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GAURAV PRABHAKAR   12 December 2016 at 23:24

Haryana society act

Respected Sir's,

Our society is registered under Haryana Society Act 2012.

Few months ago, we elected new RWA.

Now after coming to power, RWA is not performing well and doing dictatorship.

Majority of residents are not happy with performance and raising the complaints too.

Under what section RWA could be dissolved?

Do we have provision in Haryana society act?

or we have to continue to suffer.

Appreciate input and guidance.

Anonymous   12 December 2016 at 19:12

Loan default

I had took personal loan from bajaj capital, capital first and home credit.... Now i can't pay the due amount as i don't hv any source of earning... Can anyone tell me... what can i do and what action lenders can take against me?

jains   12 December 2016 at 18:25

Limitation

A muslim lady who want to file suit for partition of her father's property. Her father died about 8 years ago. Eventhough she raiswed the issue with her siblings, they did'nt made partition. Whether her suit if filed for partition will affect with limitation Act ?

chetan   12 December 2016 at 15:09

Tds on purchase of joint ownership property (flat)

Dear Experts,

we are buying (me and my wife) a property (flat) which is a joint ownership (50% each).

Query

1) TDS 1% of the agreement value should I have to pay equally on the pan cards of the joint owners ?

2) should the joint buyers also have to split the 50% TDS and pay each to the joint owners pan card separately?

karthick   12 December 2016 at 14:51

Partnership firm

1. Whether the registered firm can sue the notice as its own (firm) name with out representation of partners (or) Authorized person ?

2. whether firm can sue any proceedings without representation of natural person ?

any one have the apex court judgement in this regard kindly provide

Venkata Krish   12 December 2016 at 14:48

Execution of an appeal order

Dear Sir,

I have won the case in District Consumer forum in 2015 and the opposite parties have approached the state forum for appeal. Last month i.e. in Nov 2016 the state forum also gave the order in favour of me Which states as follows

"In the result, we dismiss the appeal with costs of Rs5000/-. The Respondents are at liberty to pursue the execution proceedings in District consumer forum in accordance with law. Time for compliance is 4 weeks"

Now the doubt is the appeal is dismissed with costs of Rs 5000/-. Do I need to file an execution application in State forum or District forum for claiming the costs awarded by State forum?

The amount that I am supposed to receive as a compensation is in FDR with district forum. So I am planning to file a cheque petition in district forum to withdraw the amount. But what about the costs awarded in State forum. Can I add that amount also in the cheque petition and claim the total or should I have to file a separate petition for this. If so how?

Please assist me.

Thank you.

karthick   12 December 2016 at 13:51

Negotiable instrument act

1. Whether registered partnership firm alone to issue the demand notice u/s 138(b) of N.I.Act with out representatives to accused company?

2. whether the firm have any legal entity to represent it's own way ?

if any one holding the apex court judgement in this regard kindly provide

Kani   12 December 2016 at 13:31

420, 506, 406

Regarding my FIR case, charge sheet has been filed & summon sent to A1 .
I have been said I will get the dates of hearings.
Am I supposed to engage a lawyer in this?
If not, how should I proceed?

Kani   12 December 2016 at 13:25

Proof of service filed

I checked the status of my case wich was filed 5 yrs ago in eCourt. I didnt go for any hearings thereafter The opponent party (the accused) has been going i believe.
I saw the status as

Res's Advocate : PROOF OF SERVICE FILED

What does this mean?

sagar Rao   12 December 2016 at 13:16

Restore petition in lower court after high court issuing the stay order

Sir/Madam

I had given 3 complaints against my neighbours for unauthorised & illegal construction of building to Municipal Corporation in the year 2013, in district court case was dismissed by judge for default on 10.01.2016, then I had approached the municipal officer to demolish the illegal buildings but he had refused to do.

In mean time state government was introduced Building Regularisation Scheme in Municipal Corporation and my neighbours are applied in the scheme before dismissal of case in the court.

In September 2016 I had filled Write Petition against one neighbour & municipal corporation in High Court for demolition of building and not to regularised illegal building in the scheme, High court was given interim stay order on 20.09.2016 for not to regularise.

My neighbour counsellor filled vakalath on 17.10.2016 and vacant stay petition on 17.11.2016 in high court.

The following reasons mentioned to vacate the interim stay orders passed in my write petition

1.Due to continue absence of his counsel the case of dismissed and not on the merit of the case.

2.Filled restore petition in the district court on 17.10.2016 on the same day of filling vakalath in the high court & district court accepted the restoration petition on 28.10.2016.

3.He was saying that I am not is immediate neighbour - in fact my and is compound walls are attached, he is having 200 sq yard plot of which 77 sq yards of my plot are attached.

4.I was giving the false complaints against my neighbours to Municipal Corporation and blackmailing the residents in the locality for wrongly gains – In fact all my three complaints were booked and court case was filled.

5.In High court interim stay order date of dismissed of case mentioned by court people as 04.05.2016 - in fact it was dismissed on 10.01.2016 and same was mentioned by me in my affidavit, now they are saying that I was misguided the court.

1.My question is that after high court issued stay order on 20.09.2016 and after 27 days I, e on 17.10.2016 they have filled restore petition and same was accepted by lower court on 28.10.2016 (I, e 37 days) - is that high court accept the restore petition and can impact in high court judgement in these case, as lower court dismissed the case on 10.01.2016 and after 9 months 7 days they have applied for restore petition.

2. If court people wrongly mention the date of dismissal, how can they say I was misguided the court.

2. Shall I file damage of my reputation petition after completion of case please inform, and kindly comment on the reasons mentioned for vacant stay petition and suggest / advice anything in these case to me for which I am very thankful to you

Note: My counsel had advised on all the above things, still I want to know your experts opinion on the above said points.