Advocate.S.A.Siddiq
18 May 2015 at 09:45
Guardianship order obtained by fraud and concealed - after 12 years respondent of GWOP filed section 5 petition with setaside petition
In sec.5 petition - RW1 & RW2 examined and cross examined- now respondent side filing IA petition u/s 151cpc for examine the junior bailiff of the court -
Without allowing the Sec.5 petition , Is this proceeding is correct ?
Anonymous
05 May 2015 at 08:19
I, a resident of Mumbai had got my name changed which I wanted to update in my AADHAR. I have to tried to do this 3 times but my application keeps getting rejected. I have given valid documents for name change. First I gave the publication of name change in Maharashtra Gazette. The second time I sent it by post. And now for the third time I tried to use online portal. I had submitted a certificate of identity by gazetted officer on letterhead as proof. However, yet again it got rejected. I don't know what i'm doing wrong. I'm submitting the documents mentioned on the website and what the call centre executives advised me. Please help. I need to update name in aadhar as early as possible.
Kvijay12345
30 April 2015 at 14:19
my friend had taken a vehicle loan and dispite of his several requests for the copies of the loan relevent docs, the nbfc for three years failed to furnish any copies of these loan related docs including the sanction letter and the loan agreement which were signed blank by my friend at the time of the processing of the loan. Meanwhile he continued to pay the EMI on loan and finally when he realised that the nbfc is not willing to give him copies of those loan docs,he stopped the EMI on loan after the intimation to the nbfc.Then after three years my friend got loan docs in which he observed many discrepencies which he immediately brought into the notice of nbfc. There was a dispute over these loan documents including the loan agreement. Instead of solving the dispute, the NBFC got the arbitration award passed in its favor without the knowledge to the consumer and towed away his vehicle forcibly without giving any intimation to him or local police station and also without giving the copy of this arbitration award to the consumer. The consumer therefore moved to the District Consumer Forum seeking for the compensation.Now the NBFC have filed their say stating they have possesed the vehicle with the help of that arbitration award.I have heard that such disputed loan documents can not be utilised for arbitration proceedings before solving the dispute and an award based on these disputed papers is invalid.Can the disputed loan documents including the loan agreement be utilised for arbitration proceedings and the arbitration award be passed based on those disputed loan documents? Is such an arbitration award passed based on the disputed loan documents is valid and can the vehicle financed be towed away with the help of such an arbitration award by the NBFC without going through Execution proceeding in the civil court to repossess the vehicle? under which section of the The Arbitration and Conciliation Act, 1996,the award passed on the disputed papers is invalid?
Khaleel Ahmed Mohammed
22 April 2015 at 10:07
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lalatendu das
14 April 2015 at 13:01
Sir we are staying in an apartment for last 11 years.at the time of construction the plan approval authority was with local BDO and builder had taken the approval. Now 2 days back a local news channel has telecasted that our appt.is illegal and why development authority(not BDO) is taking steps to demolish the appt.which has created panic among occupants of appt.
now I want to know whether we are in a position to take legal action against that chanel or not.if its possible then what legal action we should take.
S.R.Venkatraman
09 April 2015 at 13:19
In a case of land grab, F.I.R has been filed under I.P.C Sections 420/447/468(non-bailable offense)against the accused -The matter has been transferred to the C.C.B, Chennai after land grab cell was set up.However,no further action has been forthcoming from the police department on the pretext that the accused obtained 'Anticipatory Bail'from Madras High Court.
On my personal visit to The C.C.B office, I was informed that the investigation has been completed and charge sheet need to be filed after the investigating officer obtains the statements from the accused - However,the police has been maintaining that the accused have obtained Anticipatory Bail.
I discussed the matter with my advocate to know the truth-My advocate says that F.I.R has been filed against the accused only after investigation into my C.S.R and after clearly identifying the gravity of the crime as falling under I.P.C sections 420/447/468 and proves the offense committed by the accused.Therefore, the question of anticipatory bail does not arise.My advocate further states that anticipatory bail is granted to prevent police from arresting a person on mere 'perceptions' and assumptions that the person might have committed a crime-once the crime is proven, the anticipatory granted to the person gets cancelled and the police ought to arrest the accused and bring him/them to court for further trial under criminal law since land grab falls under criminal law.
Anticipatory Bail is only a temporary relief granted to a person so that he does not suffer harassment or unjustified imprisonment due to police action.
If this interpretation of law is correct, I would like to know whether the police is right in giving the same excuse for not arresting the accused even after the crime committed by the accused has been substantially proved.
supreeth
09 April 2015 at 11:42
my grand father and his brother living jointly, my grand father brother has no son or daughter and he adopted my uncle and he executed unregistered deed in 1982 to my uncle. but his wife (grand mother) illegally changed our ancestor property and joint property to her name and executed gift deed in her brother name. now property changed to her brother name when suit is running but my grand mother had temporary injunction against my uncle. last year my grand mother expired. now her brother applied for temporary injunction and police protection under section 152. but civil court rejected his application and given order if he has injunction order under rule 39 (1) and (2) he can apply 39(2A) for protection.
now what we can do now. he will apply for Temporary injunction and protection?
against gift deed can court give injunction order?
Kindly help us.
Athi Vishal HD
25 January 2015 at 09:17
Respected Sir/Madam,
My cousin's sister is an mentally ill(By birth) aged about 45 years. He is only taking care of her.
Is she has rights in the ancestral property
of my cousin which comes from his father side?
Please advice?
Malay Bhattacharya
17 January 2015 at 18:43
Respected Sir,
My Father(Expired) and my uncle ( stil alive) had purchased a land 12 kathas and got registered 6 kathas each in their name respectively and this land falls in 2 dags.They had amicably divided their plot between each other and that divided plot was not registered with a demarcation site plan but a site plan made by both of them in a plane paper and signed accordingly,but finally this site plan was not registered.Now my uncle wants to sell their some vacant land by dividing two parts,one part falls immediately in-front of our ( father's part) main entrance of our ( father's) building which around 1/2 kathas. I have offered them to give us that small part with current market price, but my uncle does not want to sell that 1/2 kathas to us. Now please let me know is there any proceeding which can give that small part 1/2 kathas with current market price? Please advice sir.
Thanking you
M.Bhattacharya
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Adverse possession in tenancy premises
my father has a 5 sibling and they were living together in the municipal chawl apartment in dadar till the death of my grand father, who was having tenancy rights on his name. out of 5 siblings 2 are sisters who left that apartment after their marriage. after his death, in 1991 my father has moved out from that place and took other rental apartment nearby his office. The tenancy has not been transferred from the name of my grand father to any of its legal heir. while moving out of that place, my uncles assured my father, that his right in that place will remain unaffected. however, as the said place has gone under redevelopment scheme (not under SRA act), they refused to give anything to my father as they were having uninterrupted possession of rental premises. so my question is that, whether they can claim adverse possession under a purview of the said facts or we can claim our part in the said property under the provision of tenancy act.