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Discussion > Property Law > Disputes > Possession follows legal title   Unanswered Threads Post New Topic

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Deepak Thakkar


Advocate
[ Scorecard : 261]
Posted On 21 March 2012 at 15:40 Report Abuse

Possession follows legal title. Title of the Plaintiff was not denied by Defendant. The Plaintiff may be living at more than one place. However, possession of Plaintiff’s property is presumed unless contrary is shown. Defendant has to show juridical and lawful possession upon the transfer of the title for valid consideration. Defendant has also to show evidence that Defendant was in possession prior to the filing of the suit.



Udit Parekh


High Court
[ Scorecard : 32]
Posted On 22 March 2012 at 02:02 Report Abuse

 

 

 

I am a lawyer with expertise in legal-medico cases with practice of twenty years; I worked all my life for upliftment of the poor section, who could not pay for pricey legal cases or lawyers. I have received many accolades from social organizers for my contribution in understanding crimes, criminals & society, many of my publications & journals are freely accessible through law public libraries.  

 

Poor people are more vulnerable to criminal neglect by police where sometimes the cases are not registered in pastoral areas in spite of order issued by central command for immediate lodging throughout India. But times are altering, where our police force is getting more alert, responsive towards crimes , taking action, we come across recent murder cases being solved within two days by Maharashtra police Department through technical  or forensic traces. But mobile stealing is no murder case where accuse or accuser have to be ascertained or established in courts as in information technology cases once a stolen medium is traced, the crime gets registered with National Criminal Record Bureau with criminals’ credential.  There is very much equality, righteousness, truthfulness in justice system of India where our officials abide to the national oath of protecting the law- which is equal for affluent & poor – but it does not mean the poor section ( definition has to be there , Bhakti Naidu was from double income family, well to do, where each family member had a mobile, we have poor section daughter earning & supporting their families ) can do away with series of crimes in refuge of their so called poverty or illiteracy.

 

Mobile or stolen SIMs are always destroyed, all basic educated people know that if once the complaint is lodge stolen SIMs  can be traced within minutes by police, with criminals arrested investigated for intent cause. Even if the criminal who was found to be guilty was hiding or never arrested , will have the criminal record registered, so that it could guide to sequence of present, past or future crimes. In all the mobile stolen cases where they were stolen for monetary value, the SIMs were found to be destroyed while in cases where SIMs were used in all cases led to crimes which were exposed to the public of obscured intention- kidnappings, murder or extortion calling, blackmailing for money after stealing basic essentials- for hiding identity of calling while committing crimes. We had young school going girls or college girls arrested for using the stolen SIMs for luring men – for direct- indirect prostitution. It’s true as mentioned by many experienced lawyers- they term customers as boyfriends, which come and go. Please note, these criminals have very normal lives, education, profession, friends, and behaviour – similar to us. Only when they are caught we are left with trepidation- oh they were our neighbour- family friends- frail school girls- or industrious businessman - now they are in news or national headlines for immoral reason. Accept it – this is the fact of real world & criminal’s records where behind façade of regular – is  the most notorious criminals who have ability to threaten your entire life without guilt. Only people who are continuous touch with them such as family, classmates, college mates, faculty members who teach  can give their real character. 

 

Most notorious criminals where criminality is strained into their victuals ,  with criminal psychology- they derive pleasure in niggling their victim - as every small or big chance - to hamper in their victim’s everyday  life, is taken as a game for the criminal to defeat or avenge in victim’s . This type of criminal outlook is similar to an old frail woman who does not have any aim in her life but finding thrown coins as a pleasure source in another person’s vicinity till her death.  This is the extent to which criminals can harass if not exterminate. This is my experience in law for so many years.

 

The reason is simple; crime is a drug, which gives them “illicit  high”, every event of crimes empowers them with more  buoyancy that they have ability to subdue or oppress other person. When a person raises a voice or resists against the bullying, “the illicit –high” causes them wipe out the threat to their ego. If a mobile was stolen – it was “their” mobile- they have “complete right” to lodge a police complaint for  “their SIM” – to avoid misuse.

 

If Bhakti would waste money of parents calling students unnecessarily, from her landline, then only motive of calling two men from stolen SIM during exam is that she was into illicit s*x trade to hide her identity.

 

But offence bullies would persist – Why???????? - For some less worth object even if it’s worth a crime record in name of owner - rather than money- Nobody does a police complaint- after stealing it became mine- now you would pay for it- or why did you go to the police station- they are all real criminals who risk their rackets getting caught by the police- or having police records means that they will not be able to commit the crime again.  They would continually ransack homes, stalk or try to show their might to prove that not always you can register a police complaint, where there is concept of “mine” , leading to their crime record. It has happened where the criminals felt that the report led to their humiliation or expose, where they wanted to eliminate the concept of “mine” from the report lodger. This is normal mentality of people on criminal high who get “emotional high” by squashing other’s resolve. We have many eyewitnesses getting murdered or threatened till death. So they must get punishment so that they learn humility, trashing their false ego of “criminal high “ where no one can challenge them.

 

Criminal or crime supporters are not allowed by laws in the Indian constitution - to try to find out about whereabouts of the complaint lodger where threats were issued- through any means- without legal medium  if not in legal public gathering or law courts or police station in presence of an inspector (or an official of higher position) , or try to intrude or network in his or her life through any means to harass as the first information giver or the witness in crime is severely protected by laws against right to breach of privacy or indirect or direct harassment, if a counter complaint is made by the first information giver then liability with criminal is sentence of lifetime imprisonment. This must be known by all people so that they do get into emotional trap helping them harass report lodger. 

 

I am very unprejudiced person, but if this case could lead to arrests of all the people who were involved in s*x trade with Budhwar Peth brothel and many brothels where criminal would have called many more men from stolen SIM if not stopped by police. I don’t know why she was pardoned from punishment after mucky threatening. We cannot risk the life of our youth by putting them to threat to HIV, AIDS, Virginity Test, STDs, when all girls are ready to go through it even from non-criminal  families (where there are no police records) , why not girls from this family. Its about life & death of people who would form s*xual relations with them. 

I request police department all over India to issue warning for the case. In Bhakti Naidu I am issuing open request to NCRB (Police Record Binding by law ) , all police branches of India to unite to fight against funding of criminals.

 

 

 

 

 

 

 




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