kishor
30 June 2018 at 15:22
i got married on 15/12/2010 and my wife left my home on 31st august 2011 it was only 9 month of marriage period. she sent notice through her lawer to me and threat me demanding money & so many things , i replied through by lawyer & asking her to come back & take all allegation back. then in 2013 she filed domestic violence case on me and started harassing me. after that she filed RESTITUTION OF CONJUGAL RIGHTS (RCR ) case in 2014 .after that i filled divorce case in 2015 divorce case is on HOLD because of this cases is going on in other court. I got judgment from my domestic violence case Year (2013) now in march 2018 that I need to pay 7000 Rent and 50000 one time settlement 5000 Rs Court fees. My wife is Software engineer getting 40000 Rs salary (in hand salary 30150/-) in Mumbai. Restitution case is going on since 2014 her cross one half is done and now giving false medical certificate and avoid to come on date in kalyan district court. after this domestic violence verdict i will get favor in restitution case? or RESTITUTION case is automatically dismiss? She is demanding 30000 per month alimony in RCR case. Last date New Judge is came he asked to her lawyer take Mutual divorce through section 13B ( she is not attending case giving false medical reason) , i am not sure she will agree for mutual divorce. what is the solution, She is working and getting 5lakh annual income. i dont want to stay together with her i want divorce ASAP.
Many Thanks for your advice
Plot NO 119,FLAT NO. 8 Bapuji
30 June 2018 at 13:27
Respected sir ,i respectfully submit my problem as below:
1. My Grand Father (GF) purchased 4 acres on simple white paper in 1970s.
2. In 1989 ,after death of my Father and Grand Father, my fraternal uncle (younger brother of my Father) approached the Hourable court and obtained perceptual in junction order for that four acres.
3. But my uncle deceitfully mentioned the boundaries so that his portion of 2 acres land having easement of NH-9 and our portion of 2 acres land without easement and adjacent to him. which is quiet wrong. These four acres are distributed by Grand father as alternatively from NH_9 i.e. 1 acre Uncle's and other one our's and third one uncle's and fourth acre is our's.Since date of purchase till to day we are cultivating and giving to lease and enjoying and on possession.
4. In 2019-10 it came to know that deception.Because as a Kartha of our family my uncle kept our documents with him only.In 2019-10 we sold two acres to M/s Jasper Industries. That time we all brothers arrived to one peacefull conclusion & our own brothers partitioned our two acres as per possession and accordingly I get registered my portion of land. My younger brother and my cousin sold their respective portions.
5. In 2016 , another party has come to purchase the remained 2 acres and we all decided to sell them .Accordingly prepared sale agreement.Mean time i have posted to Maharastra. My cousin requested that since i am only loosing the half acre of land in NH-9 expansion. and we have our portions in alternative positions.It is inconvenient to cultivate. It could be better if we all turn to facing to the NH-9, all of our portions of land will get easement .On individual choice we can sell or enjoy.
6. So I have agreed and accordingly we have made agreement on white paper in which he agreed to give compensation paid by Govt for loss of land in NH-9 road expansion..We also accepted to bear the loss of land gone in NH-9 expansion.
7. After this agreement we called that party who is willing to purchase. and made agreement on bond paper in which we categorically and clearly mentioned boundaries of our portions of land of every individual. All legal heirs signed and scanned and mailed to me for my signature.All i.e. my cousin and my own younger brother and legal heirs have taken advance or 1/4th amount of total amount.I have requested them to deposit in my A/C through cheque. After repeatedly requesting also not deposited.But they are forcing me to sign on mailed agreement. But in that agreement it is clearly mentioned that 1/4th amount is paid by cash/DD/cheque. But they have not paid to me in any mode.
8. SoI have not signed. Since they signed and taken 1/4th amount they are accepted to sell their portion of land.They should sell accordingly.
9. But they sold as per old boundaries so that my portion of land having no easement. by showing the court decree in which boundaries were mentioned deceitfully.
10. In view of above I have approached the hounarable Junior Civil Court under jurisdiction of the land in my village for Injunction order.
11. They have submitted the reply to Honourable court's summons by showing my portion of land is third one i.e. adjacent to cousin's land.
12. In these circumstances can I get justice. Can I get justice as per my registered portion of land. Shall Honorable court will consider that the finally agreed boundaries are to be followed by all stake holders.
13. Respected sir/Madam, in my previous querry you have abosutely adviced for my Temporary duty case. Now that case peacefully resoled without any punishment. My Department also agreed with your advice.
14 So I have a increased faith on your jury and I have faith on God of Almighty that just will get justice.
15 For any clarification, please contact to 9603083968( whatsapp) and 9110569186.
16. Thank you very much sirs and madams.
Ashok Kumar Adhikary
30 June 2018 at 12:47
I am person with loco motor disability of 65% and submitted a certificate to the Bank. Further, I have claimed conveyance@double the normal rate applicable for person with disability as per government guidelines.
But, Bank has issued me a charge sheet for taking action against me with an intention to impose punishment.
1. Whether I can challenge the Bank in the High court of Odisha ?
J Shah
30 June 2018 at 12:04
Builder 1 had redeveloped our building and agreed to provide me building on the same plot.
After we vacated our flat, He entered into development agreement with other Builder (hereinafter Builder 2) and he gave development rights to the said builder. he mentioned in the agreement that all the liability of old occupants will be of builder 1 and not new builder 2. he also mentioned a false statement that builder 1 has provided Alternate accommodation to old occupants (not True). Now at National Commission the new builder 2 states that there is no Privity of Contract between him and old occupants..
Can anyone help me on this topic.
I am Jay Shah (CA & CS) plus LLB 2nd year student
This was just a short summary of case for those who are removing their valuable time for social help out of their busy schedule.
Brief facts are as under
Builder 1 entered into agreement with my LATE grandmother, wherein he agreed to redevelop the property on the SAME PLOT and provide flat on 1st floor with block no 5
after we vacated our premises he also contracted similar agreement with occupants of adjacent plot/building.
He merged the two plots
He constructed a building on the rare side of the plot (back side) with no amenities as specified in the agreement.. no parking space.. no otis lift.. no play ground... and he shifted the old occupants with false promises, misrepresentation and threats to that building.. (he used very little space of the plot to construct this building for the purpose of leaving rest of the space for commercial purpose)
He also entered into development agreement with builder 2 wherein he transferred Development rights to the said builder to construct Hospital on the same plot.. then builder 2 constructed a hospital.
No consent were taken when the two plots were merged
no Consent were taken for change in development plan
we were not provided with flat on the same plot
we have not entered into any agreement nor accepted the said new flat on rare side of the building..
MY grandmother is expired
leaving behind a Notrised WIll on my favor
Q1. Builder submitted affidavit at Consumer Court mentioning therein that I have no right over the property
as agreement was with my grandmother and I have not submitted Probate for it??
Is Probate required
and is he justified in saying that I have no rights over the property
Q2. Builder 2 says there is no Privity of Contract between him and old occupants.
Thank you so much for your valuable time.. If possible support me with relevant case law and provisions..
Mr Sreejit
30 June 2018 at 02:38
Dear Seniors and Experts,
In a suit for title and possession, the Defendants filed an Application under Order 7 Rule 11 (a) and (d).
Earlier Hearing O 39 Rule 1 and 2 along with Order 6 Rule 17 were conducted.
On filing O 7 R 11, the next date is posted for hearing this in July.
Pending hearing of the application, can the defendants file supplementary and/or Additional petition incorporation some other points attracting O 7 R 11 with a prayer to hear it out along with the previous application who's hearing is not yet started?
If any clarification or further details required or otherwise, please let me know.
Regards,
Sreejit.
Bousalya
29 June 2018 at 22:18
Dear Experts,
A father has six sons and two daughters. Among them, he disliked three sons, who all worked overseas and made him rich. Now he says he will give his property lion shares to other three sons. His self earned property. Is it permitted under the law? Can he write a Will ?
Thanks Experts
Ganesh
29 June 2018 at 17:48
A person recieved some amount from me but while returning he gave me a pdc cheque and then stopped the payment when i went to withdraw ..am from Karnataka and the person is from bihar what to do ??? I even sent him a legal notice for cheque bounce
Anonymous
29 June 2018 at 16:03
I had 2 DD's made on 24th of Jan 2017 from my ICICI bank account in favor of a Pvt Ltd company. The beneficiary co. has been charged by ED and STF and their office is sealed. The DD's have been misplaced by me for which I lodged an online FIR. I contact the bank for the cancellation as the amount is with banks suspense account. The asked me for the Indemnity bond, FIR copy and NOC from the beneficiary. I have the Indemnity bond and the FIR copy but cannot obtain the NOC as the co. is sealed and the directors are in Jail with case running against them.
Pl guide me how to get the DD's cancelled.
Anonymous
29 June 2018 at 15:08
I am currently working in an public organisation for 2.8 years or more. In response to the minimum wages act or something similar(that's what we have been told), they have applied changes to the salaries of all fresh employees which hasn't been done in my almost 3 years of working. They have an increased basic and also a hike that makes it double my payment. We did receive an hike of a measly amount that doesn't amount to. I feel mistreated. Is this allowed and anything I can do?
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Writ petition in bombay high court
what is meaning of the following;
Coram:- REGISTRAR(OS)/PROTHONOTARY & SR. MASTER
Stage:- FOR REJECTION [ORIGINAL SIDE MATTERS]
our bldg is under redevelopment & builder is not ready to give registered permanent accommodation contract that why builder has filed Writ Petition in Bombay High Court against the tenants. one hearing already done in April next hearing was on 06th July but now on high court site the hearing date is 03rd July under coram mentioned REGISTRAR(OS)/PROTHONOTARY & SR. MASTER & Stage : FOR REJECTION [ORIGINAL SIDE MATTERS]
what is the meaning of that?