25 October 2019 at 20:21

Rti

I had asked for a certified copy of information, under the RTI ACT 2005 regarding third party. But the reply excepted by the concerned PIO is from an another person, who has objected to my giving Information by the PIO. is this act of the PIO legal in RTI law. Query is can any Tom, Dick, Harry reply on any one's behalf. note. this is serious question, no further facts to state. kindly help.


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Anonymous
13 October 2019 at 08:14

Need your advice

Dear sir,
I own a flat on third floor in four storey building. I gave it on rent. Flat was purchased in 2009 in virar in Palghar. My licensee verbally complained 3-4 months back that water tank above bathroom automatically get empty and also some fittings are leaking. For that I sent plumber and get it repaired. After that there was no complaint.
I never done any changes in pipeline in bathroom. Everything is as it is, as given by builder.

Now suddenly 3-4 days back I get complaint from my neighbour and below floor flat that they are getting water leakage from my bathroom to their home. Immediately I sent plumber next day and plumber now told me its major work and bathroom tiles will have to be broken to find leakage in pipe line and pipes had to be replaced as they rusted. I did all that expenditure and replaced all pipe line in my bathroom and leakage stopped. But now neighbour and below flat owner, is harassing me that he also need compensation for damage in his rooms. But when I see his room it doesn't seem that damage is so major and only because of water leakage which came to my knowledge in last 4-5 days. They had given first time written complaint to society regarding leakage and damage just 4-5 days back. Out of which leakage part already solved in my room at my cost immediately .

Now I want your guidance, what to do for their wrong demand of compensation for damage to their home? What law says? Please guide me.


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02 October 2019 at 17:06

Passport address issue

I'm a working professional living in Mumbai at my brother's house. I didn't have any address proof of Mumbai and have applied for a passport in May 2018. Due to adverse police verification report, a show cause notice was issued and after paying a penalty, my file was closed. I entered into a rent agreement with my brother (the house is on his name) from 1 November 2018 until 30 September 2019 (11 months agreement). As of now, I have Mumbai address on my aadhar card (updated with the help of rent agreement). Could you please help and let me know if I can now get a passport and should I present my Mumbai address as permanent as well as present address? I don't have any other address proof except aadhar card and rent agreement. As of today, I've completed 11 months living in this house officially and actually 4.5 years (though I don't have any proof of address on a valid document). I can get a letter from my employer company stating that I've been living at this address since 2 years while being employed with them. But I'm afraid that the passport office won't accept it because it isn't a public company. Need you immediate help on my address issue. Thanks in advance.


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Dear Sir, We had one shipment from Saudi through there sales office based in Dubai, it was plastic raw material. shipment is done in Jan and arrived in Feb. As per the contract, we have agreed on the description of goods and results of the test was shared.
Seller provided us test results/actually it was fabricated, we came to know at the later stage.
Seller after loading container sent us pictures of loading with the closing container and sealed it and provided us seal number. But the seal was changed twice as per BL copy.
When the container arrived at Nhava Sheva we have cleared it and took this to Telangana, when we tested we have found material was not up to the mark. Seller doesn't want to listen nor want to negotiate.

how we can solve this by filing a complaint to DGFT or Indian Embassy or chamber of commerce or any other course of action. The seller has good business in India as well.

Regard;s


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Sir/Madam,

I am from West Delhi, Paschim VIhar.

1. I gave earnest money for 2 shops of Central Delhi.

2. Sellers neither gave me shops not double of the Bayana.

3. I filed the lawsuits in arbitration and won both the Cases.

4. Then I filed the Execution of both the "Arbitral Awards" and both the Execution Courts found my Award executable and both the Courts asked me to take the possession of both the shops.

5. Almost one years back, I took the possession of One of the shops. But within One hour a Manager of Union Bank of India came there and told me that UBI had financed those shops as well as many other portions of that Building and UBI had taken the possession of those shops as well as other floors via CMM. We exchanged our Court Orders.

6. After the passage of some time, UBI filed Objection in one of my Execution Court. Now the matter is pending for Argumentation.

7. Meanwhile, I have found several discrepancies in financing procedure of UIB used for those properties.

a) One of those shops was not owned by the UBI borrower.

b) UBI financed 4th floor, whereas in Delhi 4th floor is illegal.

c) UBI financed 30% undivided share in the basement, whereas it is impossible to take the possession of an undivided share without going through partition suit, if not given by consent.

d) UBI did not allocate the Loan of 90 Lakhs separately to each property but treated 5 properties collectively as one Unit.

e) Even after taking the possession through CMM, UBI did nothing to monetize these properties for a period of one Year. Not a single auction was arranged by UBI.

f) There were no proper boundary walls of the shops on the backside. Even after taking the possession from CMM Court, UBI did not try to erect these walls to secure the physical possession of the shops. Those walls had been erected by me.

NOW I WANNA Challenge the Judgement taken by UBI on the basis of Collusion/ Fraud, whereas I was not a party to that suit.

But right now UBI has submitted an objection in the Execution Court, from which I got the Order to take the possession.

Therefore now the hurdle is UBI's Order for me.

Where/how to challenge UBI's Judgement? In which Court, under which Act/Section?

My view till now is, formed by internet research, I have the best option to challenge in CMM court, the same court from which UBI took the Order, u/s 44 Evidence Act.

Sir/ Madam, What is your considered opinion? What is the Best Option?


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12 July 2019 at 06:45

Stamp paper

If an Arbitrator issues an award on Rs.100/- stamp paper and writes in the award that claimant may may pay balance applicable stamp duty at the time of execution?

WILL THIS AWARD BE A VALID AWARD FROM LEGAL POINT OF VIEW AND CANNOT BE CHALLANGED ON THE ISSUE OF STAMP DUTY, WHICH WILL BE PAID AT THE TIME OF EXECUTION OF AWARD?


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I want to know whether the grant of compensation / award in land acquisition proceeedings are proof of title. Are there any case laws on this point


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07 June 2019 at 22:56

Options

IF A PARTY DOES NOT BOTHER TO PAY ARBITRATOR FEE WHAT ARE THE OPTIONS FOR ARBITRATOR AT THE STAGE WHEN AWARD IS RESERVED.


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When non judicial stamp paper of rupees fifty introduced by government in state of Maharashtra and in india


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