Vikas Kumar
24 April 2015 at 15:31
Dear Sir!
One of my acquaintance gave me a cheque and the same bounced. The person asked me to present the cheque again after a few days though well within the validity period of the cheque but again it was not honoured by him.It so happened on the third instance as well and I filed a case against the said person after completing the formality of sending the legal notice within the 15 days of last(third) bouncing date which was within the validity period of the cheque. The case is underway now but I have been told that the case should be filed immediately after first instance of bouncing and it is a settled law and also that I stand no chance of winning the case.
I seek your advice in the matter so that I can decide the future course of action.
Thank you in anticipation.
sathya
24 April 2015 at 15:18
Hi
We had a gift deed done on my father's property and found typo error on the measurement. So we go the Rectification Deed done but now one more rectification deed need to be done the Passage part.
Pls let me know , can we have second rectification deed done . Also let me know the number of time , rectification deed can be done on a single gift deed.
R. LIMHATHUNG
24 April 2015 at 15:09
Marriage was solemnised under Muslim law. However she converted to Hindu. My question is can a women who has converted to another religion file domestic violence case?
Adv.Gayatri Kulkarni
24 April 2015 at 12:28
Whether a Tahsildar, being a revenue authority has power to impound a document in a complaint against certification of mutation entry
Venkata Krish
24 April 2015 at 12:23
I have filed a case against builder in district consumer forum for not handing over the flat on time and the case stage is at evidence affidavit of opposite party. As of now two IA's are pending in the court. Need your advice on the following 4 points.
1. One IA is i have asked the forum to appoint an advocate commissioner to inspect the property as the builder locked the flat and not allowing us to enter the flat and abused us in a phone call. But judge is saying that forum is not having powers to appoint advocate commissioner and asking us to visit the premises and take the photos and submit the same. what should i do here? IA is not yet dismissed.
How can i force judge to appoint advocate commissioner. He is saying you should have asked for engineer appointment then i could have appointed. How to handle the situation. I have not added to appoint engineer in the IA. What should i do if he denies to appoint advocate commissioner.
2. The builder has delayed the construction abnormally and he supposed to hand over by May 14 but till date its not handed over. Builder did not add any penalty clause in the agreement incase of delay. what should i do? will Forum have rights to grant releif even though clause is not included in the agreement of sale?
3. I have asked for only bank interest repayment by the builder in the prayer. Can I ask for rent damages as well. If so how can i do that. I have given an amendment to prayer to grant punitive damages but did not add rental damages thinking that only one can be asked. How to handle this now.
3. Builder lawyer from almost 2 months dragged the counter filing for IA and now he is saying flat is ready you can inspect the flat. However we had a quarrel with builder before filing the case as he threatened us. How to handle this situation now.
4. Can I ask the builder to hand over the keys of the flat in the court so that we can go and inspect the flat? Also can we deny the possession till a copy of occupation certificate given by municipality is given to us?
Request you to give an elaborate answer on how to handle the above situations in the court.
Thanks,
Prasad.
Member (Account Deleted)
24 April 2015 at 12:17
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Venkata Krish
24 April 2015 at 12:13
One of my fren who worked in bank was given a punishment of 2 increments for signing a fraudulent loan as an officer.
Bank enquiry is done and he was awarded a punishment of 2 increments for signing the file as a second man. Now he is retired and his appeal is pending with the bank chairman. Once the appeal is finalized, he is planning to file a case in civil court. So he would like to know which court can give a speedy resolution other than high court.
Thomas Benjamin
24 April 2015 at 12:01
We, wish to know a qualified chartered accountant is needed to audit the accounts of an Association , which is registered under the provisions of the Travancore -
Cochin Literary Scientific and Charitable Societies Registration Act, 1955.Our income is below Rs20 lakhs and most amount is spent for the maintenance,wages etc.The balance amount is below Rs3 lakhs in year.
.
RANDHIR SINGH
24 April 2015 at 11:53
My mother owned a plot measuring 250 Sq Yards at Rohtak Haryana, which was purchased thru her savings and my fathers money. Some 22 years back, she transferred 50 SQY to my step brother. He forcibly constructed a house on about 160 SQY in the same year and refused to allow entry to my parents and their children in the entire plot. Due to fear of physical harm, my parents did not take any legal action and tried to resolve the matter thru family dialog. The mater is still unresolved. Out of the whole plot about 77 SQY is open lawn, rest is passage. My mother transferred 112.5 SQY and 37.5 SQY in my name and in 2010 and 2015 respectively. However, my step brother is still adamant and denies us entry in the plot.
The property is not ancestral in any way and my father / mother never consented to any construction more than 50 yds given to him.
Kindly advise my legal position and how to secure possession my property.
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Harrasment by landlord by filing fake bogus case against us
DEAR SIR,
WE ARE HAVING SHOP IN MUMBAI IN WHICH WE HAVE BEING CARRYING OUT SMALL BUSINESS OF TEA & SNACKS ITEMS FOR PAST 8 YEARS.
OUR LANDLORD HAS BEING CONSISTENTLY HARASSING US IN SEVERAL WAYS WITH THE WRONG INTENTION OF PERSONAL GAIN.
1. FIRST HE FORCIBLY BUILT AN WALL IN FRONT OF OUR SHOP LAST YEAR TO TROUBLE US, SO WE SHUT DOWN OUR BUSINESS & LEAVE OUT.
2. SECONDLY, HIS SERVANT ON HIS INSTRUCTION GATHERING GUNDAS AND CARRYING OUT BEER PARTY EVERY EVENING IN FRONT OF OUR SHOP, SO WE SHUT DOWN OUR BUSINESS & LEAVE OUT & WITH THE INTENTION OF TROUBLING US, WHEN WE COMPLAINED AGAINST THIS TO HIM HE IGNORED AND CONVERSELY THREATENED MY FATHER THAT IT IS HIS PRIVATE PROPERTY - HE AND HIS SERVANT CAN DO ANYTHING , DON'T DARE TO INTERFERE US ELSE I WILL TEACH YOU GOOD LESSON THROUGH HIS ADVOCATE - THEN HE STARTED SENDING LEGAL NOTICES THROUGH HIS ADVOCATE BLAMING US THAT WE ARE SHELTERING PEOPLE OF BAD CHARACTER IN THE PREMISES, SO VACATE THE PROPERTY. WE ALSO COMPLAINED AGAINST THIS IN BMC OFFICE BUT NO ACTION TAKEN, RATHER BMC OFFICERS SAID THAT SAYS THAT IT IS HIS OWN PRIVATE PROPERTY AND SUGGESTED THAT DON'T CONFLICT WITH YOUR LANDLORD, HE IS RICH MAN AND CAN DO ANYTHING.
EVEN SAME SUGGESTION GIVEN BY POLICE.
3. HE HAS BEEN FORCIBLY RECOVERING RENT MORE THEN THE AGREED AMOUNT FROM US, EVEN FOR HIS PERSONAL EXPENSES & FOR LAVISH LIFESTYLE, HE HAS BEEN THREATENING US & RECOVERING RENT FROM MY FATHER i.e INSTEAD OF RENT Rs.950/- HE IS RECOVERING Rs.2,500/- IN THE NAME OF WATER CHAGES, SECURITY CHARGES ETC.
HE HAVE STOPPED TAKING RENT FROM US AND BLAME US THAT WE DONT PAY RENT. WHEN WE TRIED TO DEPOSIT RENT IN COURT HE SENT NOTICE SAYING THAT THERE IS NO NEED TO DEPOSIT IN COURT, PAY IT TO HIM HE IS READY, BUT WHEN MY BROTHER WENT TO PAY HE REFUSED AND DEMANDED MORE MONEY.
AGAIN HE DOES NOT ALLOW US TO USE COMMON BATHROOM, THE KEY OF WHICH IS WITH HIM FOR THE PAST 8 YEARS.
SECURITY CHARGES RECOVERED FROM US IS FOR CAMERA INSTALLED OUTSIDE HIS PERSONAL FLAT AND NOT FOR TENANTS BENEFITS.
4. NOW 8 MONTHS BEFORE, HE FILED BOGUS CASE IN THE COURT OF SMALL CAUSE, MUMBAI ACCUSING US THAT WE HAD & HAVE SUB LET OUR SHOP TO OUR PAST SERVANT MR.A AND EARNING HUGE RENT FROM HIM BY BREACHING TERMS & CONDITIONS OF TENANCY AGREEMENT.
THE FACT IS THAT WE ARE RUNNING OUR SMALL BUSINESS, IN ORDER TO TROUBLE US HE LURED ONE OF OUR SERVANT MR.A AND ALLOWED TO OPEN AN TEA STALL IN-FRONT OF OUR SHOP WITH AN INTENTION OF PRODUCING MR.A (NOW HIS SERVANT) AS HIS WITNESS.
MR.A WAS OUR PAST SERVANT BUT 9 MONTHS BEFORE HE LEAVED THE JOB, THEN WE FOUND THAT HE IS EMPLOYED BY OUR LANDLORD.
MR A. ALONG WITH HIS RELATIVE AND LANDLORD'S OLD SERVANT IS RUNNING ILLEGAL TEA STALL WITH THE SUPPORT OF LANDLORD.
IT APPEARS THAT LANDLORD HAS BECOME HABITUAL OF EARNING MONEY BY HARASSING, FILING FAKE CASES IN COURT OF LAW.
HIS INTENTION IS TO FORCE MY FATHER TO SELL OUT THE PROPERTY BY ALL THIS.
MY FATHER, BROTHER PLEADED HIM NOT TO HARASS US BUT OF NO USE HE SAYS THAT HE IS RICH LANDLORD AND CAN DO ANYTHING, GIVE MONEY ELSE LOOSE EVERYTHING.
HE HAVE NO FEAR OF LAW & ORDER RATHER BY SPENDING MONEY ON HIS ADVOCATE HE CAN USE LAW AS A TOOL OF HARASSMENT.
HE HAS BEEN CONSISTENTLY THREATENING MY FATHER THAT YOU WILL LOOSE THE SHOP IN THIS SUIT, COURT WILL ORDER IN HIS FAVOUR BECAUSE HE IS RICH AND INFLUENTIAL MAN, SO BETTER SELL OUT YOUR SHOP AND GIVE ME HUGE TRANSFER FEE ELSE YOU WILL NOT GET EVEN SINGLE PAISE.
IS LAW SO MUCH BLIND THAT RICH PERSON CAN DO ANYTHING?
MY WHOLE FAMILY IS RUNNING UNDER DEPRESSION BECAUSE OF ALL THIS,
KINDLY HELP & SUGGEST WHAT SHOULD WE DO? WHERE TO COMPLAINT AND WHAT TO DO.