Society has been charging me additional parking in my maintenance bills.
Could you please provide me with more details about your situation? Here are a few questions that might help me better understand your issue:
- Are you a tenant or an owner of the property?
- Is there a designated parking area for the property?
- Was there any agreement or contract that specified the terms of your parking arrangement?
- When did you start being charged additional parking fees?
- Have you tried discussing this issue with the property management or owner?
Please provide as much information as possible so I can provide you with the best possible advice.
Question: I am owner and paid one lakh rupees for the parking. When the new members joined the society they have increased the amount of parking fee without holding the general meeting. No referendum was held by the society for increasing the parking fee. Can I challenge the action of the society before any appropriate forum?
As an owner of the property, you have the right to question any increase in fees without proper communication or agreement. Based on your description, it seems that the society did not follow the proper procedures for increasing the parking fee, such as holding a general meeting or conducting a referendum.
You may want to take the following steps to challenge the society's action:
- Review the society's bylaws or governing documents to ensure that the society did not follow its own rules for increasing fees.
- Contact the society's management or board to discuss your concerns and ask for an explanation of the increase in parking fees.
- If you are not satisfied with the response from the management or board, you may want to consider filing a complaint with the Registrar of Co-operative Societies or other appropriate regulatory body in your area.
- You may also consider consulting with a lawyer who is knowledgeable about co-operative society laws to discuss your legal options.
Remember to document all communication and interactions with the society's management or board, as well as any receipts or documents related to the parking fee. You should also look the bye laws of the society. If it has any illegal clause then you can approach the society registrar to set-aside that clause. This information may be helpful if you decide to take legal action.
Can I file a case against my friend for deceitfully taking a loan on my name? Sir, my friend bought a car in my name and also took a loan in my name. He is unable to pay the EMI and is not returning the car. I need suggestions on how to get the car back. He has also given my car to someone else for money, but he is not informing me about it.
You have completed all the legal and other formalities in purchasing and financing of the car. At this stage you cannot say that your friend has purchased in your name.
As per the financial documents, you are the real borrower. It does not matter that your friend has not been paying the EMI. You should lodge a first information report against your friend because he has deceived you by making false promises to pay EMI.
Your friend had no intention to pay the EMI at the time of getting finance from the bank. He has cheated you and by making default he has committed the offence of cheating. You should surrender the car to the bank and seek cancellation of the hypothecation.
But in this process you should be ready to pay the balance amount remaining after the adjustment of sale proceeds of your car.
Can the collector acquire our land and construct a road on it without our permission?
Land acquisition is a process by which the government acquires private land for public purposes such as development, infrastructure, or urbanization. The government has to pay fair compensation to the affected landowners and provide them with rehabilitation and resettlement facilities. However, land acquisition can also be a source of conflict and litigation, especially when the landowners do not consent to the acquisition or are dissatisfied with the compensation or rehabilitation.
One of the common questions that landowners have is whether the collector can acquire their land and construct a road on it without their permission. The collector is an administrative officer who represents the state government in a district and has various powers and functions under different laws. One of these powers is to acquire land for public purposes under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act).
The LARR Act lays down certain conditions and procedures for acquiring land for public purposes. According to Section 4 of the LARR Act, whenever it appears to the appropriate government that land in any area is required or likely to be required for any public purpose, a notification (also known as preliminary notification) shall be published in the official gazette, two daily newspapers circulating in that locality of which one shall be in regional language, local language of affected area; upload on website of appropriate government; inform Gram Sabha at village level; affix at conspicuous places in affected area.
The notification shall state that:
- The appropriate government intends to acquire land for a public purpose
- The details of district or area within which such land is situated
- The reasons necessitating such displacement
- A summary of social impact assessment report
- Particulars of administrator appointed for rehabilitation & resettlement
- Particulars of authority appointed for hearing objections
The notification shall also state that any person interested in such land may within sixty days from date of publication raise objection to proposed acquisition.
After issuing this notification, Section 6 of LARR Act requires that an officer designated by appropriate government (also known as Collector) shall conduct enquiry into objections raised by interested persons; hear objection within time limit specified by appropriate government; submit report along with recommendations on objections & record thereof within time limit specified by appropriate government.
Based on this report, Section 7 of LARR Act provides that if appropriate government satisfied after considering report & recommendations submitted by Collector & after hearing objectors if they desire so then declare by notification (also known as declaration) published same way as preliminary notification stating:
- That particular land needed for public purpose
- An estimate amount likely required for compensation
- A statement indicating whether rehabilitation & resettlement scheme prepared under section 16
The declaration shall also state clearly that:
- Land covered by declaration shall vest absolutely with central/state govt free from all encumbrances
- Where amount determined exceeds Rs 100 crore then prior approval central govt necessary before issuing declaration
Therefore, according to these provisions, it can be seen that:
- The collector cannot acquire any land without issuing a preliminary notification under Section 4 of LARR Act
- The collector has to give an opportunity to hear objections from interested persons under Section 6 of LARR Act
- The collector has to submit a report with recommendations on objections under Section 6 of LARR Act
- The collector cannot issue a declaration under Section 7 of LARR Act without considering the report and recommendations submitted by him/her under Section 6 of LARR Act
Hence, it can be concluded that:
The collector cannot acquire our land and construct a road on it without our permission
However, there are some exceptions and exemptions under which the collector can acquire our land without following these procedures or obtaining our consent. These are:
1) Urgency clause: Under Section 40(1) read with section 2(2)(a)of LARR act , if central govt satisfied due urgency situation arising out natural calamities/war/national security/defence etc then may direct Collector though no social impact assessment done yet but take immediate possession any waste/arid/land belonging central/state govt/corporation owned/controlled central/state govt/informal sector etc subject condition compensation paid accordance first schedule & rehabilitation & resettlement provided accordance second schedule
2) Consent clause: Under section 2(2)(b) read with section 41(3), if private company requests appropriate govt acquire its behalf then consent at least
You should file an application to the judicial magistrate under Section 156(3) of the code of criminal procedure for launching a criminal proceeding against him. He has been committing offences such as extortion, cheating and criminal intimidation.
All offences are cognisable and the judicial magistrate has the power to direct the station house officer of the police station to lodge an FIR. No need to approach the higher authority because when the alternative remedy has been given in section 156 crpc they'll not interfere in your matter.
A live-in relationship, also known as cohabitation, refers to an arrangement in which an unmarried couple lives together in a long-term committed relationship, often without being legally married. It is a consensual union between two adults who are in a relationship and decide to live together in the same household.
Thus, living with a woman in a live-in relationship does not constitute offence. If after solemnization of marriage your husband lives in a live-in relationship in the nature of marriage then it constitutes an offence.
Therefore, at this stage you have the right to break the agreement of marriage and claim compensation from the opposite party. Concealment of fact regarding the live-in relationship constitutes a valid ground for the cancellation of marriage.
Since your fiancé concealed this important fact from you, he is liable for the damages caused to your reputation and the mental distress you have experienced. It may not be advisable to file a criminal case for cheating, as there is a possibility that he may end his relationship and remain faithful to you after the marriage.
Related
DEO stands for Defence Estate Organization, which is responsible for managing and administering defence land and properties in India. The DEO maintains a record of all defence properties and their ownership details. This information is used to ensure proper management and utilisation of the properties.
In the context of a property dispute, the DEO register can be used as evidence of ownership. If the register still shows your uncle's name as the owner of the property, it may indicate that the sale of the property was not valid or legal.
You have breached the terms and conditions upon which the bungalow was given to your uncle. In this scenario the DEO has accrued the right to evict the inmates of that bungalow and also initiate legal proceedings for the cancellation of sale deed.
Transferring Unlisted Private Company Shares as a Gift: Stamp Duty, Processing Time, and Selling Restrictions. My father is planning to gift me some unlisted private company shares. We will register a gift deed and pay a stamp duty of 0.25% per Rs.100 of net worth. After that, we will submit the gift deed, share certificate, and share transfer form to the company. I have a few questions regarding this process: Can you please confirm the stamp duty to be paid on this transaction in Maharashtra? How much time does it generally take for the transfer of shares by gift to get recorded in the Registrar of Companies (ROC)? Can I sell those shares immediately, before the transfer of shares by gift is recorded in the ROC?
Stamp duty rates may vary depending on the state. In Maharashtra, the stamp duty for gift deeds of shares is 0.25% of the market value of the shares being gifted. However, it is advisable to confirm the current rates and any applicable exemptions or concessions with the local registrar or a legal professional.
The transfer of shares by gift may take some time to get recorded in the ROC, as it involves a process of verification and approval. The company will need to update its share register and notify the ROC of the transfer. This process may take a few weeks or even a few months, depending on the efficiency of the company and the ROC.
Technically, you can sell the gifted shares immediately after receiving them, but it is recommended that you wait until the transfer is recorded in the ROC. This is because the buyer of the shares may require proof of ownership, and the transfer may not be legally valid until it is recorded in the ROC. Additionally, if you sell the shares before the transfer is recorded, it may create complications in the future if the transfer is not completed for any reason.
Proof of possession if order under section 145 crpc passed in favour of defendant. A civil court passed a decree in an application filed by the defendant under Order 7 Rule 11(d) on the ground of limitation. An appeal is currently pending against this decree in the district court, but there is no stay order in effect. Subsequently, the SDM passed an order under Section 145 of the CrPC in favour of the defendant, and criminal revisions were also dismissed by the ADJ. The plaintiff then filed a writ petition in the HC for final hearing.
During the proceedings, the HC made inquiries about the defendant's possession of the disputed property, which was the subject of the earlier civil suit decided by the Order 7 Rule 11(d) decree. The plaintiff applied for the restoration of possession by making an application in the special civil suit, but the CJSD did not make any order in favour of the plaintiff. Now the question is how to prove the defendant's possession in the HC, and how the decree of the civil court and the CJSD can be helpful to the plaintiff in this regard?
Asked from: Uttar Pradesh
Order of Magistrate under Section 145 crpc (now Section 164 BNSS) is still in force, it prima facie proves the possession of the defendant. Because if the defendant was not in the possession the magistrate could not pass such an order in his favour.
You should also produce a copy of the mutation certificate to prove your possession. Electricity bill other government document issued in the favour of defendant residing in the disputed property is also a relevant proof of possession.
Related: SDM cannot attach property under section 146 crpc when a civil suit is pending before the civil court
Deceased's family members want to lodge a false FIR, how can I get my car released? I am a differently abled driver who drives a modified automatic car RTO, ARAI and International approved fitment meant of differently abled drivers having a valid driving licence for the differently abled driver, Personal health Fitness certificate issued by a government hospital, insurance and RC of the car registered as an invalid carriage. After almost 18 years of driving experience, I met an accident with a person despite being way below the speed limit and road work going on.
Later on, that person died after 4 to 5 hours in the hospital being alive and talking to people as I never fled the place but rather followed the person to the hospital behind an ambulance and informed the cops as the hospital authorities did not report the police in the initial hours of admission and was kept in loop that person suffered a broken elbow or knee to which they were treating the person. Relatives of that deceased person have not filed an FIR against me currently as informed by police so got bail.
I came to know about the information in the First information report when the investigating officer informed I have been booked under Section 279, 338 and 304a by the cops while recording my statement and its been 2 weeks since the incident where I was informed the impounded car will be released after RTO officials conduct a safety check of the car but it going to be 3 weeks so a bit worried if the relative of the deceased person who is 64 years sick and unaccompanied by any family member or friend at the place or vicinity of the incident may or may have lodged a false and frivolous FIR against me after a week which could be a delay in the release of the car.
The dead person was walking on the middle road suddenly rather than the footpath provided but I am facing a problem due to the fault of the deceased person. Please advise how to go about this case and also release my car from police custody as it depends on it for basic access to my job location and quite a few places.
Prima facie it seems that the deceased was going in the wrong direction. Your car was within a speed limit and you accompanied the deceased to the hospital and present there. All the offences are less serious and you'll never be arrested.
If the relatives of the deceased person want to lodge a false FIR against you in respect of the same incident, they have no right to lodge such an FIR. That FIR will be an example of abuse of process of law because more than one FIR in the same incident is prohibited by the code of criminal procedure.
If another FIR has been lodged against you then you should immediately approach the high court for the quashing of that FIR. You should file a writ petition to the high court under Article 226 of the constitution for quashing of FIR.
The high court may quash the FIR because one criminal proceeding in respect of the same incident is carried on. So far as release of your car is concerned, you should move an application to the competent judicial magistrate under section 451 crpc.
The section of the Code of Criminal Procedure (CrPC) that deals with the release of a seized vehicle is Section 451. This section specifies that when any property, including a vehicle, is seized during an investigation, the police or investigating officer must make an inventory of the seized property and send a copy of the same to the magistrate.
The magistrate, upon receiving the inventory, may order the release of the property to the person entitled to receive it, subject to certain conditions. The relevant provisions are outlined in Section 451(1) and (2) of the CrPC.
My wife fell off a train, and I received a call from her stating that she had fallen off the train at the railway station and was severely injured. When I arrived at the station, I found out that she had been hit by another train and had passed away. Is it possible to obtain the call details from my phone number through an RTI (Right to Information) request? Please help me.
If you need to obtain the call details from your personal mobile number, you have the right to do so. You can contact your service provider and request all details about the calls made and received from your mobile number. As the husband of the subscriber, you can also obtain the call details of your wife from the service provider. It's not necessary to use the Right to Information Act to obtain this information from the service provider. However, it's important to remember that such information is sensitive and should be handled carefully.
For your convenience translate has been given below.
यदि आपको अपने व्यक्तिगत मोबाइल नंबर से कॉल विवरण प्राप्त करने की आवश्यकता हो, तो आपका उसका हक है। आप अपने सेवा प्रदाता से संपर्क करके अपने मोबाइल नंबर से किए गए और प्राप्त किए गए कॉलों के सभी विवरणों का अनुरोध कर सकते हैं। उपभोक्ता के पति के रूप में, आप अपनी पत्नी के कॉल विवरण भी सेवा प्रदाता से प्राप्त कर सकते हैं। सेवा प्रदाता से इस सूचना को प्राप्त करने के लिए कानूनी तौर पर सूचना का अधिकार अधिनियम का उपयोग करना आवश्यक नहीं होता। हालांकि, ऐसी सूचना संवेदनशील होती है और सावधानीपूर्वक व्यवस्थित होनी चाहिए। यदि आवश्यक हो तो सही तरीके का पालन करें और उचित कानूनी सलाह लें।
