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Anonymous   20 March 2018 at 22:44

Between private ownership of land and right of way ?

My parents have a dispute with neighbours who have made an unauthorized ramp to connect their house to a govt funded road built on our land(,without NOC) and that illegal ramp is also through our land.will the court give weightage to landowner ship or right of way to public as these neighbours are of a privileged class under SC/St quota.they are misleading the district auth.On what ground will the court base the merit of case in the instance that we go for a civil suit to reclaim our land and permission to boundary it to safeguard against neighbours encroachment.?

Law Querier   20 March 2018 at 22:11

Objection after chief-examination given by p.o.a. holder

A petition for divorce under section 13 (1)(i a) H.M.Act, Cruelty is filed by the power of attorney holder of a petitioner wife without obtain court permission and court admitted the petition. Petitioner sife has not signed the plaint and does not given her affidavit on plaint. In mediation centre the power of attorney holder is appeared behalf of the petitioner wife. When respondent husband raise objection about this, the court has denied his objection application. Also, the chief-examination on oath (affidavit) and documentary evidences is given by power of attorney holder of the petitioner wife. The petitioner wife is never come in court during proceedings and never examines the petition on oath/affidavit. Unfortunately, the respondent could not raise his objection for exhibiting documentary evidences and chief-examination given by the power of attorney holder in court at that time, and the court has exhibited documentary evidences and chief-examination given by the power of attorney holder of the petitioner wife. Now, the respondent husband wants to object after the chief-examination and documents evidence given by the power of attorney holder of the petitioner and after exhibited those by the court. The next stage is cross-examination of the petitioner side.
1. Can respondent raise objection after chief-examination and documentary evidences given by the power of attorney holder but not by the petitioner?
2. Can respondent raise objection though the chief-examination and documentary evidences are exhibited by the court?
3. Can respondent file to an application to discard the chief-examination given by the power of attorney holder?

prasad   20 March 2018 at 22:07

Paying home loan but no sign of flat in hand

in 2013 i have got the flat @2000.00INR/Sqft,now the flat price is arround 4000.00INR/SQFt
1)bank has approved 80% flat value as home loan & disbursed 80% of loan amount to builder,still 20% is not disbursed,how ever i am paying EMI as normal till today.
2)30 month bank from today builder run away & bank has taken his property bcz he became defaulter.,his all project has been stopped,even few project holders all ready filed cases against to builder.
3)almost 1year back from today we made it to association as per law to go to court or to find out better option to complete the construction but how ever its not completed & stopped because of shortage of fund,in our project only 30 or real customer ,40% land owner share,& balance flat has been given to supplier who has been giving material for project work..
4)Now i have lost my job & i have to pay rent/my daughter school fee etc.& more....even loan EMI,
5)bank is knowing every thing about the project.
6)i am not in situation to have regular payment,& there is no positive sign of construction.
7)flat registration is not executed bcz only 40% construction has been done based on my views.
8)kindly suggest me for better option what to do?
9)can i approach to court alone,bcz my hope is not making me to wait for longer.

Anonymous   20 March 2018 at 17:45

Thumb impression

I want to know that can it is possible to justify/ recognised a thumb impression on any docs that it is a right hand thumb or left hand thumb.

1. If possible then how ( pls if possible write the refrence of books).

2. If not possible then how ( pls if possible write the refrence of books).

Thanks in advance.

Best Regards
Manoj Dixit

Anonymous   20 March 2018 at 17:07

Assignment of receivables/debt

Is Assignment of Receivables to any individual by any business to get Invoice Financing facility of few lacs in Mumbai is ligitimate and out of the perview of Money Lending Act

Anonymous   20 March 2018 at 17:01

Money lending act & p2p lending portals

Peer to Peer Lending platforms act as exchange between one individual wanting to borrow & other one to lend. Both are individuals. P2P portal acts as payment gateway & broker between these two individuals in Money Lending & Borrowing Activity. There could be multiple transactions by an individual for lending to one or more individuals. The agreement & PDCs are part of documentation. PDCs are fvg P2P portal. Agreement is tripatriate. P2P portals are not registered NBFCs. Such Lending is legitimate in view of almost every state having their own Money Lending Act. Can Lender or P2P portal file recovery suit or cheque bouncing case in case of default by borrower.

Hari Singh   20 March 2018 at 14:23

Question regarding power of authority

CAN THE ASSISTANT COLLECTOR GRADE 2 COOPERATIVE SOCIETIES NEW DELHI CAN ISSUE ARREST WARRANT FOR THE RECOVERY OF THE LOAN TAKEN FROM A COOPERATIVE SOCIETY U/S 69 DELHI LAND REVENUE ACT OR NOT?

Hari Singh   20 March 2018 at 13:58

Stay in execution of money decree

dear sir madam I want to mention that am government servant posted as a teacher in Delhi Govt. and I was directed by the court to pay the decretal amount in a civil suit .of which the same is being deducted from my salary.
due to the fact that the money decree is being taken from me on forged and fabricated documents .of which I have also registered an FIR against the opposite party, under such circumstances I do not want my salary to be executed and want a stay for the same my question to you all is that how that stay could be achieved when the RFA in the high court is dismissed as early as possible.
1. that what should I do for immediate stay order?
2.that my advocate has filed an SLP in the apex court but the hearing is to take place, I want to know what matter should we include in the same to get the stay order as early as possible?
3. that the opposite party also do not have any money lending license?
4. that the income tax act 269-SS is also being implicated!
5. that at last, i want to know that what main points we should add in order to get execution stayed as it is important?
6. is SLP in the apex court will prove to be beneficial and any other remedy regarding the case may be suggested?
7. please answer my query as it is very very urgent as early as possible?

Syed Niyamathulla   20 March 2018 at 13:05

Quorum of trust.

One registered Trust has five trustees and quorum is 3. If two trustees resign, will the quorum also becomes 2, per Trust Act, or the Trust Deed modification required for two members as quorum?

Vikram Singh   20 March 2018 at 12:05

Demand draft refund

I have given a demand draft to a company on jan-2017, but after few weeks the company was banned by some legal issue, my demand drat which was submit to that company is still not withdraw / cashed as on mar-2018. please advice me what i have to do to get my money refunded.. i already complaint to bank but they are saying that the refund can be done by presenting the original demand draft. please suggest me what i have to do..