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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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dineshdave   17 March 2014 at 23:20

Redevelopment of building

Sir, we are living in Mumbai suburb. Our building is more than 50 years old. Now we have a new landlord who wants to go for redevelopment. we have total 3 flats of 500 sq.ft., 3 flats of 625 sq.ft. & 6 flats of 850 sq. ft. The new landlord is saying he does not want to construct flats with area less than 850 sq. ft. This means in one way, he is trying to push our six flat tenants. Can he do this? As for as my knowledge goes, he has to have the same number of tenants and has to provide with the minimum same area of flats. Please suggest.

dineshdave   17 March 2014 at 23:14

Tenantcy rights

Sir, We have a rented flat in mumbai suburb. Originally the receipt was given on my Grandmother & Aunt's name. In the year 1985, we started staying in the flat till date. Till now the old landlord has been giving receipt on my grandmother & aunt's name even though we are paying the rent. Now the new landlord has come. We have requested him to give receipt on my fathers name. We have all documents to prove that we are staying there since 1985. Can the landlord refuse to give receipt on my fathers name?

S.D. Singh   17 March 2014 at 23:04

Cancellation of bail

I filed an FIR u/s 406/420 for non-payment of deposited amount by builder. But at Bail time, accused stated that they are ready to return the money and the court granted the bail on this ground. The police filed charge sheet. But builder neither returned any amount not given any such proposal to return the money either to complainant or to the court. What remedies available to recover the amount on the basis of commitment made by accused builder before court. whether such commitment is binding. whether we can approach court compel builder to fulfill his commitment made in the court or to cancel the bail.

SHADE jogeshwari   17 March 2014 at 22:58

Query regarding sra

since 1952 I am paying NA tax & Assessment tax for our structure , where some tenants are staying without paying any rent , where SRA scheme is implemented . Now what are my rights for compensation ?
Tenant got there S.R.A.flats.Now being a landlord I am not in the S.R.A building.so can anybody forsed me to accept S.R.A flat as I haven't done any agreement

Adv M.D.Azhar   17 March 2014 at 22:43

Notice in rent act

sir i belongs to gujart. here my client has purchased a house in which there was tenant already. after purchasing the saud house tenant was still there, our clien was facing dificulty so that on a ground of bonafide requirenment he had given a notice to a tenant to vacate the said house, now that notice was given one year back. but he has still not vacated the said house. now the querry is that. weather subsequent notice can be given in the rent case or weather is permissible, i want to file a suit. so please guide me.

Toni S. Sachdevani   17 March 2014 at 22:15

Bank loan

Suppose A (a Partnership having 2 partners P & Q) obtains loan of X amount From B Bank and mortgages one property in year 2002. R & S stand guarantors to the transaction. Again P in personal capacity along with some third party obtains loan of Y amount From B Bank in the same year. And again R & S stand guarantors to the transaction. Bank settles first matter in the year 2005 and issues settlement letter and releases mortgaged property in favour new purchaser. Both loans were for 12 months. Till 2005 major payments were made in second transaction. After 2005 nothing transpired. Now in year 2011, B Bank had filed application u/s. 101 of Maharashtra Co-operative Society Act. against P, R, S and that third party. Now in 2014, B Bank has issued recovery notice and making huge claims. B Bank is scheduled & Cooperative Bank. what is law of limitation in this regard??
what provisions??

Ravi Kumar   17 March 2014 at 21:41

Haryana co-operative societies act 1984

Our society having some flats is registered under Haryana co-operative Societies Act 1984. With introduction of Haryana Societies Act 2012(repeal of Haryana Societies Act 1860, whether it will have a bearing on our society which was not registered under Haryana Societies Act 1860. My understanding is that our society need not get re-registered under Haryana Societies Act 2012.

krishna   17 March 2014 at 21:40

Limitation period

Respected members
Sir,
plaintiff file suit in 2008 for possession (not under specific relief act )

Plaintiff withdraw suit in June 2012 with liberty of court to file fresh suit on the same cause of action.

Order
Suit is allowed to withdraw with liberty to file fresh suit on the same cause of action.

because of financial problem plaintiff could not file fresh suit on the same cause of action till yet. order did not gave any time frame to file fresh suit in the order as given above.

1. what is the limitation period to plaintiff ?

2. can plaintiff file suit under specific relief act now to get possession after condonation of delay ?

thank you.

s das   17 March 2014 at 21:36

Attendance register-marking.

Sir
I would like to know whether there is any specific law/guideline which governs maintainence /marking of attendance register i.e "L" for leave,"A" for absent etc.
Also what is the difference between "Leave" and "Absent"

maitri   17 March 2014 at 21:05

Need advise

My brother's wife has filed 498A against we four sisters and my mother and against him 8 months back The case has not stand in the court till now as my one sister resides in US and cant come due to her ill son.My brother owns a hospital for which the entire false allegations made by his wife,She stills stays in the bunglow and she has occupied 2 floors of the hospital one where she has her OPD she is a doctor and top floor is the residence.My brother started to live separately in small rented room outside as there is threat from her He goes to his first floor OPD every day .Half of the property is of my elder sisters name as she has taken the loan for my brother.and this devil wife not contributed a single penny but still got hold of the property after accusing us for false 498A My sister sent her 15 days notice to vacate the ground floor through civil lawyer and we have her acknowledgement of the post .Today after 15 days got over my sister asked our close relative to lock the ground floor of the hospital but that devil brother's wife broke the locks
and threatening my brother to do whatever he wants she would not vacate the hospital.Property papers shows the proper partition and confirms that ground floor belongs to my sister.How can we get rid of this devil lady?.My brother says that we can not remove her from residence as residence on top floor belongs to him so she can claim her right but ground floor is completely owned by my elder sister who is also one of the accused.We are afraid of going in the premises as we know that that insane lady is waiting for us so that she can put one more false complaint against us.So pls advise us how my sister can take that ground portion back?.our lawyer says that file the PC for breaking the locks in the police station but it will not solve the problem.