Anonymous
15 February 2023 at 19:25
A case has defendants 1 and 2. Defendant 2 has given power of attorney and all rights to defendant 1 (Agent) for development of property. Plaintiff applied for status quo, and court grants status quo on defendant 1. With respect to this,
Is status quo implicitly applicable on Defendant 2 as well? If yes, is there a CPC section or case law which mentions this kind of scenario that status quo on Agent is also applicable on the owner
Ganesh Suba
15 February 2023 at 12:31
I request the experts for legal grounds on which I can oppose a DV petition which was simply copied from internet, having no paragraph number etc. I am directed to file counter. when the petition does not have paragraph number and it runs for 9 pages, how I appreciate the Judge on legal merits to either reject the petition or get it corrected by the petitioner. DV sec 36 states, dv is an addition to other laws and it does not derogate any other law in operation. as per CPC which is a law perhaps civil dictates how to frame a suit with para numbers etc. also dv sec 25.2 empowers magistrate to revoke his earlier orders(issuing of notice) when change of circumstances are present.
kindly experts please guide me.
Anonymous
15 February 2023 at 12:20
Bangalore Urban Municipality - BBMP has not taken any action on the demolition of illegal encroachment and construction in my residential premises a Multi Storeyed flat with 20 flats. It is pending since Jan 2015, till date despite investigations by BBMP and Lokayukta engineers, the Demolition notice judgment by Karnataka appellate Tribunal was in favor of BBMP as early as 2016 Dec. I had repeatedly visited all higher levels over the last 5 years CEE, BBMP Commissioner Office, Special Commissioner (BBMP East), Legal advisor, JDTP town planning and handed over all prints of relevant documents. Despite this BBMP is silent
As per advice from the AEE of the concerned BBMP ward, I formally lodged a complaint on Jan 15, 2015. The encroachment and new construction were done by the President and Vice President of the unregistered association of the MS Flat , ignoring complaints from many including myself
How to enforce legal action by BBMP.How to invoke ruling by Karnataka Appalent Tribunal
Sowmya RK
15 February 2023 at 09:42
I am from Andhra Pradesh. Sale deed was signed by the owner. He could not present the document in registration office. He want to give a speical power of attoney to someone present this document. In this context-
1. Is it compulsory to register the special power of attorney in addition to attestation by the registrar? OR
2. Mere attestation by the registrar is enough without registration?
I am hearing conradictory opinions. please anser me. Is this matter cleary settled by courts/laws without any confusion or NOT?
Madhu Mittal
15 February 2023 at 04:33
A loan of Rs. Two lakhs was given to a borrower on 25.03.2016, interest to be charged @ 15 % p.a. through banking channel on the basis of his post dated cheque of Rs. Two lakhs dated 25.03.2018 , when post dated cheque was deposited on 25.03.2018, it was dishonored, so a complainant u/s 138 N I Act was lodged against borrower, borrower alongwith his family left his residence as well as business place. On 06.09.2022 borrower/accused got his bail. On third hearing date of his appearance, i.e. 01.10.2022 he deposited a demand draft of Rs. Two lakhs in court alongwith an application to discharge him as per decision of SC decision M/S Meters And Instruments ... vs Kanchan Mehta on 5 October, 2017. The said Draft was got given to complainant on 01.10.2022 itself, next hearing is 12.10.2022.
On next hearing 12.10.2022, a detailed written reply was filed by complainant stating that 1.the said decision of SC was overruled by Five Judges bench judgment decided on April 16, 2021, so not to discharge the accused 2.Statutory interest @ 18% p.a. u/s 80 N I Act from 25.03.2018 to 01.10.22 i.e. for about four and half years should be got given to complainant in addition to face value of cheque 3. Cost @ 500/- per hearing for 26 hearing should be got given.
On 19.1.2023, by disposing of application of accused dated 01.10.2022, Trial court ordered that in addition to Rs. Two lacs, Rs. 20000/- (twenty thousand) as cost/compensation to be deposited in cash/Draft by accused and next hearing is 03.02.2003.
On 03.02.2003, accused deposited the draft of twenty thousand, but complainant refused to take this draft of additional amount. So next hearing was fixed 01.03.2023 for charge.
As complainant is not satisfied with this compensation/cost of Rs. twenty thousand, what is the remedy for complainant to challenge this order of compensation dated 19.01.2023? 1.To Session Court appeal u/s 372 2. To Session Court revision u/s 397 3. anywhere else under which section or 4. Not to challenge at all as accused was not discharged, but if not challenged now, later on it is said as far as compensation/cost is concerned, decision dated 19.01.2023 got finalty as it was not challenged.
Sandip Chikhalikar
14 February 2023 at 11:58
Me and Elder brother brought the Amalgamated residential property admeasuring 820 sq. ft. jointly (ownership 50% each) in 2004. The said residential flat was amalgamated by Society in past (Before Yr. 1990) by merging two adjacent flats admeasuring 410 Sq. ft. each without any change in Building structural plan. The Amalgamated large flat was issued a single Share certificate with 10 share's (5 share's from each 2 flats). Our Amalgamated flat is located on 3rd floor in A wing, whereas in same A wing there exist two separate 410 Sq. Ft flats on ground floor as per Society records. Further the Amalgamated flat has two separate entry doors and Staircases. Even the Electricity meter are separate.
In our registered purchase agreement dated 2014, the Amalgamated flat is shown as Single unit by Society.
Further Society consider it as Single flat and not ready to give us NOC despite multiple follow ups.
Recently our society has gone up for redevelopment and we approached the Builder to be appointed by Society, He informed the Society Secretary to provide Society NOC and Separate Share Certificate to divide the redevelopment benefit of 820 Sq. Ft. flat in two equal small flats.
Since society is not ready to support on flat bifurcation, kindly guide us the legal procedure or any suitable process which we can adopt during redevelopment wherein Society NOC would not be mandatory.
Anonymous
13 February 2023 at 22:08
hi
In my society there 4 tower , out of which 2 have got oc & 3 tower has got part oc & 4th tower which is 2 floor structure has no oc which belong to me . 4th tower is attached to 3 rd tower. The society has got the deemed convayance. The builders architect has resigned from the project & i am not the member of the society.I had approached the builder for the oc , but he says ,as the architect has resigned & the society has taken the deemed convayance, he will not do anything.I dont want to go to society as there are conflicts between us. So i need to know how can i get the oc without involving the society & builder architect
Anonymous
13 February 2023 at 20:17
I have submitted all document including sale deed, share certificate from society to bank for mortgage my flat. Bank already disbursed the loan amount and EMI also debited from my account. Now the bank asking NOC from society in bank format for mortgage my flat. Society totally refused to give NOC to bank. Than what should I do?
Sathya Shanmugavlu
13 February 2023 at 16:41
Dear Experts,
My Wife filed Divorce in year 2018 on Mental Cruelty, so far no evidence provided in her case.
My defense in her divorce petition might get struck off, owing to the failure to pay some of her interim maintenance order.
What impact will it have on her divorce ? Will she automatically get her divorce ordered on her favor, even without any evidence provided ? Or will I lose ability to defend against her case, but still case will proceed based on merits of evidence etc.
Thanks & Regards,
Sathya
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Registration of spoa is compulsory or optional?
I am from Andhra Pradesh. Sale deed was signed by the owner. He could not present the document in registration office. He want to give a speical power of attoney to someone to present this document. In this context-
1. Is it compulsory to register the special power of attorney in addition to attestation by the registrar? OR
2. Mere attestation by the registrar is enough without registration?
I am hearing conradictory opinions regarding the REGISTRABILITY of the special power of attorney. please anser me. Is this matter cleary settled by courts/laws without any confusion or NOT?