Uday Kumar
04 May 2014 at 13:02
Dear Sirs,
is certificate under 65B Evidence Act is for Email Message / Computer Printed Docs as a part of suit and without such certificate it cannot be legally proofed.
Please assist
Also advise Format of such certificate and who is sign such certificate
Best Regards
Udau Kumar
aarjun vhajage
04 May 2014 at 11:46
I filed a complaint of my client under 138 NIA. Chief and cross is over of complainant. Now I came to know that, original receipt and acknowledgement of demand notice, which was signed my accused, is lost/misplaced from the documents. It was original copies. Which was not exhibited. But at the time of filing the case, in list of documents, it is mentioned in the list. And in the examination in chief and in evidence affidavit I requested to court to exhibit it. But court didnt exhibited it that time. Now on this stage, I made the application to recover the concerned receipts by the staff who handling the documents if misplaced somewhere. The documents were in the custody of court. But court ordered that, receipts are important and to make it avail by complainant. Except this receipts I cant prove limitations. I know, when opposite party came to know that receipts are not exhibited and question of limitation will be arise. They disappeared it. What can i do know? Is the any citation or any procedure to read it in evidence if it is disappeared from the documents?
Member (Account Deleted)
04 May 2014 at 11:14
Dear Sir,
My father is a retired senior PSU executive who applied for a reverse mortgage loan with IDBI Ltd. As on date their is nothing outstanding on the property except the current ongoing home loan with HDFC.As discussed with the IDBI bank people it was assured that bank would clear off the remaining outstanding in the name of the property to be mortgaged with the sanctioned RML Amount.All the legal and technical(valuation) was done at my father's cost satisfactorily.
Unfortunately now the bank people say that his cibil investigation shows some delay in payment of EMI'S Which makes the asset stressed and disqualified for RML.
The questions which are bothering me are-
1)He was never a defaulter of any financial lending institution.
2)Apart from certain delays in payment of EMI's in respect of the home loan due to stressed finances at his end, its still paid regularly and the asset is not in NPA category.
3)There are no outstanding dues against the property.
4) As understood & discussed with professionals, the “Reverse Mortgage loan “ is not to be treated as a normal Loan against Property where EMI credibility/ Credit worthiness of the borrower is to be ascertained by the bank thru CIBIL report investigations. Here the property is reverse mortgaged to the bank by the beneficiary (Sr. Citizen) who has no source to finance his pressing family needs. I have even studied the National Housing Bank (NHB) guidelines for RML.
I understand that CIBIL score has no role to play in this case as the borrower opts for this only when he has no means of earning for meeting EMI burden. The question of credibility limits only to the extent that the deed is clear .
As far as I understand the basic intention with which the Government of India launched this “RML Product” under the National Housing Bank Guidelines ,was with the prime motive of helping the aged and the needy senior citizens to lead a life of dignity in their golden years of life when they have no one to support and no source of stable income left, thereby utilizing the equity of their self- owned and occupied residential property to come to their rescue.
It’s not a regular home loan transfer from one bank to another bank or a equity based mortgage where the borrower has to pay regular monthly installments to the bank, that the question of my father's residential property being called a ‘stressed asset” comes in to picture. Here the borrower throughout his life doesn’t have to service the loan and hence requirement of seeing past credit history has no relevance at all.
I would be grateful if you can guide me thru...and advice me appropriately that what he can do to claim his justified right of getting the loan.
Regds
Rashmi Upadhyaya
LL.B (Final Yr)
CS (Executive)
rak
04 May 2014 at 10:50
1:- how to get a legal information of grandfather's property and his will???
2:- how to claim for justice of fathers property divided into his brothers
3:- how to claim for grandfather's and father's property and what all documents do I need to apply for claim???
4:- is there any option to file case and I do not want to attend the court, I respect the final decision of judge.
Ashok Kuvadia
04 May 2014 at 09:30
Whether company is liable to and is it mandatory to give one full year fresh guaranty/warranty behind replacement of whole new unit of Air-conditioner?
Dear Experts,
(01) I am staying in Mumbai. From the date of installation of my newly purchased air-conditioner it was giving trouble and not performing to optimum.
(02) On my every complaint about non-performance; the mechanic used to come, they do some trial and error method and instruct us to run A/C for more period. Likewise they passed about 10-11 months.
(03) At last, after about 11 months from the date of purchase, I made complaint in detailed to the head office of A/C company.
(04) The A/C company admitted by its letter to give me replacement of WHOLE NEW UNIT OF A/C against the faulty one which they supplied me firstly.
(05) But while fitting the NEW UNIT of A/C as replacement, I came to understand that they are going to give me further guaranty/warranty of two months only and not for the one full year fresh guaranty/warranty. And therefore I sent them back without getting fitted new unit of A/C. Because I believe, I ought to get the fresh guaranty/warranty of one full year as it is a replacement of WHOLE NEW UNIT and not a repairing and replacement of any part of old unit.
(06) The terms and conditions mentioned in their certificate of warranty is that-- “In the event of repairs or replacement of any part, during the said warranty period, the warranty shall thereafter continue only for the unexpired period of the original warranty. The defective part shall become the property of company”.
N.B.: It is important to note that here the condition mentioned is for repairing or replacement of any part from the existing A/C. But they are not mentioning anything about what is to be done in the event of replacement of WHOLE NEW UNIT.
(07) In my humble opinion, since the company is giving me the replacement of WHOLE NEW UNIT of A/C, it ought to consider as newly purchased and I am entitle for & liable to get the fresh guaranty/warranty of one year. Further, why should I be the sufferer and victim of substandard and faulty quality of A/C they supplied earlier?
My Query:
(a) Am I entitle for and liable to get the fresh guaranty/warranty of one year since the company is giving me the replacement of WHOLE NEW UNIT of A/C and it is not a part replacement, therefore it ought to consider as good as new purchase?
(b) Since there is no mention in certificate of warranty about what is to be done in the event of replacement of WHOLE NEW UNIT, can the replacement which I will get of WHOLE NEW UNIT be treated and considered as good as purchase of new unit?
(c) If the conditions compel me, for my right, to approach appropriate forum of law, what that Court is? Where should I lodge a case?
(d) Which law is applicable to such kind of disputes?
Thanking all experts in anticipation.
Sincerely,
Ashok Kuvadia.
(098691 02755)
Kavitha Vallur
04 May 2014 at 08:27
Respected Lawyers,
My grandmother had adopted my mother while she was around 5 years old from a distant relative. Before her death my father harassed my grandmother and made sure that the property be transferred to my mother's name which was done as per his wish. My relatives have told me that I also have a share of my ancestral property, Is this true?
I would like to tell you about my situation. I have one younger brother and we are the only two children to my parents. My brother is happily married with two daughters. I am divorced twice and married the third time, and I not financially stable. My husband is a heart patient he has undergone angio plasty. Since two years am demanding my share for which my parents have refused to do anything for me. They bought a house in Hyderabad under my sis-in laws name and have asked me to stay there as long as I want for which there is no gift deed, only an agreement for rent was made. My dad does not want to show the copy of the will which my grandmother has made. As per relatives they say she can enjoy the property but cannot sell. Off late I came to know that my parents have demolised the property and they are planning to take a Home Loan by making my brother as a co-applicant and build a house or commercial complex at the site. Is there I can do anything as of now? Please advice.
Regards
Kavitha Vallur
09505001339
umasankar Sahu
04 May 2014 at 02:02
Dear Sir/ Madam,
I, Umasankar Sahu want to bring your kind notice that, in profession I am a businessman. And I with partnership of my Brother Purna Chandra Sahu, doing civil construction works by participating Govt. tenders in Berhampur Municipal Corporation. Sir, We have finished our projects (Concrete Roads) as per BMC's criteria. One project completed before 3 months and other project completed before 8 months. All Officials like Junior Engineer (J.E.), Sub Divisional Officer, Executive Engineer, Municipal Commisioner all passed the said bills and only the has put pending at the Mayor Smt. K. Madhavi. For your kind notice I would like to inform you that hon'ble Mayor and her Political mentor & brother K.Anil kumar put those bill pending as we are unable to pay bribe (percentages) to pass the bills.
Sir, we are not landlords, we work for our family. If our bills are not getting passed for such long period how can we survive. For work, we also have taken loan from banks and private personals. We have taken raw meterials from different dealers. We are facing threatening from them as we are not able to clear their dues in time.
We have highlighted this issue in print media 2 times but they (Mayor, Berhampur, Orissa) are not listening us. We & our family are feeling breathlessness now. Kindly help us.
We shall be grateful to you for this help.
Thanking you Sir,
Regards,
Umasankar Sahu
Brahmapur, GANJAM (Odisha)
Kvijay12345
03 May 2014 at 23:43
I want the reference to the judgements on the Cheques given for the purpose of security does not attract sec. 138 of NI Act.,in case of unsecured personal loan . Can any body please furnish me the details of such examples from HC or supreme court?
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To cancell maintance
Dear experts
My wife has know put 4 cases on me.
1.criminal case
2.partation suit
3.maintance
4.deomestic violence
I was marreid in june 2010 and my wife left on here own without any reason on dec2010 and i filed RCR in 27th april 2012 she filed the dowry case 498a cases on after receving court notice in 22may2012 on my family and dowry case is closed by the police on 24th may 2012 after that she never came and i got ex-party order on 20 oct 2012 and i served a legal notice to my wife on 22 jan 2013 then also she never came and she was staying in here parent house and she is working has a chemist and getting 9k/month and my father died on march 14 2013 after my father death she i filed a 4 cases on me and my mother.
case1.partition suit in that she mentioned my address that we are staying toghter in same house
case2.maintance case she has mentioned my addressthat we are staying together and she is unemployed
case3.deomostic violence she mentioned my address and she has mentioned differnt address of me and my mother
case4.criminal case she as mentioned my address and she is working
case5.In RCR and legal notice i have my wife parent address
case6.In dowry case my wife has mentioned thier parents address
My querys are
1.when she is not staying with me scince dec2010 and i got RCR ex-part order also how she can file a cases on me with different address after my father death?
2.Can i cancell the maintance case that she has shown differnt address and she is working and she has miss guide the court?
3.can i cancell the deomstic voilation that she has mentioned different address in my wife salary slip she has mentioned here parent address?
4.My wife has given false criminal case on me after my father death she was living together with me can i cancell the criminal
cases that she has mentioned diffrent address in differnt case and she has miss guided the police and court also?
Dear experts please guide me please what i can do the best
Regards
mohan
9880962229