Roy boomba
25 January 2014 at 20:22
One of my friend was falsely convicted under section 408 & 420 of ipc, now both the parties want to compromise and withdraw the cases. I just want to know that what are the steps to be considered while doing the compromise settlement agreement. Can the police harass the convict after signing of the settlement deed and before appearing in the court on the date given by the court? Please help. Urgent reply and advice needed.
VIJAY K. TEOTIA
25 January 2014 at 20:12
I want to know the territorial jurisdiction to challenge the award. the agreement containing arbitration clause was signed at A place, it was executed at B and the arbitration proceedings and the award was concluded at C.
If I want to challenge the award before district court, where it should be challenged?
rajender
25 January 2014 at 19:31
Is NPA( Non Practicing Allowance) paid to Veterinary doctors is part of salary for the calculation of income tax .
wakefield sj
25 January 2014 at 18:34
My son-in-law,his two brothers,his father and grandfather are belong to Nadar SIUC Christian community.Due to unknown reasons in the sslc of son-in-law and his 2 brothers,the caste and religion is written as CSI Christian.In their father's sslc,it is written as SIUC Christian.Their father and grandfather expired.Nadar siuc christian community has reservation.pl pardon me for the errors occured due to my ignorance in language.Being a father-in-law,I am deeply interested in this case.I have collected all relevant documents to prove their real caste and religion and get notified in gazette.pl advise me the steps for getting implemented as published in gazette.thank you.
arunkumark
25 January 2014 at 17:53
A complaint under 101 of mcs act has been filed with Asst. registrar of cooperative housing society against one of the defaulter member for recovery of society dues of last seven years. The said member has not attended any of the society meetings for last seven years and not paying the maintenence.In his reply he is saying that the person who has filed the complaint is not secretary and does not recognise him. The managing committee is elected unopposed on 12.9.12 Agm and since then all the remaining members are paying their monthly maintenance and other correspondence with the same managing committee. The minutes of Agm clearly states the managing committee is elected unopposed as out of 16 members society only 9 members are eligible to participate and vote for election. The remaining 7 members are as follows - 3 defaulter for payment 3 Non resident Indians ( flats non use)1 non member(just purchased the flat).Out of 9 eligible members 1 member was not present for the Agm meeting.So remaining 8 members voted for 4 interested members to form the managing committee. The defaulter members were not allowed to vote because of their payment default. I think this explanation and minutes of the Agm meeting and the proof of recd payment from other society member is sufficient to prove who is secretary / chairman etc.Please advise if any other support of proof is required. As per my guess the said member is trying to avoid make payment on silly grounds or to delay the matter. The said member is not official member who is staying in the flat owned by his late brother. He is also asking for M20 indemnity bond copy as he is not aware of abolished m 20 i bond with effect from 6.9.12 and the Agm was held on 12.9.12 so it is not applicable. please give correct advise in this regards,
arunkumark
25 January 2014 at 16:35
A complaint under 101 of mcs act has been filed with Asst. registrar of cooperative housing society against one of the defaulter member for recovery of society dues of last seven years.The said member has not attended any of the society meetings for last seven years and not paying the maintenence.In his reply he is saying that the person who has filed the complaint is not secretary and does not recognise him.
The managing committee is elected unopposed on 12.9.12 Agm and since then all the remaining members are paying their monthly maintenance and other correspondence with the same managing committee.The minutes of Agm clearly states the managing committee is elected unopposed as out of 16 members society only 9 members are eligible to participate and vote for election. The remaining 7 members are as follows - 3 defaulter for payment 3 Non resident indians ( flats non use)1 non member(just purchased the flat).Out of 9 eligible members 1 member was not present for the Agm meeting.So remaining 8 members voted for 4 interested members to form the managing committee.The defaulter members were not allowed to vote because of their payment default.I think this explanation and minutes of the Agm meeting and the proof of recd payment from other society member is sufficient to prove who is secretary / chairman etc.Please advise if any other support of proof is required. As per my guess the said member is trying to avoid make payment on silly grounds or to delay the matter.The said member is not official member who is staying in the flat owned by his late brother. He is also asking for M20 idemnity bond copy as he is not aware of abolished m 20 i bond with effect from 6.9.12 and the agm was held on 12.9.12 so it is not applicable.please give correct advise inn this regards,
RAJAGOPALAN NAIR
25 January 2014 at 16:24
Dear Sirs
A complaint under Section 138 of NI Act (cheque bouncing) was filed in the Magistrate Court. The Complainant is an employee of the Company who has been authorised by a Board Resolution passed in the Board of Directors Meeting to initiate legal proceedings against the Accused.
Brief facts:
The Accused obtained loan from the Complainant Company registered under the Company’s Act. The Loan Agreements and other documents were signed by the Directors of the Company and the Accused. The Authorised person who is holding Board Resolution, was not a signatory to the transaction and he was not a witness to the transaction.
The Affidavit of Evidence is also filed by the Complainant. The stage was for cross examination. The Accused submitted an application saying that the Complainant cannot be allowed or permitted to examine the PW1 as Prosecution Witness since PW1 has neither interacted with the Accused, nor handled the alleged transaction on behalf of the complainant with the Accused, nor signed any document for and on behalf of the Complainant, in favour of the Accused. He is familiarized with the transaction through record.
The Accused also cited Judgement regarding the legal rights of Power of Attorney holder in the following cases:
1. A.C. Narayanan V/s. State of Maharashtra & Anr. By Hon’ble Supreme Court.
2. Janki Vashdeo Bhojwani and Anr. V/s. Industrial Bank Ltd.
3. Shambhu Dutt Shastri V/s State of Rajasthan.
Question:
1. All the above judgements are based on Power of Attorney holder holding the power on behalf of some other individual. Is it applicable to Corporate ?
2. In our case, the Complainant is a Corporate body and employees come and go and we cannot get the ex-employees for cross examination. Even if the persons signed the documents are still with the Company, since they are being Directors, they authorize a particular person from legal department to represent the Company. Is this position correct?
3. What is the Difference between Power of Attorney and Board Resolution?
Thanks in advance for your valuable guidance.
Member (Account Deleted)
25 January 2014 at 15:49
i wanted to know that how much time would be take in transfer of property act 106 and 107
i mean to say how many month or year for judgement..
thanku
pundalika achyuta bhat
25 January 2014 at 14:36
Mr. A’s RD A/c with a Bank matures on 15-04-2014. Interest earned on RD A/c is free of TDS (that is no TDS is is deducted by the Bank). Now what about the treatment of interest amount? Whether interest should be treated as income if:
(I) int. earned is below Rs.10, 000
(ii) int. earned is above Rs.10, 000
With regards,
Pundalika Bhat.
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A family need help in dying situation
I am very simple and honest person. I am staying in a flat in Mumbai (Mira Road) since last 10.11.2002 with my family (Wife, Daughter & Son). As I came in this flat by rent in Nov'2002 the Landlord (Licensor) had made an unregistered leave and agreement, which was expired on 09.10.2003. He didn't renew the agreement further as he offered me to purchase the same flat in March 2004. I was also interested and asked him to proceed for bank loan and do the necessary formalities. Since his flat was mortgaged to his employer MTNL, he told me that instead of bank loan you pay me in next 5 years. The value he had asked 4.5 lakh as per the prevailing valuation. Once I asked for the sale agreement /at least MoU, he asked me to keep full trust on him as he will immediately stop taking rent and will not renew the leave and license agreement. Till 2009 I had paid total 4,23,750/= by cheque 3,23,750/= and by cash 1 lakh as per oral deal. After my repeated request of my last payment of 1 lakh by dd on 01.08.2009 he kept quite as saying don't worry as soon as my loan will complete I will register the flat on your name. All of sudden on 25.03.2012 he came with hired goondas and tried to throw out my everything from the flat and physically abused me. I made N.C with the nearest police station on the same day and filed a civil suit at Thane Court against him on 30.03.2012. As soon as Hon'ble court was granted stay order he desperately threatened me with goondas and political persons as well as local police. Needless to say that I had made several N.C. with local police station at Mira Road. Despite of my repeated police complaint once I got harassed by the then Senior P.I. of Mira Road police station, I took the help of Hon'ble SP of our jurisdiction to prevent such activities. After my such efforts he filed an eviction suit under MRCA 1999 with the false and fabricated notice of revoke of license, which he had never sent to me but claimed in his case that he had sent the same by hand and it was refused by me also prepared some other fabricated documents with the connivance of our housing society's chairman (since last 7 years and he is a broker). The first hearing date was 19.06.2012 before the Competent Authority, MRCA, Konkan Divn. Bandra and eviction order was served to me within one month i.e. on 24.07.12 by the competent authority with the direction of arrears of compensation Rs.3,72,000/= and fixed the rent @Rs.14,000/= per month from 01.05.2012 till I vacate the flat. I had filed my revision petition on 16.08.12 before the Hon'ble Addl. Commissioner, Konkan Divn. The first hearing date was on 22.08.2012 when the Hon'ble Addl. Commissioner was granted stay order on the orders passed by Bandra MRCA court subject to a security deposit of Rs.50,000/= within one month, which I had deposited within given time after which the Hon'ble Addl. Commissioner was hearing the case till 7th May 2013 and after final arguments the case was closed for Order on 07.05.2013 but the said Order is not yet received/known. In the meantime to base on the last year's eviction order of MRCA Bandra, the Hon'ble Civil Court at Thane has rejected my Exhibit-5 application for interim relief on 18.04.13. I have filed a revision petition to Thane District Court to challenge the order on 30.04.13, which hearing is scheduled on 20th July'13. On 9th July'13, I came to know that the Hon'ble Addl. Commissioner, who was hearing my case has been promoted to the rank of Commissioner and there will be a fresh hearing of my revision petition by the new Addl. Commissioner. Finally the New Addl. Commissioner was heard the case on 14th Oct’13 and passed an order dated 12.11.2013 by rejecting my revision petition. I had filed writ petition to Hon’ble Mumbai High Court on 11.12.2013 and the Hon’ble Court was pleased to take the same on production board of 18.12.2013 and fixed the hearing on 19.12.2013. Both the parties were appeared with their advocates on 19.12.2013. The Hon’ble High Court has fixed the next hearing on 23.12.2013, which was not heard as our serial no was 38 and the Hon’ble Court was heard the case till serial no 24 on that day. Next date was given on 06.01.2014 (Monday) and once I had checked online on 04.01.2013 (Saturday) evening I found that the date was changed to 09.01.2014 (till 03.01.2014 the next date was showing 06.01.2014). All of sudden during my absent the enforcement officer of The Competent Authority, Konkan Division, Bandra together with the police from local police station and a team of another 20-25 persons were landed up with an eviction order and forcefully evicted us (my wife, daughter, son and my 80 years old mother who can’t even walk) within one and half hour with all belongings. They have damaged everything. Since this was really unexpected to us and unplanned too, we couldn’t even arrange any accommodation and literally sitting under the open sky till 09.01.2014 with the hope of getting justice at least from Hon’ble High Court. But the Hon’ble High Court had dismissed my writ petition on same day.
My only mistake was that I had trusted on him and without any written documents I went for the said deal for which today I am paying heavy dividend. My main question is that how a person can live in a housing society without any Leave and License Agreement and Police Noc since last 11 years if he is not an owner. At this juncture I need some expert advice too as we are spending sleepless nights.
With warm regards
Sumanta Banerjee