Art.14 n MTP act

Thnks a lot Praveen sir n Patil sir,

i have a related query as well,

if i challenge whole of MTP act or only sec.3(2)of this act what shd b the grounds of pleading?
if i challenge sec.3(2) on d grounds of arbitrariness(Art.14) n right to privacy(Art.21) then how should i prove them?

n if i challenge whole of MTP on rt. to equality n rt. to life dn how shd i proceed??

i will b really greatful if u can take out some time n help me in my work.

thnks

lease pendency

respected sir,
i would like to ask,
a) is there any time limit for lease pendency to be filed.
b) just because the matter is in court
can this be only reason to file lease pendency.
the property on which lease pendency is filed belongs to my fahter and me from last 42 years even if the property huf.
c) can partition deed be made on simple paper. can it be applied after 3 decades for only one property out of five, the rest have been sold out.
plz advice,
thank u

Registered Society

http://www.openrti.co.cc/

Kindly visit the link. If the page have any problem, download the zip file. I have never heard of this type problem before. If anybody have seen this type problem, kindly post an article in this club.

The main question confusing me is "Why these are going on?" This is not a normal situation. Most people generally search legal advice in abnormal position. But this case is beyond my range. I can go to the Court and fight and win, but I failed to understand the reason on the actions. So I am putting the problem for the world. Kindly analyze and help.

pendency of civil case a bar to move a criminal writ petitio

Thank u

We stay at thane in a 277 square feet Building (pagody system a two floor appt) which belongs to my grandfather (as per municipality record)
My grand father has three sons
A, B, C
C is my father; we stay there since past thirty years .my other two uncles (A&B) stays separately since last thirty years
We are paying rent (we get receipt on out grand father’s name) since last thirty years,
My grandfather died in 2001 & since we had not changed any record in municipality.
Apparently our family stays there since a very long period & we are the real owner of the property
The said property has been demolished by all tenants because it was declared as dangerous by municipality.
Now we all tenants are trying to develop a new apartment & now my questions is
1)My older uncle is demanding something from the property can he do so ?What we can do to prevent him interfering in our property?
2) can we legally put our( My fathers) name in municipality records as against our grand father considering our very long stay in the Building? It means they had given up their claim by passing of three decades & now how can they demand now?
Please suggest

Redevelopment issues in a Coop Hsg Society

My father is a memeber of a plot purcahe type society of 19 members owning small medium and large flats.

This one of the (maybe only) societies that apportions repairs and maintenence expenses on all common areas like compund, terrace,landings .passages,pump room,compound wall etc on equal sharing basis .In almost all societies the sharing is on area basis except the common service charges.

The society is going for redevelopment wherin now one smaller flat holder is asking for equal sharing in additional FSI benefits by way of his having contributed to the expenses equally and also the fact that even in future he will have to share the burden for expenses in same way for maybe double the number of flats that may come up for the rest of the life of building.

Is his contenetion right. The byelaws and MCS Act 1960 are silent on same.

Whilst the Dy Registrar in 1990 gave an opinion on the request of larger falt owners that the expenses are to be shared, now he states that the smaller flat owner has to approach appropriate forum.

an anyone advice or is there any judgements?

Please advice

MAINTAINANCE

Bar u/s 125(3) 2005(2)ald(crl)370(sc) held not applicable-original appication filed with in stipulated period one year subsequent applicationfor arears for subsequent period-do not amountbar of limitation u/s 125(3) crpc.
Act u/s 125 (3) is specific. payment and liabulity are different issues,
WHEN ACT IS SPECIFIC AND NOT AMENDED /ALTERED CAN ACT PREVAILS OR JUDGEMENT PREVAILS.
PLEASE FURNISH ANY CITATIONS THAT ACT PREVAILS

Mortgage-Leasehold rights

Hi All,

Can a leasehold rights be equitably mortgaged? A leasehold given for a period of 30 yrs to a trust and the trust needs to avail a loan from the bank.

Please advise how has to create EM in favour of the bank?

1.The original owner
2.The leasee since the period of lease os for 30 years
3.The original owner and Leasee jointly since both have interest in the property

Please advise

Rent on Service Tax.

Dear All

We remember that levy of service tax on ‘Rent’ was held ultra vires by Delhi High Court in case of Home Solution Retail India Ltd. Vs. UOI and others (2009) 20 STT 129. Union of India- who was the respondent in said judgment filed a SLP in Supreme Court, praying inter alia for stay of operation of Delhi High Court judgment. However, the Supreme Court did not stay the operation of Delhi High Court judgment, but issued notices to parties concerned to file their replies. During pendency of matter in Supreme Court, Revenue authorities instructed their field officers by way of Instructions dated 15thJuly 2009 to take necessary action to safeguard revenue by either pursuing the tax payer to pay up the service tax or resort to means under law. The Instructions issued on 15 July 2009 were challenged by SSIPL Retail Ltd. in a Writ petition filed before Delhi High Court who has taken strong objection to said Instructions and it was assured by Additional Solicitor General, appearing on behalf of the Union of India, that corrective steps will be taken to issue further instruction, in super session of earlier instructions, to not to demand service tax till such time Supreme Court decides the SLP.

We want one clarification that if it is applicable on the properties situated in other states.

Please resopond.

Regards,
Manish

We

non-involvement, n prosecution in customs duty evasion cases

Dear All

Can anyone suggest/provide me the draft for
“Undertaking by the company for non-involvement, non prosecution of any of its senior Members in customs duty evasion cases”.

Thanx in advance.. please provide..

Manish