Dear All
warm greetings from Adv Prashant.
one of my cousin also resides in joint house and they have constructed sever septic tank in the courtyard several years ago and at that time there were no objection by our family members.
there are continuously smell passed from that septik tank and we continuously warn our cousin to repair the same but they dont take it seriously. even we have to stop fen during morning 6am to 10 am and even at all time whenever they use their washroom.
Please advise whether there is complaint under section 147 of crpc will be proper to take legal action or there is any remedy to stop this harmful gas.
also advised whether we can apply to court to issue order for permanent seal of that laatrines which are constructed inside the house and due to use of such lat... there are harmful gas effluent from septik tank....please advise thoroughly
Sir in one criminal case the witness is in Tihar jail. How can his witness be recorded?
SANJEEV JAIN
26 September 2015 at 14:53
A & B are joint co-owners of ancestral LEASED dwelling house. Fathers of both A & B are no more. A has full possession of the house. Suit for partition, filed by B's father is pending in the court.
Question no. (1)- What other actions should B take to protect his interest?
(2) What will happen if suit is dismissed in default ?
Udit
26 September 2015 at 14:52
Dear sir,
I want to file an application in the family court in the case of 125 cr. P.c. to get the call records history of my wife's mobile phone. Please suggest me the format of application, which could be made under section 91 of cr. P.c. Is there any other procedure too for getting the call records history.
Jayachandran
26 September 2015 at 14:28
Savings and credit groups for poor women has created an umbrella organization, which is a registered Trust. During the last assessment year, it has received voluntary contributions of Rs125724/- and out of which incurred expenses of Rs48470/-(office rent and registration) and elderly care RS 8609/-, and made a provision for accounts and audit and elderly care activities RS83048/-. Now we have received a notice from IT that the entire voluntary contribution is taxable @30/-. They have not recognised the expenditure at all. We seek your opinion and advise. Thanks in advance
R.Jayachandran
jayasdc@gmail.com
prathish
26 September 2015 at 14:20
Mental harassment due to neighbors
Respected Sir / Madam ,
I have s strange problem due to my neighbors as they keep hammering out our flat with a hammer and same has be now conti for last 3 years. i have made NC to local police station along with NC for last 3 years i am also having Video record clearly showing the the hammer outisde my house and on various ocassion i got recording with me. Local Police of Borivali west is not able to take FIR not any action because the fmly has got some political pull with them.
i have got various NC for past years and video recording with me on various occaasion.
also my parents both are sr.citzen. i wanted to know any strong action is possible from Court order as local police has no say in this as per them this is small issue. my parents are really tired out this for past few years . all this is been done so that we agree to there terms of redevelopment and agree to the builder they want to hire.
Thanking you and Regards,
Prathish
Raghwendra
26 September 2015 at 14:11
Dear sir
I am Raghwendra Kumar from Hyderabad working as a engineer in Tata projects.
I got your email address from the reply that you had given to one person who raised some query.
I want some suggestions from you for the cases stated below:
I had purchased a flat from builder(flat was landowner share-there was agreement between builder &landowner for some ratio like 60:40 and builder also used to sell flat on behalf of landowner they will take all required signature from owner and will give to customer as and when required but all money transaction will be with builder and at the time of registration only owner will come for registration the same case was happened with me as my flat was owner share-I think this information is not relevevant to my cases just I am sharing with you)
From April-15 we are living in flat & the builder has taken occupational certificate in March-14 from GHMC.
The problem is the quality of construction as there are N number of big cracks in flat and Also seepage and one more things as per drawings builder has to provide 8inch thick wall but they have provided only 5inch wall to all customer but no one know it. it has been known to me few days back when I have checked drawing and thickness of wall. I want to file case in consumer court against point mentioned above for cracks, seepage, thickness of wall.
Can you please suggest me what is chance for wining as builder is MLA.
Thank you
vasugee
26 September 2015 at 14:06
Dear Respected Judges, Law Experts, Lawyers & Other Honourable Members of this Forum,
Standard Charaterd Bank has announced that it had sold/transfered/released its entire debt dt 9/2/2010 to Shaha Fin Lease. now I have certain questions on the same
1)Customers were not informed that their personal credentials are being sold to some this NBFC
2)On June 5th 2005, there was an article in Indian express on how banks are already manipulating people to unknowingly sign away their rights. For instance, Standard Chartered Bank, it says, has sought a negative consent from its customers (the letter says ‘‘Non-receipt of any communication from your end by June 10th 2005 will be deemed as acceptance of consent and authorization’’) to share information about their account with ‘other’ parties. It claims that the consent is in accordance of a Reserve Bank circular ‘‘reference no. DBOD No. DL.BC.29/ 20.16.002/ 2002-03 directing all banks operating in India to periodically submit credit information pertaining to their customers to the Credit Information Bureau (India) Ltd. or any other agency authorized by the RBI.
Can such a sweeping authorisation be sought by a negative consent? What right does any Bank have to pass on customer data to anybody without specific consent? Shouldn’t customers be made aware of what they are signing away? Will the central bank wake up to such mischief only when the matter finally lands in court?
3)I have come to know some other forum, that SHaha Fin lease is not in the approved NBFC list of RBI? can any one pl re-check it again
4)The Bank for almost 10 years has not even sent a single communication to its customers, reg their outstanding amount or otherwise any amount to be paid, suddenly the customers receive calls from illegal elements saying they are lawyers/rep of Shaha Fin Lease, they are having all rights to collect money from the customers,, that too with exhorbent rates of intrest for example 17,000/- amount outstanding is now demanded for 4 crores and 95 lacs, if it is not paid, will call customers, neighbours/official colleagues and write to them that this personal is owing some crores of Rupees ot banks and he is not trust worthy etc, calling at mid-night hours, calling family members, threatening of arrest flying from Mumbai Court withh arrest warrent etc
5)Recently came to know about this news ;- From'
http://www.moneylife.in/article/are-credit-sudhaar-and-cibil-taking-borrowers-for-a-ride/30513.html
Mr Wadhwani and Mr Ramamurthy, the promoters of Credit Sudhaar had worked with Standard Chartered Bank and Citi. Both were also directors of SHAHA Finlease Pvt Ltd, an NBFC formed to buy bad assets from StanChart. On several occasions, the RBI, StanChart and the banking ombudsman had reprimanded SHAHA Finlease for its unprofessional conduct and unruly collection agents. Even on the Internet, there are number of complaints against SHAHA Finlease.
Credit Sudhaar, a non-specified user entity, is accessing confidential credit records from CIBIL while claiming to help individuals improve and maintain their credit health. Why is the financial regulator, RBI, silent?
Credit Sudhaar, a firm set up by former bankers Gaurav Wadhwani and Arun Ramamurthy, says it has a tie-up with CIBIL for offering credit advisory services and will help individuals in improving their credit health which will in turn enable customers to get better offers from lenders at the CIBIL Market Place. What it does not say is it is neither registered with the Reserve Bank of India (RBI) as a non-banking finance company (NBFC) nor it is a specified user entity of CIBIL but will access credit records of crores of individuals.
While there is no word from CIBIL on this strange partnership, what is surprising is how the credit bureau may have allowed a non-specified user entity to access its database. In a press release, Credit Sudhaar said it is associated with Dipran Finance Pvt Ltd. However, on its website it mentions affiliation with Safe Capital, an NBFC. In an email reply, the firm said, “Credit Sudhaar is associated with both Safe Capital and Dipran. Both Safe Capital and Dipran are members of CIBIL”.
Even on its website under the FAQ section, replying to a question “Are you approved by the RBI?” it says “Yes. We are affiliated with Safe Capital which is an approved institution as per RBI charter”.
Earlier, Credit Sudhaar used to mention itself as an NBFC registered with the RBI, which was changed later.
This also means, Credit Sudhaar may be using either Safe Capital or Dipran’s login credentials to access the CIBIL database, especially the portfolio review which gives complete details of an individual. Since Credit Sudhaar is not a specified member entity of CIBIL, this violates Section 22 of the Credit Information Companies (Regulation) Act, 2005 (CIRCA), which says...
22. Unauthorised access to credit information.—
(1) No person shall have access to credit information in the possession or control of a credit information company or a credit institution or a specified user unless the access is authorised by this Act or any other law for the time being in force or directed to do so by any court or tribunal and any such access to credit information without such authorisation or direction shall be considered as an unauthorised access to credit information.
Now that this being the situation, can all the persons of this forum affected by SCB and shaha fin lease or otherwise collectively write to the Finance Minister and RBI, pl help by putting our valuable inputs on how to draft a mail to them
And what is ur valuable opinon on the same, because in 2011 in another thread in this forum
http://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp#.VgZWAfmqqko
The person has written he has not received any favourable reply from banking ombudusman.
Please Help, this kind gesture of yours will be helpful to thousands of customers like me
Thanking you All
Adithya Bagmane
26 September 2015 at 13:56
Hi
I would to know if I have to pay the electricity bill at commercial rate if I am running a paying guest with 12 girls
Thanks
Adithya
Tree removal
I m living in a cooperative housing society.
There is one tree (big) in lane between my building wall& compound wall. A large branch has fallen in my gallery. There is one more big tree in compound just in front 5-6 feet away from my entrance door . Both trees r likely to cause damage to my building.Both the trees r planted by the builder during construction of the society complex (7 yrs ago)Now to remove trees is criminal . I will like to know whether I can write to society to arrange to remove these tree (legally). If on personal basis if I want to remove what is the procedure ?
Thank u.