Sagar Kotak
12 June 2018 at 15:24
My client has submitted "Agreement of Sale" of Dt. 04.04.1979 to the office of 'The Collector of Stamps' for the purposes of Adjudication on Dt. 18.11.2017. The office has not sent the demand notice as of date which is ultravires the provisions of Maharashtra Stamp Act, which clearly mandates maximum of 45 days for closing the case. When pressed for an explanation, the office has reverted back saying that they have forwarded my client's Agreement to Forensic Lab for conducting tests in order to verify the authenticity of the Agreement. My query is : 1] Whether the Collect of Stamps has any right / authority / power to arbitrarily send documents of the Citizens such as 'Agreement for Sale' for Forensic Reports without any grounds whatsoever ? 2] Usually, Forensic reports are taken out on orders / directions of competent Courts. Can the Collector of Stamps, Mumbai carry out forensic tests on its own motion without any directions / orders of any competent court of law ? 3] If yes, then under which law is the Collector of Stamps empowered to take such actions ? If no, then what is the legal remedy for the same ? Warm Regards
Read more at: http://www.lawyersclubindia.com/forum/Collector-of-stamps-right-to-forensic-tests--183469.asp
Sagar Kotak
30 March 2017 at 12:20
Greetings Respected Seniors
Facts:
I along with my brother in law have conjointly provided loans to a person (Borrower) to the tune of Rs. 3,40,00,000 /- (Rupees Two Crores Forty Lacs Only) (Said loan) in equal proportion i.e. Rs. 1,70,00,000 /- each. However due to poor financial conditions, the said borrower is unable to repay the said loan to us. The said borrower is owner of a 3 BHK Residential Apartment whose approximate market value is about Rs. 6,00,00,000 /- (Rupees Six Crore Only). Since the said borrower is unable to repay the said loan to us and also since there is no potential purchaser of his “said flat premises” in the present market scenario, therefore the said borrower has now agreed to grant possession of his 3 BHK owned Flat premises to us pursuant to the execution of one “Memorandum of Understanding” which particularly stipulates that we (I & my brother in law) shall take possession of his said flat premises for a period of 6 months. During this phase of 6 months, we shall try to market & sell the said premises to a third-party or in the alternative I alone shall purchase the said property at market rate from the said borrower, in case, I desire to do so.
Query:
During this phase of 6 months wherein the said flat premises is in our possession, my queries are:
1. What are the rights and liabilities of each one of us i.e. Me & my brother in law in respect of the said 3 BHK flat premises during this phase of 6 months?
2. If I intend to take a trial of the said 3 BHK apartment by residing in it on trial basis (In order to decide if I wish to purchase the said flat premises from the said borrower), then what is the duration for which I can personally reside in the said flat premises (on trial basis)? Does my partner i.e. my brother in law has a right to take an objection against me for residing in the said premises on trial basis for a fixed duration?
Kindly enlighten me on this captioned matter.
Regards.
Sagar Kotak
08 February 2017 at 13:29
The present case pertains to Cheque bouncing U/s. 138 of the Negotiable Instruments Act, 1881 in the state of Gujarat, Kutch. May I be apprised by the respected learned counsels on the following subject issues:
1. What is the precise amount or percentage of Court fees to paid before filing a Criminal Complaint before the Magistrates Court in the state of Gujarat, Kutch ?
2. I have heard that the complainant is not required to pay any court fees for filing complaints U/s. 138 of N.I. Act. To the contrary, the Accused is required to pay the required Court fees. Is this true ?
3. I have also heard that if settlement is arrived at between the complainant and the Accused, then in that case, 10 % of the cheque amount has to be paid as 'Court Fees. Is this True ? If yes, then who is required to pay the said Court fees in lieu of Settlement - Complainant or the Accused or 50-50 ratio ?
Awaiting the precious inputs of all the esteemed lawyers.
Warm Regards.
Sagar Kotak
13 September 2016 at 17:16
We are an Apartment Owners Association situated in Mumbai. One of our member i.e. a Condominium Apartment Owner has been defaulting in his payment of monthly maintenance charges since a long time inspite of issuance of Legal Notice by the Association. The Maharashtra Apartment Ownership Act 1970 is quite ambiguous with regards to the law & procedure pertaining to Recovery of Outstanding Dues from Apartment Owners (Unlike MCS ACT 1960 – U/s 101). May I be apprised by the respected learned counsels on the following subject issues:
1. What is the Legal remedy for Recovery of Outstanding dues from Apartment Owners and under what sections / laws ?
2. Which is the competent authority having the jurisdiction to adjudicate upon the said issue?
3. How much Court fees is required to be paid? (Tentative)
4. What is the procedure, in sequence, for initiating action against the Apartment Owner?
5. Any further valued opinion / guidance pertaining to the said issue is very much appreciated.
Awaiting the precious inputs of all the esteemed lawyers.
Warm Regards.
Sagar Kotak
17 September 2014 at 21:58
A) I am really confused with the meanings of synonymous looking legal terminologies.
If Someone could please clearly explain me the difference between the following Legal Terminologies :-
1.Sections
2.Articles
3.Orders
4.Rules
B)Also pls explain the fundamental difference between
1.An Act
2.A Statute
3.A Code.
How do each of the above differ from each other ?
Awaiting an early reply
Regards
Sagar A.Kotak
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Legal query - sec. 148 (3) of negotiable instruments act
Brief Facts of the Case:
We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.
The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-
"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"
My Query is as follows:
Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-
"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.
In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?
Thanking You In Advance.
Regards.