arunkumark
13 April 2016 at 09:00
The illegal structure is built on cantonment land about 8 years ago and cantonment has sent the notice to the landlord 1 to 3 and also a tenant relative/advocate by profession at no 4 staying in the sane building.The landlord 1 to 3 along with tenant/ relative at no 4 approached the civil court for the stay against the cantonment authority to stop them to demolish the illegal structure.The illegal structure is a nuisance to the neighboring building for their through fare and also for passing the vehicle like ambulance/fire tenders etc. The matter is at hearing stage and the present situation is that the applicant at no 4(tenant/relative/Advocate)is expired a year ago and his wife is having property dispute with the landlord 1 to 3 of the suit property and not willing to cooperate with the claim/Defense of the landlord 1 to 3 that the illegal structure is existing since last 75 years and no one has objected for the same hence we have got the adhoc possession and now we are the owner of that land.Now after the death of the applicant at no 4 how his wife can enter into this case to bring the actual facts of the illegal structure.Is it possible to give her application in the same case stating about her husbands death and how he was wrongfully made a party against the cantonment board to fight a false case.We have already approached the cantonment board Advocate and narrated him the whole story about it. The experts are requested to give their opinion to smash this case which is on false ground. We have enough evidence like old photographs/neighbors ready to come and depose in the court. but how it is done legally to dismiss this case of the landlord 1 to 3.
arunkumark
23 February 2016 at 09:33
Assault case came up for hearing after a gap of 15 yrs.(ipc 326/324/504 etc state case.)four of the prosecution witness are dead and io is retired and not traceable also medical officer from govt hospital is also not traceable.Only the complainant and his wife is there to support the prosecution case.The complainant in his cross examination made some mistakes.He said that he was unconscious for 12 hours till 8 th august 2001 and after that his statement was recorded.But the statement date is 7 th august 2001 and it is also endorsed by mo that the pw1 was conscious at the time of his statement.He also says that there were 20/30 people present at the time of assault by iron rod 2 ft long on his head. The injury certificate mentions wound size 1x1x1 cm and not mentioned as grievous injury.He also said i was hit by iron rod which is 2 to 2.5 ft long from the distance of 2 ft. Technically it is not possible to hit on head from distance of 2 ft with 2 ft long rod.our hand itself is 2 ft long.He also said he was discharged from hospital on 9 th aug but the certificate shows date of discharge as 10 th aug.The pp on behalf of the state can say that this is the improvement of the prosecution story? or it gives advantage to the defence lawyer.I think it is very difficult to prove 326 ipc beyond reasonable doubt for the trial court.The prosecution witnesses mentioned in the fir also not supporting the prosecution story and one of them is already dead.Only hope of trial court judge using his discretionary power to punish the culprit.Please advise .
arunkumark
25 June 2015 at 12:50
In a criminal case filed by state of maharashtra in 2001 scheduled for the hearing in 2014.The jmfc court served the summons for the witness no 1/complainant in 2013. till today he is avoiding to appear in the court giving flimsy grounds and jmfc court is not taking any further steps for the same though requested several times. The court is also requested to call other witnesses to speed up and finish up the matter. In such case dismisal application is recomended or straight way approach high court under 384 for quashing the case?
Experts please advise.
arunkumark
18 December 2014 at 09:59
A resolution is passed to recover dues under 101 mcs act in managing committee is valid or you have to take approval in general body meeting.
The asst registrar has rejected the resolution taken by managing committee meeting saying u have take approval of general body to recover dues.pl advise.
arunkumark
17 December 2014 at 10:44
A complaint is filed with asst registrar under 101 mcs act for recovery of society mentainance .for recovery since 2006 the resolution was passed in the agm on 13.8.13 to recover the dues with 21 % interest and other legal expenses from the defaulter members.
the asst registrar has passed the order saying that the resolution is passed on 13.8.13 so u can recover dues pending after this date with interest.The dues pending prior to this date can not be charged 21% interest. The resolution can not have retrospective effect.My querry is whether we can go for revision of this decision on the ground that first default has created hence we have passed resoution for recovery of old dues.
please advise so that we can recover the dues with interest. otherwise the mcs act to recover dues has no meaning.
arunkumark
31 October 2014 at 11:49
The property located in maharashtra owned by my grandfather( mothers's father)is up for sale by my uncles.My mother died in 1991 and her father died in 1971.After that in 1971 my mother was emotionaly tortured and pressurised to sign some blank papers with a verbal promise that ur share will be given to u at the time of disposal of these 2 properties. Those blank papers with mothers signature were later submitted with the city survey officer and her name deleted as per her wish. No release deed was made or any compensation was given to my mother till today.The documents at city survey can be relied which are made/fabricated in the year 1973 ?.My mothers sisters are alive and they are ready to support me.What action i should take to stop them selling my mothers share.Is it possible to take a stay from local court and what is the juridiction.please advise.
arunkumark
13 October 2014 at 15:11
We are planning to buy a property owned by 5 members as per property extract provided by them (seller).We have already paid huge token amount and also signed mou with them. As per the procedure The advertisement was given in the news paper to finalise the deal and registration process etc.
Then We got a notice from the lawyer saying that his client is also the part owner of the said property as a sister of those 5 brothers whose name doesnot appears on the property documents.Those 5 brothers did not enter the name of thier sister saying she did not want her share so her name not included.The said sister is expired 20 years back and her son is claiming for this property and threatening us to file a criminal complaint as well as claim for the property making us also a party.We have already informed them that i am ready to compromise as i was in dark about your share, I can pay the amount of your share but he is saying he does not want to sale his mothers share.You can go ahead and buy other shares.The property partition is not done. Please advise wht are the consequences and how to come out of this.
arunkumark
23 September 2014 at 08:29
in a registered housing society a defaulter member is harassing the committee as the committee has filed 101 mcs act proceeding against him with the asst registrar for 8 years old dues.he is asking for few documents which are dated 2007 i.e 7 years old. As per the rule how long we can preserve the records of society and whether we can refuse to give that record saying the record is very old and is destroyed .The said member has applied for those documents under rti act to asst registrar. what is answer?
arunkumark
31 August 2014 at 10:31
A society has filed application under 101 mcs act for recovery of pending dues in august 2013. Now the defaulter member filed an application under rti to the registrar asking for some documents which are not related to recovery procedures.The matter is pending with asst registrar for last one year.Now The rti application is made only to delay the 101 proceding and harass the society to avoid paying dues with interest. The defaulter member is asking for some very old documents of the year 2005 since when he has stopped paying his maintenence. My querry is whether society can refuse to give those documents as 101 mcs act recovery procedure is pending against the applicant.Dear experts please advise in details.
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Police refused to take complaint under 498a after 15 yrs of marriage
There are certain amendments and change of procedures for filing a criminal complaint against the husband under 498a. The filing of 498a has to be within 7 yrs of marriage.But if the harassment to the woman is continued after 15 yrs of her marriage is it possible to file a complaint under 498a. The police are saying 498 a is not possible after 15 yrs of marriage.You have to file domestic violence in the court against your husband and inlaws.please advise.