Recent Forum Messages ( Last 7 days )


New Topic

Regarding plot area issue

Posted by : Ravi Chittiprolu   20 January 2017

Good morning Sir/Madam, Recently we purchased a land through E-Auction. They were registered as 209 Sq.Yards but, According to Venture Layout it is 290 Sq.Yards.

For the above property we have linked document of the property. It was registered in 2003. In that, Sale deed also it was mentioned as 209 Sq.Yards but, At last page of the document, In Plot Layout it shows as 290 Sq.yards with 52*50. Now,

 

The problem here is that, When we approached Gram Panchayat they said that, Your area is 290 but not 209 Sq.Yards. and, they told us that, we can not use total 290 Sq.Yards. We don't know  both persons who have registered sale deed in 2003. Because, We purchased plot through E-Auction.

 

How to rectify that Problem?

Is there any chance to get 290 Sq.Yards? If yes, Give Clarity.

 

 

Thank You Sir/Madam.


Replied in :

498a

Posted by : Ajay sharma   20 January 2017

I consulted a lawyer in guwahati he visited PS and told me that your FIR not registered but your wife complained regd under 498a in my name only , My wife threat me over phone that divorce me other wise she will murder me thru her personal link ,I have recorded this conversation ,I know her link she late night talk with multiple numbers ,I checked her call records but the problem us she was using my sim I was in other city due to job ,the her sister also a 498a girl I have her case detail which still running in other city ,my MIL also kicked out FIL few years ago with same threat and living with other men ,will this all help me to take custody of my child otherwise they will also make my child a future 498a girl she love me allot but they brainwashing her since last 6 month I have not even seen her

Replied in :

498a

Posted by : Ajay sharma   20 January 2017

I consulted a lawyer in guwahati he visited PS and told me that your FIR not registered but your wife complained regd under 498a in my name only , My wife threat me over phone that divorce me other wise she will murder me thru her personal link ,I have recorded this conversation ,I know her link she late night talk with multiple numbers ,I checked her call records but the problem us she was using my sim I was in other city due to job ,the her sister also a 498a girl I have her case detail which still running in other city ,my MIL also kicked out FIL few years ago with same threat and living with other men ,will this all help me to take custody of my child otherwise they will also make my child a future 498a girl she love me allot but they brainwashing her since last 6 month I have not even seen her

Replied in :

498a

Posted by : Ajay sharma   20 January 2017

I consulted a lawyer in guwahati he visited PS and told me that your FIR not registered but your wife complained regd under 498a in my name only , My wife threat me over phone that divorce me other wise she will murder me thru her personal link ,I have recorded this conversation ,I know her link she late night talk with multiple numbers ,I checked her call records but the problem us she was using my sim I was in other city due to job ,the her sister also a 498a girl I have her case detail which still running in other city ,my MIL also kicked out FIL few years ago with same threat and living with other men ,will this all help me to take custody of my child otherwise they will also make my child a future 498a girl she love me allot but they brainwashing her since last 6 month I have not even seen her

Replied in :

498a

Posted by : Ajay sharma   20 January 2017

I consulted a lawyer in guwahati he visited PS and told me that your FIR not registered but your wife complained regd under 498a in my name only , My wife threat me over phone that divorce me other wise she will murder me thru her personal link ,I have recorded this conversation ,I know her link she late night talk with multiple numbers ,I checked her call records but the problem us she was using my sim I was in other city due to job ,the her sister also a 498a girl I have her case detail which still running in other city ,my MIL also kicked out FIL few years ago with same threat and living with other men ,will this all help me to take custody of my child otherwise they will also make my child a future 498a girl she love me allot but they brainwashing her since last 6 month I have not even seen her

Replied in :

Appeal in sessions court

Posted by : dwt   20 January 2017

AS REQUESTED  ORDER POSTED

 

thanking you


Replied in :

Appeal in sessions court

Posted by : dwt   20 January 2017

ORDER

 

It appears that arguments have already been heard in this case.

 

Record perused.

 

Allegedly, complainant was principal in a school and was

 

later on removed therefrom on the basis of misconduct and thereupon the

 

complainant initiated criminal action against manager, director and

 

chairman of the said school in respect of several offences of criminal

 

conspiracy, cheating, for fabricating evidence, theft, mischief, forgery,

 

defamation etc. and filed the present complaint case and examined herself

 

as CW1 alongwith some officials from the said school.

 

The emphasis of the complainant appears to be on the fact that

 

during a school enquiry conducted against her, certain false affidavits of

 

some persons were filed which was clear from the statement given by those

 

persons in the said school enquiry and therefore, the accused persons are

 

liable for certain offences. The court was doubtful about the admissibility of

 

evidence recorded during the school enquiry and therefore had asked the

 

Ld. Counsel for assistance. Ld. Counsel thereupon made a submission that

 

since the evidence was recorded in the presence of the complainant during

 

the school enquiry, the same can be admitted in the present proceedings and

 

that even the same can be admitted under Section 80 of the Indian Evidence

 

 

Act. He has specifically made a further submission that Section 33 would

 

not be attracted for such evidence and further that for directing summoning

 

of accused evidence is not required but only a prima facie satisfaction is

 

necessary.

 

I regret my inability to agree with the Ld. Counsel. Section 80

 

of Evidence Act extends to presuming a fact that the document was genuine

 

and mode & manner of recording was same as has been purportedly shown.

 

This nowhere says that the content of such evidence shall be treated as

 

established or proved in any other proceeding. I am further of the view that

 

even for summoning of an accused the evidence is required and the

 

evidence has to be such evidence which satisfy the criteria prescribed in the

 

Evidence Act.

 

When the constitutional courts have clarified that only

 

prima facie satisfaction is necessary to summon an accused, they were

 

talking about the fact that situation should not be handled on the basis that

 

only when material to convict the person is available that a person can be

 

summoned. In that situation, it has been repeatedly held that the court has

 

only to form a prima facie opinion on the available material. But there is

 

nothing to suggest that the prima facie material should not be in accordance

 

with Evidence Act. Section 33 of Evidence Act basically talks about

 

utilizing evidence of one proceeding in another proceeding once the

 

conditions prescribed in the Sections are satisfied. The conditions are not

 

satisfied in the present case. There is no claim that all (or any of) those

 

witnesses are not available to be summoned on behalf of the complainant

 

 

in this case. I am of the opinion that their statement recorded during the

 

school enquiry could have been utilized by the complainant only as a prior

 

statement for the purpose of contradiction/corroboration whenever those

 

witnesses were being examined in the court but those statements recorded

 

during the school enquiry could not have been utilized by the complainant

 

in this criminal case as substantive piece of evidence. I am therefore, unable

 

to rely upon the evidences recorded during the school enquiry. As such

 

most of the charges levelled in the complaint which were primarily based

 

on the evidence of school enquiry cannot be said to have any support.

 

Complainant has made allegation about fabricating of photos

 

about burning of papers but the details were allegedly researched by the

 

husband of complainant, however, the complainant has not examined her

 

husband. Therefore, there cannot be any support for this allegation

 

(evidence of school enquiry has not been relied upon as has been held

 

herein above).

 

Allegations related to destruction of school records and

 

LCBN records are apparently assumption of complainant. There is nothing

 

to establish any criminal intent on the part of accused. Allegations related to

 

destruction of school gate enquiry are being primarily supported by

 

statement given by Sanjay Kumar in the school enquiry which cannot be

 

accepted as held earlier.

 

Complainant has alleged fabrication of complaint / application

 

 

for TC etc. on behalf of certain other persons but complainant has not

 

examined those persons in this case and therefore, her claim cannot be

 

treated as having any support.

 

So far as misappropriation of funds is concerned, it appears

 

that the complainant wants to claim that the accused persons have

 

transferred amount from one school to another school of the society without

 

approval and therefore have committed offence. I am of the opinion that

 

internal transfer of fund of a society cannot be the concern for the

 

complainant and the same cannot be taken as a criminal activity on the part

 

of accused persons. There is nothing to show that the accused persons

 

utilized the amount fraudulently for their personal benefits.

 

One essential allegation of the complainant pertains to Section

 

380 IPC. When the complainant was on leave he was suspended and

 

allegedly was not allowed to take out her personal belongings including

 

cash and lateron, on repeated requests, small bundle of her personal

 

belongings were returned but her other belongings including cash were not

 

returned.

 

Apart from the statement of complainant herself, there is

 

nothing to show that the articles as alleged were available in the drawer or

 

that the complainant (while working as a Principal in the school) used to

 

retain those articles in her drawer or that she used to retain the articles

 

therein even when she was on leave. It further appears that the complainant

 

 

herself had given a signed writing dated 31.07.2010, for receiving of certain

 

articles including the personal seals, but there is nothing in the said writing

 

that she was issuing the said writing under protest or that some articles were

 

not given to her. In such given circumstances, her version about missing

 

articles and that too imputing the accused persons cannot be accepted. So

 

far as cash amount is concerned, she claims that an amount of approx.

 

Rs. 10,000/ was available in her drawer (She has bifurcated the amount as

 

Rs. 7,000/ on account of evaluation money and Rs. 3,000/ for personal

 

emergent requirements). It is difficult to comprehend as to why she retained

 

an amount of Rs. 3,000/ in drawer even if she was on leave. Her personal

 

emergent requirement could not have been fulfilled with an amount

 

allegedly retained in drawer, if she was on leave. Apart from the fact that

 

there is no support about this claim, the claim does not appear to be

 

justified. So far as Rs. 7,000/ is concerned, she claims that the said amount

 

is an evaluation money received from CBSE. It seems that allegedly

 

evaluation money was paid by CBSE to the teachers through Chief Nodal

 

Supervisor and the complainant claims herself to be the Chief Nodal

 

Supervisor and had received the amount of evaluation money. However,

 

there is nothing to show that the complainant disbursed the evaluation

 

money to the teachers. As per her own claim, the said amount of

 

Rs. 7,089/ has been shown in the balance sheet of the school as evaluation

 

money. In such circumstances, it cannot be treated as misappropriation by

 

the accused persons as there is nothing to suggest that the accused persons

 

have taken personal benefits.

 

 

As such, claim of theft and misappropriation of funds cannot

 

be treated as having any support.

 

So far as accused no. 2 and 3 are concerned, there is no clear

 

material to support any conspiracy or any specific activity falling within the

 

ambit of offence, on their part. The complainant has just added their names

 

alongwith the accused no.1. As such accused no. 2 and 3 cannot be

 

summoned in the present case.

 

In the ultimate analysis, there is no concrete material on

 

record against any of the accused persons, showing commission of offences

 

as alleged by the complainant.

 

The observations in the present order are strictly made only

 

for the present criminal complaint case and have no concern for any civil

 

dispute present or future between the parties.

 

I am of the opinion that summoning of any person on a

 

criminal charge curtails the fundamental right of liberty and therefore,

 

cannot be done in a mechanical or casual manner without having clear

 

supporting material. The present case lacks substance and therefore,

 

accused persons cannot be summoned. The complaint is dismissed.

 

 


New Topic

Amount of payment

Posted by : mgnanaprakasam   20 January 2017

DEAR SIR,

IS THERE ANY CASE LAW AND JUDGEMENT FOR THE PAYMENT OF AMOUNT RAISING FROM 3.5 LAKHS TO 10 LAKHS BY CENTRAL GOVERNMENT NOTIFICATION MADE WITH EFFECT FROM 1.1.2006 AS IN THE CASE OF GOVT. OR PSU EMPLOYEES?

 


New Topic

BUYING OR SELLING PROPERTY / CAR WHEN DVC IS UNDER TRIAL

Posted by : Arawind   20 January 2017

I have filed DIVORCE & my wife has filed RCR & DVC. All cases are under trial. I am paying INTERIM MAINTENANCE to my wife & in DVC, court has allowed my wife's MP for providing her SHELTER or asked to pay her rent as alternative accommodation which is in addition to the interim maintenance. Now, please let me know will there be any repercussions if I buy a Car on my name at this stage and also let me know whether I can buy or.sell property.

New Topic

Need help in adoption & guardianship.

Posted by : Mr Kulkarni   20 January 2017

I need to know some details and major differences between adoption and gaurdianship. 


Replied in :

Government recruitment fault

Posted by : Madhavan Namboothiri.M   20 January 2017

Is it central govt or state govt? If central govt. File a case in Central Adm. Tribunal if it is listed in CAT else file a writ petition civil in HC. If state govt file a case in State Adm. Tribunal else filewrit petition civil in HC.

New Topic

Illegal recruitment in Central govt

Posted by : Madhavan Namboothiri.M   20 January 2017

The petitioners were applicants for the post of Member support Staff SII in the respondent Organisation vide Advertisement in October 2010 Subsequently, The respondents have conducted test and interview to the said post and shortlisted successful candidates and appointed all shortlisted candidates except 9 candidates of which two are the petitioners in this writ petition. The petitioners are challenging the appointments of five of the shortlisted candidates, who do not meet either the educational qualifications or the upper age limit prescribed in the advertisement. Relaxation of educational qualification of two candidates and relaxation of age for another three candidates when qualified hands are in the recommended selection list by the selection Committee are illegal and are violating not only the bye-laws and recruitment rules of the respondent organization but also all Central govt. rules and regulations and principles of natural justice. Due to these irregularities, the petitioners who were well qualified as per the prescribed eligibility and subsequent written test and interview and thereby got included in the recommended list for appointment by the Selection Committee for these posts, were deprived of their deserving appointment. The repeated representations given by petitioner No 1 was not even replied by the respondent Organisation. The petitioners are deprived of the very fundamental rights vide Art 14, Art 16 and Art 21 of the Constitution of India. Hence this writ petition. Writ petition was heard in HC.But HC was reluctant to admit as this happened in 2011. Myself as counsel argued this as a mistake from the resp. Org as no reply was given for 2 representations. Petitioners being public at lower ed.qualiF ITI fitter do not know central govt rules of griev. Redressal set up. Etc. Also my substantive rights are subsisting by Art 14 and Art 16. Court disposed the case asking to approach Central Adm Tribunal or appropriate authority as this central govt was listed in CAT. MY QUESTION IS if I approach CAT limitation is tougher, even if sufficient cause as given in limitation Act is shown with SC judgments, CAT has its discretion to condone the delay or not. As per several judgments chances are very little to condone as long delay, evenif due to fraud or mistake from resp.org Now if the petitioners give a repre. to the ministry which is the first party in this writ also the highest authority of the resp. Org , two weeks time to decide as they were not aware of the illegal recruitments done, will it be fruitful OR File appln in CAT directly, which if rejected appeal in HC. Will HC admit this case, if not what are next options we have to fight against this gross violation from a central govt? Kindly give which SC judgments can save the petitioners

New Topic

Illegal recruitment

Posted by : Madhavan Namboothiri.M   20 January 2017

Illegal recruitment in Central govt

New Topic

How long can a hc stay order can last?

Posted by : jarinsea   20 January 2017

Hi,

I have a revisional application praying for quashing against a complaint case pending at the HC , on which a stay order has been passed. My lawyer initially said he is going to quash the case easily but he has been avoiding me since past 2-3 years whenever I ask him when can the case be quashed. It has been 6 years now since the stay order at HC.

some context of the case- Initially a case was filed agianst us by our tenant falsely accusing of theft of property. Since then there was two police investigation both of which resulted in 'mistake of fact' or there was no evidence of theft. Therefore the case filed under IPC 379, was dismissed by the lower court. There was no FIR or chargesheet filed. The tenant then filed a Naranji petition ,that was treated as a complaint case which was then challenged at HC for quashing.

Now my questions are-

1. How long the 'stay order' on revisional application can last at HC ?

2. what are the chances of quashing for the case?

Thank you so much!

 


Replied in :

Need advice/help

Posted by : A walk alone   19 January 2017

After 13 years why you want separation? It's too late. Instead of moving in legal matters better focus on your children future. Your first priority should be to make your children future bright. If you can adjust 13 years then why not whole life for sake of your children future. Before moving in legal matters just think about your children, your one step will spoil their whole life.

Replied in :

Harrasing my husband and his family members

Posted by : A walk alone   19 January 2017

Don't spoil your and your child life in roaming courts. Take one side decision either join him for sake of child or go MCD. Otherwise your time and money will waste in court with zero result. If your husband is software engineer it's not possible you are uneducated. You might be at least graduate. Go find some job and built your child future instead of roaming courts for maintenance.

Replied in :

About love marriage

Posted by : A walk alone   19 January 2017

You are really lucky one opportunity is on your door and you are refusing it. You are emotional fool. You still love her ! wake up and go MCD . otherwise your one side love will end in jail.

New Topic

7/12 process

Posted by : Rushikesh   19 January 2017

I have purchased the land on the 1994. At the time of purchase we have done registration of purchase between me and land owner.

That time I have started the process to put my name on 7/12 but my name is not reflected in 7/12 still its showing last owner name.

Also that land is allocated to purgrast people. So just wanted to know what is the exact process to put my name on 7/12.

Also is there possibility that now the old owner can claim that he is still owner of this property ?

 


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Is it possible to withdraw case after filling it at family court. please suggest if there is any possibilities....please i really need help.

Posted by : A walk alone   19 January 2017

Once family matters move in court nothing remain in relationship. Better go MCD and focus on your child future life. Don't waste your life in roaming court. No court no law can force him to live with you or love you. Relationship can never survive if it one sided. As long you will drag this relationship it will only give you pain.

Replied in :

Employer not accepting my resignation

Posted by : Ritesh Maity   19 January 2017

Since you have submitted resignation through official email and have proof of it, then you have a good case. 

Please clarify whether the company has mentioned this "The only reason why he is declining my registration is lack of resources." writing or it is just your interpretation. If the company does not refuse/ reject your resignation in writing with reasonable ground then your resignation shall be deemed to be accepted. 

It is immaterial to whom you address the resignation as long as the name and address of the company is mentioned correctly. None can reject your resignation on unreasonable ground. 

Simply serve your notice period of 3 months and then stop going to office and ask for full and final settlement. 

Since your position is AGM (not sure about your nature of job though),  I am afraid that you will not be covered under the labour laws primarily Industrial Disputes Act



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