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Anonymous   01 July 2022 at 00:51

Detention under crpc 151

Hi,
I was recently detained by UP Police (Phantom) and got released after furnishing bail bond. At the time of my arrest (I wasn't aware it was arrest), that we (Phantom) are asked to take you to police station because we have a written complaint from your wife. Since my wife have many times dialed 100 and woman hotline number many times in past few months and as a process both of us had to visit the local PS and from there the Police usually advised my wife to take the matter to court. However this time I was taken to PS on 1 June at 21:30 hrs and wasn't informed until next day that I have been booked under CrPC 151 and the form submitted to SEM read that "while our patrol on June 1, we found this person yelling and fighting with his wife and attempted to warn him. But the person overlooked our warning and thus has been detained under sec 151". The form didnt mention my wife or the context of detaining me. There was clearly no violence at the time of my arrest and I cooperated with Phantom police and wilfully went with them. If I would have been doing such a misconduct the neighbours would have watched too. The police came in silently, first called up my wife on the gate and then showed me a written copy of her complaint filed a week ago. The Phantom police told told me that they are taking me to PS because of that written complaint. Is such detention lawful? Can I establish that such detention was caused by my wife's action? Kindly advise

Anonymous   22 June 2022 at 11:40

Common plot

The builder had passed the layout with common plot from Vadodara Mahanagar Seva sadan during the year 1991 claiming to construct a society.

Out of 45 House, They built 33 Houses & remaining 12 plots sell to the members.

While making of a dastavej with all 45 stakeholders, The Builder had put a condition of Keeping all rights of Road & Rasta as well as common plot with him to the extent of selling of it by him to any of the member in a society & with this consent as well as agreement on part of stakeholder only made an agreement of sale deed duly registering of it in a registrar office with all members.

Simultaneously, They divided the area of common plot in 12 Plots & sold it to 12 members of the society with a condition of not making any construction in common plot area. The 12 members had also paid stamp duty for that & registered their dastavej with part area of common plot.

So, Right from the beginning the common plot is only appearing in Layout passed by VMSS but physically it was not at all framed right from the beginning in the society.

Also, Even till Today the society is neither registered nor elected any president or Pramukh officially.

Now, After a span of almost 30 years one House from the slot of 33 House has been sold & the new stakeholder(Only one member) has initiated the process of opening of common plot with VMSS.

Query : (1) Can 12 members can get a benefit of Adverse Possession?
(2) Can 12 members possession of common plot can be challenged in the court by any of
33 members, who had already given a consent of waiving off of the rights of Road /
Rasta & common plot to the builder during the year 1991-95?.
(3) The property card has also been made accordingly for all the members & paying Tax to
the VMSS individually
(4) The 12 members have also not made any construction in common plot area except a
boundary wall for protection purpose & use it as a Garden.

Kindly advise in this regards.



Anonymous   31 May 2022 at 03:55

Legally married before 18

Myself was married with my husband while I was 16 years old. Now I am 20 years.
Can I say I am legally married wife ?

Nidhin M   13 May 2022 at 17:50

Medical examination

My mother's sister has been staying with us for the past 50 years. She is unmarried and 75 years old. Recently she left our house and started staying with a lady(40 years old) who is completely unrelated to our family. My mother's sister was showing some signs of mental issues before leaving our house. We had many times tried to get her examined by a psychiatrist before she left our house but she was not ready to co-operate with us. She was taking some anti-depressant medicine before leaving our house. We believe that she is suffering from some mental illness that is the reason she left our house.
The lady with whom our aunty is staying now was our neighbour for a couple of years and at that time she could able to establish a good relationship with our aunty and now her house is away from our house but regularly visits our neighbouring temples and all. As my aunty was showing some mental issues like, speaking vaguely alone, showing gestures alone, changing mood continuously, etc while staying with us,we tried to get her examined by a psychiatrist but my aunty was like she is absolutely fine. This unknown lady told my aunty that our family is trying to make my aunty a mad person and now my aunty believes that. Now, this lady is not allowing us to see our aunty.Her intention is to grab property in her name. He is taking a stand that a person who attained the age of majority can live with anyone at their wish. My aunty is also not ready to cooperate with us.
Could you please help us to understand whom should we approach to get her examined by a psychiatrist and give her the proper required treatment.

Aman Bains   28 April 2022 at 16:49

case law on 151 r/w 35 b cpc

any case law wrt 151 r/w 35 b cpc

ritesh shah   06 April 2022 at 20:49

Prop tax & maint misallocated in 2 different sra societies

SRA rehab part = Society-A
Sra Salable part = Society-B

- both societies registered separately

- misallocation, prop tax goes in Society-A & registration details are found in Society-B



queries

1. Is resolution required to raise the bill ? Where bill was not raised by 1st committee of Society-B for 9 years (as property tax was not coming in Society-B, so were not aware about membership of the unit, so they assumed its part of the Society-A)

2. then is it required to pass resolution by Society-B , under this circumstance ?

3a. If a resolution passed | where there is only sign of chairman and three NON MEMBERS | is the resolution valid?
3b. and if no audits are done from past 15+ years is the resolution valid?

4. resolutions needs to be sent to the registrar / SRA to have its validation ?

5. Then if unsigned bills are so raised can be charged for interest ? such bills can b denied?

6a. can Society pass resolutions in AGM, for billing the legal fees to member on a case to case basis for notice received from member or on defaults?
6b. any provision in byelaws required?

I am ready to pay outstanding old maintenance, but society is forcefully charging interest and harassing for auditing accounts,

kindly let me as queried above regards to validity of bills and liability of interest..

kindly guide.
thanks and regards

Anonymous   23 March 2022 at 13:23

Demanding cost of adjournment which in reality not taken

CAN COURT DEMAND EXORBITANT COST IMPOSED EARLIER ON GRANTING ADJOURNMENT, WHEN IN REALITY SAID ADJOURNMENT WAS NOT TAKEN DUE TO ECONOMIC CONDITION:

My friend who is Disputant (Plaintiff) and his family member appearing in-person having Case pending at Co-operative Court, Pune. During the beginning of 2nd wave of Covid, in March 2021 on hearing he made an application to Court for adjournment as he is having Cardiac problem and a Co-morbid person.
Court while granting adjournment, noted that- “if further adjournment is to be granted it should be subject to cost of Rs. 2000/- to each to the Opponents (Defenders) to be paid forthwith. In view of this application is allowed”.
As there are six (6) Opponents (Defenders), means he has to pay forthwith Rs. 12,000/-. As he was economically not in a position to pay such exorbitant cost, he make a note on order that he is not in a position to pay cost. On the same day later on he filed an application further to continue with proceeding. Hon’ble Judge in his own hand writings also noted in Roznama that- “Disputant (Plaintiff) made a remark that he is unable to pay cost. Hence matter is kept for final argument. Later on Disputant (Plaintiff) filed application Ex: 21. Matter adjourned for reply of Opponents (Defenders)”. This Roznama also proves adjournment was NOT taken.
Now in March 2022, as my friend Disputant-1 got severe Skin problem and he was not in a position to go to Court. Therefore his colleague Disputant-2 (Plaintiff-2) went to the Court and apply for adjournment on the bases of Skin problem of Disputant-1. The Court while granting adjournment noted that- “adjournment is to be granted it should be subject to condition that the appellants shall make compliance of earlier order Ex: 5 before next giving date and proceed to argue the matter positively. In view of this application is allowed and adjournment is granted”. Here Ex: 5 is the order granting adjournment in March 2021 wherein total cost of Rs. 12000/- was imposed. But, it was not taken due to economic condition.
Respected experts are requested to give separate reply on below 3 points, which will help a lot to my friend, who is not sound economically.
My Query:
a) Whether Court can demand cost imposed in past for adjournment which was in reality not taken even as per hand writing of Judge in Roznama?
b) What can be done for the same before or on next hearing date?
c) Can it be said that order of Roznama hand written by Judge has nullified his own earlier order of imposing cost while granting adjournment?

varaprasad   23 February 2022 at 13:04

Case filing

What is the difference between P.L.C and P.L.M in Courts.?

shyam lal   09 January 2022 at 17:27

Supreme court ruling/orders

Experts
I would like to know if Supreme court rulings/orders are to be followed by the High courts? or are they just advisory in nature?

anil   24 December 2021 at 23:45

Counter affidavit

Dear Expert,
In my property case which I filed partition suit in Senior Division City Civil court just 6 month back.
In that while filling suit, we filed temp. injunction application for not creating Third party interest and any kind of construction for maintaining status-quo.
Now opposite party filed there written statement. After filing written statement on next date opposite party filed one affidavit. Now due to judge retired case is pending for transfer, so we got some time.

When we ask court clerk they said word for affidavit something undertaking and statement made in this affidavit is false, as we have proof for this.
We want to oppose this affidavit and want to reject this affidavit as we want to get accept the temp.inj. application, hence we are thinking of counter affidavit.

I want to know,
what is counter affidavit and will it be come under any CPC provision.
Will counter affidavit Allowed to submit in Senior Division Civil court.
Is any other provision to reject or refuse this fake affidavit.

Currently case is pending for temp. injunction application.

Will counter affidavit help to oppose this opponent affidavit or any other way that we oppose this affidavit.