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ABC.......   19 September 2009 at 01:18

Domestic Violence Act

How beneficial is DV Act practically if a wife is getting harassed by her husband and in-laws? I have read the DV act and rules, but is it beneficial to go for this? How much is the expenditure for filing such case and where it is to be filed?riven

Zeeba Aga   19 September 2009 at 00:09

B.M.C. PROPERTY TAX ON LEAVE AND LICENSE PROPERTY IN MUMBAI

I AM A MEMBER OF A CO-OPERATIVE SOCIETY IN SOUTH MUMBAI HAVING A 3BHK. RECENTLY THE MUMBAI (B.M.C.) ANNOUNCED A HEAVY TAXATION ON PROPERTIES THAT ARE GIVEN ON LEAVE AND LICENSE.

OUR SOCIETY HAS SUDDENLY ISSUED US A VERY HEFTY BILL SAYING THAT THE B.M.C. HAS GIVEN THEM THAT FIGURE FOR THE ENTIRE SOCIETY WITHOUT ANY BREAK UP FOR INDIVIDUAL FLATS THAT ARE ON LEAVE AND LICENSE. THEY HAVE ALSO SAID THAT IF NOT PAID THEN WE WILL BE CHARGED PENALTY.

I BELIEVE THIS A IS SUB JUDICE IN COURT AND MANY SOCIETIES ARE RAISING AN OBJECTION ON IT. BESIDES THAT MY FLAT WAS VACANT FOR A FEW MONTHS IN THE PERIOD THAT HAS BEEN MENTIONED IN THE BILL.

BESIDES THIS THE SOCIETY HAS NOT GIVEN US ANY COPY OF THE JUDGEMENT OR ANY BREAK UP AS TO HOW THEY HAVE DERIVED AT THIS FIGURE. ABOVE THAT THEY HAVE GIVEN US THE FIGURE ON THEIR SOCIETY BILL AND AND THERE IS NO B.M.C. BILL COPY ATTACHED EVEN SHOWING THE ENTIRE AMOUNT. THOUGH I HAVE SENT A NOTICE THROUGH MY ADVOCATE IN PUNE STATING THE ABOVE, THEY HAVE AGAIN SENT ANOTHER BILL ON THE SOCIETY BILL FORMAT ALONG WITH INTEREST CHARGED AND KEEP WRITING ABOUT PENALTY BEING CHARGED IF NOT PAID BEFORE A CERTAIN DATE.

KINDLY LET ME KNOW THE POSITION OF THE B.M.C. TAX AND WHAT SHOULD BE DONE REGARDING THIS CLAIM FROM THE SOCIETY. HOW DO I JUST PAY WITHOUT A JUSTIFIED CALCULATION SHOWING THE BRAEK UP AND WHY SHOULD I PAY TO THE SOCIETY IF IT IS SUB JUDICE.

IN THE PAST TOO THE SOCIETY HAD TAKEN AN EX AMOUNT FROM US TOWARDS SOCIETY CHARGES AND WHEN THERE WAS A REVISION AND IT WAS LOWERED WE WERE NOT PAID A REFUND. SAME WOULD BE THE CASE HERE. THIS FIGURE INFACT IS FAR FAR HIGHER THAN WHAT HAS PASSED.

I AM 76 YEARS OF AGE AND THIS IS VERY DISTURBING. I WOULD BE OBLIGED IF GIVEN THE RIGHT INFORMATION AT THE EARLIEST,AND IF POSSIBLE HOW TO CONVINCE THE SOCIETY.

REGARDS
ZEEBA AGA
riven

Zeeba Aga   19 September 2009 at 00:08

B.M.C. PROPERTY TAX ON LEAVE AND LICENSE PROPERTY IN MUMBAI

I AM A MEMBER OF A CO-OPERATIVE SOCIETY IN SOUTH MUMBAI HAVING A 3BHK. RECENTLY THE MUMBAI (B.M.C.) ANNOUNCED A HEAVY TAXATION ON PROPERTIES THAT ARE GIVEN ON LEAVE AND LICENSE.

OUR SOCIETY HAS SUDDENLY ISSUED US A VERY HEFTY BILL SAYING THAT THE B.M.C. HAS GIVEN THEM THAT FIGURE FOR THE ENTIRE SOCIETY WITHOUT ANY BREAK UP FOR INDIVIDUAL FLATS THAT ARE ON LEAVE AND LICENSE. THEY HAVE ALSO SAID THAT IF NOT PAID THEN WE WILL BE CHARGED PENALTY.

I BELIEVE THIS A IS SUB JUDICE IN COURT AND MANY SOCIETIES ARE RAISING AN OBJECTION ON IT. BESIDES THAT MY FLAT WAS VACANT FOR A FEW MONTHS IN THE PERIOD THAT HAS BEEN MENTIONED IN THE BILL.

BESIDES THIS THE SOCIETY HAS NOT GIVEN US ANY COPY OF THE JUDGEMENT OR ANY BREAK UP AS TO HOW THEY HAVE DERIVED AT THIS FIGURE. ABOVE THAT THEY HAVE GIVEN US THE FIGURE ON THEIR SOCIETY BILL AND AND THERE IS NO B.M.C. BILL COPY ATTACHED EVEN SHOWING THE ENTIRE AMOUNT. THOUGH I HAVE SENT A NOTICE THROUGH MY ADVOCATE IN PUNE STATING THE ABOVE, THEY HAVE AGAIN SENT ANOTHER BILL ON THE SOCIETY BILL FORMAT ALONG WITH INTEREST CHARGED AND KEEP WRITING ABOUT PENALTY BEING CHARGED IF NOT PAID BEFORE A CERTAIN DATE.

KINDLY LET ME KNOW THE POSITION OF THE B.M.C. TAX AND WHAT SHOULD BE DONE REGARDING THIS CLAIM FROM THE SOCIETY. HOW DO I JUST PAY WITHOUT A JUSTIFIED CALCULATION SHOWING THE BRAEK UP AND WHY SHOULD I PAY TO THE SOCIETY IF IT IS SUB JUDICE.

IN THE PAST TOO THE SOCIETY HAD TAKEN AN EX AMOUNT FROM US TOWARDS SOCIETY CHARGES AND WHEN THERE WAS A REVISION AND IT WAS LOWERED WE WERE NOT PAID A REFUND. SAME WOULD BE THE CASE HERE. THIS FIGURE INFACT IS FAR FAR HIGHER THAN WHAT HAS PASSED.

I AM 76 YEARS OF AGE AND THIS IS VERY DISTURBING. I WOULD BE OBLIGED IF GIVEN THE RIGHT INFORMATION AT THE EARLIEST,AND IF POSSIBLE HOW TO CONVINCE THE SOCIETY.

REGARDS
ZEEBA AGA
riven

Bhushan V. Kale   18 September 2009 at 23:02

Suit for Injunction

There is an agreement for exchange of two properties between plaintiff and defendant. They have decided to execute the sale deed of both the properties in each other's favour on or before 31/12/2009. Both the properties are situated within the jurisdiction of different court. The plaintiff got the possession of the defendant's property but he has not delivered the possession of his property to defendant. Thus, the plaintiff is having possession over both the properties.
The agreements were executed at the place of plaintiff. The defendant threatned plaintiff to take back the possession of his property. The plaintiff filed suit for Injunction, praying that, the defendant be restrain from taking possession of both the properties which are in the possession of plaintiff.
Whether the Civil Court at the place of plaintiff is having jurisdiction to entertain the suit. (As one property is situated out of the territorial jurisdiction. Whether Sec. 17 and sec. 20 of C.P.C. is applicable, as it is simplicitor suit for injunction ?
riven

Arvind Singh Chauhan   18 September 2009 at 21:35

Cr.P.C.

Sir,
whether there is a clear provision under statute or rulings of apex court, that police can release accused on bail in non bailable offense.
And when charge sheet is filed in court in same matter. magistrate should not reject his bail application for appearance in court.riven

Sachin Bhatia   18 September 2009 at 21:19

Consumer

Can anybody provide me the judgement regarding the deficiency in service by the Post Office.
25 days delayed in the delivery of speed post, in which a bank draft was sent for the treatment of a relative who was died because of the delay by the postal department.
DCDRF has awarded compensation for the tune of Rs. 53000 for the complainant. and the Postal department has filed appeal against this order in State commission.riven

CA Minal Vora   18 September 2009 at 20:23

code of ethics for doctors

I would like to know whether doctors in India(particularly an opthalmologist) can advertise?
I have gone through their code of ethics on the medical council of India website which does not permit advertising.
However I have learnt recently through word of mouth that doctors can advertise but subject to certain guidelines.
I want to know what these guidelines are and where can I find them?
A specific question is that if at all doctors can advertise now(say by forming a company),can do that by forming a pvt. ltd. company?..or they can do so under a proprietorship concern too?
Kindly reply at the earliest!
Regards
CA Minalriven

A.P.Rajagopal   18 September 2009 at 20:10

termination of club membership during probation period

hello sir

this is very urgent . i am the member of a recreation club for the past 10 months and the probation period for the same is 1 year. the secy of the club who has a personal enemity on me, for no reason terminated me by convening the executive committee. no notice has been served on me and no complaint against has been recd from any member. does a stay order on termination can be got .

ap. rajagopalriven

ad. creaminall   18 September 2009 at 18:33

138 of N. I. Act

on behalf of complainant >>> complaint filed and evidence of complainant was over. adv. for complainant has filed pursis. statement of accused was recorded. examination and cross examination of accused was also complete. summons issued for defence witness. matter the adjourn from time to time. two to three time complainant awarded cost from accused due to absence of defence witness. thereafter on one date the proceeding was not tressed. matter was adjourned. on next date matter again adjourn on 21/3/09. then on 21/3/09 matter was not shown ob board was written with hands and adjourn on 15/7/09. on 15/07/09 complainant and advocate were absent and matter also again not shown on board and written with hands but next date is not shown. thereafter matter suddenly shown on board of 20/8/09 on the date the complainant and advocate were absent as they were not aware about the said date. ld. magistrate has dismissed the complainant stating that complainant and his advocate absent. since long back complainant has not taken any steps to proceed with the matter hence dismiss. accused acquited and his bail bond stand cancelled.

if complainant wants to challange this order where should he has to move before session court for revision or before high court for appeal?

thanks in advance.riven

raj   18 September 2009 at 18:02

stay of execution

dear learned counsel!
An EP is pending against me and i got a notice under order 21 rule 37,asking to show cause to the notice or else i will be sent to civil prision.Subsequently i filed a suit in the same court relating to the matter in EP.Can i pray the honourable court to stay the EP under order 21 rule 29 of cpc?The suit filed by me was numbered and due for hearing next month[october].Please adviceriven