ravi
11 August 2018 at 18:03
Hi,
This is regarding mental harassment by my neighbour. We have been suffering mental torture for many years from our neighbour on the ground floor. The latest case is, we were installing split air-condition in our house and the unit has to be installed in the wall outside. This was being done at 3 pm as per society rules (after 2.30 pm the work can be done). Our neighbour took objection and told me to install the unit on top of our house. I asked her to complain to the society if she has any issues. After about half an hour, police came to our house and said that she had made a complaint about us. We explained to the police the details and they left. We have written a strong letter to the society and are awaiting their response. The next day of the incident we went to our local police station to file an N. C. Police said they do not file N.C. for civil matters and we should take it up with society and file a court case.
We need your advice on the next step as all our society members came to know that police had come to our place, which is not a good thing specially for respectable citizens.
Also, both my husband and I are retired hence we have financial constraints.
Please advice us so that we can stop this nuisance once for all.
Vivek Kharat
11 August 2018 at 17:38
Please guide me i resident beside the road,few month ago in April three person were drinking liquor i waned and stop them doing so then my father and one unknown person force them to live the place while forcing they don't use any weapon or anything but we decided to complain but we faces such problem daily so didn't complain
but the one of three person filed fir agaist my father and mention one of son in fir they mention that we have given refrigerator for repairing but the owner and his not repair and not giving reff. back and they have bitten the person by hokey stick they have not mention name
we get known from police that they have file fir u/s 324,504,34 even have medical for injury .
now the 4 month have past and police call for bail but many of time we reach the station he was unavailable and unable to support
i want to know the police procedure,time for investigation,and for fake fir and what will the steps future
what should i do
somesh
11 August 2018 at 16:52
Dear Sir,
We are a reputed transport contractor. We are into logistics & transportation business serving our esteemed clients satisfactorily. We wish to state that we had provided transportation services to one of our client between the period December 2009 to March 2010, to various locations as per the rate quotations agreed mutually between us. Accordingly, we had executed the transportation and delivered all their consignments, in safe and sound condition to various consignee destinations. As per acknowledgment received from the destination site we raised all the freight bills and invoice as per the rates agreed for which the total amount comes to Rs.9,24,000/- out of which they have made part – payment of Rs.1,50,000/- in 03 parts and balance principal sum of Rs.7,74,000/- has been withheld erroneously and dishonestly without assigning any reason thereof.
We in a good faith didnt bothered them as their financial condition was not well but we repeateadly reminded them of our outstanding to be paid and they asked us for some time. we even told them to pay as per your convineince.
Now the directors have closed the company and stopped answering or calls and mails they even changed thier address but we somhow managed to find their new address and it took us 2 years. we met one of the directors and asked her for payment of our outstanding dues she said we have lost everything so we cannot pay your dues write it off from your books. then we registered the case with aaple sarkar and sought police help even they clearly said we cannot do anything in this matter go to court.
The directors of the company are living lavish life having thier home and office in posh areas of pune.
please suggest us some way out to recover this dues as it is too old.
Thanks
Somesh
Vaidyanathan
11 August 2018 at 15:42
1) In a co-op hug Soc in Maharashtra when a member obtains a letter of administration from high court in 4 individuals favour, sharing 25% each and after transfer one of the 4 dies intestate, can the deceased persons wife claim the property as only legal heir.
2). After following procedure under byelaw no. 35 does the claimant become a Nominee or gets absolute ownwership.
yogesh thaware
11 August 2018 at 15:09
I had filed a review petition in central administrative tribunal Bombay in August 2017 against my OA dismissal.when the review petition was filed one of the member (administrative) of the division bench who passed the OA dismissal judgement was transferred to chennai bench of CAT.A new administrative member then joined CAT bombay.one original member (judicial) was still available and was the chairman of CAT.since one member of the original bench was transferred the review application was heard by one original judicial member and newly appointed administrative member.I construed it as a reconstituted bench.notice was issued to respondents and review matter was heard with as many as seven hearing dates.The respondents filed only one reply after three hearings (they were absent during first three hearings).during these hearings the written orders specifically mentioned the corum with names of original judicial member and new administrative member.The judge(judicial) reserved the judgement in March 2018 hearing but he again dereserved it and pushed the matter for another date of july to rehear both the parties again because some citations judgements in support of review application were submitted by my lawyer in CAT office after hearing and the judge wanted it to be properly indexed with synopsis which I thought was a deliberate delay tactics of the learned judge as the respondent party lawyer has no submissions/objections/aversions to make.this was done despite of the fact that the respondent lawyer had nothing to say or add whenever judges asked for his response or version (he plainly admitted of no response and remained silent in every hearing). Please remember that this original judicial member of corum was on extension (he was suppose to retire in January 2018 itself). he knew that he may get retiring orders anytime once the central government appoints a new judicial member which is what exactly happened as his extension was ended in June and a new judicial member was appointed.when my review application came in July for final disposal (pl remember the respondent lawyer has still nothing to add or object) before this bench it refused to dispose off my review application and instead ordered to reconstitute the bench and rehear the matter again which I think is a pure harassment by tribunal.The administrative member(he is now chairman) who was a part of that courum who heard this review matter for seven hearings would again be a part of a reconstituted bench and would again rehear this matter which I think is ridiculous and atrocious and making a mockery of Justice system.The tribunal is making me to suffer as I have pointed out some serious flaws and errors in the OA judgement.The OA was disposed off within four months and the judgement of review petition is not being given on one pretext or the other from last twelve months. now a reconstituted bench wants to rehear it again.The tribunal should either dismiss it if it does not find any merit in my review petition or should allow it.by not doing anything it is simply blocking my road to approach high court.this is frustrating a petitioner in worst possible way.In my view the administrative member who was a part of the coroum who heard this review matter throught the seven hearings is legally empowered to pass any order (dismissal or allowing) and there is absolutely no need to reconstitute the bench again and rehear this matter again.please remember the administrative member would again be a part of this reconstituted bench and he wants to rehear it again when he has already heard it.This is very funny as the last written order of tribunal says "The review application was heard by another bench and hence bench needs to be reconstituted".This means that The administrative member who has signed this order and was a part of that corum who heard my review petition all throughout seven hearings doesn't consider himself to be a part of that bench at all.
The rule is very clear with regard to review petitions.A bench has to be reconstituted only when both the members of the original division bench cease to exist.the admistrative member who heard and was part of the corum how can he totally exclude himself from the review proceedings.
all legal experts kindly comment on my analysis and specially on the aspect of administrative members functional and legal power to pass any order on my review petition without reconstituting the bench further.
md neshat ahmad
11 August 2018 at 13:06
Dear Sir,
My Uncle has forcefully occupied more than his share without Partition and made boundary inside house/room. we have approaches police they denied to do anything as he is the sharer.
please advice what we should do to stop is further work as well as for partition. From where and How we can take stay order .
This property is an ancestral property.
Anonymous
11 August 2018 at 12:52
Can NPA be done after issuing loan recall notice I have taken a loan in September 2009 due to some delay in payment of EMI Bank issued a loan recall notice on 21st February 2011 after that they have initiated arbitration proceedings in which an ex Parte award has been awarded against me meanwhile on 30th April 2011 Bank declared me NPA . In August 2016 Nbfc's were given the power of Surfesi . So they issued a notice under section 13(2) which is under challenge in Civil Court my questions are can they issue notice under section 13(2) as arbitration award is already under challenge and They were given the power of surfesi in 2016 and my agreement was done in 2009 can I challenge notice under section 13 (2)on the ground that they have declared me as npa after issuing loan termination /recall notice
Payal Sharma
11 August 2018 at 12:44
I need a lawyer for cheque bounce in Jhajjar... please help
Member (Account Deleted)
11 August 2018 at 11:02
Hello Experts,
If Cross examination questions in 498a case are irrelavent and with that questions trying to degrade and hurt the witness family what action can be taken against accused?
Thanks,
Bhavya
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Division of mother-in-laws share in the house property
My father-in-law's house property is lying in Chennai. He is no more now. He is inherited by his wife,three daughters and one son.Now we want to build flats through a builder under JDA method. Builder agreed to construct six flats of different measurement. and ready to offer only four flats for us. Mother-in-law is willing to opt out and not ready to accept cash also
equal to her share. On the contrary she has advised us to share her portion of cash or land equally. Because of her offer we have gained extra space of area in flats offered by the builder.Now we would like to know how to treat her offer. whether it is treated as Gift and attracts Gift Tax. If so at what rate. PS:Necessary Legal Heir Certificate obtained after the death of my father-in-law.Any Legal Agreement is to be prepared in this regard? At what stage.?