hasan
06 June 2015 at 21:14
Dear sir
Issue frame procedure is possible If magistrate dismissed ex 5 (application for permanent injunction)
Rupendra Porwal
06 June 2015 at 20:37
Dear Friends,
A consortium loan of 5 cr has been obtained from three bankers namely SBI, UBI and OBC.
SBI is lead banker
Now borrower avails loan of Rs. 25 lakh from SBI and mortgages the property having value of 1 cr. Mortgage is registered and title deed is ALSO deposited with SBI.
This loan of 25 lakh has been obtained outside of consortium.
NOW BORROWERS WANTS TO CREATE SECOND MORTGAGE BY DEPOSIT OF TITLE DEED IN FAVOUR OF THE CONSORTIUM.
ALL DOCUMENTS INCLUDING TITLE DEED RELATING TO CONSORTIUM ALWAYS REMAINS WITH LEAD BANKER.
QUERY:
CAN EQUITABLE SUB MORTGAGE BE CARRIED OUT IN FAVOUR OF THE CONSORTIUM?
PLEASE SUGGEST SPECIFIC LEGAL POSITION.
Rupendra Porwal
Advocate
Lucknow
rajesh
06 June 2015 at 20:07
can 1 of the 5 legal heirs can contest to recover the posession of commercial shop after 15 years. also he has proved as tenant
M. kumar
06 June 2015 at 19:02
Respected elite experts, Namaskar.
I borrowed 19.5 lacs from a money-lender in 5 installments spread over the year 2012. By Dec 2013, I had already repaid 32.5 lacs inclucive of interest. During this period, right from day one as soon as the lender realised that I had spent the borrowed amount & will not be able to arrange immediately, he started demanding his money back. or else pressurised me to accept his unjust demand of 10% monthly interest till such time I fully repay loan & interest.
I was paid in cash and i also repaid in cash for which there is no documental evidence apart from a few recorded telephonic conversations where he is accepting recieving partial repayments and demanding more.
He is an influential person of the area with high contacts. He would threaten to harm my daughter & wife. Gradually, I was almost forced into his slavery. His terror was such that he made me write an agreement on a 100 rupee stamp paper and also i was made to issue him 4 cheques amounting to 19.5 lacs.
All during this tenure, on slight delay in repayment, he would create nuisance at my residense. Despite of my regular repayments, i was misbehaved with a few times.
Once i had already repayed 32.5 lacs for which i could not dare to ask a reciept, i had no more source to arrange more money & his demand persisted. Now the agony was too much for me.
We are a respectable family. When people saw us socially suffering at his hands, a gathering of respectable members of the society called the lender and cautioned him not to harasse us anymore, but he didn't pay heed. Then i wrote to local police and consulted lawyers club india panel who guided me to write to my bank to stop payment of my cheques & send a notice to the lender to return my cheques.
In response to this, the lender filed a complaint case at his hometown Aligarh on 11/08/2014. Already three hearing dates have passed with "Appearance" as the purpose of the hearing. He simultaneously filed a case u/s 138, 420 at G.B.Nagar of which one hearing date has passed already & next date fixed on 13/06/2015 for "Further Order" as stage of the case.
I only came to know about these legal proceeding today only & that too through internet e court site.
Sir, I have nowhere to go & my family is shattered. We have lost all hope. Now, only you can save us. Please help promptly.
RAMESH KISANI
06 June 2015 at 18:19
I became member of a Co-Operative Housing Society in April 2012 consequent to Appeal under section 22(2) of Maharashtra Co-Op Societies Act 1960. Ever since Order to confirm my membership was passed by Dy. Registrar of CS in 2012, the Co-Op Housing Society did not issue a single Bill of Soc Maint Charges to me, which are issued to all other members every quarter. I submitted Consumer Complaint before Dist. Consumer Forum against CHS. During the hearing before Admission, the President of the Consumer Forum asked me to satisfy the bench as to how I am a Consumer of CHS merely on the strength of the membership of the CHS, and also how the said CHS has committed DEFICIENCY IN SERVICE. Kindly help me as to how shall I resolve this issue, and kindly provide me as much citations of relevant judgments as possible. Thanks in advance.
annusingh
06 June 2015 at 17:10
Hello Sir/ Madam
I'm pursuing MBA (1st. year),i have applied for name change in gazette notification march- april 2015
it's now been issued in gazette notification of the month, kindly guide me that can i use my new name (Anamika Singh) on the place of my old name (Sanjesh) for further purposes because i'm thinking of doing SIP of 6 weeks with my new name or i have to wait till my all documents(10th's, 12th's and graduation's ) get changed with new name?
kindly suggest me pls
Dalip Singh
06 June 2015 at 16:40
I filed an arbitration case before ICA on 29.05.2015 and deposited registration fee Rs.11236/- (10000 + 1236) i.e. @ 12.36% p.a.
ICA raised a invoice for Rs.164/- as a shortfall due to raise of service tax amount @ 14% w.e.f. 1.6.2015. Please clarify.
usa
06 June 2015 at 16:38
i have a crpc 107:151 ,adum check ,and rajinama in local police station against me .. is it any criminal record against me ? my neighbour family filed a case for beating against me in 2011 police booked me under crpc 107:151 i paid a bond of 500rs in sdm court the complainant also paid a bond , then nothing happen ,the lawyer told my father this case will be close in 6 months , one boy filed a report in police station against me for beating ,but he taken back his complaint immediataly ,3rd case is rajinama my neighbor family beat me recently , i had a rajinama with them in local police station .. i want to know is it any criminal recored against me? if i aplly for passport and visa is this cases bother me ?pls tell..
Prashant Raj Tax Advocate
06 June 2015 at 16:20
Dear Sir
i have a problem regarding sec 2(z)(ad) in up vat one of my client is deal in restaurant and received service charge from customer and given to his waiter but the VAT authorities imposed tax assumed service charges as income or sale of client so please tell me how i do in this situation
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Special or local law
Whether Maharashtra Housing & Area Development Act 1976 is a special or local law ?
this is a preliminary of the act
CHAPTER I PRELIMINARY 1. (1) This Act may be called the Maharashtra Housing and Area Develop-ment Act, 1976. (2) 2[Chapter VII and Chapter VIII-A extend] only to 3D3rihan Mumbail, and the rest of the Act extends to the whole State of Maharashtra including 2(Brihan Mumbail. (3) This Act shall come into force in such area, from such date*, as the State Government may by notification in the Official Gazette, appoint ; and different dates may be appointed for different provisions of this Act for different areas. (4)5[ *]
7[1A. It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principle specified in clause (b) of article 39 of the Constitution of India and the execution of the proposals, plans or projects there-for and the acquisition therefor of the lands and buildings and transferring the lands, buildings or tenements therein to the needy persons and the co-operative societies of occupiers of such lands or buildings.]