe internal purpose.i was expecting a reply.As i didn't get any reply i replied them asking about our discussion.they replied as if they don't know anything and i have to give 3 months notice or 6 months salary as per indemnity bond.i was still under probation period.It was for 3 months i had completed only two months.As i left the job because of the problems i faced i was not ready to pay them 1,50,000 Rs and was not even feeling safe to go back to the office.
I replied them its difficult to work for any one with that kind of work environment.h\He started blaming me that their are lot of girls working in his company no one had any problem till now.I had no words to say.
Now after one and half month i have received a notice saying i have to pay 1,50,000 and 5000 for notice.and i Should apologize for speaking about work culture.
Plz guide me How i can proceed... consulted a lawyer he is asking for 15,000 for replying for the notice. Financially i am not in a position to pay so much of amount as i am unemployed now.
Rahoul
29 March 2014 at 19:06
We had one ancestral land. My grandfather kept the land mortgage to one person and took money from him. After few years when my grandfather could not return the money, father of my grandmother negotiated with that person who had given money and gave away the land with little extra money to him and exchanged other land from that person which is far away from our place. My great grandfather( father of my grandma) then turn that new land to my dad's name. My dad was below 18 that time and my uncle was too below 18 as he is younger brother of my dad. so in 7/12 of that land my grandma's name is written as care taker for my dad till he turns major.
That land turned completely on my dad's name when he crossed 18. few years latter my grandfather again took money from one person and kept this new land mortgage again. Then my dad sold all gold of my mother and take that land back from that person and turned that land on my mother's name.
Meanwhile my uncle too got married and expired few years latter. His wife now demanding share in that land. Kindly guide me whether my aunt ( Wife of my uncle) can demand share in this land or not. for all above title changes the narration is not present. Only the 7/12 extract is showing the changes. How to go ahead and defend our land as that aunt did not have any relationship with us since last 14 years.
I will really appreciate If some one can give me any case law on such matter.
krishna mohan
29 March 2014 at 18:54
We are plaintiffs in civil case(partition of immovable property) in ap hc.there are two defendants.is it allowed to compromise only with one of the defendants as he is ready to compromise with us leaving the other defendant?
Kindly suggest.
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Need some serious help with divorce case !!
Dear Sir,
I am in a serious trouble. would like to ask some help from any source.
My brother married 2 yrs ago. and thn divorced 1 n half yrs later.
at strt it was mutually agreed as we paid the money with mutual consent with both parties understandin....a huge amount tht we took loan n paid...
LAter after 6 month of court period.. the wife rejecting the petition saying dnt want divorce n want to come back bt no possible to take back.
in the meantime, she also filed FIR for 498a n SHTRI DHAN...whch further caused much trouble n problem...
n now we r troubled...wht to do..money paid bt in petition not written much amount...
we dnt knw wht to do...helpless...any kind of solution...
We belng to very good family and hve good reputation and entire area or station can come to gve there words fr our goodwill.
how can we get help?
thnks