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munnish

asked On 21 October 2014 at 11:21

This Query has 8 replies


latest ruling on maintainability under 138 n.i act


sir pls tell me the latest authority under sec 138 n.i act for maintainability where complaint has to filed. if possible with send the judgement with this regard... with regards.



Sundram N

asked On 21 October 2014 at 10:06

This Query has 3 replies


Appeal against quash order on jurisdiction base


Dear Sir

kindly suugest that, my quash petition was based on false alegation as indicated prima facie from FIR and on base of jurisdiction.

false alegation in 498a was on based to proof on my evidence and description of FIR itself because wife side extorted money from me in lot of time and up on closing to give money as per her demand, she and her side arranged gunda that was based on recording in my mobile as well as diary lodged in police station from my side.up on filing diary in police station, she filed false case u/s 498a.

another side, wife is with me from last 14 years in west bengal and case is filed in bihar going to her parent place under preplan base.

in this sitauion of facts, high court ordered to raise the ground in lower court at the time of framing charge and dismissed my quash petition.

i want to take your valuable advice what will be benefecial for me from the below alternative :-

1. file appeal immediately before supreme court to interfare with the order of high court,

2. wait for framing charge by lower court. after that file for discharge case .

3. if lower court go against me then file before high court again. and if high court go against me then put before supreme court.

kindly share your expert veiw on the above alternative. so that i can go ahead.



S.D. Singh

asked On 21 October 2014 at 09:53

This Query has 4 replies


Charge framing


WHETHER WHILE FRAMING CHARGE, MAGISTRATE CAN ALTER, ADD OR DELETE THE SCETIONS AS MENTIONED IN CHARGE SHEET OF POLICE. WHETHR COMPLAINT OF FIR MAY ALSO REQUEST FOR ADDITION OF SECTION WHICH IS NOT INCORPORATED IN CHARGE SHEET.



surjit singh

asked On 21 October 2014 at 09:36

This Query has 4 replies


Appointment of commissioner after judgement


In a Civil suit the where the case was the plaintiff was dispossed after one and half years of taking possession from a piece of land by the defendant under the pretex that he bought the land much earlier from the seller. The petitioner bought the land from the brother of the seller being the share of the other brother.
Now the judgement has been passed in favour of the plaintiff ordering that the petitioner will approach the court for appointment of commissioner through his counsel and thereafter the petitioner will take possession of the land.

My query is
1. Since there is a direction for appointment of commissioner for taking possession whether the plaintiff will have to file an execution case for it or to file an application for appointment of commissioner for taking possession.

2. Whether it is advisable to file an application for cancellation of the sale deed of the defendant before the Registering authority, because the area of land shown in the sell deed of the defendant is more than the share of the seller(brother who sold to the defendant, which has been upheld in the judgement.



Raj

asked On 21 October 2014 at 09:04

This Query has 8 replies


Need advice on filling one section of passport


Hi all,

Firstly sorry if this is a dumb question and simple one. I am not having any clue, so need help.

My passport got expired in Feb 2013 and I am about to apply for renewal. The problem and query I have is about filling one point in passport which asks "Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending
before a court of India?" . I had met with an accident in year 2005 and there was a court case for which I paid fine and come out clean ( I have final report/charge sheet with me in which the 'Status of the accused' says 'Bailed by Police'). The case had 279,337,338 IPC mentioned in that. Does it fall under 'criminal proceedings'. Do I have to fill that question as 'yes' or shall I go ahead with 'No' ? And there are no arrest warrant/or Summon pending before any court of India. Please advice. I am confused and need clear guidance. If I say, 'Yes', will my passport gets rejected for some reason? This is just a simple accident case where the other party was injured. He has anyway applied for some amount from Insurance company. If its not a criminal case, shall I just fill it as 'No' and go ahead with applying for renewal ?

Thanks in advance,

Regards, Raj



Balasubramanian

asked On 21 October 2014 at 07:47

This Query has 9 replies


Fungible fsi,mumbai.


Fungible FSI,Mumbai.Commercial Complexes.

We are the members of B.H.C.Municipal market licencees's association not registered still.In 2004 Municipal Corporation had invited private players to develop the municipal markets for whatever reason,as laymen we do not know. We had given irrevocable consent letters to RNA Group's GA Builders to redevelop the market in 2004.he had promised us 20% increase in existing area of ours and an alternate place during the construction period or monetary compensation during the construction period (i.e.rent +Corpus fund),now due to market conditions or the elder family member passing away they feel the oral commitment made by the elder is not viable or feasible now and say we can give you only a certain sum not fixed as corpus or whatever you may name it and that too in monthly instalments only.
area of our gala is 154 sft each.
My contention is since as per 6,Jan 2012 Maharashtra Government notification w.r.t.fungible fsi,as such we are eligible for free 20% increase in fsi legally as exisiting tenants and he has not shown us any favour and we have to get additional 20% increase in fsi as promised by the redeveloper in our proposal then in 2004,as he has got his plans passed in 2014,when fungible fsi is applicable.He says he has lost lot of fsi which was available to him to free that time i.e.before 2012 and is not possible to pass on this fungible fsi to us in addition.
But the IOD Condition given to him by BMC in march 2014 clearly mentions he has to obtain a General Body resolution of members of the association for utilization of fungible fsi to the existing tenants, please advise!

N.V.Balasubramanian.



Amulya

asked On 21 October 2014 at 06:59

This Query has 3 replies


Division based on enjoyment plan


Dear Experts,

My father got his share of ancestral property along with his brothers. He has patta passbook that specifies his share of survey numbers in Telangana state. However, the land is being repartitioned again. The land has been surveyed as per enjoyment plan. There are no teepans, no field measurement books, no stones etc. We got it surveyed a couple of times, and we got different extents. We do not know where the starting point is and the boundaries are by estimation only (the ending points of neighbors cultivated lands). In view of this, do we settle this with mutual discussion (and go as per enjoyment plan) or ask for an authorized person to mark the boundaries, so that we will have no hassles in the future.
Thanks in advance for any information.



rajender

asked On 21 October 2014 at 06:39

This Query has 3 replies


Application under order 9 rule 7 cpc allowed


RESPECTED EXPERTS,
THE DEFENDANT HAS BEEN EXPARTE AS THE SUMMONS WERE AFFIXED THE DOOR AS THE REASON MENTIONED BY THE SERVING OFFICER THAT THE DEFENDANT WENT TO ANOTHER VILLAGE.

THE EXPERTE ODER DATED 06-07-2014.
Q1.NOW THE DEFENDANT HAS CAME KNOW ABOUT THE CASE RECENTLY.WEATHER THE SET ASIDE PETITION IS ALLOWED WITH OUT WRITTEN STATEMENT AS WE HAVE NO TIME TO FILE WRITTEN STATEMENT OR NOT .
Q2. IF NOT ALLOWED WITH OUT W.S WHAT IS THE PROCEDURE WE HAVE TO BE FOLLOWED SIR.
IF ANY CITATIONS REGARDING THIS ISSUE PLS PROVIDE SIR.
THANK YOU SIR.



Guruswamy Basavaiah

asked On 21 October 2014 at 02:53

This Query has 8 replies


Gpa from son to father and daughter selling ancestral property


I am purchasing a plot from a newly developed layout. The layout is developed over land belonging to two person. They are brother and sister. This is their ancestral property and the partition papers are registered.

Brother as two children and children have given GPA to their father over 200Rs stamp paper and its notarized.
And sister have children and they are not coming for the registration.

Questions:
1) In the first case, if the GPA done from sons to father with 200Rs stamp paper and notarized is enough for registration or the GPA needs to be registered ? (Developer says, for near blood relation this should be enough.)

2) Do the sister's children need to give NOC for the sale of sister property. ? (Developer says property came from partition to daughters is not ancestral property, hence children NOC is not required.)

Thanks in advance.



JAVED AFZAL

asked On 21 October 2014 at 01:33

This Query has 5 replies


Quashing of fir by joint petition u/s 498a


Dear expert,

Will you please supply me a format to file a joint petition in H.C for quashing of FIR u/s 498A and 46IPC after a compromise in mediation centre patiala. Alaos guide me whether single advocate or double advouates are required to repersent the case












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