Anonymous
14 July 2022 at 03:06
Our Housing Society in Mumbai negotiated and signed MOU with a Developer (a Pvt Ltd Comoany) for Redevelopment of our Society blogs. At the time of signing the Development Agreement, the Developer wanted the Society to sign the DA with its Wholly owned subsidiary, another Pvt.Ltd. company. Over the years this Wholly owned subsidiary has failed to honor its commitments as per DA like paying Corpus Fund, Compensation for Temporary Alternate Accommodation, Penalty for delayed possession etc. They are also not following certain clauses detrimental to the interests of the Society members. They say they are in financial difficulties. What are the responsibilities of the Holding Company under such circumstances and what action the Society can take against the Holding Company?
Puneet
12 August 2014 at 13:32
Hi - I need help please. I live in Mumbai and was recently cheated by a Mr X.
Mr.X sold me a car which was hypothicated to a bank since he had got admission to a university abroad and had to leave in short notice.
I paid him a 50% advance and he left the car with me saying he will clear the bank loan in the next 2 weeks or so. He also signed the transfer forms.
Mr.X then disappeared and a few months later the bank contacted me for the car.
They took the car from me and auctioned it. Since I had already paid 50% to Mr.X I participated in the auction and ended up buying the car by beating the highest bidder. In effect I ended up paying more than what I had originally agreed to buy the car for.
Now, how can I recover the 50% advance I paid Mr X? Everybody says it is pointless going to court as it will take me a lifetime to get relief from court. He has moved from Mumbai to Gurgaon and refuses to answer my calls or reply to my emails or messages. I have old emails that we have exchanged to confirm the above facts.
Please help.
Thanks in advance
Puneet
malasunder
10 July 2014 at 09:57
Respected Experts,
As per HC Orders dated November 2013, The registrar was directer to list my case for final hearing within 6 months after getting the pleadings ready. However the Appellant delayed the pleadings form getting ready, eventually after mentioning the matter in open court the pleadings got ready and the matter was listed for final hearing. But on that date the court time expired before our case number was called, and the judge verbally said all pending cases will be listed for Tuesday next week.. This happened 3 weeks ago.
After that there has been a shuffle in the HC judges sitting arrangements. But my case has not been in any of the daily cause list till today.
My question is should we mention again in Open court? OR should we give a letter to the registrar? My advocate says we just have to wait because the new judge is not accepting our case. I think what my leagl adviser is saying is incorrect.
PLEASE HELP.
Averlcs
10 July 2014 at 09:16
Dear Sir,
My marriage happened in may 2010, we blessed child in 2011, in 2012 at the time of second pregnancy check-up, my wife diagnosed with HIV, advance stage, after several advance test doctors confirmed me and kid are safe, in that we came to know her father died with AIDS and her mother also suffering, after several months she ran out from home with cash, gold along with KID, after few days we traced her and requested for come back, she filed case against me and those are not stand in police station after enquiry, she and her family asked money for divorce and kid, I have agreed initially, but their number started increasing day by day, hence I moved court of the law, filing child custody and divorce, after hearing and arguments finally they asked court confidential report on my HIV status, it came on April 2013, judge got transferred, we moved additional judge and after hearing he reserve the orders, again family court judge came and again he started from first, after written and oral arguments, they asked evidence on my confidential report, as directed by court, AIDS control board, doctors and lab technicians, directors who involved in my report came and give the evidence with their internal and external records, and judge confirmed I am not infected and she is not get the HIV from me, then we have reuested interim custody of child, he agreed he will close child custody and divorce in next date, as we already filed the cross petition for divorce on year back.
But he simple giving dates without considering anything, when I have requested he is getting angry and saying he know how HIV will come, what needs to be done,
I am losing my happiness, emotions with kids, I am just 31 years old now, how many years I want to fight for this, please suggest me on which bases I can close this and get out of the situation.
Rajesh
09 July 2014 at 10:50
my friend is a married women and from last couple of years she is fighting DV case against her husband and in-laws. Finally after one year court has given protection order in favor of her and it was also mentioned that the husband or in-laws could not disturb her via any electronic media also. But after some time, she starts getting threating calls from her husband and father in law for dropping the case against them and give them a consent divorce. She is facing hard time due to these issues and she has already changed her phone number several times, but still of no use. She has filled a lot of complaints regarding the same to the nearest police station and police just provide her DD number, but never proceed to take some hard step against them. One of the probable reason is that the in-laws belong to Police departments and thus putting a pressure on the local police for not taking any action on such complaints. After facing such harassment continuously for one year, she has gone to police station with the locals and then in such pressure police has registered a case u/s 354.
Now, question is even after such FIR, the husband is still continuing the threatening calls and indecent sms and now when she complaint to police that it is still going on, the police is saying that they have registered a FIR and investigation is going on. Now they are not taking any further complaint on this issue and told her that there are legal issues which takes its own time.
In the protection order, it was mentioned that police could arrest the husband under DV act which is non-bailable , but since the accused belongs to police fraternity ,they are not willing to register such case against them.
Now, just recently when she pushes the investigation officer for some action, the IO is stating that she should submit her mobile to them, and this will be returned to her only after closing of case. But they are not doing any seizure of mobile of her husband who is still continuously harassing her on phone.
Could you guide to handle this issue, so that the husband could be stopped from harassing her and what are the options available to her to stop this mental torture to her.
Deshpande Makarand R
09 July 2014 at 09:53
I have entered into an sale agreement with a builder to buy a flat.
There are 2 mistakes/typo errors on the main stamp paper . The first party name is not mine and the building name has been mention as Tower B Sheekhar instead of Tower A Sannidhya.
All subsequent pages have the correct first party name and address.
I pointed to this to the builder and he says that as long name and address is correct in the subsequent pages there is no issue. Moreover he says this document is null and void once the Dastavej is done where he shall ensure correct name and address.
Seeker
09 July 2014 at 09:41
I am writing on behalf of a male friend whose going through his divorce case and resides in UP. As there is no provision of anticipatory bail, he applied for stay order for which he gave 25k each for 4 family members in April 2014. Now the lawyer says that due to recent SC judgement passed on 3rd July, stay order petition is not granted.
Can you please advise if 25k for 4 family members given to lawyer actually refundable or not? Coz in this case the lawyer is not ready to give it back even though the petition was filed in April and SC judgement came on 3rd July. How much is the court fee for stay order or AB?
Mohit
09 July 2014 at 01:44
my friends sister had filed a 498A case, the husband filed anticipatory bail petition in High Court but the police didnt informed the wife. In the meantime police didnt arrested the husband by saying various excuses. The husband used to threaten the wife to withdraw case and the wife lodged GD to police against this threatening by husband but still police didnt take any action. Finally one day wife came to know that husband has been granted anticipatory bail by high court. When she saw the order of court it was clear that the police and P.P has not shown the GD lodged by the wife against the threatenings by husband and various other medical papers were also not presented before court by police. It is suspected that police and PP didnt strongly protested against bail before the court and they might have been managed by the defendent. In such a situation what is the course of action available with the wife ?
ADV KAMAL JADHAV BANGALORE
12 September 2013 at 21:01
Dear Respected Snrs
Sir one of my friend he is suffering very bad time he is now trying to look a girl and get marry but one lady is there his in village and he is broking the all relations that lady is a teacher his own village and she was rented in his house. She is is complaint against him in one of local Mahila mandal. And one day that mahila mandal ppl (there are two ladies and 4 gents)they called my friend to his office and they did not gave time or any reason to share OR tell them suddenly they got white paper and asked to my friend and they forced ki write here “I will marry with this lady after six months” .
Now the questions is sir.
1) I came to know that Mahila mandal PPl are taking money from that lady and they are giving illegally suggestion to lady.
2) That lady is completely elder than 10 years to boy.
3) She is Govt employee.
4) Boy is working with Central Govt .
They don’t taken theirs registered mahila mandal’s Letter head all promise not just they taken in white paper. Is that white paper stands in court.
OR she can complaint against him as Rape offence or sexual harassment what can she do and what we will do sir.
This is illegally an misusing the womens law.
The main point is my friend sent messages to her she was also sending the msgs as a Lover before 4 years now that all msgs she is showing to all.
Please could you help us out in this bad situation.
Thanks in Advance.
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Tenant stolen my furniture
Dear Sir,
I had given out my flat on L&L, Agreement was valid till March 2024 with 2 years of lock in. My tenant suddenly ran away without giving any notice. He took all the lights and my furniture along without my consent.
Please advise the next steps.
Regards,
Janhavi