Parallel proceedings are maintainable or not?

Respected Sir,

I filed a suit for recovery of an advance amount, on the basis of an Agreement of Sale, as I have paid 1/4th of the sale consideration amount at the time of execution of the Agreement of Sale (un-registered).

The main contention in this issue is” before issuing a legal notice the land owner (Vendor) has transferred the said schedule property to the 3rd parties and registered an “Agreement of Sale cum GPA” and possession was also delivered to them. But the same was not mentioned in his reply notice. It has come to my knowledge, only after filing of his counter pleadings in the above said suit. Immediately I filed a Criminal case u/s 420 of I.P.C. against the defendants/Accused, before the concerned court and the same was referred to the concerned police and the police registered a crime u/s 420 of I.P.C.

At this stage, what I came to my notice is, that the Public Prosecutor of the concerned raised an objection that the matter is in civil nature and Section 420 of I.P.C. is not applies in this regard. Now the police want to close the case accordingly.

So plz.clarify the following:-

1. Without canceling the existing an Agreement of Sale, how the land lord again go for alienation?

2. When the land lord himself declares/assures about the land “was not effected in any of the encumbrances, court attachments, prior agreements or any other issues” as narrated in the registered Agreement of Sale cum GPA? So is it not come under cheating?
3. If I want to go and arrest the defendants/accused, what i have to do?
4. In this I am not going for Specific performance of contract/Agreement, but I filed the suit for recovery of the advanced amount.

succesion through will

Case Hstory:
Plantiff rgistered the commercial land through one of legal heirs of the above said land and demanded injuction for the pocessionof the land.

Defendent who is the lone suviving primary lgal heir and into the pocession and occupation of the land past 35 yrs.
And also got thr ownership certificate from the muncipal aithorities and also tax payer for the above said land.He acquired land through the registered sealed will which was made by his late fathr 35 yrs ago. There was a three evidences who sgned the will but only one signatory is survived. The same person has been produced n the court for evidence.
His statement was he signed the doucument but he is not aware of the matter of the document but he is accepting the signature.
As plantiff claims that the above said wll false pre-fabricated.
After completing the hearings from both parties now the case is for arguments in district civil court.
So many other evidences pertainng to defendent pocession and enjoyment of the above said property and the land today also only in the pocession of the defendent.

My question is what will be decision of the court? infavour of the palintiff or defendent?
What about acceptance of will by Court of law.

Janardhan Kotwal.

CERTIFIED COPY PERMISSIBLE DURING CROSS EXAMINATION

probate

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Buying of a property

Respected Experts,
I hv a qn. to ask -
a residential property G+1, is inherited by 2 persons on floor basis, first floor is occupied by the present owner of the first floor & the ground floor is partly lying vacant & another portion is occupied by an old tenent, who continued to be tenent befour the inheritance & now the ground floor owner has file a case against the old tenent, but then too, the tenent is keeping his possasion into that portion of the property,
Now the owner of the ground floor want to sell the ground floor to me for which he offered a reduced price then the prevailing market rate to me,but he will sell it with the tenent,
now my question is shall i go for purchasing such property or not?
if i purchase the property then how can i make the property ferr from such tenent,
is it possiable that when a legal case is continuing then an owner can sell his property?
Expert Sir, my question is a little bit long but i need the answer as soon as possiable.so sir, Pls. help me.
Thanks
Debashis

restoration of shares from court

my matter was lost in the trial court, and we went in to an appeal in the HC and there also we lost on grounds dismissed for default, time lapse, non joinder, in appropriate physical evidence and so on. the company in which my client holds shares had asked to get them restored from appropriate court, and this too was dismissed, now if i go in a second appeal then can i take a stand that there is no legal point or sufficient legal cause for the dismissal and rest are mere technicalities as my client is a bonafide purchaser of the company shares and company recognized it by transferring it on his name but is not letting it go and not sending it to my client and holding it back in the comapany? what do i do

Is mutation necessary

Respected sir, Is mutation of land falls under notified area(municipal area) necessary after purchase? In urban area land is meant for residential purposes not for agriculture. Is paying revenue and getting revenue receipt necessary after mutation, when one is already paying municipal taxes of their holding? Does these have any legal value in Title and possession? In Jharkhand everyone pays revenue to the revenue department also for urban residential land. When there is no standing crop in the land why should anyone pays revenue of it? This provision is making employees of revenue department richer and more corrupt. What they generally do is when anyone applies for mutation they agrees someone to file objection, then they negotiate appropriately by asking huge demand.Can urban land be freed from clutches of revenue department by filing writ petition/PIL? Please advice. Thanks a lot.

RTI application

I have sent a RTI application to our District Magistrate via SPEED POST. The application is attached. This is my first RTI application, so I am not sure if everything is rightly done.

1. I beg to the respected experts to review the application and correct the errors to make it perfect.

2. I sent it without any proof of citizenship. Will it work?

3. I sent it to the D.M. directly, without PIO etc. Is anything wrong?

4. It is sent by SPEED post, no AD card. Will it create problem on filing appeal in no response case?

With lots of thanks.

** For the experts: I sent it with Rs. 10.00 court fee stamp affixed. Sorry, I forgot to tell it.

The Registration (Gujarat Amendment Bill,2008)

please provide me the copy of The Registration (Gujarat Amendment Bill,2008)

A vs Bank

Dear all,

Please help me to solve the query.

One person called A takes a loan from bank called B and left one house as mortgage against loan with B.



Now B offer to A to get mortaged property insured against which the payment would be effected by B itself which A agreed.



Now due to negligence or say misconception A gives every month EMI including insurance amount and paid all EMI last on Dec 2008. After ten month A realize that he had paid more amount compared to agreed one which A discussed with B. B also agreed and gave its concern but also state that refund of extra amount is against the policy of bank so nothing can be done.



What remedial action are available to A.



Is A can file any civil suit or can he approach any consumer court ?