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Bineet Singh   24 July 2021 at 23:15

Reopening of a case disposed with reason dismissed on merits

Hi Sir/Ma'am,

My father had filed a case in Allahabad High Court, against a party(Truck owner, A Company and the truck driver), in an accident case, which made him a physically handicapped person(under FIRST APPEAL FROM ORDER, MVA). But since the case was filed, the party seems to bribe our 3 subsequent lawyers. Due to which they kept on being absent on the dates of hearing. They also submitted only partial documents. In a word, they intentionally screwed up the case.

Due to which the Hon. Judge of Allahabad High court, disposed off the case(Nature of Disposal: Dismissed on Merits).

I was planning to file the case online, in Allahabad High court.

How can I get the case to reinstated. And is it possible to file the case online, without involving an advocate(I am planning hire an advocate, once the case is filed)

Thanks & Regards,
Bineet

at your mercy   24 July 2021 at 12:21

Original deed and patta not traceable

Learned advocates namasthe.
My brother has suddenly died. his property (Dry land) original deed & Patta book could not be traced.
In Tamilnadu Registrar and Revenue records are clear. No encumbrance and patta is in his name as on today official records. Dry land Taxes are paid upto date
Now the legal heirs want to sell.
Please advise legal procedures

Anonymous   24 July 2021 at 11:54

Property rights of a children born to first husband

Mr A after the demise of his first wife he got married another woman B (60 years) the widow of C who was having already two male children settled in different counters. After the Marriage Mr A purchased property in the name of his second wife as his wife. Subsequently she died. The Children born to her first husband claims the property of their mother who her second husband purchased. whether is it permissible

Viren   24 July 2021 at 10:11

E challan under motor vehicle act

Dear Sir/Madam

I got one E-Challan , As per challan photo , my car is being shown standing ahead of Zebra line
but the Fact is that to obey the traffic rule , I stop my car Immediately on light being Yellow and I could not take it back behind Zebra line as it is unsafe. .

So can you please suggest whether I should go to appeal my case or deposit the challan .

Regards
Virendra

Sunil Kulshrestha   22 July 2021 at 13:05

Farmers from other states can buy farmland in gujarat ?

I inherited farmland from my ancestors & now own my agricultural land in UP, I would like to buy agricultural land in Ahmedabad-Gujarat. But I am told that only Gujarati farmers having their farmland in Gujarat can buy Farmland in Gujarat. I have read Gujarat Highcourt orders of 2012 but still, it seems Gujarat Government is not allowing farmers from other states to buy land in Gujarat. Please suggest.

Anonymous   20 July 2021 at 23:30

Resjudicata - framing of issues

In a Mundkar Case where I am an opponent appearing in person, I moved an application under O XIV sub rule 5 of Rule 1 of CPC to frame 17 issues that arise out of the pleadings. The Applicant contested and asked to frame only one issue "Whether she is a Munkdar of our property or not". The Joint Mamlatdar framed only one issue "Whether she is a Mundkar of our property or not". The Joint Mamlatdar did not pass a judgment/order for not framing the issues I applied for but only frame the said issue. Therefore I moved another application under O XIV Rule 5 of CPC asking to frame additional issues listing the same 17 issues. The Mamlatdar passed order that my Application under O XIV Rule 5 of CPC is bared under Resjudicata. My point is that the Joint Mamlatdar did not pass order rejecting my application to frame issues, but framed only one issue. That I had another remedy of O XIV R 5 I moved an application to frame additional issues the same 17 issues. Is there a remedy under any law to challenge this Order. Thank you for your opinion and guidance.

Anonymous   20 July 2021 at 13:37

Land acquisition act

Sir I have given 6 sale deeds exhibited in lower court whereby land was sold to private companies from Delhi ( Vary from 1 to 5 CR per acre)
Land acquired is from village Dharuhera situated on NH-8 Gurugram ,Haryana
Lower court has not considered my sale deeds for ascertaining market value of land
Court says that the purchasers are not informed buyers and they are colonizers as they are from delhi so all sale deeds are not considered
Lower court has ascertained the market value on the basis of land acquired in next village and given only 55 lakhs per acre
How could I counter the legal point on which the court has not considered the sale deeds by merely saying that they are colonizers and not informed purchasers by putting reliance upon Krishan Kumar vs UOI 2015(2) RCR civil 597 SC
I want to file RFA against this order and need help in clearing this main hurdle about not considering my sale deeds exhibited in court

Anonymous   20 July 2021 at 12:55

Loan default

I am sending a query raised by a person. Shall appreciate considered opinion of LC. In bracket I have given my feelings. Thank you. Some time back I had been interacting with LC. I am 73 now, so not active.

1. Lenders have an option to proceed with attachment of passports of defaulting borrower.

[ I feel this is in the domain of the government and lenders have no say over it]

2. Whether Lender can write to the employers of defaulting borrowers that the borrower is in default for payment of dues and may be put pressure on the employee for clearance of dues.

[ I feel this is entirely employer’s discretion unless there is a court decree]

DR SURESHA G   17 July 2021 at 18:01

Female share in ancestral property

Female share in ancestral property
Dear Sirs
I have a query. I greatly appreciate if the club members give their valuable opinion.
My maternal Grand father is Late H Sanna Somappa Died in March 1975-Hale Kunduvada Davanagere Taluk/District .My Grand Mother is Late Gangamma Died in June 1997
They had 10 children
1. H S Hanumanthappa -Died in March 1985 at the age of 52 years –Married 1955-8 Children
2. H S Parvathamma Alive – with 3 Male Children age 72 years as of 2015-Married 1956
3. S Revanasiddappa Died in 2004 at the age of 62 years – 3 Children (1 Male Expired) –Married in 1966
4. H S Nagarajappa Died in 1996 at the age of 51 years –Married in 1966-5 Childrens
5. H S Jayamma Died in 2012 at the age of 66 years-Married in 1959 5 Children (3 expired )
6. H S Heggappa Died in 2006 at the age of 59 years -5 Children Married in 1968
7. H S Sharadamma Married in 1966-Died in 2009 at the age of 60 years -4 Children
8. H S Bharamakka Married in 1966-Died in 2021 68 years -3 Children
9. H S Rathnamma Married in 197 Died in 2020 65 years -2 Children
10. H S Gangamalamma Married in 1975Alive age 67 years -4 Children
Late H Sanna Somappa had property as follows
Schedule 1
1. 56 Acres of Irrigated land in Hale Kunduvada Davanagere City Corporation. Which is worth of 56 Crores as of 2021 property value (Ancestral )
Schedule 2
2. 6 Numbers of Houses in Hale Kunduvada Davanagere City Corporation. Which is worth of 1 Crore as of 2021 property value(Ancestral )
Schedule 3
3. One building 2nd main 7th cross Vinobanagar Davanagere which is worth of 50 Lakhs as of 2021 property value(Sold in 2013 by male children and having the consent of only female children of H Sanna Somappa and Gangamma ignoring other 3 female children ) (Ancestral )
Late Gangamma w/o Sanna somappa
Schedule 1. Owned =28 Guntas (Kana koppalau) which is worth of 3.5 Crores as per
-Inherited from her father.
Issues 1
The male children of Late H Sanna Somappa i.e. H S Hanumanthappa,H S Revanasiddappa ,H S Nagarajappa and H S Heggappa made a Jubani Partikath (Partition ) in 1980 in schedule 1,2 and 3 (4 shares) leaving the female children . But the partition made in 1980 which is written as done in 1974 which is false. The document was prepared in 1980. It has been shown that HS Sanna Somappa was alive. It is false. It is mentioned that H Sanna Somappa signed the partition. Schedule 1 2 an3 were equally distributed among 4 male children of H S Sanna Somappa and Late Gangamma leaving 1acre 20 guntas for life maintenance ignoring the 6 female children.
This Jubani Parikath (Traditional Partition) was later registered in Sub Registrar Office Davanagere
Six female children of H Sanna Somappa and Gangamma file a civil suit in Davanagere Civil Court in 2010 and Judgement came in 2018 with a decree to distribute the 1/10th share for 4 female children of H Sanna Somappa and Gangamma out of their Life Maintenance Property only 20 Guntas . The court did not consider the remaining 1Acre. Actually l 1acre 20 guntas for life maintenance. This 1 Acre has been stolen by 4 male children of H Sanna Somappa and Gangamma.
Now the 4 male children of H Sanna Somappa and Gangamma are expired and their legal heirs sold few properties out of 56 acres.
My Request is there any possibility of getting the share for the Female children of H Sanna Somappa and Gangamma in schedule 1, 2 and 3 as per the recent Laws /amendments of Supreme Court in respect of Properties for female children.
Issues 2
Late Gangamma w/o Sanna somappa
Schedule 1. Owned =28 Guntas (Kana koppalau) which is worth of 3.5 Crores as per 2021 property value -Inherited from her father
Gangamma w/o H Sanna Somappa expired in 1997. After her death the 6th Daughter of Gangamma & H Sanna Somappa prepared a fake document in Rs 20 Stamp Paper and prepared a fake will deed. The LTM of Gangamma is fake. She transferred 28 Guntas Kanakoppalu in her name at Davanagere City Corporation and obtained Endorsement and paying the taxes regularly. She is not in possession. The civil court did not accepted the will. The land is vacant and few old building are there in 4 guntas.
My Request is that is there any chance of cancelling the will and transfer the property in Joint names of 10 legal heirs of H Sanna Somappa and Gangamma.
I greatly appreciate your valuable opinion and advice/recommendations to go ahead for the Justice
Please advise me how to approach.

Awaiting the response from the member friends
Respectfully yours

Dr Suresha
s/o Late H S Sharadamma. (7th legal heir of Late Sanna Somappa)
DAVANAGERE

Avinash   16 July 2021 at 21:49

Can traffic police stand on road when light is green ??

I saw many times in delhi roads 3 to 5 traffic police officers stand on road while light is green and traffic moving towards them and due to this congestion on road increases. I really want to know this act of police officers is legal or not ??

Also they park their bike on road is this legal too ??

Do traffic police have these special powers under any law in india ???

Where I can submit photo or complaint on this
Issue ?