mufaddal
24 October 2013 at 13:39
My flat is gifted by my mother, and she have given an application in Dec 2012 to the society for the transfer, but in may 2013 society asked me to pay the transfer fee of Rs 600, and in june on my maintance bill i have got my name transfered, but mistakely my cheque was bouced, and the society reveresed the name in the maintainance bill, without my
notice, july bill was again on my mothers name, and the plenty charges were applied. i made a DD and gave to the society, with the charges, but still i have not got the name transfered, there was a issue in my family, due to that my mother raised an application for stopping the transfer, Now the society is not transferring, my friends told me that approch the registar. will i have to pay any charges or i have gone wrong in any way.
please help
DHIRAJ CHANDRAKANT KUMBHAR
24 October 2013 at 13:31
Sir, I have purchased a flat from 1st owner lying at kalyan, however as the said flat was mortgaged with LIC towards borrowing loan by the 1st owner and therefore i have before executing the Registered Agreement for sale had cleared all dues towards loan amount on behalf of the 1st and LIC has given the requisite NOC for the same and handed over the Original 1st owner's flat Agreement to me which were in their custody. Subsequently, thereof as the flat lying in registered co-op hsg socty so therefore I have also cleared its dues amounting to 1.5lakhs and obtained its NOC and subsequently after complying and clearing all requisite I got registered the agreement for sale in my favour and taken the 1st original flat agreement in my custody. Now the grievance is this that when after registeration I applied before the Society for transfering the share certificate and flat society raised a objection that the 1st flat owner had purchased another flat in malad and availed loan of Rs.22lakhs from ICICI BANK on that Malad flat and as he became defaulter to pay EMI over that flat so that ICICI Bank served a notice to society that they should allowed anyone to retain in possession over the flat which I have purchased, however the fact is that the 1st owner has never mortgaged, sale or tranfer my flat to ICICI BANK and the ICICI BANK is not custody of original 1st flat agreement as the same is lying with me. Sir therefore in this instance how should I get tranfered the said flat in my name, I have cleared and payed all dues over the said flat. As one the basis of that ICICI BANK letters only society is not transfering The said flat in my name. What are the remedies in such instances
Ravi Shankar
24 October 2013 at 13:10
Article 4 of the constitution says state reorganization can not be construed as constitutional amendment. Article 371d.10 says, irrespective of any other section/article in the constitution, 371d stays in effect. these two are mutually contradictory. Can any learned lawyers enlighten us regarding this issue? I mean, which provision supersedes which? Can a law with simple majority in the house set aside a constitutional amendment?
e form
24 October 2013 at 13:07
Our land declared evacuee property.
Important things in this case.
1. Our land (Evacuee Property) Declare on dated 01-06-1984.
However, as per act section 7-A (Property not be declared evacuee property on or after 7th May, 1954)
2. second, This Land is Service Inam Land ( Mashratul Khidmat ) Wakf Land, and we are Mutwalli of the land.
3. Custodian Generel (Commissioner/Collector) of Evacuee Property. issue Sale Certificate , Clear mentioned Masjid's Inam Survey number and sale that land.
4. Last important in respondants are produce certificate before the Senior Division Court Sale Certificate , Certificate is not under signed but seal of Collector.
what should we do?
which grounds we are challenge ?
we approach which court?
Vinod Singh
24 October 2013 at 12:53
sir, kindly tell me, I worked AS permanant clerk in District & Session court for 10 year. I resigned from there In Aug 2009 due to some family problem. Is there any chances of getting that job back. Can i file a mercy petition in Honble High cour or any service matter case for getting back that job. kindly
armaan kapoor
24 October 2013 at 12:14
hi,
i hav filed a suit for specific performance in the high court.it is a case of part performance, wherin we are in posession. at the time of ad- interim relief my advocate pressed for early hearing of the notice of motion which was granted now my advocate is saying that our notice of motion prayer it does not bear the word "by due process of law" hence we would not get an injunction against dispossession, creating third party rights, disposing and obstructing peaceful possession.
experts pls guide me as it is the matter of my roof and every advocate is giving me a different advice.
Rajesh
24 October 2013 at 12:11
Hi,
My father-in-law passed away last year without leaving a will. He owns a flat in Mumbai. He has submitted a 100% share nomination in favour of my wife with the society, but there is no will. I would like to buy the stake of my brother-in-law and mother-in-law, followed by transfering the property ownership in my wifes's name. What is the procedure to do that and is there a transfer fee/stamp duty/ registration fee payable to the government? If yes, how is this amount calculated?
Ram Mohan
24 October 2013 at 11:43
Dear Sir / Madam,
I was engaged by an American company to provide management consulting services to their clients. For about 6 years, I was a regular employee. After 5 years, they asked us to sign an agreement and one of the terms was that I can not serve their clients for a period of 2 years after leaving / termination of the job. I was terminated one year thereafter on the pretext that they do not have enough business for us. However after 5 months they again approached and suggested to have work relationship with them on a contract basis ans another agreement was signed.
In this new contract, there is a heading of non competition with them but no period is defined and is silent.
I am giving below the full text of the said agreement and would be grateful to understand its implications in case I want to provide similar services to one of their clients. Kindly note that this new client was created only after coming to them on the contractual assignment and did not exist earlier. Now the question is- Can I start working with this client. Presently, I have again been terminated for this contractual alignment. Here is the text:
CONFIDENTIALITY, NON-COMPETITION AND NON-SOLICITATION
6.1 In order to protect the confidentiality and trade secrets of the COMPANY and the XYZ Group, and without prejudice to every other duty to keep secret all information given to him or gained in confidence, the CONSULTANT agrees as follows:-
6.1.1 Not at any time whether during or after the performance of the Consultancy Services (unless expressly so authorised by the COMPANY as a necessary part of the performance of his duties) to disclose in any manner whatsoever, to any person or to make use of any of the trade secrets or confidential information of the COMPANY/the GROUP;
6.1.2 To deliver up to the COMPANY at the end of the assignment, all documents and other materials belonging to the COMPANY or the GROUP (and all copies) which are in his possession including documents and other materials created by him/her during the course of the assignment, along with any copies thereof; and to irretrievably delete any information relating to the business of the COMPANY stored on any storing device which is in his possession outside the premises of the COMPANY. The CONSULTANT shall provide a signed statement that he has fully complied with his obligations under this Clause - 6.1.2;
6.1.3 Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the COMPANY/the GROUP except when required to do so in the course of his duties under the assignment in which event any such item shall belong to the COMPANY/the GROUP.
6.2 The CONSULTANT further undertakes to the COMPANY that:
6.2.1 The CONSULTANT shall not, either personally or through an agent, company or otherwise in any other manner, directly or indirectly:
(a) except on behalf of the COMPANY, call, canvas or solicit business or customers for services of a similar type to those being provided by the COMPANY, from any person and/or a firm and/or a company, who is or has been a customer or may be a customer of the COMPANY;
(b) induce or attempt to induce any supplier (or provider of service) of the COMPANY to cease to supply (or provide services), or to restrict or vary the terms of supply (or provision of service) to, the COMPANY or otherwise interfere with the relationship between such a supplier (or provider of service) and the COMPANY;
(c) induce or attempt to induce any director and/or employee and/or consultant of the COMPANY to leave the employment of/engagement with the COMPANY;
(d) approach a client of the COMPANY in an independent capacity or on behalf of a competitor of the COMPANY.
6.2.2 The CONSULTANT shall not at any time after the termination of this agreement and during the Non-Compete Period, directly or indirectly, without the COMPANY’s prior written consent:
(a) use or register or protect in any way any name identical to or likely to be confused with a name (including a trade or company name) previously or presently being used by the COMPANY other than as expressly agreed by the Parties in writing; or
(b) hold himself out as having any continuing connection with the COMPANY to the disadvantage of the COMPANY or in contravention of any terms and conditions of this agreement other than as expressly agreed by the Parties in writing.
6.3 The CONSULTANT acknowledges that the restrictions on competitive activity of the CONSULTANT set forth in this agreement are mainly to protect the value of the COMPANY and secure to the COMPANY and its shareholders the benefits of the business of the COMPANY.
6.4 The CONSULTANT acknowledges and deems the terms and conditions of this agreement, including the remuneration given to the CONSULTANT hereunder, to be adequate consideration for giving the undertakings contained in this Article# VI.
Best Regards and thanks in advance.
simran singh
24 October 2013 at 11:23
is a doctor certificate separately needed in a will or can a doctor attest in the will itself saying the person is a sound mind
?
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169 crpc
respected learned members A was falsely implicated in a case u/s 302,201 ipc only on the basis of extra judicial confession before police. charge sheet was filled against me. i was in jail . supporters of me looking me innocent approached to higher police officials.they ordered further investigation.police put numbers on surveillance. here 3 new accused came in light . police filled 169 crpc report in court in my favour with the handwritten application of complainant .in that application complainant has written that :hamari galti ki vajah se A innocent Jail chala gaya hai: police filled supplementary charge sheet making 3 new accused. but court denied to accept 169 crpc report saying that cognizance has been taken already. now i am on bail. lawyer is saying that trial will run and trial will decide who is guilty ?can i get any help from high court allahabad being an innocent .can high court quash proceeding against me at this stage or any other step suggested by all you learned members. please suggest ASAP