S.R.Venkatraman
09 April 2015 at 13:19
In a case of land grab, F.I.R has been filed under I.P.C Sections 420/447/468(non-bailable offense)against the accused -The matter has been transferred to the C.C.B, Chennai after land grab cell was set up.However,no further action has been forthcoming from the police department on the pretext that the accused obtained 'Anticipatory Bail'from Madras High Court.
On my personal visit to The C.C.B office, I was informed that the investigation has been completed and charge sheet need to be filed after the investigating officer obtains the statements from the accused - However,the police has been maintaining that the accused have obtained Anticipatory Bail.
I discussed the matter with my advocate to know the truth-My advocate says that F.I.R has been filed against the accused only after investigation into my C.S.R and after clearly identifying the gravity of the crime as falling under I.P.C sections 420/447/468 and proves the offense committed by the accused.Therefore, the question of anticipatory bail does not arise.My advocate further states that anticipatory bail is granted to prevent police from arresting a person on mere 'perceptions' and assumptions that the person might have committed a crime-once the crime is proven, the anticipatory granted to the person gets cancelled and the police ought to arrest the accused and bring him/them to court for further trial under criminal law since land grab falls under criminal law.
Anticipatory Bail is only a temporary relief granted to a person so that he does not suffer harassment or unjustified imprisonment due to police action.
If this interpretation of law is correct, I would like to know whether the police is right in giving the same excuse for not arresting the accused even after the crime committed by the accused has been substantially proved.
supreeth
09 April 2015 at 11:42
my grand father and his brother living jointly, my grand father brother has no son or daughter and he adopted my uncle and he executed unregistered deed in 1982 to my uncle. but his wife (grand mother) illegally changed our ancestor property and joint property to her name and executed gift deed in her brother name. now property changed to her brother name when suit is running but my grand mother had temporary injunction against my uncle. last year my grand mother expired. now her brother applied for temporary injunction and police protection under section 152. but civil court rejected his application and given order if he has injunction order under rule 39 (1) and (2) he can apply 39(2A) for protection.
now what we can do now. he will apply for Temporary injunction and protection?
against gift deed can court give injunction order?
Kindly help us.
yagnesh dave
07 April 2015 at 13:17
I HAVE FILED SERVICE TAX RETURN FOR PERIOD APR TO SEP 14 FOR RESIDENTIAL COMPLEX CALCULATED TAX ON 25% OR 3.09% OF TOTAL VALUE AND SELECTED NOTIFICATION 26/2012 AND SERIAL 1 IN SERVICE TAX RETURN BUT NOW WHEN I VIEW MY ST3 RETURN IT SHOWED ERROR THAT 26/2012 NOTITFCATION AND SERIAL 1 IS NOT APPLICABLE TO RESIDENTIAL COMPLEX SERVICE. MY QUESTION IS THAT WHAT IS THE CORRECT NOTIFCTION AND SERIAL NO FOR RESIDENTIAL COMPLEX SERVICE FOR ABOVE 3.09% CALCULATION AND WHETHER MY CALCULATION IS CORRECT OR NOT
Read more at: http://www.caclubindia.com/experts/ask_query.asp
UMMkalantar
04 April 2015 at 10:37
Dear Experts
The brief of past of the case (we are plaintiff):
Our OS is dated July 2013 (Emergency & Permanent); the defendant also filed OS in July 2014. Both are together heard by the same court. Our OS suit in the City Civil Court is for bare injunction restraining the defendants from interfering with the plaintiff in demolition and reconstruction of a three storey building. Inspite of the Police complaint, the Hon’ble High Court direction to Police to enquire based on our CSR and the municipal corporation letter to police to provide police protection to demolish the un-demolished single storey, we are unable to commence demolition work for which the police authority cites the reason of pending court case.
To protract and prolong the case, the defendants filed interim applications on the ground that our plaint suffers from insufficient cause of action and court fees etc under O7R11 of CPC. The learned judge rejected which was again contested by the defendants in the High Court as revision petition under article 227 of the constitution, which was also dismissed by the Hon’ble High Court; consequently connected miscellaneous petition are closed. No Cost. We are awaiting interim order.
Yet to be demolished one floor is in a dangerous condition of collapse which is danger to public and traffic, that is mentioned in our plaint. We could not go near our building. The defendants are unlawfully threatening us. Further, we are forfeiting our Municipal charges paid for planning and building permission due to target time expiry which is over one lakh rupee.
Experts what additional steps we have to take start our demolition works. The next summer holidays are going to come? What is the significance of interim order of our prayer?
The defendants threatening us with further writ petition to protract the case? Is it permissible?
Thanks in advance.
vicky
04 April 2015 at 08:00
am staying in an apartment for the last 4 years. While I have only one car park as per the rental agreement, I have 2 cars and when I discussed with he society about the charges they said the same would be 1k per month and I paid the same for 3 months. Post this I was told to hold paying the charges as they were allocating slots and so on. Now the next I hear from them is after 4 years saying that I have to pay all dues. This is in spite of them not raising the bills till date. Now during this period my car also had damages due to tree residue , children playing where in I had to replace my wind shields. As a tenant I have not gone back to the society on this damage issue and raised bills. Today out of the blue isince there is a new committee is it right for the society to raise back dated bills and say that they cannot be held responsible for damages of the car?. Should it not be that since they raise back dated bills for 4 years I could also pay the differential ( bills less costs of damage) and close this issue?
Sumit
02 April 2015 at 09:53
Dear Sir,
My father being member of a housing co-op socy under the West Bengal Co-operative Socy Act had obtained a sub-lease on a plot of land via a deed of conveyance in the year 1978, the sub-lease was for a period of 99 years.
In 2003, my father wanted to sell his house and applied for permission for transfer of lease-hold rights and membership to his tenant.
Socy took my fathers letter as resignation(even though he never used that word) and took resolution to transfer his sub-lease plot with constructed house in favour of tenant.
Socy got permission from registrar and gave membership to our tenant. My father had entered into an agreement for sale to his tenant, however the property was never sold and the transfer also could not be completed. The tenant never paid money to buy the property. The tenant is in possession of the property.
Now, Father died in 2009 and present situation is that we have inherited the property and the co-op claims that our tenant is the member.
It is a strange situation.
My question is:- Can a Co-operative Housing Socy. in West Bengal transfer the Sub-lease to our tenant when the sub-lease has already been conveyed to my late father for 99 years(as per earlier deed)? Particularly when the property has not been sold yet and the original member has not transferred his property.
Regards
Sumit Basu
Pramod
30 March 2015 at 12:29
Dear Experts,
My Land had been under Sec 10(3) and 10(5) but the entry is not reflecting in the 7/12 the Ceiling office too has no records of my case. We had filed a case against acquisition by ULCA and procured a stay in 81, this case was disposed in 91 with the comment that stay "may" be vacated. I have a letter from the Talathi that there has been no acquisition or reservation in the whole of the survey no. that my land is in. Is my land free of Ceiling by virtue of the repeal act or do I still have to go through Court and get the Land restored? Has the 10(3) notification become null or is my land still vested with Government?
Thanking you,
Pramod
sam
30 March 2015 at 10:29
We stay in small C.H.S. having 8 members Building was constructed in late 1990s.
Now old builder have sold redevelopment rights to another builder.
In order to select specific builder Some members are showing extra interest to sign MOU with builder without following 79A,
2 members out of 8 have voted against redevelopment without following 79 A.
Now remaining 6 members out of 8 have taken many S.G.M. and passed resolutions, appointed PMC, process some steps and appointed same builder. All without informing us or sending notice.
2 days back they appointed developer in presence of Authorized officer. We came to know about said meeting only when People started to do Video Shooting in Society. Just before Video shooting, they pasted 14 days back dated notice of meeting on society notice board.
We two members immediately went to S.G.M. meeting and raised objections, to Authorized officer, and stated that since last 5 months, no notice were sent to us, and no confirmation is taken then how come this meeting and so called 79A, steps are completed.
Said authorized officer appointed by Dy.Registrar of Coop. society, told us that he is not concern about this, if we want we can go to court for such matter, he even did not record our objects on Video, we did not sign consent letter, but only signed society register as we came for meeting. They closed all meeting within 10 min and closed light.
Q.1. Now What are options available for me?
Q.2. What is Approx cost of Stay and other proceedings?
Hope to get some right advice, and thanks in advance.
Pran
04 March 2015 at 13:12
Respected Sir/Madam,
My grandfather had left me some of his agricultural land property in west Bengal. The land property is mutated in his name, and he expired in 2003. He gave those agricultural lands to his brothers (who live in his village) for utilizing those. The deeds of those agricultural land properties were given to his brothers by my grandfather himself.
My father also expired in 2011 and I want to do the mutation of those land properties in my name as because I am the sole and original legal heir. I have the succession certificate (affidavit) done before the executive registrar in west Bengal, but I do not have the original deeds of these agricultural land properties. When I went to the brothers of my grandfather to ask for the original deeds they said that all deeds are lost and they cannot find those.
What should I do to get my name mutated in those land properties, with the available documents ?
Can I get my name mutated in these agricultural land property left by my grandfather only with the succession ceritificate (affidavit) done before the executive registrar ? without the original property deeds…
Please reply…
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Redevelopment
ownership of flat in Joint name Firs My mother 2nd me and 3rd my brother in share certifcate all three name is mention now my society gone for redevelopment we had request builder to gov two flat means 1st Flat in my mom & me and 2nd flat mom and brother now my query is builder can reg mofa agreemnt