Saddam Hussain
01 December 2017 at 23:10
Hi All,
My dad was driving the 4 wheeler transport vehicle in the morning today. Two persons was coming on the other direction and hit hardly to the vehicle at back side. One person dead and another person got injured. The person who was driving the two wheeler vehicle was drunk.
The incident happened in Kurnool Dist.
Then my father went to police station and he was there.
It is very clear that it was drunk and himself hit the vehicle.
please suggest what is next procedure?
Did my father needs to pay to the dead person family and injured one?
How long will it take to complete the case?
please assist on the same.
Thank you .
GUTAM NIYOGI
01 December 2017 at 22:52
I hv retired from a CPSU on attaining 58 yrs of age w.e.f 31.03.2014. I had contributed 12% of my salary ( Basic+DA) each mth. in my PF a/c with EPFO with matching contribution from the employer. Rs. 541.00 (8.33% of Rs.6500.00) from the emplyrs contrbn went to the Pension fund under EPS and the balance was deposited in my PF a/c. My organisation was an un- exempted establishment under EPFO.
My query: can I claim enhanced EPS pension by virtue of the SC order on the same.
C S PATANKAR
01 December 2017 at 22:38
How should I submit emails to be admissible as authentic evidence in Criminal proceedings
Rajendra Kumar K V N
01 December 2017 at 20:40
This is regarding the flat booked by me in Bangalore, during June 2015
Query no. (1) As per Karnataka state Gazette, dated Tuesday, 11th July 2017, Chapter V, on page 9, Section 16, which is reproduced below for your kind reference,
Inline image 1
rate of interest payable by promoter is State Bank of India's highest marginal cost of lending plus two percent.
But as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (za), (i)which is reproduced below for your kind reference, rate of interest payable by promoter is
(za) "interest" means the rates of interest payable by the promoter or the allottee, as the case may be.
Explanation.—For the purpose of this clause—
(i) the rate of interest chargeable from the allottee by the promoter, in caseof default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default;
(ii) the interest payable by the promoter to the allottee shall be from thedate the promoter received the amount or any part thereof till the date the amountor part thereof and interest thereon is refunded, and the interest payable by the allottee to the promoter shall be from the date the allottee defaults in payment tothe promoter till the date it is paid;
Please inform me which is to be followed in Bangalore, state of Karnataka.
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Query no. (2) And whether it is to be compounded monthly or quarterly, or half-yearly or annually. Please inform me.
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Query no. (3) In one of the clauses written in sale agreement made at the time of booking the flat, the promoter he says that he will increase the price by 15%, if the customer delays payment by one month. This is an extremely one-sided clause. Now, since (as per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below for your kind reference,
(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;
in model SALE AGREEMENT, page no. 19 paragraph no. 31,which states that
31.SAVINGS: Any application letter, allotment letter, agreement, or any other document signed by the allottee, in respect of the apartment, plot or building, as the case may be, prior tothe execution and registration of this Agreement for Sale for such apartment, plot orbuilding, as the case may be, shall not be construed to limit the rights and interests of the allottee under the Agreement for Sale or under the Act or the rules or theregulations made there under.
AND also since, as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (za),which is reproduced below for your kind reference, (i) rate of interest payable by promoter is
(i) the rate of interest chargeable from the allottee by the promoter, in caseof default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default;
can I claim for increase in the compensation by 15%,per month, since that also becomes the interest charged by the promoter, in case of delaying of due payments from the customer.
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Query no. (4) Original copy of the booking form, filled up at the time of booking the flat, is not with me now. But, the promoter has sent it to me by e-mail. Whether the email copy of booking form, is valid for showing details of calculations in Consumer forum.
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Query no. (5) The booking form, filled up at the time of booking the flat, does not show carpet area at all. But it can be calculated by taking measurements at flat, which is nearing completion, & it comes to around 350 sq.ft. approximately. But, the booking form mentions built up area or super built up area (not clearly mentioned) as 530 sq.ft, plus 175 sq.ft open terrace. It is definitely sure that it is not carpet area, since carpet area is around 350 sq.ft.
And the booking form also mentions cost of flat as Rs 12.92 lakhs. But on the back side of booking form, rate per square feet is shown as Rs.2,250/- per square feet, and the builder has taken my signature on this page. I have attached a copy for your kind reference
Now, please advise me, as per law, which rate is correct. whether
(1) Rs.12.92 lakhs divided by 350 sq.ft (where the rate gets calculated as Rs.3,715/- per sq.ft–which is not written anywhere in the booking form or sale agreement) or
(2) Rs.2,250/- per square feet, since the builder has taken my signature on this page.
(3) Rs.13 lakhs divided by 530 sq.ft (as per the practice followed during pre- RERA period.
As per me, he cannot claim a higher rate than Rs.2,250/- per square feet, since the builder has taken my signature on this page. Please confirm.
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Query no. (6) In one of the emails sent to me, builder has confirmed that cost of flat as Rs.9 lakhs (for an area of 530 sq.ft) & cost of open terrace as Rs. 3 lakhs. (for an area of 175 sq.ft). Thereby, without his mentioning the rate comes to Rs.1,730/- per sq.ft. Can I claim this rate of Rs. 1,730/- per sq.ft & get it multiplied by the carpet area for calculating cost now, for registration & final payment purposes.
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Query no. (7) In the booking form, filled up at the time of booking the flat, the builder has written as Total discount of Rs.1,25,000/-. Since it is signed by both me & builder, can I claim that discount, now in post RERA period.
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Query no. (8) In the booking form, filled up at the time of booking the flat, the builder has written as cost of OPEN car parking as Rs.1,25,000/-. Since RERA excludes it, (as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (y), which is reproduced below, can I get that exempted for calculating for registration & for final payment purposes.
(y) "garage" means a place within a project having a roof and walls on three sidesfor parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas;
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Query no. (9) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below,
(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;
in model SALE AGREEMENT, page no. 6 paragraph no. 1.2 (ii),which is reproduced below,
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of theProject payable by the Promoter, by whatever name called) up to the date of handing over the possession of the apartment/plot to the allottee and the project to the association of allottees or the competent authority, as the casemay be, after obtaining the completion certificate:
and also as per page no.7 paragraph no. 1.2 (iv), states that
(iv) The Total Price of [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providingelectric wiring, electrical connectivity to the apartment, lift, water line andplumbing, finishing with paint, marbles, tiles, doors, windows, fire detectionand firefighting equipment in the common areas, maintenance charges as perpara 11 etc. and includes cost for providing all other facilities, amenities andspecifications to be provided within the [Apartment/Plot] and the Project.
Hence, whether VAT & Service Tax is to be paid by Promoter or customer. Please clarify.
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Query no. (10) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below,
(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;
in model SALE AGREEMENT, page no. 9 paragraph no. 1.10,which is reproduced below
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and beliable for the cost of any legal proceedings which may be taken therefor by such authority or person.
and also as per page no.7 paragraph no. 1.2 (iv),which states that.
(iv) The Total Price of [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire-fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities andspecifications to be provided within the [Apartment/Plot] and the Project.
Hence, whether cost of common facilities, such as listed below is to be paid by customer or whether it is excluded, like cost of open car parking. Please clarify.
· BESCOM & BWSSB deposit @ Rs. 150/- per sq. ft.
· Generator & power back up: Rs.25,000/-
· Khatha & Legal expenses : Rs.50,000/-
· Club house – Lifetime Membership & Amenities : Rs.50,000/-
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Query no. (11) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016) which is reproduced below
(h) the form and particulars of agreement for sale under sub-section (2) of section 13;
in model SALE AGREEMENT, page no. 15 paragraph no. 11,
11.MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT:
The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees upon the issuance of the completion certificate of the project. The cost of such maintenance has been included in the Total Price of the [Apartment/Plot].
Hence, it is hereby understood that cost of maintenance is to be paid by promoter till formation of Association of allottees. Please confirm, since the builder is asking for cost of first year maintenance fees from me, before calling for registration of my flat.
C.A.POLIS PATIL
01 December 2017 at 20:23
Whether the Uncle (brother of the father) can represent the party in Family Court when the party is unable to attend?
If yes please state under what law and section? if possible please quote decided cases by High Court or Supreme Court.
Regards,
aravind
manish gupta
01 December 2017 at 19:48
respected all
I have filed complaint u/s 200 crpc for offence u/s 406,420,409,120b ipc ,after that MM sent complaint for 202 enquiry to concern police station , police sent notices to accused but they did not replied , police submit report that case is made out , court issue notices u/s 204 , accused file petition u/s 482 for quashing , HC stayed on proceedings
actually , when court issued notices u/s 204 after that accused and me draft a full and final settlement , in settlement deed I agreed that I have got complete payment from accused this is the only line in settlement deed .
actually , the case was for cheating 45 lakh rupees and my full and final settlement made on consideration of rupees 11lakh which I received .
my version is that the above sum I have received it is against defective goods but it is not mentioned in settlement .
HOW CAN I DEFEND MY CASE IN HC PLEASE SUGGEST
THANKING YOU
Ronit
01 December 2017 at 19:32
Hello my problem is that my wife is a SBI employee working as a clerk. She was posted near my home just 3 km away. She had applied for transfer at my place and after that she was transferred. My inlaws came to my place and took my wife and infant baby on pretext of family function. After few days wife behaviour changed and she refused to came back. Then I came to know she had requested bank to transfer her to place where her father is stationed as he is also a bank employee and she has been transferred to that place. She did not came to attend Diwali function at my home also and saying I should live with her but I refused since no one is there to look after my mother and she should not have taken this step since 7 SBI bank already exist near our city but she is not ready to come back. Can RCR be filed or she has a right to leave her husband and be with father. She is just using her transfer as an excuse to come back. I am really shocked, will RCR has to do anything with work??? I mean family court can reject MY RCR as she is employee and can choose place of her work any where????
KB
01 December 2017 at 18:35
I need urgent help...
It's about me any my cousin sister. She got married 7yrs back and having a baby boy of 4yrs old. She got married with his manager working in the same company. Before marriage he said so many lies that he is an MBA graduate having property, lots of money, so they decided to get marry and ran and they got married raipur CG ( cousin sister belongs to raipur only and her husband belongs to Indore).
After she ran from her hometown and started her life with his hubby she got to know that all the things which he said is lies he don't have nay degree all r fake no property and all but it's not the matter of money. After some time he started humiliating her by abusing her to do wrong things like dirty chats, nude pics, while intimating he try to make a video, dirty story telling, nude video chat, and all shit. Since she don't have any support from her family she did by forcing by his hubby.
When she is pregnant he had started an affair with his X girlfriend and when she get to know about them he refused everything and become a good person in front of his family, even though his family support him and didn't say a single word when they get to know about all these.
After marriage my cousin and her hubby stayed in indore Bhopal for 3yrs, then nasik for 3yrs and right now in Goa from may of this year.
Before marriage me and cousin has an affair but after marriage we have not contacted each other by 4yrs.
After that when we start talking and when she start sharing all these to me I have decided to support her. Then she says to her hubby that she is going to sasural and came out from that hell.
Right now she is with me in jharkhand. And she want to get separate from her hubby.
So what we can do.
Is there any procedure that we can do because her hubby is having doubts in me that me and his wife has an affair. But he didn't see my msgs and call nothing just a doubt.
So please help what we can do.
Weather she can file the case from jharkhand or not because I'm also new here just got posted 3mnths back.
Is there is a risk on me to. Right now no one knows that we r staying together.
So pls pls help me........
And suggest wat we or wat she can do to get divorce.....
jigin
01 December 2017 at 18:04
Sir,
In rectification deed, whether we can go ahead with different witnesses than the original deed.
Regards
Jigin N A
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Signature verification
my uncle & my father purchased a property jointly each paying half the price , but property was registerd in the name of my uncle.
my uncle gave power of attorney for half portion of the property & also signed a document shoewing that he has received half price of property from my father. on the basis of power of attorney my father sold the half portion of property to my mother & same was registered in my mother's name.
now my uncle hs put up a civil suit saying that he had not given any such power of attorney & signature on power of attorney & receipt are not his signature.
please advice me whether i can get his signature checked/ verified . my father is no more & power of attorney is of year 1976.