shoaib
13 January 2018 at 20:33
Sir,
I am appearing on behalf of accused in complaint u/s. 138 of NI Act. The examination in chief and cross examination of the complainant is over. I have put one question to the complainant about his quit notice sated 07.01.16 sent to the accused( which he has mentioned in his complaint but not produced on record) that whether he has filed the alleged notice on record, which he said no. further questioned that can you assign any reason as to why you have not filed the same- he said no. and therefore made suggestion that as you have not sent the alleged notice and therefore not filed on record, which he denied.
The counsel for the complainant thereafter filed the said notice dated 07.01.16 on record and thereafter filed application for permission for allow the complainant to be recalled and lead additional evidence on the point of notice dated 07.01.16. In his application he stated that as the counsel for the accused in his cross examination put question about notice dated 07.01.16, therefore he be permitted to recall the complainant for additional evidence, which i objected as the complainant cannot be permitted to fill up the lacuna also not permitted by the law. As the complainant in his complaint also mentioned about the said notice dated 07.01.16 . The trial court allowed the said application of the complainant with cost and permitted the complainant to be recalled for additional evidence on the point of said notice dated. 07.01.16.
Now, my query is I require the judgments on the said point as the trial judge has committed an error. Further suggestion is required whether the said order can be challenged before District Judge in revision or should i file Writ Petition before the High Court.
shoaib
09 July 2015 at 12:51
Sir,
An application has been filed by the applicant u/s. 11 of Arbitration & Conciliation Act 1996 before the High Court for appointment of Arbitrator.
Facts of the Case:
The applicant is a building contractor and there was a work contract between him and our company for construction of building. Work done by contractor and submitted his final bill which accordingly measured in presence of contractor and bears signature on joint measurement as per which payment certification form was derived for certain amount which us to be payable by us. The same has been accepted by the applicant. On the basis of same a cheque was made by us on that amount. But, thereafter the applicant disputes that amount and made false and tall claims.
Our main defense is that there is no dispute at all as the applicant already accepted the amount on payment certification form by way of his signature over same. Hence, the petition is devoid of any substance and therefore it be rejected.
Kindly guide and provide some rulings in my favour.
Regards
Adv. S.A. Khan
shoaib
18 March 2014 at 21:21
Sir,
In my case, a complainant in private criminal complaint has arrayed 3 employee of a company an accused No. 3, 4 & 5 with company as accused no. 1 & 2. The Judicial Magistrate issued process against all the alleged accused u/s. 3,4 & 13 of MOFA 1963.
The main contention of the complainant is that the accused No. 1 & 2 is a builder, who after receiving 100% of the amount towards the booked flat has not executed & registered agreement in his favour as per Maharashtra Ownership of Flats Act 1963.
The complainant by way of written request and legal notice called upon the alleged accused No. 1 & 2 i.e. from company to cancel the booking of flat as per terms and condition and refund the amount to complainant.
Before receiving the summons of Judicial Magistrate, the company acted on the request of the complainant to cancel the booking and refunded the amount as per terms and condition of booking application form which was agreed and signed by the complainant. The complainant encashed the amount refunded to him by company. Even after receiving the amount, continued the complaint to be prosecuted against all the accused which is abuse of process of law.
Secondly, can a employee be arrayed as an accused. They had no role with the instant alleged offence as they are just the employees and falsely arrayed as accused.
Kindly requested to provide ruling in favour of the present case
i.e. 1. after receiving amount the continuance of complaint is abuse of process of law.
2. The complainant by written request and notice asked the company to cancel the booking and refund the amount which accordingly done by the company. Hence no question arises for execution and registration of agreement.
3. The employee cannot be arrayed as an accused as they had not acted anything in their personal capacity and the entire allegations in the complaint and in legal notices are against the company.
4. The employee does not come within the definition of developer as per MOFA 1963. Hence cannot be prosecuted.
shoaib
09 January 2014 at 20:52
Sir,
If a builder of Nagpur execute deed of declaration as per Maharashtra Apartment Ownership Act 1970 whether it(builder) will be governed by MOFA 1963.
As in case of Ownership Flat Act, there will be registration of co-op society or Pvt. Ltd Company as contemplated under section 10 of MOF Act and in case of Apartment Ownership Act declaration is required to be made in prescribed form before the Magistrate as required under the Act.
In MOFA 1963 builder is required to execute agreement with purchaser and sale deed in favour of society whereas in case of MAOA 1970 both agreement and sale deed in favour of purchaser is required to be executed and registered.
So when the builder of Rural Nagpur(Maharashtra) has registered DOD as per MAOA 1970 whether MOFA 1963 is applicable in him? kindly guide with judicial pronouncement.
shoaib
06 March 2013 at 11:02
Sir,
Can a sale-deed be executed and registered on structure i.e. Only structure is built and seller undertakes to complete the structure and handover the possession of same after completion of building. Please guide with provision of law
shoaib
05 February 2013 at 15:23
Sir,
Please provide me the provision regarding VAT like whose liability is to pay VAT on Purchase of Flat. Whether builder has collection power. Whether it is the liability of the buyer to pay VAT. Please provide detail provisions with sections legal requirements
shoaib
09 October 2012 at 21:09
Whether there is any provision in Consumer Protection Act to amend the Complaint filed under section 12 of the Act. Please provide and guide any judgment related to Amendment of Complaint- Forum has no such power and there is no provision in Consumer Protection Act.
shoaib
02 October 2012 at 14:18
My client is residing at rented premises and having no gas connection of his own. Landlord has given him gas for time being. He in the month of July 2012 approached gas agency to book new gas connection without stove. Gas Distributor refuses to book new gas connection without stove and said he has to buy gas stove as it is mandate without that new connection could not be issue. A complaint to this effect has been made to HPCL in which reference of MRTPC notification is given. As per that customer is at liberty to buy stove from market but same should be of ISI standard. Thereafter HPCL replied that as he dont want gas stove an inspection to the premises will be carried out where he requires connection. Further they replied and refused to lot new gas connection on the ground that as the premises already contained gas connection an additional connection could not be allotted. Kindly do note that at the time of inspection he has given declaration that he dont possess gas connection in his name and the connection found belonged to the landlord. They on humanitarian ground given him for use for time being. Kindly guide to prepare consumer complaint.
shoaib
25 May 2012 at 17:33
If any person already had own residential house booked another flat for investment purpose with any builder on installment basis. On his defaults in paying monthly installments the said booking of flat was cancelled by the builder. The aggrieved person filed dispute before consumer forum on various grounds of deficiency in service also unfair trade practice etc. with prayer of revival of flat in the alternative refund of amount with interest. My query is whether he is a consumer? As he already had 1 flat of his own and booked the flat in question for investment purpose. Whether he can claim relief by way of filing consumer dispute? Whether he comes within the purview of consumer when he booked the flat in question for business or for investment purpose.
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Extension of time u/s 29A of Arbitration& Conciliation Act
Sir,
High Court u/s. 11 of Arbitration & Conciliation Act 1996 referred the dispute to Arbitrator. Even After lapse of 3 years from the reference proceeding before the Arbitrator has not been commenced. Now, after 3 years the learned Arbitrator issued notice and called upon the parties to participate in the proceeding. I had objected the same being delayed. Therefore, the claimant has moved application before High Court for extension of time u/s. 29A of the said Act.
Whether the same is maintainable kindly guide with caselaws.
Regards
Adv. S.A.Khan