LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jains   03 September 2018 at 22:11

Motor accident

whether there is any limitation for filing motor accident claim case

Raja Rohan Singh   03 September 2018 at 15:36

Neighbour not letting me to do construction

I have a land in my mother's name in Bihar.The land was gair majurwa malik in khatihan and was transferred by my father to my mother as gift.The land in khatihan is in name of 3 people 1 member my neighbour and other 2 from my family.The half land of same got dakhil kharij in her name and the land tax since then is being deposited regularly. 40 yrs ago the same dispute was settled by executive court in our favour after which the land was transferred to my mother.We applied napi of the same in block and got it done.Now I want to construct boundary wall on the half portion on which the napi has been done by government amin but when ever I try to initiate the neighbours come and start to quarrel I tried to register complaint but no response.Kindly guide how can I have this construction and can I file an for of extortion on my neighbours.

Aniket Buddhe   03 September 2018 at 10:05

Reagarding Serving Notice Period

I joined a private company in kolhapur ok 1 june 2017 as a Trainee Engineer.I was also given appointment letter as a Trainee Engineer.The stipend was 10,000/- and also it had clause that the job will terminate as soon as 1year of trainee period is concluded and had no mention of notice period.Also it had clause that i wont have any right over permanent job in company.Now the compay has sent me letter stating that i will have to serve notice period for one month and approve the resignation letter.Also My trainee period ended in 1 july 2018 since then neither the company offereed me any other offer letter nor any post nor did my salary incresed so i left job on 14 august 2018 and went there till 19 august so as to give my responsibility.But am i to give one month legal notice period to company?

Anonymous   02 September 2018 at 22:31

Police verification for govt job

I have been fined by a railway court,of a remote location, now should I mention this in the bio data form for govt job where it is asked if convicted/fined/arrested by any court of law. If I am going to mention it I'm sure I won't get selected and if I don't mention there's a chance I could get my dream job, so please tell me what should I do. Should I take the risk , what are the chances of getting caught in the police verification. Please answer as soon as possible.

Chiranjeevi   02 September 2018 at 09:30

Appartment maintenance charges

Sir
Our society having 700 flats in chennai.
Our society having different flat sizes .we decided to install a CCTV system. How divide this investment i.e per flat basics or sqft basics which is correct in Tamilnadu.

How the maintenance charges on this billed later on this.

Can you please clarify.
Chiranjeevi

Anonymous   31 August 2018 at 18:55

Can magistrate first class take action against president?

Can Magistrate first class take action against President of consumer forum for getting records deleted on confonet website?

Krishnakanth   31 August 2018 at 10:24

Buying property from Muslim in India

I want to buy a property from Muslim in India. The property is buyed by his own money and he himself built it. Can his wife or children object him from selling the building to me. He is ready and willing to sell to me. He tells his wife and children will not sign the sale deed as they are willing to own the property after him. But he is interested in selling the property to me. Pls suggest weather I can buy this property without any legal battle from his family after the purchase of the property.

4WhatIsRight   31 August 2018 at 09:52

Sarafaesi action by bank against guarantor and remedies

I had given guarantee for a loan taken by my friend.
Sensing my friends intention to default, I wrote to bank that I was Revoking the guarantee stating the reason.
Bank replied that it can't be done.
Post such communication, bank and my friend, forged guarantee extension from time to time.
Bank later allowed my friend to sell his property at throwaway price which didn't even cover bank's exposure, that is my friend owed a rupee to bank and bank allowed my friend to sell its only property for 60paise.
Then the remaining 40paise wasn't paid by my friend and it was turned into npa.
Bank personnel have also unofficially allowed my friend to take away all its plant and machinery as well as sell its stock, without even asking for a single penny to be deposited towards outstanding amount.
I filed a fir about fraud and forgery by bank personnel by manufacturing guarantee extension documents.
The court issued summons to bank official and my friend.
Now bank has initiated sarafaesi action and have issued publication in daily for sale of my property.
Lawyer says I have no remedy as guarantor and borrower are treated on equal footing and further the borrowing company has sold its fixed assets before being turned npa, so now the bank will sell your property to recover it's due. Criminal proceedings against bank official for fraud can't be any reason to get relief, as even if they are found guilty the court will punish them appropriately but it doesn't have any bearing on bank's recovery process.

Do I really don't have any remedy?


Anonymous   30 August 2018 at 10:30

Sales agreement

1) Whether, my father and brother (they are not the allottee) can sign the sales agreement document as witness from my side?
2) Do the same persons need to be present during the flat registration as witness, which may be held after sometimes?

Anonymous   29 August 2018 at 22:06

2 cases want suggestion.

Dear Advocates,

We are handling our own cases, me and my sister.


In my sisters case the husband who is OP never appeared. My sister has a girl child 8 years. and is not working right now. but is educated and unable to find a job for herself as she has a kid whom she has to manage. We had given permanent alimon petition. Which got dismissed. But we had also given interim alimony applictoin to get alimony in the interim meanwhile till main case gets decided.

We had filed alimony petition for wife and child (permanent) and along with that we had filed a interim applicatoin citing change in circumstances asking court to award interim relief from the opposite party who were declared exparte already by the court due to non appearance of the opposite party.



Now the alimony petitoin has been dismissed citing so and so reasons. In the order sheet there is no mention of the interim application which was submitted to the court. The Interim applicatoin was "rejected" without giving any reasons whatsoever. There is no mention of this interim application in the order sheet at all where we had asked interim relief for my sister and her child. We were following up the case on NIC website and the proceedings were mentioned as:- Hearing on IA, Hearing on IA. Orders on IA. but now the judge has dismissed the main petition seeking alimony and has gotten deleted the details which were entered onto the court website.

The judge when he told that the interim application has been rejected, he did not give the interim application back to us. Can a judge get such details of a IA petitoin filed deleted from the court website? In this case we have written letter to discrict magistrate/first class magistrate?

No reply from him. Now what to do? How to prove that we had given IA? The judge is not giving even certified copies of the I.A appliicatoin that we gave.
We gave copy application in office, no copies were given. We asked through RTI. we got reply that our requisition has been rejected.

To top this party names have been typed wrongly and address also typed wrongly.

________________________________________________

In the cooker, bike, fan case, the OPs never appeared at all. And I had given IA seeking interim relief citing change in circumstances to give hospital bills for grandma treatment, bike is not taken for repair and is lying in shed, fan which got burnt due to which wires of house got burnt and we had to spend money on refixing wiring. This IA also got dismissed. In both the orders sheet the party names have been typed wrongly for which we gave a separate application asking the Registrar to change the names. But in both the cases the requisition letter got rejected as per RTI reply given by respective registrars . Now how to proceed ahead? I have given complaint to registrar and above advocate has told that registrar cannot take action against the president. But the first class magistrate can take action against the judge and president? Shall I approach High Court with writ petition of mandamus? I am handling the case on my own without lawyers help. As we cannot afford one. So I request you to kindly help.