Advocate B. M.
15 September 2014 at 20:01
Dear Experts,
There is a Civil Court (Bombay) order of 1983 on a builder and Co-op Hsg Soc. for payment of some balance amounts to the builder/owner and in return for him to convey the property to the CHS. However both the parties did no act on it, nor execute the order till now. The property still stands in the name of the original builder/owner. Now he wants to transfer rights to develop to another builder and the CHS also wants to redevelop, but CHS does not want to work with the original builder/owner. What is the remedy for the original builder/owner?
Thank you experts.
B.M.
Chejarla Madhusudhana Raju
15 September 2014 at 19:54
Dear Experts, If any accused pays the entire amount due under the cheque to the complainant in a civil suit will he is entitled for acquittal in Summary Trial Case pending before any First Class Magistrate Court.
Rakesh Jain
15 September 2014 at 19:50
Dear Friends,
I got retired form the services of a PSU in October 2013.
This is in connection with my LTC claims for the Block Years 2007-08 and 2009-10 availed from my employer, a Govt. of India Company (Central PSU).
Just about a month before the date of retirement I got a message from my employer that CAG has raised a query that amount of my LTC claim was not calculated correctly as per LTC Rules which resulted in excess payment of Rs.73,028/-. I was asked to either deposit the amount or give an undertaking to deduct the amount from my retirement dues. Keeping in view that no other alternative was available at that time as my retirement date was nearing and not making arrangement for amount it may delay payment of retirement dues I reluctantly gave an undertaking for recovery of the amount for retirement dues making it clear that after looking into the matter I may approach with representation if need be. Accordingly the amount was recovered from my retirement dues.
Thereafter I made a representation for considering refund of amount recovered but the same was not considered.
On my seeking information under RTI it was informed that there were in all 47 employees who were settled LTC claims for the same sector for the Block Years 2005-06 to 2013-14 but only in five cases bills were settled only after 12.02.2013 (after the date it was pointed out by CAG) applying the correct provision as pointed out by CAG.
I feel this as an injustice to me as against 41 other persons and it amounts to partial treatment even after having fully come to know of the mistake on this account.
I also approached the concerned Ministy to look into the matter but there has been no response.
I request for the guidance of my learned friends as to if I have a case and there are there chances of success in case I approach High Court in Delhi by filing Writ Petition. In case there are chances of getting success I may please be guided with the procedure for filing Writ Petition along with Performa for the same.
Regards
Rakesh Jain
vijay waghmare
15 September 2014 at 19:23
hi sir's
some days before i hv sale my 2 wheeler with some amount the one person after looking all documents & bike he agreed to pay some amount for bike & for that bike taken person has given me the a/c pay cheque & i handed over the bike to him & agreed both that after cheque clearance i have to hand over the all document, but in between bike taken person has used my bike & shown to mechanic found some normal defect of engine knocking now bike taken person refused to pay the amount & bounce the cheque now bike is with him. later on i hv called him & asked for bike to bring with my address as i hv already spend my 3 days with them before with their address around 40 km long, now he is telling that come to (40km long) me with cheque after that i will hand over the bike.
"Now my question is that after seen all documents & bike personally of the taken person & agreed to pay, how someone can refuse. On that promise i hv taken 2nd bike now how can i manage the amount. can anyone guide me on that situation.
vijayw
vinay sharma
15 September 2014 at 19:08
sir,
my wife filed petition u/s 125 crpc for maintenenace. the court awarded her rs. 8000/- per month maintaince during the year 2008. i filed criminal revision against the said order in high court. the high court directed me to pay rs 8000/- per month till th efinal disposal of revision. as per th eprders oe high court i am depositing rs. 8000/- by way of dd in the famil court upto 15th of every month, from there my ex-wife is wthdrawing the amount. the revision is still pending in high court for final disposal.
now my ex-wife has filed petiiton u/s 127 crpc in family court for enhancement. she had not mentioned naything about revision being pending against the sec 125 order in high court.
my question is whether petition u/s 127 crpc is maintainable when order u/s 125 has not attainaed finality. please provide any judgement on the issue.
Avinash
15 September 2014 at 18:56
Hello sir
We belong to a middle class family my grand father purchased the land in 1980. Its around 375 sqyds. At that time only our neighbour raised some issues which are against the law. The neighbour used to stole cement ,sand and abused the workers. In Those days we raised many complaints but they were of no use. Ohk leave dat matter sir nw I will cme to the point in 375sqyds 250sqyds has been given for development in november 2013. Frm dat tym the neighbour is torturing our family every time he is raising different different complaints against us and MCH members are cmng and stopng d work .and once the problem is solved and ven v r startng the work again he is raising some complaints and the work has been stopped. Neighbour is aged 75yrs and takng his age as advantage he is harrasing our total family . First floor slab has been constructed nw he raised a complaint that beside side wall v hav to leave 6feet itseems but asper muncipal law v hav to leave 3 n half inches which v hav already left nw he is demanding to demolish the first floor if it happens v will b in a great loss pls some on suggest us so that d problem can b resolved
pari
15 September 2014 at 18:08
My friend was forced to go for n arranged marriage. Its been two years now and his wife has given birth to a daughter. She is 3 months old. He is willing to to file a divorce as he think tht his daughter will be in hell if she continues to stay with her mother and her family. He want to bring her out frm whr she is currently staying for her welfare n good future.
Plz suggest what steps should be taken and wht exactly are the law regarding paternal custody for the child.
Protul Chatterji
15 September 2014 at 17:34
I have close associate who is a lady. She is adult but unmarried. She is only daughter of her parent. Her father is retired, earns pension and also earns from private practice. Mother is housewife. Daughter stays with her parents as a part of joint family where the house belongs to her auntie and uncle (mom's sister and her husband).
The issue is, her parent (mom as well as dad) very often threatens her to throw her out of the house. She is extremely tensed due to this, specially if they physically drive her way, don't let her in or may even force her out.
She is working but her salary is meagre.
We heard there is a legal protection for unmarried daughter and parents have to provide shelter to an unmarried daughter. What are such sections of law (Civil/Criminal) ?
S R SHETTY
15 September 2014 at 17:26
I have replied to a Legal Notice admitting the liability thinking that the matter can be resolved amicably, but now can not be resolved and claimant sent second notice. Can we reply through advocate and deny the allegation. I am legally qualified and experienced person. I did not want to reply earlier, but replied as formal compliance.
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About khalsa land
if a land is a khalsa land and transaction of sale is made by the owner of the without the prior permission of the collector, then does the transaction become illegal and can such a transaction be challenged.