Anonymous
10 October 2018 at 19:30
In a civil case in lower court for declaring a registered deed as null and void under un due influence, issues framed
but defendant filed IA under O7r11b stating in correct court fee. but lower court judge said under sec 34 of specific relief act any suit with out consequential relief claimed a bare declaration is not allowed, plaintiff not taken effort to rectify the error, so plaint rejected.
Is this an Jurisdictional error and valid reason for civil revision petition in HC ?
should plaintiff must have gone for Appeal and not civil revision, when appeal is possible in such cases can civil revision can be rejected saying plaintiff must have gone for Appeal only ?
Thanks
Rekha Joshi
10 October 2018 at 16:10
Secretary conveyed his resignation verbally in anger to mc but later did not give it in writing. But mc from then did not communicate to him abt the mc meeting dates or time due to which he could not attend any meeting after.Now mc is disqualifying him saying he has not attended three consecutive meetings. Actually no mc meetings had taken place after that incident. Later mc members signed the minute book as if meetings had taken place on certain days. The general body in its AGM reelected unanimously the secretary as they wanted him to continue as secretary.But now mc does not want to recognise him as Secretary.Is mc above general body in doing so?
Rekha Joshi
10 October 2018 at 15:51
If mc meetings do not take place monthly but on a later date mc members write down the minutes as if it took place on certain days every month and sign later, is this legal? If quorum of mc meetings is not met then whether decisions are valid?
Anonymous
10 October 2018 at 15:24
Hi All,
I need some guidance on how to deal with unruly neighbours above my flat.
Background : I live in a 2 BHK flat in Bangalore KA. The flat above has been put on rent since past several years by the owner. Some amount of noise from ceiling and nearby flats is natural and unavoidable. However , I am facing a recurring nuisance from the tenants above my flat for about 4 years now. Below is the description of each case.
Year 2014-15 : Tenants above were a family with a small kid. There was noise every now and then of dropping toys and other objects. I tried to speak the neighbours about it how loud the noise comes across the ceiling and to put a rug/carpet where the kid usually plays. The woman slammed the door on my face saying that she cannot discipline a 2 years old kid and that I cannot understand because I do not have kids.
Year 2015-16 : This time the tenants were 3 bachelors who their individual work schedules spanned day and night so the noise of banging balcony doors , loud conversation and playing with bat/ball was common and wouldn't stop until 4 am. Plus , they had party every weekend /sat / sun with loud music and drinks. I would go upstairs at 2:00 am in the morning to ask them to stop the loud noise and many times it was scary because I would be talking to a bunch of drunk youngsters.
I met personally with the manger and they asked me to complain online. I even spoke to the owner but the nuisance continued even after. However, at one instance I got really sick and couldn't get rest for several days/nights because of the nuisance so I decided to go the police and that's when the association got into action and spoke to owner about it and the bachelors were asked to vacate.
Year 2017- till date: New tenants were again a family with a small kid. The kid is hyperactive and runs around the house. He also loves to pound with the bat on the floor every now and then. Coupled with pulling furniture and throwing toys every now and then , it became difficult for me to stay at home , let alone work.
It's not just the kid, the grownups contribute to the noise too. They would watch movies with loud noise, put washing m/c after 11 pm , bang doors of bathroom/balcony etc.
I again decided to take the matter to association. To my surprise, association secretary told me there were no laws for such situations and people can do whatever they like in their own home. They asked me to adjust to these people as they have a small kid. I argued that it is not about written laws, it is more about having good civic sense. I cannot be asked to adjust every time a family with small kid moves into above flat.
I suggested them to use a rug where the kid plays but they refused it by saying that it may cause allergies. Even the owner has refused to listen to me saying that if I have problem with his tenants then I should pay the rent to keep the flat above vacant. Recently the kid has started cycling around the house , esp after 9 pm.
I have been living there since 10 years and haven't caused trouble to anyone. I shared my problem with few other members of the society and they have asked me to use fan , headphones, going out for a walk to stay away from noise in the evening. but one cannot study or eat or watch Tv wearing headphones , certainly not for several hours. Fan and Tv cannot curb cycling noise, neither can I go out for a walk at 11:30 pm or midnight.
I am managing my work somehow during daytime but evenings and late evenings are stressful. Just because I live alone, doesn't mean I have no personal life. I want to relax and rejuvenate in my own house after a whole days work just like any other person.
My friends have suggested me to relocate but I don't want to leave my own house because of some narrow minded people who do not understand community living. So far , I have been using the right channel and means to voice my problem with no results. In all this process, I come across as the person who keeps complaining about tenants but it is far from the truth. I am sick and tired of asking help from association and other members of the society.
This is a recurrent problem and I would really appreciate if someone can suggest a way to mitigate this situation within the bound of state laws. I am not a person who would fight with neighbours loudly and create a ruckus. Are there are any legal steps that can be taken to make the owner/tenants that they have been disturbing my right to live peacefully in my own home since years?
Many Thanks !
sood
10 October 2018 at 14:30
Is leave encasement applicable for Class IV employees in a private unaided school run by a Society and registered for exemption from Income Tax under the IT Act in Sec 12AA of the IT ACT
sood
10 October 2018 at 14:15
Is payment of Bonus mandatory for Private unaided Schools run by a Society and registered for Income Tax exemptions un Section 12AA of the Income Tax Act
Thanks in advance
Anonymous
10 October 2018 at 13:36
I was working as lecturer, associate professor in an aided college. After 19 years of service I left that service and joined as finance and accounts officer in university (grant in aid post), which is five year tenure post. my lien application is rejected by the college authority. i was asked to submit resignation, which is later accepted by college and they transferred my provident fund too. the tenure of my present post is about to end in near future, I want to go back to the college on my permanent post. is it possible? can i claim that the my post is permanent and unless i am confirmed on another post i am allowed to retain lien on my substantive post held. please guide.
Arun kumar
10 October 2018 at 12:13
Sir/madam,
My mother expired way back in the year 2009 due to jaundice in safdarjung hospital. At that time i was around 15 or 16 years of age. My father due to some personal problems and illness could not register the death of mother in time. Later, my father also expired in the year 2012. My relatives helped me in obtaining the death certificate of my father.
Now, i need the death certificate of my mother who expired in 2009. I have the slip received from the hospital regarding her death. I have searched the internet regarding the procedure and i found somewhere that I need to approach the magistrate of my area. Now, my query is how should i approach him and what is the procedure. Will i need to engage an advocate and if yes, how much will i need to pay him??
Raj
10 October 2018 at 12:09
Hi,
DB had issued a credit card to me in year 2007, Bangalore, Karnataka. At that time, I had a total of 3 credit cards - so I decided to close DB card for good. I made final bill payment by means of cash - cash was collected by their collection agent - and closed the card for good.
As I grew professionally, I decided not to keep too many cards and closed Citi card as well - no dues. Now, only left with ICICI card.
In December last year (2017), I needed to borrow money / personal loan to treat a family member and my application was denied by the bank stating low credit scores. I was shocked to learn this news. I made use an online website to source my credit scores - by this way, I realized that IndusInd bank has marked me as a "willful defaulter" of 5L+ rupees.
I immediately wrote to their nodal officer. Their reply was even more shocking to me - they said, they have taken over credit card business of DB in year 2011 and that I had not cleared the final bill of 29000 with DB, which is now 5L+ with interest.
I have informed them that I had made all payments in 2008 / 2009. Now, unfortunately, I do not have any payment receipts with me since it is almost 10+ years old. Either the person that collected money from me did not close the account properly or during their merger of two companies something technically could have gone wrong - I don't know, and them do not agreeing to this. I am now getting calls from recovery people demanding 5L+ rupees from me.
I am a tax paying, responsible citizen and never ever defaulted with any financial institutions whatsoever - be it a CC and previous loan that I had. Obviously, I can't be forced to pay 5L+, and I can't afford to do so either.
What are my options? Requesting for a detailed guidance, please.
1. Can the bank / recovery team file a criminal case against me in court? They said they will.
2. Can the bank / recovery team file a complaint against me with police and arrest me? They said they will.
3. Are there any particular RBI guidelines that I can refer? Please share website links for reference.
4. Are these any cases from the history where courts may have passed certain judgements? Please share details.
As per them, principal amount is 29,000/- and along with interest over 10+ years, they are demanding 5,45,000/-. And this keeps increasing every month.
Kindly guide.
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credit card allegation
Respected lawyers.
ITs 13years old story i m being disturbed for credit payment what should i do shall i change phone.