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Anonymous   14 September 2019 at 13:49

Necessity easement

Respected members of Lawyers Club India,

Around 13 acres of land was developed as venture in 2000.The venture is surrounded by agricultural lands(given by Govt). Later on residential houses were constructed in such venture, colony was developed. The said colony was registered in 2015.Before 2015 people has acquired plots in that area. There is only one main road(road occupies part of agricultural land given by govt) to enter into that colony. At that time of making layouts of venture, the developers of venture has brought part of land from the owner of such agricultural land at an oral agreement and paid adequate consideration.The owner of agricultural land(suppose Mr.A) has not raised any objection at the time of laying road. The road is being used by the people of colony since 2000.

Recently Mr.A has made fencing across the road(his land) creating inconvenience to the public.When we people(colony members) have questioned him about the road and consideration which he received in 2000, he was saying that he did not received any amount and such land belongs to him.He also said that the reason for not reacting to the situation since 2000 is the same agricultural land is under dispute with his family members and the case is in the court.And the case was settled now.

The question here is whether can we claim Necessity Easement as we are using the road since 2000.If yes, please prescribe the procedure to remove the fencing from the road.We didn't have any Document evidencing the payment of consideration.

Thanks in Advance.

Satyanarayana Reddy   14 September 2019 at 11:32

Out of the court settlement and child alimony

Hi, I m currently going through the separation process via Out of the Court settlement and as part of it, my Ex-wife going to keep both my daughters (Age 9) and (Age 4).

As part of Child Alimony, I need the expert opinion for the below

1. How to ensure that Ex-wife is taking good care of children if she is not taking right care then what the exact rules says?

2. How to ensure that I will have everything written in an agreement and share with the bank so that she will not withdraw the amount for self-use. Please share any checklist?

3. In case of her second marriage, how the FD (Child Alimony) will be used, whether her second husband will go to take care of daughters including their schooling, medical, Marriage, etc without withdrawing of FD Money?

4. If FD was created in the name of Kids (daughters) and they want to come back to father before 18 Yrs then who will control the FD and what is the role of the Mother (Who currently wants to keep them for money), whether her signature is still required before during maturity of FD

5. How to ensure that Ex-wife will not be going to withdraw the amount for her self use. Please share what exactly the rule are?

6. Whether Ex-wife can withdraw FD (both Principle + Interest) before its expiry (I.e. before kids turn 18 yrs)

7. In case if we found that the FD amount withdraw was using for self-use, or any other use not related to kids then what steps are required to stop it legally?

8. whether the Bank has any authority to stop withdrawal of amount considering the Ex-Wife is using for herself?

9. If Kids wants to come back to father after 18 yrs, then what are the steps to be taken legally?

Kindly help.

Regards, Satya

Rithi singh   14 September 2019 at 08:30

Marking of documents procedure

I'm a petitioner and i submitted list of documents in the court.
1. Original documents
2. Adhar (xerox copy of Accused)

------------------

Court has marked only original documents which i have submitted in the list of documents.

Adhar Xerox was not marked.

Xerox (Adhar) is the government identity proofs of Accused

Is any section for marking government id proof of xerox ----or ---- Is any section by which party can request court for asking to submit original identity proof of accused by his (accused) own.

My question is how do i request court for marking xerox copy of Govt id proof ?

Rithi singh   14 September 2019 at 08:16

Marking of documents

I'm a petitioner and i submitted list of documents in the court.
1. Original documents
2. Adhar (xerox copy of Accused)

------------------
Court has marked only original documents which i have submitted in the list of documents.
Adhar Xerox was not marked as it was not original document.


Xerox (Adhar) is the government identity proofs of Accused

Is any section for marking government id proof of xerox ----or ---- Is any section by which party can request court for asking to submit original identity proof of accused by his (accused) own.

My question is how do i request court for marking xerox copy?

Anonymous   13 September 2019 at 22:37

Marriage canceled after engagement

Hi Sir/Mam,


I am the groom and was engaged in May and was planning to get married in December. However as time passed my family felt that brides family are not good and put things forward in demeaning way or by being self centered. I called off the wedding however before i could discuss this decision my father deposited check given by brides family in bank. But within 1 to 1.3 hours i got it cancelled and reverted the amount to brides father account. We made it clear to brides family that we wont be able to take this forward but now they are threatening of legal actions. Please let me know what consequences can happen.

sudhakar s. yeradkar   13 September 2019 at 18:07

Minutes of last agm held on 01.09.2018 not circulated till

Respected sir / Madam,
We would like to seek your expert advise on the following issue......

1) The last of AGM of our Co-op Hsg Society held on 01.09.2018 but till today the minutes of the same not circulated to the members. As per Bye-laws it must be circulated within 3 months from the date of AGM to all members for their observations and suggestions if any and thereafter it has to be finalize in the MCM. Unfortunately the minutes of last two AGM's are not circulated till today and the managing committee have called the AGM for the this year - Please advise the appropriate action.

2) In the current AGM notice the managing committee has mention that .......
If it is found that there is no quorum up to 10.00 am, the meeting shall be adjourned for half an hour and this adjourned meeting shall be held on the same day and same place at 10.30 am and in such adjourned meeting the business on the agenda shall be transacted and implemented irrespective of the quorum. - We would like to know whether is this legal as per bye-laws?

Please guide us in this matter.

Thanks in advance.

Naveen   13 September 2019 at 17:35

Resale of 4 wheeler

Dear Sir/Expert,

Issue details as below:

I had sold my Car to one of the reselling vendors (OLX- CASH MY CAR) on 19th June 2019. I had got the money except 5000/- due from the vendor. While doing the transaction that it was mutually agreed that the ownership transfer of the vehicle will happen in next 15 working days from the date of the deal i.e., 19th June 2019, and I will be getting my balance due of 5000/- on that date. I had handed over the vehicle to the vendor and they had given me the written acknowledgement saying OLX-Cash my car is responsible for any kind of traffic violations and any other legal obligations thereon.
I am in continuously doing follow up with the vendor for ownership transfer but till date they have not. When I called their customer care, I came to know that ownership transfer will take min 90 days from the date of the deal which was not mentioned to me at the time of deal closure.
I planned to purchase new vehicle, but I was forced to put on hold, as the existing car is still on my name and I had to pay additional charges (RTA taxes) if I am buying second vehicle. I am using public commutation for my daily needs and paying approx 400/- per day.
This situation I explained to Olx-Cash My Car customer-care and also given written complaint to their customer care mail id. Had given couple of reminders but no use and they are not reverting. When I called their local office, they were very rude and impolite in response.
In this regard I would like to go with Consumer forum to file a case against OLX-CASH MY CAR.

Please suggest,

Thanks,
Naveen Kumar.T
Hyderabad

Rakhi Jadav   13 September 2019 at 17:15

Guardianship certificate

II want to apply for my client he is brother of mentally retarded sister so her sister is adult 45 age so can he apply at local level committee and where should we contact where is office as applicant stay in Mira Road. Thanks. Adv Rakhi Jadav

Jayandrasing   13 September 2019 at 15:29

Financial irregularities

Dear Sir
From 2013 I have deposited Rs 3000/Month in Sahara credit cooperative society for 5 yrs my scheme ends in June 2018 so as per maturity they have to pay me 180,000 (deposit)+20000(Intrest)= 2lakhs but due to SAHARA-SEBI issue in SC they have paid me only 1 lakh 4-5 months late after maturity with temporary FD of remaining amount but now due to my financial problem I am asking them to return my amount by disbursement of FD earlier than due date but they are saying we are unable to give you amount until final decision of SC on SAHARA-SEBI case.But in between period i am unable to pay my SHOP'S GST Returns& IT returns also my gold loan renewal is pending due to short of money.1)So can I apply in consumer court?
2) if I approach to consumer court can I asked for compensation of Fine which I have to Pay for late filing of GST,ITR & extra & percentage of interest on my bank loans due to not paid on time because of SAHARA haven't paid me on time so I am unable to pay.
Sahara scheme Maturity time was june 2018 it's 15 month +
In short can I ask for compensation from sahara for my losses in last 15 months due to unavailability of payment which I have planned before?

Ravi Mitkari   13 September 2019 at 14:54

Setion 8 company

Dear Sir/Madam

I Am CS Executive Level Student I Just Want To Know That Is Section 8 Company Can Accepts Loan From Banks/NBFCs/Other Financial Institutions? If Company Accepts loan From Individual Then Is It Non-Compliance or Defeat Any Any Provision Of Companies Act 2013?