BRAJENDRA SINGH
21 May 2008 at 11:19
Hon'ble Apex Court of India had given its verdict over the matter whose details are as hereunder:-
Civil Appeal No:5230 and 5231 of 2004
Decided on 17.01.2007
Appellant:Ghaziabad Zila Sahkari Bank Limited
versus
Addl. Labour Commissioner and Others.
It would be a great favour in case copy of the judgement is provided to me.
Thanking you in anticipation.
BRAJENDRA SINGH
Guest
21 May 2008 at 11:15
CASE FACTS :- (1) A person is missing for more than 10 years; (2) Before he went missing, he has written a will and apportioned his property to his sons and daughters; (3) The 'Patta' and 'Tax receipts' are in his name; (4) Now, the family members who are entitled to the property wants to sell the property;
MY ADVICE :- (1) To obtain the 'Police report' that the 'missing person' is 'not found despite reasonable search and efforts'; (2) On the basis of police report, to apply for change of patta in the name of family members;
Any other suggestions, please ?
indrani
21 May 2008 at 10:10
Hi,
This is Indrani. I am working as the Admin in the Legal Dept,Texas Instruments, Bangalore. I, very urgently need the Leave section of the Tamil Nadu and Gujarat Shops and Establishment Act. I am not able to get this in any website and I do not have a law book stall near my office. Can you please help me out? My email id is indrani.d2000@ti.com.Hoping for a response.
Regards,
Indrani Dhar
AJIT KAWATKAR
21 May 2008 at 00:57
ours is co-op hsg socty.election for the 8+1 reserved posts are announced by GOVT. ELECTION OFFICER today.out of 8; 7 are elected on vote count; there was a TIE of VOTES by 3 candidates. the GOVT ELECTION OFFICER decided to go for LUCKY LOTTERY& declared the 8TH post;that too in absence of one of the CANDIDATE in TIE. i have gone through the co op hsg socty bye -laws & found no mention of such a provission any where.Q whether this rulling is as per ELECTION-RULES applied any where in our country/maharashtra? if no what should have been the real legal stand/possition? what is the recourse open for the candidate/voter-member?
AJIT KAWATKAR
21 May 2008 at 00:53
ours is co-op hsg socty.election for the 8+1 reserved posts are announced by GOVT. ELECTION OFFICER today.out of 8; 7 are elected on vote count; there was a TIE of VOTES by 3 candidates. the GOVT ELECTION OFFICER decided to go for LUCKY LOTTERY& declared the 8TH post;that too in absence of one of the CANDIDATE in TIE. i have gone through the co op hsg socty bye laws & found no mention of such a provission any where.Qwhether this rulling is as per ELECTION-RULES applied in our country/maharashtra? if no wtate should have been the real legal stand/possition? what is the recourse open for the candidate/voter-member?
V.JAGADEESAN
20 May 2008 at 21:16
Dear Sir,
I bought a plot property Near Orakadam , Sriperubudur sold by a reputed lay out promoter of those period 2 decades ago.
I was given sale deed and also patta issued by Tahsildar. I got a acquisition notice from Tahsildar for industrial acquisition. On verification I was informed that the property alloted to me was on govt land. Hence no compensation. What is gurantee for the people who invest in plots as their life time savings turned to be total waste after 25 years.
V.JAGADEESAN
20 May 2008 at 21:16
Dear Sir,
I bought a plot property Near Orakadam , Sriperubudur sold by a reputed lay out promoter of those period 2 decades ago.
I was given sale deed and also patta issued by Tahsildar. I got a acquisition notice from Tahsildar for industrial acquisition. On verification I was informed that the property alloted to me was on govt land. Hence no compensation. What is gurantee for the people who invest in plots as their life time savings turned to be total waste after 25 years.
SUMEET
20 May 2008 at 16:01
A FRIEND OF MINE HAS AVAILED A LOAN FACILITY FROM CO-OPERATIVE BANK IN MAHARASHTRA 8 YEARS BACK. HE REPAID A FEW INSTALLMENTS AND HIS BUSINESS TURNED INTO A FAILURE. THE MORTGAGED PROPERTY TO THE BANK WAS A HOUSE IN A NON-REGISTERED AREA. THE BANK BEING A CO-OPERATIVE ONE HAS ALLOTTED SHARE TO MY FRIEND AND HE ACCEPTED TO TURN THE ANNUAL DIVIDEND INTO THE LOAN ACCOUNT UNDER STANDING ORDETRS FOR THE WHOLE PERIOD.
NOW, THREE YEARS HAS ELAPSED SINCE HIS PAYMENT OF THE LAST INSTALLMENT TO THE BANK. DURING THIS PERIOD, THE LOAN WAS NOT RENEWED, EITHER ORALLY OR IN WRITTEN.
NOW, MY QUESTION IS THAT, CAN HE DENY THE REPAYMENT OF THE LOAN ON THE BASIS OF DEBT BECOMING DEBARRED UNDER THE "LAW OF LIMITATION" SINCE HE HAS NOT PAID ANY INSTALLMENT NOR ADMITTED HIS LIABILITY FOR A PERIOD OF THREE YEARS. WILL THE DIVIDEND ADJUSTMENT MAKE IT IMPOSSIBLE TO DENY REPAYMENT?
HAD SUCH ADJUSTMENT NOT BEEN THERE, WOULD IT BE POSSIBLE TO DENY REPAYMENT.
~ A FRIEND...
SUMEET
20 May 2008 at 16:00
A FRIEND OF MINE HAS AVAILED A LOAN FACILITY FROM CO-OPERATIVE BANK IN MAHARASHTRA 8 YEARS BACK. HE REPAID A FEW INSTALLMENTS AND HIS BUSINESS TURNED INTO A FAILURE. THE MORTGAGED PROPERTY TO THE BANK WAS A HOUSE IN A NON-REGISTERED AREA. THE BANK BEING A CO-OPERATIVE ONE HAS ALLOTTED SHARE TO MY FRIEND AND HE ACCEPTED TO TURN THE ANNUAL DIVIDEND INTO THE LOAN ACCOUNT UNDER STANDING ORDETRS FOR THE WHOLE PERIOD.
NOW, THREE YEARS HAS ELAPSED SINCE HIS PAYMENT OF THE LAST INSTALLMENT TO THE BANK. DURING THIS PERIOD, THE LOAN WAS NOT RENEWED, EITHER ORALLY OR IN WRITTEN.
NOW, MY QUESTION IS THAT, CAN HE DENY THE REPAYMENT OF THE LOAN ON THE BASIS OF DEBT BECOMING DEBARRED UNDER THE "LAW OF LIMITATION" SINCE HE HAS NOT PAID ANY INSTALLMENT NOR ADMITTED HIS LIABILITY FOR A PERIOD OF THREE YEARS. WILL THE DIVIDEND ADJUSTMENT MAKE IT IMPOSSIBLE TO DENY REPAYMENT?
HAD SUCH ADJUSTMENT NOT BEEN THERE, WOULD IT BE POSSIBLE TO DENY REPAYMENT.
~ A FRIEND...
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LAW OF LIMITATION - II
DEAR SIR,
A THING IN MY NARRATION IS MISSING THAT THE PROPERTY IS SOLD AS OF NOW AND A FEW BANK OFFICIALS KNOW IT WELL. FURTHER THE BANK HAS FILED A SUIT FOR THE RECOVERY OF DUE AMOUNT AND FINALLY IT WAS AGREED TO CREATE A TERM LOAN IN MY FRIEND'S NAME AND THE EARLIER LOAN WAS TREATED AS FULLY PAID. AFTER A FEW MONTHS, NO INSTALLMENT IS PAID BY HIM FOR THREE YEARS. UNDER THESE CIRCUMSTANCES IS THERE ANY VALID DEFENCE FOR HIM.
HE HAS APPROACHED TO THE BANK TWO YEARS BEFORE TO SETTLE THE LOAN AT ONCE BY PAYING IN LUMPSUM. THE BANK OFFICIALS COULD NOT PAY ANY ATTENTION TO HIM.
THANK YOU AND WAITING FOR YOUR REPLY...