vijayalaxmi
30 April 2009 at 12:04
Hi,
I came across a female aged 85 years, who is abandoned by her children. She is virtually homeless and is living on road.Her neighbour wants to help her by admitting her in an old aged home. But she does not to take any liablity in future.Please could you answer the following questions which her neighbour came across while admitting her to an old aged home.
1) Can an affidavit stating that on account of any illness, death of the lady, her neighbour and the concerned old aged home is not held liable by anyone, including her children.
2) Can her children be compelled by law to take care of her?
3) Is she entitled for any maintainance from her 2 sons. Also can a unmarried, married or widowed daughter/daughters can be held responsible for maintainance.
4) Can her sons or unmarried, married or widowed daughter/daughters be punished by law for ill-treating their mother.
5)Can a criminal case be registered against her children. If yes, please could you explain the procedure to be followed.
kamal Jangid
30 April 2009 at 12:00
Simply reading provision of ESI Act Factory means manufacturing unit. And extended to establishments, such as, shops, hotels, restaurants, cinemas, preview theatres, motors transport undertakings and newspaper and advertising establishments etc.
Now i want to know is service provider is come in the preview of ESI as from above provision is not seems covered ??
Thnaks in advance
Kamal Jangid
Kamal_jangir96@yahoo.com
PRACHI
30 April 2009 at 11:17
Hi All:
In continuation of my earlier query, I would like to clarify that we already have an MoU in place for a proposed sale and purchase of property.
The MoU states the parties' wish to execute the sale -purchase transaction at a certain price.
I would like to ask you all experts that as I understand there has to be an agreement to support such an MoU. In such a situation, what terms & conditions should the agreement (following the MoU)have?
Regards
H. Vijaychandar
30 April 2009 at 10:13
This is in connection with a provision regarding the letting-out of common areas in an apartment complex consisting of 12 flats at Bangalore.
Two out of the 12 members of the soon to be formed society are not in favour of such letting out, whereas the other 10 are and have stated so and have conveyed their acceptance of the same.
The question that I wish to ask is, is a majority sufficient for including a clause for the same sufficient, or is unanimity essential?
I am including the text of two sections of The Karnataka Apartment Ownership Act, 1972 which the two different 'groups' are relying on to insist on the necessity of unanmity and the requirement of only a majority, respectively.
6. Common areas and facilities.- (1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property and such percentage shall reflect limited common areas and facilities.
(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall have permanent character, and shall not be altered without the consent of all of the apartment owners expressed in an amended Declaration duly executed and registered as provided in this Act. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or other instrument.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this Act as provided in sections 14 and 22. Any covenant to the contrary shall be null and void.
7
(4) Each apartment owner may use the common areas and facilities in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.
(5) The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bye-laws.
(6) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers, to have access to each apartment form time to time during reasonable hours as may be necessary for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common area and facilities or to another apartment or apartments.
16. Bye-laws and their contents.- (1) The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the Declaration . No modification of or amendment to the bye-law shall be valid, unless set forth in an amendment to the Declaration and such amendment is duly recorded and a copy thereof is duly filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
(a) The election from among the apartment owners, of a Board of Managers, the number of persons constituting the same, and that the terms of at least one-third of the members of such Board shall expire annually: the powers and duties of the Board; the compensation, if any, of the members of the Board; the method of removal from office of
members of the Board; and whether or not the Board may engage the services of a Secretary, a Manager or Managing Agent, and specifying which of the powers and duties granted to the Board by this Act or otherwise may be dele
Shyam Ji Srivastava
29 April 2009 at 20:55
Dear Members
Whether marriage performed in U.K. may be registered in India?
Shyam Ji Srivastava
29 April 2009 at 20:53
Dear Members
Whether marriage performed in U.K. may be registered in India?
rgurucharan
29 April 2009 at 17:38
Dear sir,
I have a passport where my date of birth is wrongly enterd. I have to make a correction in this passport.
Pls guide me what is the procedure to followed in this regard.
with regards,
R. Gurucharan.
B.B.R.Goud.
29 April 2009 at 17:02
a person 'A' acquired a fake Engineering certificate from a university and doing a job since 4 years. recently the employer identified as it is fake certificate. now the employer, to what extent, he can take an action and further, to what extent, he can initiate and institute the legal proceedings?
therefore you all intellectuals may pleased to advice....
thanking you all, in advance...
Keshav Kumar Saxena
29 April 2009 at 12:15
Dear Sir,
Kindly tell me whether graduation course completed in 1985 with two year course is valid for post graduation. If not, please specify notification with date.
Thanks,
Keshav Kumar Saxena
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Annulment
Ld counsels,
Wife has filed annulment of marriage on the grounds that husband was allegedly forced into marriage. If the husband contest the case, annulment may not be possible. But on the same proceeding if compromise need to be arrived is it advisable for the couple to say that both did not give full consent for the marriage and the marriage was performed mainly because of the personal preferences of the parents of the couple. The marriage lasted for only 6 days and non-consummated.
If this is the stand taken by the couple will the marriage be annulled on the proceedings initiated by the wife.
Husband as also filed a restitution and one couseling session is over on that. Since husband has filed restitution is there any harm in the reversal of stand taken by husband in the nullity proceedings.
Please clarify.