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Member (Account Deleted)   31 May 2011 at 10:31

maharashtra rent control act

sir,
i am representing a landlord in a litigation who has given his premises for 33 months on a registered leave and license agreement to one of his colleague junior doctor for medical purposes.
now, my client had filed a suit for ejectment and possession before the Small Cause Court and the same was decreed. thereafter, the defendant therein filed an appeal U/s. 26-A of the Provincial Small Cause Court Act, and Section 34 of the Maharashtra Rent Control Act, 1999 and the same was duly dismissed. now the original defendant has filed a Writ Petition U/A. 226 of the Constitution before the High Court and the prime ground is that, since the definition of licensee does not include premises given for medical purposes. the defenant is not a licensee and hence all the proceedings undertaken by my client fall to ground and that the defendant becomes a tenant or a lessee ?

my questions :-
1. is defenant correct ?
2. Whether a leave and license registered agreement for commercial purposes help a landlord to file a suit for ejectment and possession before the Small Cause Court under which act ?

Anonymous   30 May 2011 at 06:04

Payment of Tax in my name instead of Seller name after registration

Hi Experts,

Thanks for your continous advise.

I have a query that the property of half site(15*40) got registered in my name in Feb-11 and Khata transfer to my name in Mar-11.

Now I would like to pay taxes in my name in BBMP. but the BBMP person is telling that IF I pay taxes from 2009 to till I through DD's I will get computer receipt then and there itself in my name and If I want to pay taxes in my name for this year then I will have give application for transfer of tax paying authority from seller name to my name. I am confused with which one I have to go ahead.

Thanks.

Anonymous   30 May 2011 at 05:47

Original doccuments are required to be given to the first purchase or Second

Hi Experts,

Thanks for your advise to my previous query.

I have one more query as mentioned below:

I have purchased 15*40 site out of 30*40 and the remaining purchased by the other party. now my question is I(first purchaser) have got all doccuments certified by registrer office and the all original doccuments given to the second purchaser.

So my question is who is the authorised person to get all orginal doccuments(first purchaser or second purchaser) as the property was sold by dividing half to one person and the remaining to other person.

Arka Foundation   29 May 2011 at 21:37

Who is IO in 498a DSP/SHO/IO

Who is IO in 498a DSP/SHO/IO based on the citation

Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:

if so, can i recommend my clients to go 4 quash placing this citatiaon on reliance.


Brief of citation

oficers With Authority To Investigate 498A Cases:
a myth that officers of the rank of DSP are the only ones empowered to investigate 498A cases. Here is a g from the Chennai High Court

Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:

“The further contention of the learned counsel for the petitioners that the investigation should have been done only by the Deputy Super intendent of Police who is defined as police officer under the Rules and not by the Inspector of Police, cannot be countenanced. The Rule is a subordinate legislation and the provisions under the Criminal Procedure Code give full power on the Inspector of Police to proceed with the matter and apart from that, the definition for Police officer would clearly reveal as submitted by the learned Public Prosecutor that nowhere there is a prohibition that below the rank of Deputy Superintendent of Police shall not exercise the power to investigate the case and hence the contention of the learned counsel for the petitioners in this regard cannot be countenanced.”


Please answer..

Arka Foundation   29 May 2011 at 17:25

Consumer Case Laws please

Dear Experts,

Can anyone help how to find below mentioned case laws or can any one upload the same

a) Essen Computers Ltd. v. Tagore Gracias, 1992 (II) CPR 556.

b) Solvochen Intermediates Pvt. Ltd. v. Boilertech Engineers Pvt. Ltd., 1992 (II) CPR 322.

c) Kurukshetra University v. Vinay Prakash Verma, II (1993) CPJ647.

satya gaud   29 May 2011 at 16:40

Proving CCTV Footage

Hi
this is satya, I am a practicing advocate at Mumbai, i have an occasion to see one trial before sessions court of robbery case, in such case prosecution was heavily relying upon the footage of the CCTV images wherein prosecution was claiming that accused images were captured by CCTV and such images were converted into CD and prosecution wanted to play such CD in the court premises which was part and parcel of Charge sheet further the copies of CD were also served to the accused as per compliance of section 207 of Cr.P.C., it is noticed by me that presiding Hon'ble Judge was not inclined to allow to play that CD in court on lap-top and insisting the prosecutor to show the procedure in Cr.P.C. and Bombay High Court Criminal Manual pertaining to prove such electronic documents/articles as per the legal provisions.
Now my query is that whether a CCTV images (in CD form) can be played before the court of law and to what extend such documents/articles are admissible in evidence and if yes what all the necessary provisions and legal procedure for proving such electronic articles in the trial court, with relevant citation, if any....suggestion and answers would be highly appreciated....

Regards


Adv Satya Gaud

vasudha murthy   29 May 2011 at 15:23

CIBIL REPORT

I had availed an educational loan from Nationalised Bank.During Nov 2005. Course completed in october 2009. Repayment to start from Nov 2010. EL rules provide that interest accrued during course period can be paid along with principle in equal emi after 1 year from completion of course or getting employment whichever is earlier. However my parents who are also coborrowers agreed to service interest as soon as the loan availed with a good intention of reducing burden later on. However as my mother retired during fag end of interest service period and few instalments became overdue. Bank treated my account as default and reported to cibil during Sep 2009. However after long correspondence and arguments we were able to convince bank that there was no obligation to pay interest before completion of course and any default cannot be treated as NPA and they promised to re phase installments and treat account as STANDARD ASSET.
Is bank wrong in reporting the matter to cibil ? Now after restructuring as Standard asset can I demand removal of CIBIL report?

suresh   29 May 2011 at 15:14

Hidden heirs of a property

X bought 5 acres of land - Hindu, AP State.
X died without leaving any will in 2007.
As per HSA, 3 class-1 heirs inherited this property (X's wife, 1 major unmarried son, 1 major unmarried daughter).

I am planning to buy the entire 5 acres property via sale deed including all the above mentioned 3 heirs as "executants".

I dont want any shocks in future where other than the above 3 heirs starts claiming their shares in the property (Hidden heirs)
Example: X's mother may be alive, another son / daughter of X may be alive, etc who also can claim their share in X property.

So before proceeding with the buying of this property, I need a legal document which CONFIRMS that X has only 3 heirs (wife, 1 son, 1 daughter) as mentioned above.
What Legal Document CONFIRMS me that ?
(1) Legal heir certificate issued by COURT (MRO is no more issuing this in A.P)
(2) Succession certificate for Immovable property issued by COURT
(3) File a declaration suit for legal heirs and get court order

Which one is the BEST document which confirms the legal heirs of X ?

Thanks,
Suresh

Anonymous   29 May 2011 at 13:53

land sharing

sir/madam...
my grand father has two sons, these two sons got land equally in pattadar pass books in 2003..after my grand father died..one son got a document that he have to get 2 acres land extra, which was written in 1989,is this document valid or not
pls reply to my message

Ajay Kumar Reddy   29 May 2011 at 09:48

What is the procedure for 340CRPC application

Thnak you very much all expert to suggest me and give me the valuable advice to me. Shri Bhupendra sharmaji u have told the Judgement of apex court to this effect that it should be decided after the evidence is lead in respect of the same. More so the discretion has to be exeercised in judicial manner not in arbitrary manner as suggested above. Can you please provide me that judgement because it is very much urgent and valuable for me. Ajay Reddy