Dinesh Kandpal
29 April 2015 at 02:02
Dear Sir, we are a project with 2 societies in one plot of land, wherein one society A is managed by society themselves and other society B is still with builder due to incomplete project. With lot of hardship, we have managed to make builder pay penalty for regularisation of society A, but now after regularisation of construction whoch was done without CC, society A has put in an objection with BMC to not allow builder to use premium FSI to take CC for pending construction of Society A and B both, so now what can society B do to get CC for pending construction without NOC of society A? Pls guide!
IK
09 May 2012 at 11:47
To
Advocate.
Dear Sir,
I am Mr. Khan residing at Bangalore City and respectful citizen of India. I have some queries and require a legal advice from you. It would be highly appreciated in this regards.
Matter:
The Boy (Muslim) was student in 12th std in a boy’s college and very popular sportsman in the college. His birth year is 1984. In the year 2003/04, the boy (Muslim) used to go to tuitions for 12th Science Subjects. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college.
The Boy family background is good. His father is well respected Educationist, local Politician and Mother is also Professor. They resided in a good area in Bangalore.
The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.
During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends.
The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her.
Once, she told to him that her father use to beat and hit her always. We came to know because of the girl character her dad use to beat her.
She started asking financial help, like some money with the Muslim Boy. He gave some money without knowing his parents. Once he tried to avoid, but again and again with flattering talks she used to approach him.
Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him.
One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses.
The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her. Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma.
She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally. They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.
Later on, the Hindu Girl started blackmailing him to run away from their homes. She told him to get money. He used to give her some money he gets from monthly pocket money.
Unbearable she forced the Boy to take a separate home for her. Because her father always beats her. So, he paid some money to her. She taken a Room in her Name.
Then she told that she is not able to stay without him or else she shall trouble him and told that she will trouble his younger brother. Now the Boy got scared to inform the parents. So, he ran away from his home. He taken a bike on loan, and use to work in telecom marketing office. His opened Bank account for his salary purpose. He discontinued his studies.
Now the Boy’s parents came to know all abouts. They tried to convince but because of pressure from her, the boy was afraid to get rid.
But the Girl’s Mother use to go to her rented home and was trying to give trouble to the Boy. Also she use to make plans to give trouble to his parents and sweet brother. The girl use to fight continuously with him.
But after sometime, the Boy realize that he is not going in proper direction and there is nothing to get afraid of anybody. So, he decided finally and rejoin with his parents. And after this there is no communication with anyone.
This is how it happened.
The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies.
Now the Case,
1. After longtime, Once the Girl and her Mother called the boy’s father and demanded money. The boy’s father immediately given a police complaint in local police station.
2. Also once she and with someone came to our office and demanded money. Again we given a complaint in the local police station of our office area.
3. Then, She given a complaint stating that the Boy use to hit her and the Boy’s Father, Mother and younger Brother(of 16 years) use to threatened her for Dowry and life threaten.
3. She made a complaint addressing to Police Commissioner and it was forwarded to police jurisdiction where our Office was located. A police constable came & met the boy’s father and he came to know the facts about these incidents.
4. But suddenly, they Registered a Complaint in the other Police station where her parents resided. Not the area where she was living, the address of the girl in complaint doesn’t belong to that police jurisdiction but it belongs to her parents home locality. The Police without investigating registered the FIR. Now they put pressure on the police to arrest the Parents. The boy’s parents taken Bail and was attending the Court.
5. The Police have registered as 498A, 506B under DP Act in year 2006.
They have mentioned some witnesses like her mother, brother, some unknown persons also for creating the complaint.
6. In starting complaint she puts her name Bhavani alias Tahseen (Muslim name). It looks like she got converted to Muslim. Its confused
7. The Boy’s Name as Imran alias Rajesh (Hindu name). Its looks like the boy converted to hindu. Its confused. [Anyone must convert the religion legally to get married, not inter-change].
8. They Boy didn’t legally converted his religion at all. Even the Girl didn’t legally converted her religion. No Proof of conversion.
9. She stated they are married as per Hindu Rituals. Photos in Temple taken. But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority.
10. The Age of Boy was 18 years and the Age of Girl was 18 year also. But as per the legal age to married the Boy must be 21 years.
11. But the Police registered as Dowry only seeing the photos.
The materials the Girl is having is:
a) Photos taken in the Temple
b) Photos taken outside.
c) Bank Passbook of the Boy with his Original muslim name
d) Bike loan paper of the Boy with his Original muslim name
e) Rental Agreement but in the Girl’s name.
To the Court, She only submitted the Photos taken in the Temple not others.
Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. Complaint Registered in the other Police station where her parents resided. Not the area where she was living, the address of the girl in complaint doesn’t belong to that police jurisdiction but it belongs to her parents home locality.
6. Never the parents asked for anything.
7. Little different from the first complaint to police commissioner.
8. No religious conversion taken place on both sides.
* * * * * * * * * * * * * * * * *
Kindly provide your legal opinion with this regards.
(i) Can this case stand valid?
(ii) On what ground can this case will be remove or invalid?
(iii) What are the terms, this case can be invalid?
(iv) Are they any judgements or citations. Please provide.
Sir, this is a sincere request with your kindness. Please help us with the above details.
Thank You
Namitabh Kothari (9930992660)
24 January 2011 at 21:24
Friends,
I have few issues on legal points.
The landlord has filed the suit for eviction.
The trial court dismissed the suit.
The Landlord files Appeal.
During the Appeal, he has made amendments of the plaint and brings new grounds for getting the possession of the premises. Evidence is led by the landlord and he is cross-examined by the tenant on the new grounds.
The Appeal is still pending during all this time.
During this time of the Appeal, the tenant dies.
Though the Legal heirs of the tenant are issued notices and they are served, they appear before the Appeal Court and the Appeal is heard finally after.
however, the Landlord has not amended the Title of the Appeal and it still remains against the dead tenant.
Now, the Appeal has reversed the judgement and decreed the suit.
However, the name in the title of the suit is still not changed and the order of eviction is passed against the dead tenant.
So, can the decree be passed against the dead tenant as his name is still on the title of the plaint and Appeal?
and also, can such a decree be obstructed or executed against the LR of the dead tenant?
Not amending the title of the Plaint and Appeal is just an irregularity which can be corrected or because of this defect, the Appeal should fail?
So, I am just wondering whether the Appeal Court has done injustice to the tenant by such amendment.
Looking forward to your valuable guidance.
regards
Namitabh
9930 992 660
Namitabh Kothari (9930992660)
24 January 2011 at 21:23
Friends,
I have few issues on legal points.
The landlord has filed the suit for eviction.
The trial court dismissed the suit.
The Landlord files Appeal.
During the Appeal, he has made amendments of the plaint and brings new grounds for getting the possession of the premises. Evidence is led by the landlord and he is cross-examined by the tenant on the new grounds.
The Appeal is still pending during all this time.
During this time of the Appeal, the tenant dies.
Though the Legal heirs of the tenant are issued notices and they are served, they appear before the Appeal Court and the Appeal is heard finally after.
however, the Landlord has not amended the Title of the Appeal and it still remains against the dead tenant.
Now, the Appeal has reversed the judgement and decreed the suit.
However, the name in the title of the suit is still not changed and the order of eviction is passed against the dead tenant.
So, can the decree be passed against the dead tenant as his name is still on the title of the plaint and Appeal?
and also, can such a decree be obstructed by or executed against the LR of the dead tenant?
Not amending the title of the Plaint and Appeal is just an irregularity which can be corrected or because of this defect, the Appeal should fail?
So, I am just wondering whether the Appeal Court has done injustice to the tenant by such amendment.
Looking forward to your valuable guidance.
regards
Namitabh
9930 992 660
Namitabh Kothari (9930992660)
06 January 2011 at 22:58
Dear friends,
What is the next legal option available and/or the step to be adopted after the Appeal against my clients is allowed ?
The matter is under tenancy laws.
The suit by the Landlord was dismissed by the Trial Court.
The Appeal Court reversed the Dismissal judgement and decreed the suit and ordered the eviction of the tenant.
What is the legal remedy available now ?
2nd Appeal ?
Writ Petition ?
or something else like Appeal from Order?
Please reply urgently and asap.
regards
Nami
9930 992 660
Namitabh Kothari (9930992660)
27 October 2010 at 01:26
Friends,
I need your guidance and advice.
whether at the time of filing of a complaint under DV Act on behalf of a wife, Verification is required?
What is required in verification ? Complainant required to state the complaint word by word or something else?
Do we need to give any verification statement?
What is exactly verification statement ?
does anyone has a draft of verification statement in such complaint, then please share with me.
regards
Namitabh Kothari (9930992660)
16 August 2010 at 11:12
Dear all,
I have a client who has just go a small funding from investors.
He will probably start with authorized capital of 1lakh or 2lakh or so.
He has to give 1.5% equity to a contractor on a vested basis of 2.5 years. But this 1.5% is to be off the post-debenture maturity value of the company. Not the starting 1 lakh.
The debentures mature after 1 year. When he has to issue shares to the convertible debenture holders.
So how do we go about legally making sure that the contractor gets 1.5% of the post-debenture-maturity value and not the current value?
What type of agreement / document would be required to be prepared to handle the above situation?
regards
Namitabh
namitabh.law@gmail.com
9930 992 660
Namitabh Kothari (9930992660)
16 August 2010 at 11:09
Dear all,
I have a client who has just go a small funding from investors.
He will probably start with authorized capital of 1lakh or 2lakh or so.
He has to give 1.5% equity to a contractor on a vested basis of 2.5 years. But this 1.5% is to be off the post-debenture maturity value of the company. Not the starting 1 lakh.
The debentures mature after 1 year. When he has to issue shares to the convertible debenture holders.
So how do we go about legally making sure that the contractor gets 1.5% of the post-debenture-maturity value and not the current value?
What type of agreement / document would be required to be prepared to handle the above situation?
regards
Namitabh
namitabh.law@gmail.com
9930 992 660
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Procedure to take action against mcgm - mumbai for not acting on proposal
Sirs,
We had given an application and proposal to MCGM,K west - Andheri West, Mumbai for installing street lights on November,2013. Its a social cause and related to general public, multiple reminders and visits been made to officers concerned for the same and asked/written to all appropriate authorities till the rank of Additional Municipal Commissioner - MCGM. No any action, all went in vain.
Nothing been working out due to MCGM employees lax attitude towards basic concern. Even we had provided them with the Map of the location where street lights are required and said road comes under MCGM.
Is there any Constitutional Law which can used to remind that its their duty to expedite the requirement of common people.
Would request all the experts to advice us on the above mentioned.
Regards,
Ashok P