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Anonymous   25 March 2024 at 17:57

Conveyance deed

Dispute in fixing FSI right in conveyance. Original plot size as per property card 945.3 sq.mtr plus road set back of 205.14 sq.mtr TOTAL 1150.14 (FSI 1:1 in 1985) out of this leased area of 225 sq.mtr. (1986). From 945.3 for MAP reservation 177.6 is surrender to Govt. left over 767.7 plus available road set back of 205.14 total 972.84 Two structure constructed Building No.1 is registered society (1987) 860.57 sq.mtr FSI used as per sanctioned plan approved by Municipal Corporation Building Completion Certificate 1986 Occupation Certificate 1987, Building No.2 (on lease plot area) 106.99 sq.mtr FSI used, balance FSI 5.28 sq.mtr. Further in 2008 lease plot Building No.2 is reconstructed by surrendering 29 sq.mtr for road widening and set back for same is used by themselves. Current plot area as per property card is 738.7 sq.mtr. Now the dispute or confusion of plot area and entitlement of FSI area to be conveyed. Builder/Lessee demand is plot area of 196 sq.mtr plus potential of 29 sq.mtr road set back in conveyance deed, which means society left with plot area of 542.7 sq.mtr plus potential of 205.14 sq.mtr road set back total 747.84 sq.mtr against constructed area of 860.57 sq.mtr. Lease deed of 225 sq.mtr was signed between land owner as Lessor and Builder Developer as Lessee. It is like bigger area construction on smaller plot area and smaller area construction on bigger plot area. All agree for entire land plot area to be Conveyance in the name of registered society but lessee want development right of 196 sq.mtr plus potential of 29 sq.mtr road side, which make society structure non feasible for redevelopment. What should be plot area and construction/FSI rights should be considered? What is builder/developer duty/obligation for conveyance? Society is ready to admit lessee as regular mamber of society as ownership rights of construction area 81 sq.mtr plus potential of 29 sq.mtr road set back in favour of lessee or new member.

Priyanshu Mehta   25 March 2024 at 17:28

Can single appeal be filled against counter claim and suit

Dear Experts,

The plaintiff has filled second appeal in single way against the counter claim and civil suit. As the trial court has passed the judgement in single by mentioning counter claim and civil suit.

The defendant has filled counter claim and civil suit reply in single application thats why the trial court has given the single judgment and single decree of the same.

Now, the question arises before the higher court is that, can the plaintiff file single second appeal against counter claim and the decree judgement ? The plaintiff lawyer has argued that trial court has not given the two judgements against the counter claim and civil suit thats why there is no requirement to file different appeals.

Hence, experts I have following queries in this regard :

1. Is the second appeal maintainable at above law point even if no different appels are filled ?

2. If the second appeal is dismissed with the above reason can the plaintiff file two different appeals with delay of condonation?

3. If the second appeal has no question of law arises and does not have any merits then is the plaintiff has chances to get the stay order in his favor ?

Please guide on theses.Experts guidance are highly appreciated.

Thanks and Regards.

Dilip   25 March 2024 at 14:51

Regarding esic

Sir. If the principal employer or the contractor wants to show that it's employees are earning more than 21000 per month than how they will show means they have to show the wages register or any other affidavit or something else. Worker of trade union employer will show or trade union will give any details

Dhruv Saharan   25 March 2024 at 13:46

Legalising illegal gambling

Hello

This post is going to be a bit lengthy but I'm sure you guys will have fun answering my questions. I'm planning to start an online gambling website, but in safe and legal way only. In my knowledge, there are two types of online gambling in India:

Skill Based Gambling: These are the games which requires some amount of player's skill to win. This includes Chess, carrom, pubg and all kinds of games that one can compete in. These games are generally allowed in India.
Luck Based Gambling: This is type of gambling in which there are no skills required. The outcome is purely based on Luck. People betting on faces of coins, some kinds of card games are example of Luck Based Games. These games are illegal.
*Please correct me if I am assuming something wrong at any point.



Now, the problem here is that the game I want to host is entirely luck based but I anyhow want to make it legal (and I have a plan for that as well 😜). This game is called "color prediction game." In this game, players choose any one color out of two. Now we see player's responses on our screen. The idea is to make the color winner for cash prize which has lesser votes. For instance, 70% choose red and 30% choose blue. Here, we will make the blue color eligible for pricing and the red-chooser will loose. Now we will give double the amount of money to 30% people and keep the rest amount as profit. Now at this point, I know it feels extremely illegal. But now comes the fun part of legalising it.

I will add a consent box that says "I accept terms & conditions of this game" which will not allow the player to play the game unless he ticks the checkbox.
In terms and conditions, I will disclose to the player that this game is 100% skill based game and not luck based. But you will have to read this guide or documentation before playing. I will provide link to access the documentation.
Now the most important part comes here. I am going to create a website and keep it updated with the winning colour before ending of match. If anyone is able to open that website and find out the winning colour, he will win for sure. But for opening this site, the player has to some complex math equations. This is to make sure that any player can not access the information about which color is going to win.
Now I will explain the method of accessing this website and finding out the winning colour in the documentation I will provide in terms and conditions. Now this game has became a skill based game instead of luck based game. How? Because now if the individual is able to learn the way of finding out the winning team from other website, he is able to win. It is a skill. It requires computer and maths skills to open that website and find the winning colour before time. But if anyone is not reading the terms and conditions before playing and just playing on their own without learning the actual method of winning through their skill, it is none of my problem. I am openly giving them method to win by learning 100% foolproof method to win. (No more than 0.01% people go and read out terms and conditions and no gambler will be able learn through documentation. Hence, no one will be able to abuse this system.)
I guess you understand what I am up to. I have made it 100% skill game as the player can read the guide provided and win the game.

Now I request you guys to advice me if this is legal or still illegal, and if yes, then why? I am also open to any suggestions that I can do in order to be more safer. And yeah, if you didn't understand anything I wanted to say, please ask.

mabusubhani   25 March 2024 at 11:48

About vechicle rights

RESPECTED SIR,
TWO WHEELER VEHICLE IS ON MY FATHER NAME. HE WAS DIED WITH OUT ANY WILL OR ANY OTHER LEGAL SETTLEMENTS.NOW I ASK TO MY MOTHER TO USE THE VEHICLE MY SELF BUT SHE REFUSE AND VEHICLE GIVEN TO SON - IN - LAW. PLEASE GIVE ME ADVISE HOW TO SETTLE THAT MATTER OR CAN I COMPLAINT IN POLICE STATION

Mahendran   25 March 2024 at 08:34

Partition rights of second wife childrens

Can the Second Wife and Their children's claim property on First Wife Property.
Can the Second Wife Children claim property that settled to First wife children's by their own mother

Mahendran   25 March 2024 at 08:24

Partition rights

Please clarify my doubt, My great grand mother had a property in her name and the same was given to her daughter which is my grandmother (First wife of my grand father) and intern the same was settled to her children's,

Doubt -Grandfather had 2 wife's, can the settled property again be partitioned between family of first wife children's and second wife and to his children's?
if done is that valid?

Anonymous   24 March 2024 at 23:28

Trademark notice

Dear Sir,
A lawyer send me a notice to my client for using the word khadi in indiamart. My client was using the word khadi for showing the purpose of quality of cloth not for the purpose of using trademark word khadi. Lawyer is saying to delete the word khadi from website and also pay the amount of Rs. 15,000 as notice charges..
My query is what shoud i do??
Thanks....

Anonymous   24 March 2024 at 22:34

Criminal and civil defamation cases

Issues existed on admin of Apartments Association. High level enemity between 2 persons. The defacto complainant lodged a false complaint on the other person and myself. A FIR was registered on Dec/2018 under ipc 294(b),323 and 506(1). I was arrayed as A2. But Police dropped me in the Chargesheet filed in 2023. Case was under process in judicial court . During the enquiry level the A1 died in Jan 2024.The defacto Complainant had filed a protest petition but did not appear for a hearing and finally it was not pressed by the defacto complainant, The court disposed both the case on A1 and protest petition of the defacto complainat (as he did not press) in March 2024.
Now may I file both criminal and civil suit for defamation?
If so, may I have to serve legal notice first and then in court?. May I file defamation cases in High Court directly? please guide me
thanks

Kumar Heera   24 March 2024 at 17:10

Legal heir

A man purchased a property with his self earned money in the name of his wife who is a house wife and is illiterate. After the death of the wife, who will be the legal heir?