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Jaimit Online   27 July 2024 at 19:53

Witness statement in different cases

In a case A (498a) the prosecution witness X said that he doesn't remember the date of the alleged incidence. After close of prosecution evidence in case A, at a later date in another case B (divorce) the same witness mentioned the date of the same incidence.

How can the witness statement given at a later date in case B be used by defence as evidence in case A ? If I submit the certified copy of the witness statement from Case B in Case A, will his statements from Case B (divorce) be considered in case A(498a) ? Pls help me with relevant sections.

SK Sharma Online   27 July 2024 at 19:01

Share of pujari in temple offerings

My father is a shebait/ mohatamim and pujari of a temple situated in Himachal Pradesh. He has also performed puja and managed temple affairs since 1983 to 1997 exclusively.

In 1997, government takeover the management of temple and fixed 20% share in the offerings of the temple to my father as remuneration and also assigned exclusive puja rights in the temple for whole year.

In 2013, the temple administration i.e. SDM distributed puja rights among other brothers who had never performed puja at any stage till 2013.

My father challenged the order dated 02.11.2013 in HP High Court.

On 01.01.2024, SDM made submission before the hon'ble court to reconsider the issue at his own level.

The court accepted his submission and directed him to decide the issue of duty arrangement, distribution of share in offerings and induction of Respondent No. 5 to 7 (brothers of my father).

The SDM denied to decide the issue and continued the adverse order dated 02.11.2013.

My father has deprived of 12 months puja and 20% share in the offerings as remuneration.

Hence, my query is ::

whether puja right of my father and 20% share in the offerings of the temple as remuneration can be curtailed to 1/4th and distributed among his brothers.

AND is there any provision in law that pujari right falls under inheritance.
please advise me.

SK Sharma Online   27 July 2024 at 18:50

Share of pujari in temple offerings

My father is a shebait/ mohatamim and pujari of a temple situated in Himachal Pradesh. He has also performed puja and managed temple affairs since 1983 to 1997 exclusively.

In 1997, government takeover the management of temple and fixed 20% share in the offerings of the temple to my father as remuneration and also assigned exclusive puja rights in the temple for whole year.

In 2013, the temple administration i.e. SDM distributed puja rights among other brothers who had never performed puja at any stage till 2013.

My father challenged the order dated 02.11.2013 in HP High Court.

On 01.01.2024, SDM made submission before the hon'ble court to reconsider the issue on his own level. The court accepted his submission and directed him to decide the issue of duty arrangement, distribution of share in offerings and induction of Respondent No. 5 to 7.

The SDM denied to decide the issue and continued the adverse order dated 02.11.2013.

My father has deprived of 12 months puja and 20% share in the offerings as remuneration.

Hence, my query is ::
whether puja right of my father and 20% share in the offerings of the temple as remuneration can be curtailed to 1/4th and distributed among his brothers.
please advise me.












Sanjeev Singh   27 July 2024 at 14:31

Misbehavior and document handover by bank

I had a home loan account with a top-up at 9.4% and 11.6% respectively with UCO Bank. The rate of interest was much higher than normal, so I applied for a loan with Canara Bank, which took over the loan at 8.3%. During the whole process, I didn't inform my previous bank because I had all the documents with me except the List of Documents (LoD). I received the LoD with a letter in one day stating it was for my personal use. Once the loan was disbursed, all the outstanding amounts were paid to the loan account. I approached UCO Bank and explained the full and final settlement. The branch manager behaved very rudely with me, said some unethical words, and told me that if he had known this earlier, he would not have provided the LoD in one day but would have taken 10-15 days. When I asked about the deed and all, he said I was not required and that I could authorize someone or they could give it to the co-applicant. He rejected my application for a No Due Certificate and the deed. I took a letter from Canara Bank where their manager stated to please hand over the documents to the Canara Bank official as they have taken over the loan. The UCO Bank manager didn't accept that and threw the letter. After all this incident, I raised a complaint to UCO Bank's head office via mail and stated about the misbehavior and not providing me with the NOC, deed, and all. I also wrote to close my account and hand over my documents to a Canara official or my father because I would not be available to collect them. The next day they called my father, whom they know, and closed my account but did not hand over the No Due Certificate. For the deed, they started telling that they would hand it only to the owner. When discussed about the authorization letter, they said they would check and inform. It's been a week and I have not received my documents from the bank. I was on leave for three weeks during which I did the loan transfer. Now I am not in my hometown. I am in Chennai and they are not telling anything nor accepting any letter. What should I do? Canara Bank sent an email and letter to UCO Bank about the documents and they are not receiving or replying to it.

Anonymous   27 July 2024 at 14:01

Misbehavior, no service provided, document handover

I had a home loan account with a top-up at 9.4% and 11.6% respectively with UCO Bank. The rate of interest was much higher than normal, so I applied for a loan with Canara Bank, which took over the loan at 8.3%. During the whole process, I didn't inform my previous bank because I had all the documents with me except the List of Documents (LoD). I received the LoD with a letter in one day stating it was for my personal use. Once the loan was disbursed, all the outstanding amounts were paid to the loan account. I approached UCO Bank and explained the full and final settlement. The branch manager behaved very rudely with me, said some unethical words, and told me that if he had known this earlier, he would not have provided the LoD in one day but would have taken 10-15 days. When I asked about the deed and all, he said I was not required and that I could authorize someone or they could give it to the co-applicant. He rejected my application for a No Due Certificate and the deed. I took a letter from Canara Bank where their manager stated to please hand over the documents to the Canara Bank official as they have taken over the loan. The UCO Bank manager didn't accept that and threw the letter. After all this incident, I raised a complaint to UCO Bank's head office via mail and stated about the misbehavior and not providing me with the NOC, deed, and all. I also wrote to close my account and hand over my documents to a Canara official or my father because I would not be available to collect them. The next day they called my father, whom they know, and closed my account but did not hand over the No Due Certificate. For the deed, they started telling that they would hand it only to the owner. When discussed about the authorization letter, they said they would check and inform. It's been a week and I have not received my documents from the bank. I was on leave for three weeks during which I did the loan transfer. Now I am not in my hometown. I am in Chennai and they are not telling anything nor accepting any letter. What should I do? Canara Bank sent an email and letter to UCO Bank about the documents and they are not receiving or replying to it.

Anonymous   27 July 2024 at 11:17

Suit for partition

A Hindu family (Father and 3 sons), holds about 12 acres of inherited agriculture land. Since elder son "S1" left away from the family in a dispute, the father and other 2 sons Partition the properties into 3 shares and took each one. They completely excluded son "S1" in the registered partition deed. The son "S1" died 6 months after the execution of the partition deed. Now the wife of the died son "S1" was about to file a partition suit,

1. Whether the Registered Partition deed is a Void document or Voidable document?
2. Whether the son "S1" s Wife needs to pray, to declare the Partition deed "Null and Void"? Or mere partition suit without such prayer is maintanable?
3. What is the Limitation to file the suit?
Thanking You

Anonymous   27 July 2024 at 01:36

Religious endowment and share of pujari in temple offerings

My grandfather was mohtamim of a temple in 1972. After his death my father was appointed as a mohtamim by DC Kangra in 1983. Accordingly, my father managed the temple affairs and performed puja exclusively till 1997.
In 1997, HP Govt. takeover the control of the temple and formed a committee under the chairmanship of SDM to manage the temple.
Being an exclusive pujari and mohtamim of the temple, the Committe assigned 12 months puja and 20% share in the offerings of the temple to my father.
In 2013, SDM made an adverse decision and divided puja and share among 4 brothers of my father stating it the matter of inheritance.
Whereas my grandfather has made a will and bequeathed puja rights exclusively in favour of my father.

1. Whether puja right is a matter of inheritance?
2. Share in offerings which started first time in 1997 is partible among 4 brothers of my father ? whereas my father has performed puja exclusively since 1983 to 2013.

Please advise me

Vikas Kumar Singh   27 July 2024 at 00:10

Title deed not received from bank

Its been weeks since I have not received my original deed from the bank even after paying all the outstanding.
My Loan is in Kolkata and I stay in Chennai for my work. I cannot visit kolkata too soon
I authorize my father to collect all the documemts from the bank. However, the letter was not acxepted by the bank nor they afe communicating me or sending my deed to my address
What should I do?

raju   26 July 2024 at 22:58

Partiality

My query is that an employee of private service was removed without any notice and inquiry and employer also withheld salary and gratuity. When the employee approach the labour authorities the employer filed false cases of theft to police just to pressures the employee. Please advise some remedy as police is partially in favour of the employer.

Mainak Dutta   26 July 2024 at 22:13

Selling of property once sold by cooperative society

Hi, I live in Kolkata, West Bengal. My father is trying to sell an old flat of ours which was allotted to him though a cooperative society on 1986. Now the buyer is trying to get a loan and the bank is asking for an NOC from the cooperative society, but that particular society doesn’t exist anymore. All of the members died and no new body was formed. What will be the next step here?