sagar Rao
08 October 2016 at 20:26
Sir,
In High court writ petition under article 226 of the constitution, petitioner can file the case in court or not , please inform.
As I had given compliant to Municipal Corporation for illegal & unauthorized construction against my neighbour three years back, case was running in lower court, now case was dismissed by court for default, Municipal corporation not taking any action and I would like to file write petition in high court to direct demolition of illegal construction.
As I am having sound knowledge of building rules and regulation and without advocate I would like to proceed, please advise me.
Thanks
Sagar
SANTTHOSH SHETTY
08 October 2016 at 19:38
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. building has conveyance.In July 2016 builder started the process of getting us added as member in the same old society and not forming new society.Old society as it is will continue and their MC members.
MC term was expired in Jan 2016 and they applied with registrar for election as per new bylaws now on 18th July 2016. no updation or action by sub-registrar yet for election.
In the mean time 2 SGM are been called by the MC for structuring of maintenance and adding new purchaser as society member. Society Membership forms been submitted to MC in Aug 2016 and MC added new 14 member & resolution was passed in 21st Aug 2016 in one of the SGM.
However now the Secretary has purposely misplaced our membership application forms of 14 new members so as to delay the membership. We are opposing the illegal structural changes done by the MC and other old members of the society since last 2 years. they are affraid of our escallation complaint to registrar post adding member.we have written complaint letters sent to MC.
Now oct 2016 onwards we got the maintenance bill. we are decided not to pay the bill as we are demanding the new amended by-laws approved and implemented which they are delaying for action by way of penalty under by-laws no 159 or 160 that 5 times of the maintenance charges.
If we pay the bill,whether that implies that society has accepted our membership even though forms are misplaced and other formalities are incomplete? pls suggest
can we still demand for the penal action even though society has not approved & implemented the amended by-laws no 159?
can we still escalate the matter with sub-registrar about the irrgularities of the Managing Committee?
Kindly suggest.
Madhu Mittal
08 October 2016 at 18:43
In a civil recovery suit, a “statement of account of loan amount” is enclosed and at para 17 in civil suit, it was mentioned that statement of account is the part of civil suit.
But at the time of putting exhibit, there is no exhibit was put on the statement of account of loan. So in decision, the civil recovery suit was dismissed only on the reason, there is no statement of account of loan amount.
Please let me know whether it is correct to dismiss the civil recovery suit only on the sole ground of not exhibiting the “statement of account of loan amount”.
If answer is No, what remedy available to plaintiff?
Even if answer is yes, any remedy now available to plaintiff?
Sidambaraselvan
08 October 2016 at 17:56
I request the LCI members to assist me in the following grounds -
(a) Can 3 different plaintiffs having
(i) 3 different metes and bounds of properties;
(ii) 3 different sale deeds
file Original Suit (OS) against the defendant jointly.
(b) If they file OS jointly, how will the stamp duty for filing original suit will be calculated as each and every property has 3 different types of measurements in square feet and also different land values.
Kindly assist me in this matter for my academic purposes.
shalini
08 October 2016 at 17:30
sir,
i heard from a seller that we cannot register unapproved land in chennai a law is passed.The result is on 22 oct 2016.till then we cant register any unapproved land?is it true?
Thanks,
Mahadev Narayan Dadar
08 October 2016 at 16:56
127 crpc application rejected without considering application point and say submmited by oposit party with JMFC court shall i go for review or revision or appleal please suggest ? what will be time limit to file application respectively and can be file appllication before hearing date .
Kumar Doab
08 October 2016 at 14:03
Dear Experts:
Sharing Recent Judgment of Supreme Curt of India, on OCTOBER 06, 2016.
The Supreme Court of India, has held, in recent judgment,on OCTOBER 06, 2016.
A Hindu son can divorce his wife for the cruelty of trying to pry him away from his “pious obligation” to live with his aged parents and provide shelter to them.
Insisting her husband to live separately from his parents is a western thought alien to our culture and ethos, observed Justice Anil R.Dave, who wrote the judgment.
The court was confirming the divorce of a Karnataka-based couple in a recent judgment. Married in 1992, the lower court granted the husband divorce after he alleged cruelty on his wife’s part. He quoted instances of her constant suspicions about him having illegal affairs with a maid. It was later found that no such maid as described by the wife ever worked in the couple’s home
In another instance, the apex court found that the wife had attempted to commit suicide but was rescued in the nick of time. She wanted to separate the man from his parents who were dependent on his income.
However, the High Court had set aside the decree of divorce, saying the wife had a “legitimate expectation” to see her husband’s income used for her and not his family members.
Shuddering at the thought of the legal tangles in which the “poor husband” would have found himself caught in had she succeeded in committing suicide, the Supreme Court concluded: “The mere idea with regard to facing legal consequences would put a husband under tremendous stress.”
In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family, the court said. In normal circumstances, a wife is expected to be with the family of the husband after the marriage.
“She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her,” Justice Dave observed.
“It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income,” Justice Dave wrote.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3253 OF 2008
NARENDRA … APPELLANT
VERSUS
K. MEENA … RESPONDENT
.J. (ANIL R. DAVE)
J. (L. NAGESWARA RAO)
NEW DELHI
OCTOBER 06, 2016.
http://judis.nic.in/supremecourt/imgs.aspx
abhishek
08 October 2016 at 12:12
Dear panel,
I have completed my engineering from college which comes under Mumbai University.
The other day, i applied for leaving certificate & the account department of my college asked me to pay extra Rs. 100 to issue it.Is there any government resolution has been released asking students to pay for getting certificates?
Sirs,
Please Help.
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