malipeddi jaggarao
31 December 2014 at 16:30
I wish all the experts/members/Admin of LCI a very happy and prosperous new year 2015. May the Almighty shower the choicest blessings on you, your family and friends.
Mohammed Rizwan Shaikh
31 December 2014 at 16:28
Hi Experts,
My friends Grand-mother's brother is an Agriculturist, my friend is a non-farmer, he is intending to buy Gunthewari Plots in Shegaon-Maharashtra.
Can he buy the said Gunthewari Plots on his name? or
Can he buy the said plots in the name of Grand-mother's brother?
Later can my friend get it transferred on his name by way of Gift Deed as my friend is in blood relation with him? Please help experts.
What's the remedy?
Regards,
Rizwan Shaikh
malipeddi jaggarao
31 December 2014 at 15:52
I was discharged from my Institution (PSB) on frivelous grounds in the year 2010. I approached one of the outstanding and eminant advocates in service matters and filed a Writ in High Court in 2010. As nothing was moving, I took noc and represented as party-in-person. After taking up frequent mentions, the judge took up the case and arguments from both sides closed and it was reserved for judgement under caption "CAV" on 30.10.2014. But till now judgement is not pronounced. The papers filed by me are bulky as many important papers I could secure through RTI application in second appeal and these were filed in the Court making additional prayer by filing M.P.
I seek your valuable advice on the following:
1. The status of case is "CAV". Does that mean that the prouncement of judgement will be by the same judge irrespective of change of benches, transfer or retirement?
2. I am attaining superannuation in July 2015. I wish that the judgement should see the light of the tunnel well before July 2015.
3. How much time normally it will take for pronouncement of judgement in kept under "CAV" caption? The judge is over-burdened with the work and people say that he will take pretty long time.
4. If the judgement is in my favour, whether it has to be implemented by the Institution immediately or they may drag the matter till the expiry of appeal period.
5. Normally how much time will be given for appeal in service matter writs?
6. If they go for appeal, can be disposed of at admission stage if sufficient grounds are presented to the appellate authority?
7. I do not wish to represent the matter for expeditious disposal to CJ as it may turn adverse.
The very purpose of fighting this case is prove that the Institution is wrong in inflicting the punishment. This will serve only if I am reinstated before my superannuation i.e., July 3015. Hence kindly analyse and guide me on the above points and also future course of action.
With regards
Jaggarao Malipeddi.
Rakesh Mishra
31 December 2014 at 14:39
Dear Sir,
I am serving in Army at posted at Glacier Laddakh. I regularly send money to my family who are in Mumbai. During my last visit, I found that my wife had purchased one expensive mobile, diamond watch without informing me. I took it in my possession along with other LIC documents which are in my name. Later she argued and asked to return it, which I didn't. She filed FIR at police station under section 406 and in her complaint falsely claimed her ornaments are also with me, which I didn't take. She has also named my brother as a partner in theft, but he was not there with me.
Kindly suggest what step should I take against the FIR.
PRAKASH BATLE
31 December 2014 at 14:25
My fathers property is a self acqiured property and his younger Brother was staying with him and shairing two Rooms.As he was not vacating my father went to court where and lower court have shown my father as a Karta purush (joint family) and given my uncle 50 % share. High court gave judgement which is not clear.Both my father and uncle are no more and Property is still in fathers name. Now it is more than 14 yrs and we brothers are Retiring and wants the property to be transferred on our Mothers name (80 yrs). We want to know whether my cousin(Uncles son)is still having any share in the property?.
Krishna
31 December 2014 at 14:16
Hello Experts
My friend was running an business for over 2 years. I wanted to join him as a Partner. So, as a first step, we signed an Basic Understanding Agreement (BuA) on Feb 2013 on Rs.100/- stamp paper. I even notorious it but did not Register the document.
I invested Rs.2 lacks. We even decided that, this BuA will become the basis for MoU to be signed in future date. Per this agreement, both the parties had an OPTION to back-off from this arrangement on or before 15th June 2013 with out any question. And also, this agreement has a clause where it says that I have made this decision to join the business on my own risk.
The idea was, I shall quit my Part-Time employment, join his business and then I was given SPECIFIC responsibility to generate revenue to business.
However, from Feb 2013 I did not participate in business, I did not perform any of the specific responsibilities given to me and I did not contribute to business or to the revenue etc.
After 3 months of signing the BuA i.e. May 2013, I decided to take up an an Overseas Employment. Informed my friend just 2/3 days before my departure. He was very upset, but I continued with my employment.
One Year later i.e. February 2014, I came back to India on vacation and met my friend w.r.t Business. He informed me all that has happened between May 2013 and February 2014 (in writing) how he underwent huge business losses.
My friend also informed me that, there was a need to infuse additional Rs. 15 lacks in to business to ensure continuity and I should actively participate at least from now onwards. He proposed that I pay off 50% of Rs. 15 lacks. I refused to pay additional funds into business and I refused to quit my Overseas Employment even as my friend told me that, if we do not infuse the required funds Rs.15 Lacks, then the business has to be closed down.
I did not provide additional funds. I again went back on my Overseas Employment. Some time in March/April 2014, he informed me that due to heavy losses accumulated in Y 2013 and also, due to shortage of funds, he closed down the business.
I came back to India in December 2014. I know he has closed down business in April 2014. Now I asked my friend to RETURN my investment. He is telling me that there are accumulated LOSSES and I need to share 50% losses. He is further refusing to give back my investment.
My friend is telling me that I have failed and defaulted to fulfill the role, responsibility, investment and also, failed to addressing business exigencies and also, If I wanted my investment money back, I should have told him the same on or before 15th June 2013 in writing.
My friend says, he can neither pay 18% interest as this was not the understanding per BuA and can’t refund the money back as business underwent loss and is closed now.
WHAT ARE THE KIND OF LEGAL OPTIONS I HAVE.
CAN I RECOVER THIS MONEY FROM HIM.
Please ADVISE.
varun
31 December 2014 at 13:43
Respected sir/s,
If a person is unable to pay EMI for property purchased, after taking the property, will the banks return the money paid by way of EMI to the bank? To tell clearly, a person buys a property for 85 lakhs. He gives 20 lakhs out of his pocket. Balance 65 lakhs he gets loan from a bank. After 2 or 3 years, he is unable to pay EMI. upto that date he paid appx. say five lakhs towards capital.
If the bank takes the property, what happens to his paid money of Rs.5 lakhs and out-of-pocket paid money of Rs.20 lakhs? Will he get back this money?
Kindly advise.
varun
31 December 2014 at 13:31
Respected Sir/s,
My cousin wants to buy an individual property in chennai. He identified a property (an individual house at chennai) within his budget. The property belongs to a christian. What are the things he has to be precautious about purchasing a property belonging to a christian? Does christian law stipulate rules separately as regards purchase and selling of a property? While buying a christian proerty how about its link with their family law?
Kindly advise.
rayu mahambare
31 December 2014 at 13:21
Dear Sir/Madam,
The Accused was convicted by trial court and also the order of conviction was upheld by Sessions Court in Appeal preferred by the Accused. At the time of passing an order, the Accused was not present before the Sessions Court and applied for exemption which was granted. The order was to pay fine and one day simple imprisonment and in default of payment of fine amount three months simple imprisonment.
Can you guide me to take further steps in the matter being a Complainant ?
The Accused has not paid the fine amount
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