Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sridhar pasumarthy Online   13 November 2022 at 08:20

Stay of decree for permanent injunction

Respected experts,

A decree was passed in a suit filed by plaintiff granting permanent injunction restraining the defendant from interfering with the possession and enjoyment of suit schedule immovable property, on contest.

Now, defendant preferred an appeal along with application under Order 41 rule 5 cpc seeking stay of execution of the said decree. Is it maintainable?

Pls give your valuable inputs. Thanks in advance.

Anonymous   12 November 2022 at 16:47

Direction given during trial, in force after case disposal?

Hello,

During the trial of a criminal case, the court had given a direction to jail authorities to ensure proper medical aid, as and when needed, to the applicant (the accused).

This direction was a part of the daily order of the court from that date.

After the completion of the trial, is the aforesaid direction still in force?

Sorry for being anonymous but it is important.

Anonymous   08 November 2022 at 04:12

Cross examination

Illiterate Person told wrong Year, age at Cross Examination in front Judge, Can Correct it at the time of
argument.

Anonymous   06 November 2022 at 15:37

How do judges deceive nation in trampling social justice?

Corruption in judiciary is opaque to many but it is transperant to the professionals. In 2002, smt Birudha RajaRatnam,a fakeSC got appointed  as Telugu Lecturer in Andhra Saraswata Parishad in SC woman reserved category. She was caught many times but managed SW officials all times. In 2011, Hyd Dist collector sri Ntarajan Gulzar caught& astonished to find - How can a demised mother have different caste children in caught FakeSC cases? Report was most impeccable. He removed her based on reports from SW,RDO&CVC.  But,she managed STAY using senior counsel sri S Niranjan Reddy in Hyd HC. She is 3rd wife to sri Sarikonda PapaRaju of MIDHANI. She spoofs a lot with lies& soliloquy  so much that you will forget to verify & validate these basic 420 facts. She got UGC NET papers leaked in 2000 to pass that exam with fakeSC papers otherwise she failed 10th class six times& later passed with malpractice in BA&MA from Dr BR Ambedkar Open University Distance education,Hyd. Cousin Sai Raju committed suicide in 2019. He gave leaked UGC 2000 papers, but got intimidated by her hired Advocates during her Germany STAY for one year. No hearing took place during her Germany STAY (Oct19-Sep19). All knew tricks played &managed in HC in registry, desk clerk. Brbes make many slaves. She managed TSP college staff, CCE, SW dept, HC Judges, Police nicely for past 20yrs to continue in job & muck salary. Judges used their prerogative powers to issue STAY orders twice to blatantly stopped& denied Telangana State Govt replace her with genuine SC candidate. Nexus among PP, Advocates was seen. Filmy Dialogues like Bail/STAY is right. Jail is exceptional, heavens are not falling are routine. STAY orders to caught fakeSC employees is also routine. Next, infructuous, frivolous, ne words are commonly used vocabulary. For bribes, Adjudication is subjected to subjugation..its true. When PP doesn't object to STAY,the Judge dangles to issue STAY.  No more hearing afterwards even though listed many times. Its manipulation. Case will be made oblivious steadily after 10 yrs. It is routine collective drama played with soliloquy of hired Advocates, PP, Judges. Who doesn't  know? The judiciary corruption is opaque to others but not to the professionals. Trick to deceive was that Demised mother had SC surname(Kavali) and brought up by her. It was a concocted story that continued with cavil arguments. Muck salary & F*ck social justice as Policy was adopted. Treason & Tyranny can be traced at every stage. Uco Bank & HDFC banks gave 16&25 lakh personal loans to her to satisfy whims& fancies of her team in making luxury foreign trips& bribes to all. Fun is - A substantial evidence(again Fake SC) was nicely generated by her Advocate to deceive courts & nation. Two CC orders were issued to IAS officers to reinstated her &disburse salary speaking volumes of corruption, Hegemony of Judges over IAS officers.  Natural Justice clause was used to fool&trample social justice. Submitted investigation reports, removal orders, G.O for removal were set aside for issuing 2 STAY orders. Ref TS state G.O 13 of 2016 dt 27.04.2016, Hyd HC. WP16793/2016, CC WP3754/2012, CC orders, WP16793/2016, WVMP2102/2016 and so on. Aplenty of Lies, Perjury,suborning perjury, intimidating & suicide instigation,  fabricated evidence were regular crimes enacted& carried by her Advocates.Stigma in Judges  was that they never summoned daughters, in laws, other siblings. Hired Advocates quelled full family details to suit acquittal. Because all are non-SC. Let us see... What is mentioned in STAY orders? Not looking into merits in the case, Refraining from merits in the case, Court has not expressed any opinion on submitted substantial evidence(fake). All know how Ratnam nags Advocates 24X7 to counter any eventualities. Venal Police seized suicide note&mobile phones of step daughter to defunct them as they are known to destroy evidence if not fetching any bribes. The Advocate dictated 2 page each complaint to sri PapaRaju& Jnaneswar to nullify suicide basic truth. Advocates mind spells...here. Hand writing does not belong to slain daughter,  if at all written, it was forcefully got written, by husband, check cctv as he strangled& hanged later, CDR to calls, Post morten for patches on body and FSL reports for hand writing clues to fix him. Evil brain was of her criminal lawyers, which  was scanned. Advocate asked polarised people to exult son in law infront of Police to show off their non involvement in instigation. Venal Police never introspect their own records-10th std. COUNTER ATTACK - Venal judges support fakeSC employee by warning IAS officers with CC orders (reverse attack), Venal Police threaten with IPC306 case against son in law(Reverse attack) despite reports&  suicide note blame the fakeSC woman& Birudha RajaRatnam& & husband sarikonda PapaRaju&,who retired from Midhani,Hyd. Also, Hyd Police& HC judiciary were scramblimg under incompetence & corruption as seen. NO JUSTICE. .

Anonymous   05 November 2022 at 19:50

Forcible enchroachment of land

Respected Experts

One Smt. Sanjana has purchased landed property in 2013 and 2021. Her husband died during covid pandamic. On west side of said one medical practitioner Mr. Krshna, is having his hospital. In the last month said Mr. Krishna has occupied a part of land owned by Smt. Sanjana and started constructing foundations with a measurement of 20x50feet without having any right or consulatation.
Immediately on knowing the same Smt. Sanjana sought the help of village elders, asked said Mr. Krishna not to do any further construction. Then he admitted his occupation and demanded to sell said land to him, Smt. Sanjana rejected said forcible proposal. After few days again he started constructing. Now he raised foundations upto 5 feet hight.

In this situation how Smt. Sanjana can get help through court, by what provisions

Shall she ask court to demolish the foundations ? If so under what provision

Please guide in this aspect

Tax & Accounting Solutions Ban   03 November 2022 at 14:03

Is limitation comes?

Respected Sir/Madam

Query regarding : Property matter

7 gunta, 6 Gunta - two Pic Agriculture land granted by Karnataka land reform tribunal at 1982 to my Grand Father (He is applicant under Karnataka Land Reform Act,1961 and Received Occupation right Certificate with Condition i) (Form10) Feb1982) for reckoning the period of 15 years for transfer of the land for which occupancy rights have been given under this Act from the date of final order
passed by the Tribunal under section 48A instead of from the date of issue of
certificate under section 55; and he draft will in the name of his unmarried daughter(age 30Yrs) and same has been registered at Sub registrar office Oct1982 only, Latter on Registered will Draft lost lost/Misplaced(Complaint not ledged since today), Will registered certified Copy avail. my grand only enjoying agriculture land.

at age 90 (1995) my grand father Passed away. and My mother Transferred the Rights in Revenue Records at 2004-05, Mutation has been Registered. (at 2008 after same property comes under Municipal Corporation jurisdiction)

and same time some one(Neighbor land Purchaser/Local Political Peoples) Claimed that "My Grand Father was Sold the Property at 1986 by sale deed registered(Sy No.Wrong, Occupition Certificate No. Wrong) at madras(Chennai)(Out of Karnataka) and Same they are Produced Unregistered GPA which was written by my grand father in the favor of above Party( Transaction done at Revocation of Transfer of Property 15Yrs), and Dispute Raised B/w .

at 2006 Permeant injection suit filed by My mother(ILLERTATE) , and same has been not lead Properly ( Advocate not attended case and not marked the evidence, not crossed even not argued) that suit was dismissed ( Court Conclude that My Grand Father has one Pice of Land only 7Gunta. Sy No. mentioned Wrongly Clerical Mistake) and left Possession by court order.

SAME HAS BEEN RFA FILED IN High Court, Karnataka same has been dismissed.

Latter on filed Declaration suit at 2012.

Declared that 1. My Father Occupation holder of Property.
2. he did will same has been registered
3. Revenue record changed by name
4. Sy No. and Occupy Certificate mentioned by diffident is not my property.
5. dont know my father sold or not, 15 yr revocation period.


and at Cross Examine(at Box in front of Judge)
MY Mother told(She is illiterate don't know year and such dates)
1. She told Her Father passed away at 2005 (Actual 1995),
2. Son age 40yrs(Actual 31)& Daughter age 30Yrs (actual 29) and She married at 30Yrs Back (actual 36Yrs).
"3*. she told that at year 2000 I know the that fact that my father was sold the property to diffident(Actually that comes our awareness at 2010 when our Injection suit Dismissed )"

NOW MY Question:
1. is Limitation comes on Point 3* ?

2. Unregistered GPA is valid, out side Registered (Interstate) deed is valid ?

3. in this case Res judicata is applicable ?

How to approach Court



Keshav E   01 November 2022 at 13:36

Carrying alcohol from madurai to munnar

Hi experts,
Is it legal for me to carry alcohol from madurai to Kerala via road? If not is there any other alternative way to carry alcohol?

Thanks and regards
Harish

Anonymous   01 November 2022 at 09:54

Builder change ibms to ifms

Dear Sir/Mam,
In my residential society, earlier it was a IBMS but from 2016, Builder change it into IFMS means before 2016 sell out flat has IBMS and after 2016 sold out flat has IFMS now there is two types of fund in one society even if someone want to transfer his flat to other (via sell) then forcefully Builder changed it to IFMS. IS this legal as per RERA or not can any builder run two rules in one society.

Note- Few Person in this forum like Mr. Rajendra Kumar Goyal is giving a very fake advice so I request him not to give his advice, Some time he simply say file consumer complaint, Everyone knows it but before consumer complaint it is just evaluation so please stay away with this post.

Anonymous   31 October 2022 at 23:24

Criminal law

Mala and Rahul were married in 2001 and were residing at Vijayanagar, Bangalore. However after few years, their relationship got strained and were regularly quarrelling overfrivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Seema and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pooja with his sister Priya and prevented Mala from seeing the child.
 
During a noon Mala came to Priya's house and forcefully took Pooja with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.
 
After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down.
In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took astick lying nearby and gave a blow to the stomach of Gopalakrishna. Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul aboutthe enlarged spleen. Rajaji nagar police arrested Rahul and filed charge sheet.
 
Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.
 
Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Maharashtra, relying on the deposition of the eyewitness.

Anonymous   31 October 2022 at 22:53

Work visa and case pending

My query is:

I was on J2 visa from feb 2018 to Aug 2020. I came back to India with my spouse who was on J1 on 31 Aug 2020. Both of ours I94 record has the same departure date 30 aug 2020 from washington dc.
My query is after coming from USA as we both were subjected to 212 e rule we have to stay in out home country for 2 years and then only one can go back to US. So i have been again offered J1 visa and i need to show proof that i and my spouse have been India for past 2 years. After coming from US, we got separated and I have filed complaint and cases against him or the tortures also he is not cooperating in giving any documents to me.
So, I have my documents like the last stamp in my passport is artived newdelhi on 31 aug 2020 , I94 record, ITR filed for 2 years

For spouse, I only have his i94 record and he os not giving any docuemnts to me.

Now what should I write in my marital status as I am married and living separtely but not legally or judicary separated but have filed cases on my husband and I am attending hearings but he is not attending hearings too. Also, If I write married then they will ask me to give proofs of him too that he too has completed 2 year residency rule. And if I write separated I need to hive affidavit saying we r living separate and have complaint and cases filed against him.

Will bringing this complaint and case thing in application complicate the case
What should I do?