Expert Explains

Published: 06th February 2016 05:11 AM  |   Last Updated: 06th February 2016 05:11 AM   |  A+A-

190 flats in a Housing Board colony have a registered association. The bylaws were flouted by two members who have illegally partitioned the flat and sub-let the flat respectively. Can  action be taken? 

V Sivaswamy

You need to register your association under the The Tamil Nadu apartment ownership Act, 1994 also. Then the association can file an injunction suit against the two members who have flouted the bylaws and get relief from the court.

2HDFC uploaded my name with CIBIL as I had defaulted payment during 2015 for my refusal to pay reward redemption charge of `27.55. A claim of `42,000 was made. I settled with one time payment of `20,200.  But due to the CIBIL report, I am not able to get credit card.

G Niranjan

Nothing can be done as you had opted for one time settlement with HDFC.

3 Are the police legally allowed to use third degree methods during an investigation?

Rangarajan Iyer

expert.jpgIt cannot be legally allowed. Further, the Supreme Court in D K Basu’s case has provided one more safeguard against such custodial torture with the direction no. 8 which is as follows: “The arrestee should be subjected to medical examination every 48 hours during his detention, by an approved doctor appointed by Director, Health Services. Director, Health Services should prepare such a panel for all tehsils and districts as well.”

4  Our tenant tampered with the power supply, which resulted in `20,000 penalty and `5,000 for presumptive consumption. Since the tenant is refusing to pay, can civil suit be filed?

M V Bhargavan

Yes. You can move the civil court for recovery of the amounts paid to the electricity department.

4  Which law governs affixture of thumb impressions and whether the said act by a person is gender specific or gender neutral?

V Venkateswaran

Under the Oath Act, 1969 any person who swears an affidavit will have to sign or a fix signature. It is gender neutral.

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