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Anonymous

Posted 8 months ago

Hi sir, My college is refusing me to give transfer certificate demanding to pay full course fee. I have only studied one year in their college how can I pay full course fee.please suggest me what to do legally
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A. send a demand notice prepared by an advocate asking the college authorities to issue you the transfer certificate within 30 days. Make State Higher Education Department also a party in the notice. Thereafter file a Writ in the high court against all the parties mentioned in the demand notice.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Kirtica Rajpal

Posted 8 months ago

I enrolled myself for five year holiday plan from jukaso journeys. They have not kept their commitments and are neither returning the money.....pl. help
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A. Send a 14 days legal notice for refund of money with damage claims. If they don't reply or refund the money within the stipulated time period, file a complaint with the consumer forum. Parallelly you can file a criminal proceeding under Indian Penal Code for cheating and fraud.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
I have a query that can a non technical person be a head of technical department just because he is an IAS. Most of the technical departments in state government such as District Development Authorities, Power etc. have an IAS as the VC or MD who sits over experienced and senior technical persons without having any technical know abouts and thus ensuring that right decisions are not been taken for the developmnent of people. Also there is no fixed rule defined for giving these posts to bureaucrats. If the revenue of authority is high then it is given to a senior IAS eg. Noida Authority and if revenue is less it is given to a PCS or Junior IAS eg. Saharanpur Authority. The country is fast becoming slave to ego of bureaucrats
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A. I agree with Retired Justice Mr. Kishan Dutt Kalaskar, this is certainly a matter of public concern and can only be resolved by PIL. Thanks for bring your concern about this matter in this forum. We'll see what best and how soon this matter is taken up by SC.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Me and my gf want to marry without parents permission is this possible if we go through court marriage
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A. Yes provide you both attain the age of majority. For boys its 21 years and girls its 18 years. The parties to the marriage are not within the degrees of prohibited relationship; neither party has a spouse living; neither party -------(i) is incapable of giving a valid consent, (ii) has been suffering from mental disorder, (iii) has been subject to recurrent attack of insanity or epilepsy, and the parties are not sapindas of each other.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Can we marry secretly in temple and after that we will register our marriage in court...will court send notice to our parents?
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A. Yes you can do the marriage in the temple in the presence of witnesses with video recording and get the marriage registered in the court. No notice will be sent to the family. You can contact an advocate who will assist you with court marriage.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 8 months ago

Hi, My mother has given me her property before her death and as a document proof, I have affidavit-notary (made by lawyer) but due to lack of lawyer's knowledge, the document was not registered in sub register/court office. Can the same affidavit-notary document can be considered legal and given to our society(building committee members) and get the property transferred in my name ? Please advise and thanks in advance ! :)
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A. What is the nature of this document which you are referring to.? A proper vetting of the document needs to be done before coming to any conclusion. Besides a question arises if there's any other surviving claimer who might have an interest in the property. A lot of aspects needs to be kept in the mind. You may approach any local lawyer through Vidhikarya.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Sir /Madam, I Married a girl, who already got divorce from another boy in the year 2015 and got 5.5 lakhs settlement. Since I wish to give a new life who suffered already in their life, I did not inquire about that girl and about her family. I met that girl from matrimony website and I trust her & her family and had grand marriage in my expenses at chennai. She never brought even a single rupee. After 6 months she started quarrel with me often and gave me pressure that my mother should not stay with me. My mum is already 70 years old. she is very silent. Since I did not agreed for that she left home and went to her home in bangalore and filled maintenance case. I had a hearing on last month on 07/06/18 and judge suggested me to come and settle in bangalore and suggested to leave my home in my relatives house for some time. Still I did not filled a counter-file for the case she filled, but appeared the court on 08/07/18 and need to reappear on 04/08/18. I am getting hearing every month. now I am unable to attend the court next hearing through september 15th. shall I avoid appearing court for next 2 hearings Please advice Prakash
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A. You must not avoid court proceeding, as this might give a wrong impression about you and adverse order might be drawn by the court. You should oppose her maintenance application on the ground that she has refused to live with you without any reasonable grounds. Make a submission to the court that she has put conditions to start conjugal life with you unless you leave your 70 years old mother. You can refer to many judgements where court has refused to allow maintenance to an estranged wife refusing to live without any reasonable grounds in her matrimonial household. In the meantime you may file a divorce petition on the ground of cruelty as she is trying to pry you away from your “pious obligation” to live with and take care of your aged mother. Provided a divorce petition under the Act, can only be presented after one year has elapsed from the date of the marriage. If not, then you should file a petition in Chennai for restitution of conjugal rights under section 9 of HMA and get a decree in your favour. On completion of one year of the marriage you can file a divorce petition. Note: Refer to the Supreme Court landmark judgement of Justices Anil R. Dave and L. Nageshwara, that a Hindu son can divorce his wife for the cruelty if she trys to separate him from his aged parents. A woman becomes a part of the husband’s family and cannot seek to separate him from his parents for the sole reason that she wants to entirely enjoy his income.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Sir As it's mother property. Two son one daughter.. both son married. Sister married but it's divorced and staying in mother home. Father expired... after that my elder brother died.. Now my elder brother wife asking share that is part of my husband share.. as my elder brother married against parent... it's love marraige. Now she asking share as my elder brother has one baby daughter 11 years old. Now mother will not accept as a son wife as it's against marriage. Does son wife claim her share. Please clarify
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A. During the lifetime of mother-in-law, a widow daughter-in-law is not entitled to claims on the self-acquired property. However a widow daughter-in-law has a right of residence in a shared household under the Protection of Women from Domestic Violence Act. If mother-in-law has expired and bequeathed the property to any surviving sons or daughter, then the widow daughter-in-law and her children will not be entitled to claim on such self acquired property. However, if the mother-in-law died intestate, then the children of the widow daughter-in-law has a right of a share in the grandmother's property. Note: The SC in the SR Batra versus Taruna Batra case had also held a house which was the exclusive property of a mother-in-law could not be said to be a shared household during her lifetime. Accordingly, Section 4 of the Hindu Adoption and Maintenance Act, any liability in respect of maintenance of daughter-in-law in the vent of the death of the son cannot be fastened upon the self-acquired property of the parents-in-law.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
I have purchased a flat from a renowned builder. In agreement they have mentioned that Flat owners cannot do any wood work from outside vendors. And they are insisting to do the same through their home grown interior decorators. However, i want to have that work done by someone who is expert and these people are not. What options do i have ? Can i ask them an NOC from the builder? Can builder deny me the NOC and force me to take interior decoration only from them?
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A. Need to go through the booking agreement to find out if there's an arbitration clause in case of dispute arises. There's every possibility builder refusing your request and wont issue a NOC. So you're are left with on other options but to protest against those unprofessional men who are at work. However, It's difficult to prove in most cases and make out a good case, unless you have some video recording about these men. What best I can suggest as of now is follow this steps: 1) The first step of redressal is to approach the developer directly. If you have already done that you can give him a legal notice that you want the interior to be done by experts who are professional in this field or stop work and pay compensation. 2) If the developer is a member of CREDAI and in case he is not obliging, the grievance can be taken up with the CREDAI Chapter in the city having the Customer Redressal Forum to find solution. You can file a complaint online (Check the website https://credai.org/register-your-complaint) (a) Once the complaint is received, it is duly filed, serial numbered and sent to the members against whom the complaint has been filed. (b) He then has to respond within a stipulated time from the date of the receipt of the letter. In case the response within the said period is not received, the same is to be brought to the notice of the Grievance Committee for action. The receipt of the comments from the Member, same shall be sent to you (the complainant). (c) If deemed necessary by the committee, the members of the committee may carry out inspection at the site. (d) If the you (Complainant) is not satisfied by the reply of the Member and if issue is not resolved the committee shall call both the parties for personal hearing and tries to resolve the issue with a suitable order and close the matter. 3) Consumers who have bought property with non CREDAI builders can approach the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION website (http://ncdrc.nic.in/). 4) Make a complaint to RERA 5) The last resort for an aggrieved consumer is to take legal action by filing a case in the consumer / civil / criminal court depending on the nature of the issue.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 8 months ago

Hi, We are total 6 children==> 2 Sons (A and B), 4 married daughters (C,D,E and F) of Mrs. "X" (Widow). 1) One lady G (Not a family member) gifted her own property to Mrs. X. 2) One Son "B" (unmarried) of MRS. "X" died. 3)After that Mrs. "X" (property owner) also died. 4) Now the son A is paying all the maintenance of that property, which is in the name of her Mother "X" (non ancestors property) since last 18 years and staying in that property (non-ancestors property) with his wife "Y" and son "z" , so now can the other 4 married-daughters (C,D,E,F) can claim on MRS. "X" property (which is non ancestor property) after 8 years of their died-widow mother (Mrs. "X" ) and force there brother "A" and his family to sell the property for the share? Please advise.
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A. All the legal heirs of deceased X are entitled to equal share of the property acquired by gift deed. This includes four daughters of deceased X. Unless there is a Will and it had been bequeathed to you or your son, you cannot hold your four sisters from getting their share in the property. You cannot claim for maintenance as you had been enjoying the said property along with your family for 18 years. File a partition suit and let the court decide. As long as the case is pending you can enjoy the property as you had done these last 18 years.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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