rabi
13 September 2016 at 17:19
"Accused xxxx sent messages from his sim card no 9**** to complainant sim no 8***** using filthy languag
Sagar Kotak
13 September 2016 at 17:16
We are an Apartment Owners Association situated in Mumbai. One of our member i.e. a Condominium Apartment Owner has been defaulting in his payment of monthly maintenance charges since a long time inspite of issuance of Legal Notice by the Association. The Maharashtra Apartment Ownership Act 1970 is quite ambiguous with regards to the law & procedure pertaining to Recovery of Outstanding Dues from Apartment Owners (Unlike MCS ACT 1960 – U/s 101). May I be apprised by the respected learned counsels on the following subject issues:
1. What is the Legal remedy for Recovery of Outstanding dues from Apartment Owners and under what sections / laws ?
2. Which is the competent authority having the jurisdiction to adjudicate upon the said issue?
3. How much Court fees is required to be paid? (Tentative)
4. What is the procedure, in sequence, for initiating action against the Apartment Owner?
5. Any further valued opinion / guidance pertaining to the said issue is very much appreciated.
Awaiting the precious inputs of all the esteemed lawyers.
Warm Regards.
Hemant
13 September 2016 at 17:04
Hi,
Two brothers were residing in a tenanted property ...the elder brother the original tenant passed away leaving behind his wife and 3 already married daughters (all married with kidswhile he was alive). The second brother became the tenant and rent receipts starteD coming in his name..property went in to redevelopment and the tripartite agreement was signed and duly registered in the name of the second brother... the second brother too passes away...leaving behind wife and kids who are now the legal heirs of the new owned redeveloped premises... and have already taken possession and are residing...
The wife aged 80 and daughters of the elder brother has filed a civil suit in high court fighting for rights in the property forging the new rent receipts... and other documents...
My query is as follows..
1. Is the tripartite agreement between the landlord , developer and the recognised tenant by the other two parties... holds any water....i mean is the tripartite agreement imcreases the chances in favour of the agreement holder?
2. After the demise if the elder brother wife...can their daughters still fight for rights as legal heirs?? As daughters all married long back...the wife of elder brother used to stay with us....but wad never issued a rent receipts in her favour you...whi h she has forged now by her daughters...
Looking for your expert opinions
Thanks and regards
swapnil
13 September 2016 at 16:26
Namaste! I am from Badlapur,thane. A guy from my locality had made my fake facebook profile by using my name and photos in it. He started vulgar chats with the others. For this we raised the complaint to the nearest police station and after investigation they file an F.I.R under section 354 and the boy was send to jail, after 2 days he got the bailed.
Now its more than 10 months we didnot got any notice from court regarding hearing of our case, we dont even know whether the police has submitted the chargesheet. Whenever we tried to contact the police they replies that everything is ok we no need to wory.
What should we do know..? Can i be safe from that guy..? If again anything wrong happens who will be responsible..? Please help me out from this.
johnson
13 September 2016 at 14:48
Hi Sir, I belong to christian community(BC) and my wife belong to Hindu (BC) . Is the employment preference for govt job . do we are eligible for it. To whom we need to contact about this sir.Please help. We both are graduates.
Rakesh chopra
13 September 2016 at 13:54
Hi sir,
My first motion has been completed but i have doubt pls suggest -
1) Is there any law/rules that HC can not quash 498a FIR before completion of second motion.
2)please suggest any supreme court judgement that wife can not back out/ ignore for quashing the 498a after getting mutual consent divorce as per agreement (MOU).
3)If wife would be back out than what remedies we should take.
4)if wife back out than Does HC still have the power to quash the 498aFIR.
5)pls provide Any High court or Supreme court judgement.
L V Subramaniam
13 September 2016 at 13:49
Can the charity Commissioner Bombayhave jurisdiction over an immovable property belonging to a registered charitable trust situated in Bangalore Karnataka charitable trust registered under BPT act 1950 having its a regd office merely on records of charity commissioner and in reality do not have any property or office in Mumbai since three decades and the red office having vacated long ago by the original promoter therefore having no regd office in Mumbai ., having its immovable property in the state of karnataka and all life trustees permanent residents in Karnataka particularly in the light of Supreme court judgement (civil appeal 2409 of 2006 arising out of SLP (Civil) NO 4529 of 2003 dt 2.5.2006 Nautam Praksh D.G.S.V.C ., Vadtal& ors v.K.K.Thakkar & ors Supreme court judgment summary comments "Bombay Public Trust ACt (4 of 1950) S.41 Bombay charity commissioner(Regional Reorganisation )Order 1960 C1 4(b) Administration of TRust - Trust situated in STate of Gujarat i.e. GujaratGujarat Region-Only some properties of Trust are situated in Maharashtra region-aApplication filed by respondent claiming himself to be member of Trust before Assistant charity commissioner GREateerr Bombay under sec41A and 41 B for apppointment of proper persons and trustees of said Trust -Jurisdiction of charity commissioner,Bombay held to be confined only management of property situate within the state of maharashtra and not in relation to entire -However any application allegeging mismanagement of Trust maybe forwarded to Assistant charity Commissioner Gujarat W.P.NO 1519 of 2002 dt 25.09. 2002 Reversed Doctrines : -Doctrine of lex situs The field of legislation in respect of religious endowments and religious institutions is referable gto Item 28 of List III of the Seventh Schedule of the Constitution of India .Ordinarily therefore the Legislation enacted by a STate will be applicable only within the territorial limits thereof. There is a general presumption that, the legislature does not intend to exceed its jurisdiction. An act relating to religious and charitable institutions would be presumed to be applicable only inrespect of the properties or any part thereof situate in the STateThe 1960 Act however makes the provision explicit,clear and unambiguous. The Property of TRust situate within Maharashtra region in terms of CI 4(b) Order is to be deemed to be registered wsith the charity commissioner Bombay.The said authority could thus have exercised its jurisdiction only in respect of that property.It had no jurisdiction in relation to the administration of the entire trustas the office of the Trust is situate within the STate of Gujarat.The Assistant charity commissioner therefore could not have issue direction as prayed for in the application filed before it by respondent A statutory authority as is well known, must exercise its jurisdiction within the four corners of the statute.It cannot go beyond the same Thus the jurisdiction of the charity commissioner Bombay must be held ggo be confined only to themanagement of property situate within the State of Maharashtra and not in relation to the entire Trust However in the event such an application is filed indisputably the same has to be determined on its own merit. Therefore any such application alleging mismanagement of the Trust , if filed may be forwarded to the Assistant charity commissioner Gujarat who shall deal with it (PARAS 24,28,29) Cases referred chronogical paras( AIR 1969SC566 26 AIR 1968 sc422 27 AIR 1963 SC853 25 AIR 1959SC 1002 25 AIR 1955 SC 590 23 AIR 1954 SC 340 24 The Parliament enacted the Bombay Reorganisation Act 1960 in terms of whereof thre STate of gujarat was carved out of the ?STate of Bombay In anticipation of such reorganisation , the Legislature of the State of Bombay enacted the Bombay STatutory Corporations (Regional ActXXI of 1960) section 3 3(1) hereof read as under: 3(1) If it appears to the STate Govvernment expedient that any existing corporation which is operating and functioning immediately before the commencement of this Act should be dissolved or that it should be recohstituted and reorganised so that there are established or functioning separatecorporations for the Mhahrashtra and Gujarat regions. that Government may by or make provision for such dissolution or reconstitution and reorganisation of such existing corporation The said provision was intended to the institution of charity commissioner "By virtu of Legal department order No12921 /E dated the 28th april 1960 the charity commissioner Bombay a corporation sole was reconstituted and reorganised so as to constitute a new corporation for Gujarat region and to reconstitute the existing corporation to function for Maharashtra Region Clauses 4(b) & c, 5 and 6 (a) & (b) read thus "4 Registration of public trusts where property or office is situate-in the case of a public trust duly registered under the ACt before the appointed day or deemed to be so registered if, immediately before that day The BPT Act sec 28A states thus Copy of entries relatting immovable property to be Sub Registrar:The Deputy or charity commssioner shall send a memorandum in the prescribed form containing entries inclduing the entry of the name and description of the public trust relating immovable property of such publc trust made by him in the register kept under section 17 of BPT act : (i) to the Sub Registrar of the su district appointed under the Indian Rgistration Act 1908 in which immovable property is situate in The case of registered of Union registered under indian trade unions act 1926 gave registered office in a building acquired on rental in Mumbai by the management as part of a facility to house union office and since union was the promoter of the trust it assumed it had the right to house the trust promoted by them and accordingly gave that address which is no longer applicable as the management themselves vacated the building and consequently union had to vacate but did not want to change the address of the trust to the new premises to which they moved because of internal disputes Therefore the Trust cannot be said to be situated in Mumbai where is no office neither registered nor even an administrative Besides the trust has no property in Mumbai or maharashtra and the immovable property is the state of karnataka Therefore it was the duty of charity commissioner under section 28A to advise the Sub Registrar of Bangalore all details of the property and the trust should be deemed to have been registered karnataka under the relevant law under which charitable trusts registered in Karnatkaa The simple question is consequent on state reorganisation would the charity commissioner have jurisdiction over the property outside the state of maharashtra which not withstanding the absence of similar legislature akin BPT act 1950. It was the statutory duty of the charity commissioner to send all details of the property on his record to sub registrar under Indian registration act
Read more at: http://www.lawyersclubindia.com/
Anonymous
13 September 2016 at 12:48
Myself priya.My boyfriend is very next to my home. He proposed me but in the being I rejected his proposal,after that I aspected his proposal and we where in relationship. During my birthday time he was not talking to me properly. To know the reason,I forced him for the reason. he told me that he is not truly loving me. He just acted because he wanted to talk to me as a friend. for that reason only he proposed me nu. This words made me disappointed because we were in very close relationship that we had some physical touch.After that I begged,forced him for the relationship but he was not ready. So I left the issue and was doing my work.
Again after 3 4 months he started talking to me. I too started talking to him. We were discussing about our work, family etc. That time he told he wanted to meet me I too agreed to meet him. After that I proposed him again because I aspected him because I love him from the being to till day. For that he told let us not talk about that now will first achieve in our life and if our fate is to get married. It will surly happened. After that we were talking on general things.
After some days he asked for a meeting. we met again but we did not spent time because he took permission so he had some work tension. so I asked him for a day out like will go for movie,beach and park. But he told will go to movie and resort. I did not agree but the reason he told was acceptable because morning time It will be sunny so will go to resort. I asked him on what basis you are taking me to resort. For that he told he is not a men found of girl and I am not found of boy. So Staying in a room is not wrong. I aspected his words and went. There he came close to me I avoided him then aspected. After that we had some physical relationship. But nothing happened between us. After that day he again started avoiding me saying work tension,Work load etc.
After 10days around night 11 o'clock he texted me saying his family is planning to do marriage for him with his uncle's daughter. I did not aspect his words. I kept questioning him. And I had his father num I ringed up to his num that time his father told that he got married to the girl whom he loved. I again called him and asked that time only he agreed that he was in relationship with that girl for more then year while he was in relationship with me they got some fight so she left and now again they started loving so they got married now.
He married that girl in registry office before one year and now only he told his family and to me. He wanted cheated me in the name of love. For his sexual need. Now after his family aspected his love he want to stay with that girl without any disturbance from my side. Now I need some guidelines what to do. I did not share this with my family because what I have done is very bad. And I have unmarried sister this should not effect them. I want a true justice to my life. But that should not effect my family.
Rajesh Kumar Surapur
13 September 2016 at 12:34
Dear Sir/Madam,
I was employed with a public limited company from 15/09/2011 to 31/07/2016 i.e., 4 years 10 months 15 days ( six days a week).
As per HR department, I am not eligible for payment towards Gratuity.
Could you please advise whether i am eligible for gratuity payment as per the latest provisions in the Gratuity Act 1974.
S. Rajesh Kumar
9849742950
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Retirement claim
Sir,
I am an executive officer have been working with the company since 1980 and had got promotion from clerical grade to executive officer post from 2001. The company has closed under suspension of work in Nov 2005 on No work no pay basis.The company applied for sick industry in Bifr and subsequently Bifr approved the scheme. In Btfr order it has been mentioned that the company reopened on 2009. But some employees including myself have not been informed. The company has reopened the business in same place and within 5 years. At this moment I have retired from my service on 3rd October 2015 as per service rules of the company i.e. 58 years is the retirement age. Till date the company does not bother to ask me to go and take all my dues like PF, gratuity, leave salary, salary and other benefits. Sir, please advice me what steps I have to take and what claims I have to lodge to the company in this regard and also tell me is it legal claim?
Please sir advice me.