Shaikh Zahid
14 October 2024 at 08:52
Dear Sir/Madam
I live in a co-operative Hsg. Soc located in Malad Mumbai
We have 2 gates in our society of First (main gate) is kept open for movement of residents and vehicles on a daily basis
There are only 2 gates in the building and this second gate (is kept locked) 24/7, and the society takes Rs. 1000/Month and allow 2 vehicles of type 4 wheeler to be parked in front of the second gate, Now due to this the gate gets fully blocked and if any Fire or emergency happens people cannot escape from the building using this gate, nor any Fire Brigade or Ambulance vehicle can get inside the building.
When I raised this concern, the managing committee says they have considered this and say they are in compliance with this and say we have the keys of the vehicles with us which can be moved.
My question is this allowed in the first place to block the second gate of the building with parked vehicles as no one know when Fire incident can happen,
What should I do if managing committee is not keeping the second gate free of any obstructions
It is the secretary of the society that is stubborn as he has parked 1 of his vehicles in front of the second gate and is defending his actions saying there are monetary benefits to the society in doing this
Please advice
Many Thanks
Mustafa Savai
09 October 2024 at 17:18
Can 4 brothers in which 1 brother will let go his share in the house property {standing in the name of Mother(expired)}. Later 2 brothers will pay the 3rd brother his share and get the property transferred on their name.
So should a release deed be made or a family settlement deed will be helpful.
bharat khatwani
06 October 2024 at 19:54
WHAT ARE CHALLENGES OF FILING CASE UNDER SECTION 211 OF IPC?
Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=936115Pl. check out legal opinion on baseless Legal notice and law and opine.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.aspa baseless legal notice itself, while not necessarily leading to a court case, can also be considered a misuse of the legal process if it’s meant to intimidate or harass the recipient.
When it comes to baseless legal notices, while there might not be specific case law focusing purely on legal notices as standalone documents, the broader principles of abuse of process, malicious prosecution, and frivolous claims can apply if a notice is sent with no legal basis. These notices often serve as a precursor to a potential lawsuit, and the intent behind them can bring them within the purview of judicial scrutiny.
Here are some concepts and case laws that touch on baseless claims or notices and their misuse:
1. Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2008) 6 SCC 431
Summary: In this case, the Supreme Court of India discussed the issue of abusive legal strategies, particularly involving frivolous claims and intimidation tactics through legal notices.
Ruling: The court condemned the use of legal notices that were primarily aimed at harassing the other party and making unreasonable demands without legal backing.
Significance: The ruling made it clear that even the issuance of baseless legal notices can lead to misuse of legal process charges if it can be proven that the intent was to harass or intimidate.
2. CIT vs. Anjum M.H. Ghaswala (2002) 1 SCC 633
Summary: In this case, the court examined the misuse of judicial or quasi-judicial powers through issuing notices that had no legal basis, discussing the potential abuse of process through administrative or legal notices.
Ruling: The court emphasized that notices issued without legal basis and with a malicious intent can be penalized. While this was a tax-related case, the principles apply broadly to the issuance of baseless legal notices.
Significance: This case establishes that even the issuance of a notice must be rooted in proper legal authority, and failure to do so could lead to sanctions or penalties.
3. Amritlal Goverdhan Lalan v. State of Gujarat (1999) 8 SCC 613
Summary: This case addressed harassment through legal notices in a property dispute where baseless and false claims were made in the legal notice to coerce the opposite party.
Ruling: The court criticized the practice of sending notices that have no factual or legal basis as a malicious tactic designed to pressure the other party into submission.
Significance: It serves as an example of the court condemning the practice of using legal notices as tools for harassment when they are not backed by legitimate claims.
4. GlaxoSmithKline Pharmaceuticals Ltd. v. Union of India (2014) 1 SCC 258
Summary: Although this case primarily dealt with commercial matters, the court discussed how legal notices with no proper legal foundation are often used as a strategic tool for harassment.
Ruling: The court pointed out that legal notices that serve no legitimate purpose and are not grounded in law can be considered an abuse of legal procedures, even if they don’t lead to immediate litigation.
Significance: This ruling shows that abusive or baseless notices can be sanctioned by the courts as a misuse of process.
5. Canara Bank v. N.G. Subbaraya Setty (2018) 16 SCC 228
Summary: The case dealt with harassment and frivolous demands made through notices, which were used to intimidate the recipient.
Ruling: The court strongly condemned the use of frivolous demands through legal notices and noted that such tactics could amount to an abuse of the legal system.
Significance: This case reaffirms that even if a case doesn’t make it to court, the misuse of legal notices can still be penalized.
6. Satish Kumar & Others v. Surinder Kumar & Others (2006) 2 SCC 367
Summary: The court addressed a situation where one party used a legal notice to make inflated and false claims regarding property ownership, attempting to coerce the other party into a settlement.
Ruling: The court dismissed the subsequent case based on these false claims and imposed costs on the party that sent the baseless legal notice and pursued the false claims.
Significance: This judgment underlines that sending a baseless legal notice with the intent to mislead or extract unreasonable demands can backfire if the notice escalates into a court case.
IPC Section 211:
If the baseless legal notice eventually leads to false criminal charges being filed against the recipient, the sender could potentially be prosecuted under Section 211 of the Indian Penal Code for false charges with intent to cause injury. This section penalizes individuals who institute criminal proceedings based on false information.
Conclusion:
While there may not be a significant number of reported cases solely dealing with baseless legal notices, courts have repeatedly emphasized that using legal notices to harass, intimidate, or extract unreasonable sums is unacceptable and can be treated as an abuse of legal process. If these notices lead to malicious litigation or unjustified demands, the parties responsible could face penalties, punitive costs, and even criminal prosecution under certain circumstances. WHAT ARE CHALLENGES OF FILING CASE UNDER SECTION 211 OF IPC?
Naveen
04 October 2024 at 22:54
Dear Sir,
I had purchased one DTCP approved property in my home town Nellore, Andhra Pradesh State. Below are the document flow details:
My document number is 5836 in 2018 (Tirupathi Naveen Kumar) purchased from
Mr. Pallam Harsha Vardhan Reddy who purchased the plot from the layout owner Mrs. Lasya REddy who acquired the land from her father Mr.Posimreddy Mallikarjun Reddy as a gift settlement deed.
At a later stage in the year 2019, Mr.Posimreddy Mallikarjun Reddy used his mother document of claiming the land survey numbers belongs to him and given GPA Cum Sale Deed to Mr. Marella Janardhan in 2019, inturn sold to another party Mrs. Aluru Sailaja Reddy in2019.
He had created a parallel documnets to the same property. Attaching the Encumbrance and further document flow explanation document.
Now, the latest person who got registered has realised and ready to support us to cancel the document.
Do we settle the same through court of law or any other way?
Please suggest the way forward.
Thank you,
Naveen Kumar.T
Nellore
Prashant Taneja
02 October 2024 at 10:26
Sir, a Rectification Deed was executed to correct mistakes in a my Sale Deed. Can such a Rectification Deed be cancelled by a Cancellation Deed (executed bilaterally by both the parties). Does law permit registration of such a Cancellation Deed.
Anonymous
01 October 2024 at 04:58
Hi Team,
Background -
got married in India 14 years back
husband owns a property (Single ownership)
Have a girl child (12 yrs old)
Moved as couple to Australia (Permanent Resident)
Got divorced in Australia - Decree given by Australian court (Amicably settled)
Guy has decided to move on and get married again.
How can the guy secure the property owned in India.
Is there a will to be made and if yes how to proceed
Anonymous
30 September 2024 at 07:44
Met in person and paid Consulting fees as well but it resulted in diverse opinions so please help answer below queries?
1) On earlier occasions we tenant's matter against notorious landlords was dealt with by Bombay High Court resulting in Consent Terms in 2013. Landlords severely and deliberately defaulted and 1) Altered floor plan for my tenament from 1 BHK to 1 RK with toilet in the kitchen and 2) Reduced the carpet area from 330 sqft to 300 sqft which is not acceptable to us.
besides delaying the redevelopment work for by 8 years.
While one advocate opined to file A) Claim in City Civil Court (Not in the High Court) & B) Criminal Case in Magistrate's Court for Cheating, Fraud and murder threats as Police due corruption registered mere NC and not FIR
Other advocate suggested to file 1) Case with RERA and 2) Criminal Case in Magistrate's Court.
Kindly suggest correct way and clear doubts.
TIA.
Akshit Mehta
26 September 2024 at 17:11
Recently one of my customers got his flat registered and the builder mentioned the DD date in registry as the date when he recorded the date in his books and not as per the date of DD mentioned on the draft and is now adamant that he has been doing so for all the registry in the project and is now refusing for correction deed demanding for the legal provision which says that date of DD mentioned in registry should be same as the date of DD. If anyone has any provision copy that can support my claim regarding the mistake made by builder please help me with same. Thanks in advance.
bharat khatwani
26 September 2024 at 09:11
I am seeking your insights and advice regarding an ongoing dispute with my tenant, legal notice sent by him, which I believe contains inflated and
baseless claims.This notice do not have usual para about intent of legal action in case of non compliance. Here’s a brief overview of the situation to provide context:
Background:
I own the property located in Ahmedabad,Gujarat, where he has been
a tenant since 1978.. Recently, he sent a legal notice demanding an amount equivalent to 150 years' rent, largely based on an alleged 24-year-old oral
agreement with my late father concerning repairs and renovations. Notably, he has not raised these issues during the last 24 years.Moreover, the tenant has attempted to escalate the situation by threatening that if I do not carry out significant repairs, I could be held liable for any
accidents that may occur on the property. This threat appears to be an intimidation tactic designed to coerce compliance with his excessive demands.
The notice lacks supporting documentation and fails to mention any legal clause for non-compliance. In good faith, I responded despite the deficiencies
and inconsistencies in his claims.
Key Points of Concern:
Harassment through False Claims: The legal notice includes unsubstantiated demands based on a time-barred agreement that cannot be enforced under the Limitation Act, 1963.
Rent Act Violations: The tenant has claimed unauthorized repairs and has made false assertions about regular rent payments, despite evidence showing multiple defaults over the past four years.
Coercive Tactics: The threats regarding liability for accidents seem designed to intimidate and pressure me into compliance.
Legal Action:
In light of these circumstances, I am in the process of formally terminating the tenancy. I plan to send a termination notice highlighting the breaches
and requesting the tenant to vacate the premises within 60 days. The notice will also address unauthorized constructions and the requirement to settle outstanding bills before vacating.
Questions for the Community:
Based on the described circumstances, do you believe the tenant's claims can be classified as harassment?
What legal remedies should I consider pursuing against these baseless demands and threats?
Would it be advisable to file a counterclaim for harassment or seek a declaratory judgment regarding the tenancy termination?
I appreciate any guidance or insights you can offer regarding my legal rights and options moving forward.
Thank you for your assistance! P.S. I have provided all relevant documents to a local advocate and will be meeting with them next week. Before this meeting, I want to gather diverse perspectives and insights from advocates in the community. Your feedback will help me better
understand my legal options and prepare effectively for my discussion. Thank you for your input!
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Can a witness give spa to his relative for giving evidence?
Hello sir,
I have a case going against legal heirs of my tenant who made fake papers of my shop and claim themselves as owners.
There are total 5 defendants, 1 wife, 2 son, 3 daughters.
Two of the daughters give SPA (Special power of attorney )to 3rd daughter's husband to give evidance and cross on behalf of them.
Is it legal ? What law says ?
Please help.
Thanks