Manish Singh's Expert Profile

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Rahul says : legal query
'X' is a monthly tenant from the year 1974 in respect of 5110 sft non-residential premises in kolkata, West Bengal. The rent at the commencement of the tenancy was Re 1/- per sft ,i.e., the monthly rental was Rs. 5110/-. In 1991 'X' and the landlord mutually decided to increase the total rent to Rs. 11,000/- , i.e., by additional payment Rs. 5890/- nomenclatured as 'service charges'. Since then the 'X' has been paying Rs. 11,000/- per month. The Rent Control Act in West Bengal underwent changes in 1997. West bengal Tenancy Act 1956 was repealed and the the new Act, West Bengal Premises Tenancy Act 1997(ammenreded 2002) was enacted. The new Act set an outer limit (for rent) of Rs. 10,000/- for including a tenant under West Bengal Premises Tenancy Act 1997. My clarification are as follows: 1. Under which Act does the tenant presently come under? West Bengal Premises Tenancy Act 1997 or Transfer of Property Act or any other Act? 2. Assuming the tenant comes under Transfer of property Act: i) Can he be made liable to pay fair rental in the Courts. Market rentals have become as high as 100/- per sft in the building in which the tenant is situated. Is there any provision for fair rent revision under TP Act? What is the legal procedure for rent enhancement. Is a valuation report of an Court registered valuer required to be submited before the Court. ii) Can the lanlord file an ejectment suit under TP Act against the tenant by giving him 15 days notice without having any reasonable grounds?

SUKRIT KUMAR says : BOUNCING OF CHEQUE
Dear Friends Our firm is based in Agra, we had a business dealing with a firm based in Delhi. All the transactions were done in Agra i.e. supply of goods, receipt of payment by cheque. But, as our Bank is CBS, the cheque was deposited in party’s bank in New Delhi. The cheque was dishonoured and we filed a suite under section 138 & 420. In the last hearing at the time of arguments, the judge told us that the suite falls under Delhi’s jurisdiction, as the offence was committed in Delhi and he mentioned about a ruling of Supreme Court. Will appreciate, if some learned friend guides me, whether the suite is maintainable at Agra or not. Secondly, suppose it gets rejected at Agra, are we eligible to file a fresh suit in Delhi, as the suite is 4 years old, will we get the benefit of limitation or not,.( We mean that will the period of litigation in Agra court will be counted or not. Will be grateful, if some noble soul provides us any ruling of any High Court or Supreme Court,in this regard. Thanking you & with Best Regards . SUKRIT

Rajesh Singh says : Occupancy Certificate not obtained by the builder
Jai Ramjiki Thakkur Sahab, In one of the redevelopment society builder has constructed building wherein OC is not there and now he is forcing the society members to enter the building without OC by not paying rent what are the right of society members . Can mutually undertaking from builder in case of issue will be valid , if yes what all things are important for binding the builder so that he cannot turn up later and society has strong point to recover and punish him for voilating & floating with the law.Waiting for your reply.

Ms. Sumalata Vikram says : LAND FRAUD
I do have a query reg land fraud . Actually one of my client had purchased a site from a landlord through Land Developers with registered sale deed. i.e in 1995. Since then he has been paying tax regularly in his name and khata is in his name all pucca documents. In 2007 a third person who is in any way related to the client sold property by creating false POA (as if my client had given power of attorney to sell the site to that person by creating forge signature of my client) and got it registered. The above said transaction came to know to my client last year. Actually my client has changed residence in 2000 and also in the original sale deed which my client got registered in 1995, doesnot bear my clients signature and also in subregistrar office. My clent tried to give a complaint to the local police station but police denied and argued with my client that original sale deed doesnot bear the signature of my client and refused to take complaint and indeed asked to give the original sale deed to the police and they would look into it without booking any FIR. and my client put the fence and also a board bearing his ownership 2 years back. and gave a stay application to gram panchayat,tahasildar office not to transfer khata. Now my client wants his case to be settled faster. what is the solution. If he wants to cancel the forged sale deed then what is the easiest method. Do u have any judgements regarding such matter please let me know. My email id is sumalatasb@rediffmail.com. also total expenditure

Amit says : Juvenile Judgement
Me is having one query! kindly provide me the best advice. There is Case in India against juvenile. He was of 15 age during the incident now he was of 27 year. Lower court has punish him for 3 year special home. Now case was in session Court. Now the accused is completed study, he did M.B.A, 2 year software Engg. Diploma & now he is earning and having Manager in some industry even he is Married. Now let me know will he get any benefit because now he is not enter in special home what will the decision