Category Archives: Useful Information

Maharashtra Motor Vehicles Rules 1989

PREAMBLE

In exercise of the powers conferred by Sections 26, 28, 38, 65, 107, 111, 138, 159, 176 and 213 of the Motor Vehicles Act, 1988 (59 of 1988) (hereinafter referred to as “the said Act”), read with Section 22 of the General Clauses Act, 1897, and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes, the following rules, the same having been previously published as required by sub-section (1) of Section 212 of the said Act, namely:–

CHAPTER I
PRELIMINARY
1. Short title and application

(1) These rules may be called the Maharashtra Motor Vehicles Rules, 1989.
(2) They shall, save as expressly provided otherwise, apply to, and in relation to all motor vehicles in the State of Maharashtra.

 

 

 

Adjudication of Stamp Duty in Mumbai

What is the meaning of adjudication of stamp duty?

Adjudication of stamp duty means to pass a judgement or to adjudge how much stamp duty is payable for the registration of a particular document. When the quantum of stamp duty is variable and not fixed, it may often lead to confusion as to how much stamp duty is payable. If the stamp duty is under paid, the document may not be admissible as evidence in a court of law. Hence, to determine stamp duty payable, the government offers an adjudication services, where the government officer examines the document and determines what amount should be paid as stamp duty. This adjudication is final and binding on the government in the particular matter and gives peace of mind to persons wanting to pay the correct amount.

Determination of the stamp duty by process of adjudication is binding on the government, but if the parties to the document want to challenge the decision of adjudication they can do so (see below).

Which law governs the adjudication of stamp duty in Maharashtra?

  • Section 31 of Maharashtra Stamp Act
  • Maharashtra Stamp (Determination of True Market Value of Property) Rules,1995

What type of documents can be adjudicated upon? When can the stamp duty of a document be adjudicated?

A document which is executed or not can be adjudicated upon. Similarly a document on which stamp duty has been paid or had not been paid can both be adjudicated upon.

What supporting documents need to be submitted for adjudication of stamp duty?

1. Application for Adjudication in the given format.
2. Application with Court Fee Stamp of Rs. 5 (in the form of court fee label)
3. Original document which is the subject of adjudication and a copy of the document
4. Papers/proofs showing the basis on which valuation/Stamp Duty should be calculated and an affidavit to that effect, if needed

What is the fee payable for adjudication and how should it be paid?

Rs.100 are the fees for adjudication as per Article 31 of Maharashtra Stamp Act. The fees are payable in cash at the counter of the Stamp Office.

What is the timeline for adjudication of stamp duty?

Adjudication is done within 45 days of submitting the application along with fees and required documents which substantiate the applicant’s claim for determination of market value and stamp duty.

What if the adjudication is not completed in 45 days?

A complaint can be filed with the Joint District Registrar (JDR) of the Stamp Office, who is the person responsible for the adjudication.

The matter can be escalated to the Additional Controller of Stamps in Mumbai City and Mumbai Suburban District.

It can be finally escalated to the Deputy Inspector General of Registration of the concerned region and an email sent to [email protected]

Can a person challenge the adjudication of Stamp Duty which has been determined by the stamp office?

Yes.

If the valuation of the property is disputed, an Appeal under section 32 of the Maharashtra Stamp Act can be made to the Additional Controller of Stamps in Mumbai and to the Deputy Inspector General of Registration for rest of Maharashtra.

If classification of document or calculation of Stamp Duty is disputed an Appeal under section 53 of Maharashtra Stamp Act to the Inspector-General of Registration and Chief Controlling Revenue Authority can be made within 60 days of the order of adjudication.

If both, the Valuation and classification of document/Stamp Duty calculation are disputed, an appeal to Chief Controlling Revenue Authority and Inspector-General of Registration can be made.

City Civil Court Purpose of Hearing List

Are you confused about the Status of a Case in the City Civil Court? This article explains what the case status means in the City Civil Court in Maharashtra.

  1. JUDGMENT
    After hearing the arguments (oral submissions) from both the parties to the proceedings, Court is to fix the date for Judgment (Final Order).
  2. ARGUMENT
    After recording of Evidence from both the parties, Court hears oral submission from both the sides in support of their respective stand. The process of hearing such oral submission is known as Argument. At the time of argument respective counsels for the parties put forth their submissions with citations to convince court on the issue in question.
  3. EVIDENCE (PH) / Evidence (Partly Heard)
    When the process of recording of evidence is initiated and matter adjourned for recording further evidence by giving next date, stage of such matter is notified as evidence (partly heard).
    When the evidence of the defence is to be secured, the state Evidence (Defence) is mentioned. In criminal matters instituted by other wise than police report, evidence is also recorded before issuance of process, the state Evidence Before Process is mentioned in such matters.
  4. HEARING
    Hearing includes recording of evidence or also hearing of arguments i.e. Oral submission by the parties.
  5. U/S 313 OF Cr.PC
    The criminal case is fixed for this purpose to record a statement of accused on the point of incriminating evidence collected against him during the course of trial.
  6. NOTICE (READY)
    When notice is required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Notice (Ready) is given.
  7. SUMMONS (READY)
    When summons are required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Summons (Ready) is given.
  8. CHARGE
    At this stage court prepares a document on the basis of which charges levelled against an accused are read over and explained to him and to which he either pleads guilty or claims a trial by denying the charges leveled against him.
  9. FIXING DATE OF HEARING
    When matter becomes ready/effective to under take hearing, court use to fix date for hearing of the said matter.
  10. PAPER BOOK
    To facilitate hearing of the appeal (both civil and criminal), copies of relevant documents in the proceedings are prepared on depositing costs by the appellant or party requesting for the same. A bunch of such document is known as paper book. The work of preparation of paper book starts after the receipt of Recorded & Proceeding from trial Court and all respondents are appeared in the matter then file send to paper book section for preparation of paper book.
  11. NOTICE (UNREADY)
    When notice is requried to be issued to the party to proceeding at the initial stage of its trial i.e. state notice (Unready ) is given.
  12. AWAITING SUNMMONS
    When summons are issued against party to the proceeding, matter is kept pending awaiting report of service of such summon.
  13. N.B.W.(READY)
    When Non bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such NBW or awaiting report of the same.
  14. B.W.(READY)
    When bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such BW or awaiting report of the same.
  15. N.B.W. (UNREADY)
    When Non bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such NBW or awaiting report of the same.
  16. B.W. (UNREADY)
    When bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such BW or awaiting report of the same.
  17. ADMISSION & DENIAL
    In every proceeding, parties file several documents. To curtail volume of evidence to be adduce, at this stage parties are called upon to either admit or deny the documents filed by other side. Excluding the admitted facts, issues are framed by the court. Parties are required to adduce evidence on the issues framed as per burden of proof.
  18. AWAITING R & P OF LOWER COURT
    When record and proceedings of lower court is ordered to be called for, writ for the same is issued. Matter is posted awaiting Record and Proceedings of lower court..
  19. R & P (READY)
    When during the course of hearing of the matter record and proceedings from other court is called either suo moto by the court or on the request of parties,this stage is given to the proceedings either for calling such R&P or for awaiting the same.
  20. FILING OF V.P.
    When party desires to engage another advocate or advocate for party just appears and files pursis/appearance memo; and seeks time to file vakil patra, stage filing of V.P., is assigned to the matter,.APPEARANCE :
  21. FILING OF V.P. (UNREADY):- When filing of vakil patra becomes necessary at the middle stage of the proceedings/trial, this stage is given.
  22. ORDER
    In proceedings after hearing both the sides several misc. applications are to be decided by passing orders. In addition to this several consequential orders on failure to appear, failure to comply with the directions issued by courts are to be passed. Stage order is therefore fixed in such matters.
  23. ORDER ON EXH
    When order is to be passed on interim application, stage order on exhibit number of such misc. application is given.
  24. FILING OF VAKILPATRA:- Pl. refer explanation of stage shown at sr.no. 20 and 21 above.
  25. FILING OF SAY ON EXH____(READY)
    When party files misc. application seeking interim relief during the course of trial, court use to call say of other side. If at such stage matter is in ready state, this stage is known as Filing of say on Exh. (Ready).

More…..coming soon.

What is Registered Post AD? How to send Registered Post with Acknowledgement

Lawyers very often send letters or legal notices to people through Registered Post A. D. also known as RPAD or Registered Post with Acknowledgement Due or Register Acknowledgement. This article explains why Registered Post is used and how to send a letter or parcel through Registered Post.

What is Registered Post with Acknowledgement Due?

“Registered Post with Acknowledgement Due” is written on any postal article, for which the sender wants a proof or acknowledgement of delivery to confirm that it has been received by the addressee or his representative. The acknowledgement is “Registered” in the Register of the postal authority and a proof of the delivery is also given to the sender.

The fee for adding an Acknowledgement Card is Rs. 3 extra. The Acknowledgement Card is delivered back to the original sender by ordinary post.

What type of postal mail can be registered?

All postal mail except for Post Cards can be registered.

This includes:

  • Letters
  • Parcels
  • Journals
  • Books

Why do we use Registered Post?

Registered Postal Article details are entered into a special register, which ensures proper delivery of the article. Ordinary post which is dropped in the post box or at the counter of the post office is not registered and there is no proof of delivery available for it.

Can we use Speed Post or Private Courier services in place of Registered Post? What is the difference between Speed Post AD and Registered Post AD?

You can use Speed Post or Private Courier for delivery of notices and court procedures, unless the law specifies that delivery must be made by Registered Post only. The reason why Registered Post Acknowledgements are conclusive proof of delivery is because it has been delivered by a government employee as per strict procedure of registering the document in the postal notebook and also taking a signature of the recipient when it is delivered.

Can we send a Registered Letter or Parcel without attaching an acknowledgement?

Yes. If the Letter or Parcel does not bear the words “Acknowledgement Due” or “AD” or indicate that an acknowledgement is required, the letter will be registered but no acknowledgement card will be sent to the sender. Mere registration that it has been delivered will be made in the postal register. Thereafter the sender can pay an additional fee and get a certificate of delivery from the postmaster.

How do we send a Registered Letter or Registered Parcel with Acknowledgement Due?

Steps to send a Registered Letter / Parcel with Acknowledgement Due Card:

1. On the Registered Letter or Parcel at the top left corner or above the name of the addressee, clearly mention the words “REGISTER ACKNOWLEDGEMENT”  or “REGISTERED POST A/D” or “REGISTERED” or “REGISTERED POST WITH ACKNOWLEDGEMENT DUE” or “Regd. Post A/D” or even “Regd. A/D”

2. Fill in a Registered Post Acknowledgement Card:

The Card can be obtained free of cost from your nearest Post Office. You can also buy bundles of 50 cards by paying a nominal fee. You can also get the card photocopied and use it.

Fill up the front of the card Sender’s Address with your address in the three lines provided. Fill in the most accurate address, so that the card comes back to you. Fill in the PIN code correctly.

Registered Post AD Card Front

Registered Post AD Card Front

At the back of the AD Card, you will need to fill in the following (as shown in blue):

  • Select Registered Letter or Registered Parcel or Fill in the blank _______ if it is a Book / Journal etc.
  • In the Dated field enter the date on which you will post the letter / parcel
  • In the Addressed To field mention the receivers complete name and address.

 

Registered Post AD Card Back

Registered Post AD Card Back

3. After making the payment for the letter / parcel, retain the receipt so that you can track the parcel in future.

Once your parcel / letter is delivered, the Addressee must fill in the Date on which the letter / Parcel was Received and also Sign / Stamp the AD Card (shown above in red).

How do I track the delivery of Registered Post?

You can track the delivery of the document by visiting: http://www.indiapost.gov.in/ Nowadays tracking of the Registered Articles and Speed Post can be done by SMS. Sometimes, if your mobile number is properly entered, you will automatically receive an SMS upon delivery.

If your document was delivered but you didn’t receive the AD Card back or your document was undelivered or the status is not known, then you can place a complaint at: http://ccc.cept.gov.in/ComplaintRegistration.aspx

Note that the AD Card is returned to the sender by ordinary post and given ordinary priority. You may want to check with your post office or wait for a few days before complaining.

After placing a complaint, you will receive a letter in writing, stating whether your document was delivered or not. Additionally you can apply for a Proof of Delivery of the document in future.

Floor Space Index (FSI) in Mumbai. Explanation with images

What is the meaning of Floor Space Index (FSI)?

Floor Space Index is the ratio between the liveable area on all floors of the building to the actual area of that plot of land.

It is also known as the Floor Area Ratio i.e. the ratio between the sum of all floors and the Area of the plot of land.

Floor Space Index (FSI) in Mumbai

Floor Space Index (FSI) in Mumbai where FSI = 1

Floor Space Index (FSI) in Mumbai where FSI = 2

Floor Space Index (FSI) in Mumbai where FSI = 2

 

Section 2 (42) of the Development Control Regulations for Greater Bombay, 1991 state that:

(42) “Floor Space Index (FSI)” means the quotient of the ratio of
t h e combined gross floor area of all floors, excepting areas specificallyexempted under these Regulations, to the total area of the plot, viz. :—

Floor Space Index (FSI) =

Total covered area on all floors
—————————————
Plot area

Which law(s) govern Floor Space Index in Mumbai?

The Development Control Regulations for Greater Bombay, 1991 defines FSI and state its regulation.

What is the Floor Space Index FSI in Mumbai?

Section 32 of the Development Control Regulations for Greater Bombay, 1991 deals with Floor Space Indices and Tenement Density in Residential, Commercial and Industrial Zones.

The maximum permissible Floor Space Indices and tenement densities for various occupancies and locations and for various use zones are given in Table 14 of the Regulations.

Floor Space Index values as per Table 14 for New Residential Buildings


Location FSI Value
Island City 1.33
The area earmarked for BARC from ‘M’ Ward and the areas
comprised in “N” ward bounded on the west by Eastern Express Highway; on the North by northern boundary of ‘N’ Ward on the East by Thane Creek and on the south by the northern boundary of N Ward.
0.75
Akse, Erangal and Marve in the P North Ward and Gorai and Manori in the R Ward excepting gaothan proper 0.5
Remaining Suburbs and Extended Suburbs including gaothans 1.0

What is the Floor Space Index for redevelopment or reconstruction of Old / Existing Buildings?

Section 33 of the Development Control Regulations for Greater Bombay, 1991 deals with Additional Floor Space Index which may be allowed in certain categories:

(7) Reconstruction and redevelopment of cessed buildings in the Island City by Co-operative Housing Societies or of old buildings belonging to the Corporation:—
For reconstruction / redevelopment to be undertaken by Cooperative Housing Societies of existing tenants or
by Co-operative Housing Societies of landlords and/or Occupiers of a cessed building of ‘A’ category in Island City, which attracts the provisions of MHADA Act, 1976,
and
for reconstruction/redevelopment of the buildings of the Corporation constructed prior to 1910,
the floor space index shall be 2.5 on the gross plot area or the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III, whichever is more.

Provided, however that with the previous approval of the Government,
MHADA/Corporation shall be eligible to get additional incentive FSI over otherwise permissible FSI as specified in Annexure III of these Regulations.

Provided further that in cases of composite redevelopment scheme for plot having ‘A’ category as also ‘B’ category cessed buildings the above FSI shall be available.

Provided further that in cases of, reconstruction/redevelopment of buildings which have been declared as unsafe by the BHAD Board prior to monsoon of 1997. the above FSI will be available irrespective of category cessed building.

Provided further, that reconstruction/redevelopment undertaken by proposed Cooperative Housing Societies of Landlords and/or Occupiers of a cessed building of ‘B’ category, and where composite development is undertaken by different owners of 5 or more plots the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III will be available.

What is Fungible FSI?