lalatendu das
14 April 2015 at 13:01
Sir we are staying in an apartment for last 11 years.at the time of construction the plan approval authority was with local BDO and builder had taken the approval. Now 2 days back a local news channel has telecasted that our appt.is illegal and why development authority(not BDO) is taking steps to demolish the appt.which has created panic among occupants of appt.
now I want to know whether we are in a position to take legal action against that chanel or not.if its possible then what legal action we should take.
suresh
14 April 2015 at 12:01
I With four other had filed cases against Pune Muncipal Corporation in the year 1999 which we got a judgement in our favour ie Absorbing us as Meter Reader according to General Body Resolution Dated 22/11/2002 then neither we nor the P.M.C. went further they offered us totally other post ie daily wages rojandari bigari a class 4 non permenanet post without the facilities given to permanent employees on date 2/9/2004 instead of schedulde post of Water Meter Reader
We continued our communication with them time to time they gave us in written that as soon as post are vaccant they absorb us on the said post Meanwhile in a similar case of Mr Maniyar whose judgement was given in 2007 who was also in above GB Resolution and who won the case reffering our case was absorbed RTI disclosed that were post vaccant and PMC had gien wrong info to the court as well as us further without giving us any idea they went to High Court which was rejected on basis of delay We gave notice that we will file contempt of court which resulted in givng us Meter Reader schedulde permanent post ie a class 3 post on 23-10-2012 and got benefits of a permenant employees from 2012
our question are
Can a Contempt of court be filled on the order of industrial court 2004 in the year 2015 High Court Oder 2011 can it make a diff and if filled will it sustain or be rejected on basis of delay is the correspondence
PMC has taken steps to give us back dated benefits but its intentions are clear not to give us as some of the superior authorities claim that the PMC is not bound to give service as per the industrial court decission while their legal department has given several opinions in our favour as that contempt of court action could be taken on the concerened we demand service benifets from year 2004 is our claim right and should we file contempt of court or any other process is there please guide us
Thank You
vikasshah
13 April 2015 at 09:27
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
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
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Deed
If builder was registered one sided Deed of Confirmation after the 25 year and second party is no more ,only legal heirs are there.
Then Deed of Confirmation is valid or not.??
Builder was made forgery in signing documents.
But we do not have any proof to prove it.We only have lawful will and old some documents to match the sign.Sign does not match.
builder was force fully enter other CTS number in that deed of confirmation.
Kindly guide me.