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yogesh bawiskar   22 February 2010 at 22:03

jurisdiction of civil court / co-operative court

Plaintiff is not a member of maharashtra co-operative society. she is not debtor, guarantor. She never gives her property as mortgage to society. But her Husband is member of co-operative society and he is also debtor and he gives his share of property as mortgage. property record shows names of both as a owner. Co-operative declare auction sale of total property.so she filed suit in civil Court to stop the recovery proceeding in regards to her share in property. Defendend filed objection u/s 9A of C.P.C. Whether their objection is teneable or not ? please give suggestion with case law.

Anonymous   22 February 2010 at 22:01

grammatical error in sale deed

sir,
I have got a sale deed executed at Lucknow. The language contains certain grammatical error of kind that seller has been used as singular person as well as plural persons. How much this defect affect the title and how it can be rectified if required

Saj   22 February 2010 at 20:53

Eligibility to be in the director board of a pvt ltd company

Is there any law telling that, the investor owns certain amount (%) of equity has to be in the director board of the company.

For instance, where is the position of an investor owns 3.5% of the total equity in a private limited company.

Any suggestion would be highly appreciated.

Saj

girish kodarlal bhavsar   22 February 2010 at 20:07

nagotiable Instrument Act

If the cover of sttutory notice by RPAD may return with endorsement that the Adress is in complite in spite of that the UPC is not return by the same andorsement can the holder of the cheque can file Complaint u\s 138 of Negotiable Act ? whwther the Complaint is tanable and maintainable provided under the N.A. act?

Thiru   22 February 2010 at 19:53

Tenant Eviction Process

1. I have agreement with Tenant (Not registered) for 11 months
2. Agreement period is not over
3. Tenant not paying rent for last 5 months (Paid rent only for first 2 months)
4. Tenant gave oral notice period before 5 months (Notice period as per aggreement is only 3 months)
5. Tenant not saying will not vacate but always buying time for the past 5 months
6. Neighbors already raised oral complaints against Tenant (Ready to give complaints in writting also) for public nuicance with lot of dogs and cats inside house
7. Not allowing me (Owner) to inspect the house (Very difficult to enter because of lot of dogs inside)
8. Already informed (Not in written) to local police station

I went through many websites and many of them saying law is towards tenant and eviction is not easy it will lot of years to do that - Is it true? Can any one help me to file appropriate case to vacate / evict tenant sooner?

swati dey   22 February 2010 at 19:41

provident fund

Is under Indian law Worker entitled to PF benefits?

YASHPAL RAWAT   22 February 2010 at 19:39

Perquisite of Company Vehicle

The company vehicle is given to staff and all the running expense and Driver Salary are reimbursed to employee and employee say that the vehicle is used only for official purpose and even Journey between from Residence to Office is also come under official Duty so we should not charge it as perquisite kindly advise me .

Hemant Dalal   22 February 2010 at 19:35

Bombay Public Trusts Act

My client, who is a non resident indian, wishes to establish a public charitable trust in Surat, Gujarat. Our application is being rejected by the Asst. Charity Commissioner on the ground that since my client is a Non Resident Indian and is not having any permanent residential house in India, he can not become a trustee in the proposed Trust.
The Asst. Charity commissioner is pleading on the ground that there is a provision in the Trust Act that a trustee has to take Charity commissioner's permission to remain out of india continuously for more than 6 months and it is implied that only a resident person can become a Trustee

Please advise as to whether this contention is right? This is a bit urgent, since the application is pending for more than one year.
Thanks

raju   22 February 2010 at 18:44

cosumer case against builder

i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct by masonary and r.c.c. concreting otta/balcony & handover the flat to me after that i fixes grill on masonary work of otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony . and mentioning of 730 sq feet area as a flat area.
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason. please say court decision in my favour or not.

Arul Kumar   22 February 2010 at 17:00

Legal Heirship certificate

DearExperts, Kindly advice me on Heirship Certificate.
Mr. A has died without leaving a 'Will" and he has left immovable property worth Rs.40,00,000.
He has left 8 children, 4 sons and 4 married daughters. How can they change the immovable property in their name and sell it?
Through Court(By Heirship Certificate) or Through effecting change of name at SDO(Sub-Divisional Office). Whereas all the advocates are suggesting the Court method, the bond writers who sit outside courts and tehsildar office are suggesting the SDO method. Which one is correct and legal.

Please answer at the earliest.

Thanking you,