Sachin Bhatia's Expert Profile

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Rahul says : legal query
'X' is a monthly tenant from the year 1974 in respect of 5110 sft non-residential premises in kolkata, West Bengal. The rent at the commencement of the tenancy was Re 1/- per sft ,i.e., the monthly rental was Rs. 5110/-. In 1991 'X' and the landlord mutually decided to increase the total rent to Rs. 11,000/- , i.e., by additional payment Rs. 5890/- nomenclatured as 'service charges'. Since then the 'X' has been paying Rs. 11,000/- per month. The Rent Control Act in West Bengal underwent changes in 1997. West bengal Tenancy Act 1956 was repealed and the the new Act, West Bengal Premises Tenancy Act 1997(ammenreded 2002) was enacted. The new Act set an outer limit (for rent) of Rs. 10,000/- for including a tenant under West Bengal Premises Tenancy Act 1997. My clarification are as follows: 1. Under which Act does the tenant presently come under? West Bengal Premises Tenancy Act 1997 or Transfer of Property Act or any other Act? 2. Assuming the tenant comes under Transfer of property Act: i) Can he be made liable to pay fair rental in the Courts. Market rentals have become as high as 100/- per sft in the building in which the tenant is situated. Is there any provision for fair rent revision under TP Act? What is the legal procedure for rent enhancement. Is a valuation report of an Court registered valuer required to be submited before the Court. ii) Can the lanlord file an ejectment suit under TP Act against the tenant by giving him 15 days notice without having any reasonable grounds?

Tenzin Namgyal says : indiffernce of pleading with its grounds.
Expert, i would like to know any case law on "relief can not be sought unless pleading are to that effect" i shall be highly apprecaited for ur kind time. Thank you.

kiran rathee says : marital dispute
the husband was a mechanical engineer in HONDA COMPANY.. and the girl is M.SC maths but she used to live at home. the girl child was born in sept 2006 out of this wedlock.. the nature of wife was not good as she always had some problem with others.. she even used to fight with her husband on small issues. eg i'll not prepare food or always order from outside, never gave breakfast to her husband after having three maids.. but the husband always had a compromising nature and never said anything to her.. he just wanted to live happily with her at any cost.. but she always used to fight on petty issues.. she even don't like his parents and other members of the family.. she just wanted to live alone.. she was not happy to see anyone from her husband's family. the husband's family never interfered in their matter and were not aware of the issues between their son and daughter-in-law .. the disputes heightened b/w husband and wife and finally the husband left his job in 2008 and started living at home and the wife left her matrimonial home and went to their parental home.. the boy's parents came to know about their fight but they managed to bring them home in bhiwani and asked them to live peacefully.. but again after few days she started fighting with her husband and now also with in-laws without any reasons but the boy's parents never said anything as all members of the the family are highly educated and reputed too.. but she was not ready to live with them and again left her in-laws home in april 2010 and filed a case under domestic violence Act,2005.. the in-laws even don't know that on what basis she filed the above said case. they went to girl's home and asked to live happy with her husband wherever she likes but she refused.. the husband tried alot to solve his marital dispute but still she is not agreeing to live with him.. she is asking for property out of her in-laws property and want to live alone in that house without her husband but now after filing a false case against all of them, the in-laws are not ready to take her back home .. but the lady want to live there only on the first floor of that house without her husband.. the wife, at present is lecturer of mathematics in college and she get this job because of her father-in-law as he is the head of that college, he also helped her in studies of M.PHIL but she can never understand the value of family and family relations.. her parents never said anything to her even on her mistake and used to abuse boy's family.. now the husband also don't want to live with that lady and want to take divorce from her.. as he don't want to let suffer his parents anymore because of that lady.. please tell me what are the remedies available to us..what we have to do? how can i help my aunty, uncle..?? thank you.

Mahi says : IT case and requirement in passport
I had posted this query on lawyersclubindia and need your advice. Your help is greatly appreciated. Que:My father has a Income tax case against him.The judgment was in his favor in the district court.However the IT dept went to the high court and the case is still pending.Now my question is my sister lives in USA.My parents want to visit her during this summer.My parents want to apply for a passport.In the passport application form there is a requirement to obtain NOC from the court where the case is going on?So does the court issue a NOC?Will the passport office issue them a passport and can they travel abroad?Any help is greatly appreciated. I understand that in my father's case a NOC needs to be obtained for obtaining a passport.My question is if the court does not issue a NOC and since the case is acquitted in the district court,can we attach a judgment copy issued by the district court and an order sheet from the high court where the case is filed, for obtaining the passport? Thanks Mahi

SUKRIT KUMAR says : BOUNCING OF CHEQUE
Dear Friends Our firm is based in Agra, we had a business dealing with a firm based in Delhi. All the transactions were done in Agra i.e. supply of goods, receipt of payment by cheque. But, as our Bank is CBS, the cheque was deposited in party’s bank in New Delhi. The cheque was dishonoured and we filed a suite under section 138 & 420. In the last hearing at the time of arguments, the judge told us that the suite falls under Delhi’s jurisdiction, as the offence was committed in Delhi and he mentioned about a ruling of Supreme Court. Will appreciate, if some learned friend guides me, whether the suite is maintainable at Agra or not. Secondly, suppose it gets rejected at Agra, are we eligible to file a fresh suit in Delhi, as the suite is 4 years old, will we get the benefit of limitation or not,.( We mean that will the period of litigation in Agra court will be counted or not. Will be grateful, if some noble soul provides us any ruling of any High Court or Supreme Court,in this regard. Thanking you & with Best Regards . SUKRIT

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