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CIssue an Eviction Notice. Then file an Execution petition in the court having jurisdiction. Then either Lock your property or evict them, with the help of police.
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Edit: Below comment is SOMEWHAT right. My answer is based on the assumption that OP has the decree since he mentioned bank is illegally occupying his/her/their premises.
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I have to add one more thing. Generally, rental agreement with banks have an ARBITRATION clause. All the relevant laws are subject to Arbitration & C act.
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Eviction suit is referred to as Suit for Possession ….. It is to be filed in district court. Rent Tribunal, if it is functional in your state, then it only determines what is to be referred (few things as mentioned in Rent Control Act) by the court.
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Some comment is referring to some Statutory provisions since it is a bank. No such special provisions exist for your situation. Banks are commercial entities and treated accordingly. Hope it helps.C>XYZ is not helping. Police asking for bribe.Two different sentences, open to multiple interpretations. Criminal laws are STRICTLY interpreted i.e. only ONE meaning can be made out of the impugned statement. So NOTHING will happen. Relax.
C>whether the authorities might pursue action against meNo. Don’t worry. You made a general statement without specifically mentioning the police personnel. No case can be made out.
>can police refuse to file an FIR for family matters ?
No, not all. Domestic Violence is a crime. There are multiple avenues that can be explored. After police refused to file FIR, then try SHO(head of the PS). Then can approach DCP/SP or file magistrate complaint. Also, concurrently approach the women commission.
CLet me understand! You are buying a flat from private limited company? Please be very precise. Is it limited by shares?
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Companies limited by shares, irrespective of private or public, always have a pan card. No aadhar card.
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The directors who are selling, do they have the valid power of attorney? Is there any ongoing cases against the property or the company?
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Advice, hire a local advocate dealing in property related matters. It is not as simple as you may think. Also, there are many situations whereby during ongoing bankruptcy proceedings, the company is disposing its assets to multiple buyers.CAs mentioned above, CPA read with LMA majorly deals with it. Contract cannot supersede statue. So,NDAs won’t work. If your objective is to protect your manufacturer’s identity then just create CiM( company in middle).CIf one company manufactures and any other(not parent/subsidiary/associate co.) sales(incl. distribution), then BOTH needs to be mentioned. Refer Legal Metrology Act, 2009 and CPA, 2019 along with rules.CCorporate lawyer. Read the T & C(under legal heading) in the standard agreement. There you will find the address and jurisdiction. Make sure to file in the appropriate consumer court.CIt is a great opportunity. Don’t let the glass-half-empty side of yours ruin it. Be optimistic.
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Assess risk-reward. Don’t expect good things in life without risk.CThere was a white paper regarding Class Action lawsuits in India, how to be introduced, etc, before the introduction of Companies Act, 2013. Even it was there in the preliminary draft bill. Later on it was removed. One can speculate that it is because of the corporate lobby.CQuashing of FIR, only done by the hon. High Court by using its inherent power.
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Yes, if the ground for quashing is settlement then make sure the complainant says so in the High Court too. The High Court will ask him, while he is physically present there, despite notarized settlement agreement in stamp paper.
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Offense can also be compounded, if it’s your first offence and that the sections mentioned in FIR, is under the first schedule BNSS.
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Go for quashing. If it fails, then compounding. Don’t rely upon the police to file a closure report in your favour.CHi OP, sorry to see this happen to you. The high-handedness of public bank employees is increasing a lot.
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Let’s move step by step. First try filing a written complaint with the SHO or SP/DCP, take a receiving. Mention the details and name of the police personnel. This will pave the way for magistrate complaint, even if no action is taken.
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Now file a complaint in magistrate court, with all the proofs, attach recordings, etc and receiving of the complaint filed with the SHO/SP/DCP.
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After this, everything will gradually work in your favour. Let me know.CNOC is only required, if the building is registered in society’s name and the portion(flat) is allotted to you + with condition requiring prior approval before sale/gift. If both of these conditions are inapplicable in your case, then NOC is not required. However, if those two conditions applies, then it can be bypassed by using power of attorney.
