LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nishi Hetu   28 July 2021 at 15:02

Attending meetings in co op hsg society by a proxy in gujara

Dear sir/ madam,

Is there any provision to attend meetings by a proxy in co op hsg society in Gujarat?? If yes , on what grounds and how much time a proxy can attend the meetings with a written P.O.A , where a property owner has been advised that not to attend meetings for medical grounds

Anonymous   27 July 2021 at 20:18

Validity of promissory note

Dear experts,

A person has taken loan from his friends and wrote promissory notes for the same.
He passed away recently.
1. Is there a time limit before which lenders should send legal notice to the legal heirs to repay the debts?
2. Is there an expiration date for Promissory notes(assume they are dated 21/08/2020)?
3. What happens if the legal heirs transfer the properties to someone else before the lenders could send the legal notice?

Anonymous   26 July 2021 at 08:37

Cooperative housing society pune pcmc0damage by third party

I am owner of a flat in Pune -PCMC. When I moved in to my flat, I used service of a movers and packers company.
In the entry gate, I approved the entry of the truck for unloading on my flat as the rule in almost any society.
After the truck unloaded my household items, while returning, the truck damaged a portion of the society gate.
The security could not stop the truck at that moment.
The the society management is of the view that I should pay for the gate repair.
Whereas I believe, the accident was done by a third party, and society if required should file case on the truck driver. Many third party delivery boys or service professionals keep coming inside the society. If someone indulges in some accident or criminal activity within the society without the knowledge of the flat owner, is the flat owner liable to such damages?

Anonymous   25 July 2021 at 00:35

Police intervention in civil cases

Dear Experts,

I would like to let you know that I have filed the following civil cases as my father and my brother had cheated me of my hard earned money.
1. O.S No. 21/2018 District Court
2. O.S No. 192/2018 Additional Sub Court
3. O.S No. 163/2018 Sub Court
4. O.S No. 298/2018 Additional Sub Court

Honorable district court has granted my request and issued injunction against sale of our ancestral properties.
My father was thus forced into environment where he couldn’t sell the ancestral properties for his extravagant expenses.
He tried to intimidate me through the police for not being able to face the civil cases in the courts. I was told that my father has lodged a complaint claiming the maintenance and i need to appear for interrogation. Police SI and other officer were harassing me by contacting me on the phone every day. I was deeply disturbed by the series of crises they brought on a daily basis.
According to reliable sources i got information that my father was trying to get some confessions from me by force with the intention of annihilating my civil cases with the help of some well bonded police officers in police station.

I filed a OP in the high court regarding the police harassments and intervention in civil cases. Also i wrote a petition to the CM cell.
Responding to the CM cell petition the police assured that they would not interfere in civil cases and would not accept my father's fabricated cases.
Police harassment was some what mitigated due to the high court OP and CM cell petition.

The high court has recently directed the District Registrar to inquire my father's fraudulent registrations. In response to this he is again intimidating me through the police. They threaten me saying that they will take action under maintenance act if i don't allow to sell the properties.

In response i questioned below:

1.whether a father could claim care from his expelled.

2.Whether a father who enjoys income of nearly 40 acres of land could claim maintenance.

3.Whether a father could claim care from his unemployed son.

4.Whether a father could claim maintenance from his son who has filed money laundering cases against him.

Police refused to accept my argument and ordered me to appear for interrogation by next week.

Can the police take action against me dismissing the above arguments?
How to deal with the police interrogation?

looking forward for experts advise.

Bineet Singh   24 July 2021 at 23:15

Reopening of a case disposed with reason dismissed on merits

Hi Sir/Ma'am,

My father had filed a case in Allahabad High Court, against a party(Truck owner, A Company and the truck driver), in an accident case, which made him a physically handicapped person(under FIRST APPEAL FROM ORDER, MVA). But since the case was filed, the party seems to bribe our 3 subsequent lawyers. Due to which they kept on being absent on the dates of hearing. They also submitted only partial documents. In a word, they intentionally screwed up the case.

Due to which the Hon. Judge of Allahabad High court, disposed off the case(Nature of Disposal: Dismissed on Merits).

I was planning to file the case online, in Allahabad High court.

How can I get the case to reinstated. And is it possible to file the case online, without involving an advocate(I am planning hire an advocate, once the case is filed)

Thanks & Regards,
Bineet

at your mercy   24 July 2021 at 12:21

Original deed and patta not traceable

Learned advocates namasthe.
My brother has suddenly died. his property (Dry land) original deed & Patta book could not be traced.
In Tamilnadu Registrar and Revenue records are clear. No encumbrance and patta is in his name as on today official records. Dry land Taxes are paid upto date
Now the legal heirs want to sell.
Please advise legal procedures

Anonymous   24 July 2021 at 11:54

Property rights of a children born to first husband

Mr A after the demise of his first wife he got married another woman B (60 years) the widow of C who was having already two male children settled in different counters. After the Marriage Mr A purchased property in the name of his second wife as his wife. Subsequently she died. The Children born to her first husband claims the property of their mother who her second husband purchased. whether is it permissible

Viren   24 July 2021 at 10:11

E challan under motor vehicle act

Dear Sir/Madam

I got one E-Challan , As per challan photo , my car is being shown standing ahead of Zebra line
but the Fact is that to obey the traffic rule , I stop my car Immediately on light being Yellow and I could not take it back behind Zebra line as it is unsafe. .

So can you please suggest whether I should go to appeal my case or deposit the challan .

Regards
Virendra

Sunil Kulshrestha   22 July 2021 at 13:05

Farmers from other states can buy farmland in gujarat ?

I inherited farmland from my ancestors & now own my agricultural land in UP, I would like to buy agricultural land in Ahmedabad-Gujarat. But I am told that only Gujarati farmers having their farmland in Gujarat can buy Farmland in Gujarat. I have read Gujarat Highcourt orders of 2012 but still, it seems Gujarat Government is not allowing farmers from other states to buy land in Gujarat. Please suggest.

Anonymous   20 July 2021 at 23:30

Resjudicata - framing of issues

In a Mundkar Case where I am an opponent appearing in person, I moved an application under O XIV sub rule 5 of Rule 1 of CPC to frame 17 issues that arise out of the pleadings. The Applicant contested and asked to frame only one issue "Whether she is a Munkdar of our property or not". The Joint Mamlatdar framed only one issue "Whether she is a Mundkar of our property or not". The Joint Mamlatdar did not pass a judgment/order for not framing the issues I applied for but only frame the said issue. Therefore I moved another application under O XIV Rule 5 of CPC asking to frame additional issues listing the same 17 issues. The Mamlatdar passed order that my Application under O XIV Rule 5 of CPC is bared under Resjudicata. My point is that the Joint Mamlatdar did not pass order rejecting my application to frame issues, but framed only one issue. That I had another remedy of O XIV R 5 I moved an application to frame additional issues the same 17 issues. Is there a remedy under any law to challenge this Order. Thank you for your opinion and guidance.