S.Lakshmikanthan
30 June 2014 at 17:45
suit is for delivery of possession ,i am the plaintiff ,i got exparty degree .set asidec petition was filled in time but there was 200days delay in representation ,but condone delay in representationn petition was filed with supresion of facts, wrong calculation of as 19 days , with out sufficent reason,vague affidavit . i filed counter and writen argument dismis the same but order was passed condoning the delay of 19 days.
now set aside petition enquery is final stage .
we are about submit written argument in that .what can we do now ?can cr p be filed simentaneously along with condonation of delay petition. pls suggest,.
Jinu Nadar
30 June 2014 at 17:34
Hi,
We have got married on 8th Oct 2013. That was done at Thane, but my employer states that it is just a Affidavit. Could please help me to get a proper Marriage Certificate? I have a certificate from hall where our marriage was done and all other residential and official proofs.
Regards
Jinu Nadar
TR Madhavan
30 June 2014 at 17:30
a) A P Apartment Act – 1987 Chapter No. 3 – Section 10 – Compliance with bye-laws and covenants; Each apartment owner shall comply with the covenants, condition and restrictions et forth in the Declaration and the bye-law. Failure to comply with any of the same shall be a ground for action to recover sums due, for damages or other relief at the instance of the Office Bearers of the Association of Apartment Owners or in a proper case, by an aggrieved apartment owner.
b) Section-20 Charge on property for Common Expenses; All sums assessed by the Association of apartment owners for the share of common expenses chargeable on any apartment shall constitute a charge on such apartment with precedence over other charges expect charges, if any, for payment of Government and Municipal Taxes and all sums remaining unpaid on first mortgage of the apartment.
c) Section – 21 Manager to cut off, with hold, curtail or reduce essential supply or service; The Manager or board of managers of tan Association of apartment owners may, after due notice of not less than seven days, for just and sufficient cause, cut off, with hold, or in any manner curtail or reduce, any essential supply or service enjoyed by an Apartment owner. Explanation: In this section, essential supply or service includes the supply of water, electricity, lights in passages and on stair cases, and lifts and conservancy of sanitary services.
d) Rule – 13 – Form V – Exhibit B – Bye-laws of the Association of the flat or apartment owners- Chapter 1 – Section 8 – Disqualifications: No apartment owner shall be entitled to vote on the questions of election of members of the Board or the President, or any other office bearer or be entitled to stand for election to such office if he is in arrears of any sum for him in respect of his contributions for common expenses for more than sixty days on the last day of the year preceding the year in which the election to the Board would take place.
As per above sections and sub sections of the Act clarifications sought on the following questions,
a) Does the elected body have the right to enhance or ratify the fixed monthly common (maintenances) expenses every month? Does the decision need ratification of the General body?
b) The association collects every month a fixed charges towards for common (Maintenance) charges and fixes a due date to make the payment by the apartment owner. On failure of the payment on or before the due date fixed by the association every month, does the association have the right to cut off all the services of the particular defaulter after issuance of necessary notices?
c) As Rule – 13 – Disqualification – Sixty days arrears rule is applicable for contesting and voting in the association elections. Does it means the apartment owner can with hold the monthly payments towards common (maintenance) expenses for such period and enjoy all amenities at others cost? Does it mean the association cannot take any action against the defaulters till the end of the sixty days?
dharmendra Singh
30 June 2014 at 17:17
A meeting was going on in the house of a person present in the meeting. One another person recorded the activities/conversations of this meeting by spy camera for creating the evidence. Is this recording amounts any violation according to Indian law?
Prashant Shinde
30 June 2014 at 17:11
Hi,
I have taken a token amount & given receipts affixed with revenue stamp (for Rs.1 lac) to a buyer for buying my apartment. But then I realized the deal is not worthy & want to backout. till the time no MOU is signed between us. The buyer is not accepting the return cheque. Even I don't have his postal address. Will the buyer take any legal action against me on the basis of revenue stamped receipts. Can I issue a notice in newspaper to buyer mentioning that the deal is canceled & he should collect the return cheque else the token money will be forfeited.
Regards,
Prashant.
Vithal. Upari
30 June 2014 at 17:07
Dear Experts,
Can any body tell me where i can get the information about NGO new schemes which are available and accordingly i can apply for my NGO. Please send website links or website address:
You valuable suggestions are expected soon.
Regards
Vithal
srinivas
30 June 2014 at 17:03
would like to have a specimen of leave license agreement which can be used for giving for givinf house on leave licese in bangaglore city
SAM
30 June 2014 at 17:01
Dear Ld. Experts,
This is the situation of my colleague as mentioned below:
1. His marriage was arrange marriage. No dowry nothing. After 6 months of marriage she always used to crib and cry for petty things and used to quarrel with husband for no reasons.
2. Sometimes she used to do natak of doing suicide at his place just by doing petty quarrels. Her father said to him that "you are not capable of being a good husband as you are not spending money on her. Only when money is spend on his daughter, then only she stays in his house."
3. After 1.5 yrs of marriage, his wife along with her father in law went to her father place and before leaving to father place she orally told her that she would not come back to stay with him as she was fed up from him. She went to her dad place on 29th Jan, 14 and till date she is not residing with him at his place.
5. They don't have kids. He informed her that if she goes to his grandfather place which is located in his native place for 6 months and do help (seva) of his grandparents as they are old and not well, then he will come to pick her up and take her back to Mumbai.
6. Even after assuring that he will come to pick her up from native place if she helps his grandparents for 6 months, she didn't went to their house as she was guilty of facing his grandparents.
7. Her father acts according to her daughter and as per her wishes.
8. Now the situation is that he wants to have divorce. He is staying in a joint family with his parents and his elder brother.
9. He informed her via whatsapp that he will come in winter season for mutual break up between him and her as she was not happy with him and she was happy at her father place.
10. Now after 4 months she surprisingly calls him and says that i will only come at husband place when the husband will come to native place to pick her up.
11. Now the situation is that he do not want to have her in her life as she used to say every time that her family did not like him from the beginning itself and they were not even ready for marriage with him as he is not suitable for her
12. She every time stated that she would have been happy if she had got married by running away with someone in her native place or as per her wishes.
13. Her father is a henpecked husband and he acts according to his wife.
14. She is messaging in whats app and every time saying that it is he who is asking for divorce, but she is not ready to give divorce to him as she will not give divorce to him and will also not do second marriage.
15. No legal notice, nor letter have been sent from him to his wife to come back
(I have suggested him that if she was a good girl she would have stayed with him in any situations and she would have come back from her father place even after 4 months and he would not have removed her from his flat. This shows that she is not interested in him and that's why she is there with her father place. I have suggested him to apply for divorce in Mumbai so that he can get ex-parte order from the court and he will get divorce as she will not get maintenance as she has on her own went to her father place)
In the above situation what should he do so as to safeguard him as well as his family.
Regards,
Sam
dharmendra Singh
30 June 2014 at 16:56
Although this query was a part of my previous query but was not answered precisely at that time. Therefore I like to Experts attention on this specific point once again.
Can the departmental action not be initiated if the complain is pending before police.
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Query regarding joint holder.
I have the following query:
We are Joint Members staying in the same flat in a co-operative society.
I am the principle member and my cousin the joint member/ associate member.
We inherited the house from our respective fathers.
My father had been paying the outgoings since 1968 and inspite of asking for paying half the share my cousin's parents never paid up.
Now I pay the outgoings after my father's death.
Now after so many years, suddenly they applied to the society, when the society issued new certificates to all members, for a copy of the share certificate for themselves as well which the society did without informing us and neither did my cousin inform me that he has applied for the share certificate.
Now when I went to pay the outgoings, I was told by the society clerk that my brother has paid half the amount and the society has accepted the cheque. Again this time as well, neither my cousin nor the society informed us about the same.
I want to know if , is it not the society's duty to inform me whenever my cousin commmunicates with them, especially regarding issues which concerns me as well, being the principle member.
Also can the society accept the outgoings from my cousin(half share) for the fist time since we became members???
Thanks a lot for giving your Valuable Time to my Query.