Ankit
12 March 2020 at 19:50
I gave power of attorney to a person for take care of my land and handle some matters in 2012. Today i came to know that he has made registery of the land in favor of his wife in 2013 in the basis POA.
I haven't given him POA for sale. He did a fraud with me.
What is the limitation of this? It has been 7 years but came to know about this today only, what action should i take and how should i proceed with this?
Thanks in advance.
Balaji Bakthavathsal
12 March 2020 at 18:44
An unscrupulous respondent filed a CRP in the High Court of Madras in the year 2014 with the request to set aside the ex-parte order issued by the lower court and stop the proceedings in the lower court. Since the High Court has not granted any stay for the proceeding, the lower court conducted the proceedings and awarded ex-parte judgment & decree in the year 2016. It is learnt that once the lower court awards the decree, the CRP becomes infructuous. Further, the respondent has appealed against the ex-parte judgment / decree in the next appellate court (Sub-Court) and is dragging the appeal suit for the past 4 years. The CRP is also pending in the High Court for the past 6 years without being listed for hearing. As the respondent is most unscrupulous person who just want to drag on the suit to extort money from us, how to bring it to an end ?
Also please let me know the Order & Rule under which I can file a petition for speedy disposals of both the cases.
Thanks & Regards
Balaji
shivakumarb
12 March 2020 at 17:41
dear sir ,
i am the decree holder in the execution petition JDR is placed exparte, now the HONBLE Court has been issued sale notice , that time third party has filed Order ! Rule 10(2) OF CPC
Now the question is whether the above said application is maintainable r not in Execution petition
can i have
please provide any citation of Apex court
Anonymous
11 March 2020 at 15:26
Hi Experts,
My wife eloped with her boyfriend with our 2 year old kid. And after filing an missing FIR, she returned after 20 days.
Now she is living with some relative.
Can I file a writ habeas corpus for child custody in high court
Thanks and Regards,
Karan
AHMED
11 March 2020 at 14:47
We have Land in the name of individual person and now wants to construct the mosque and sirin (Dargah) on that plot of land along. So what is the legal requirement for the same? My Question is Can masjid and dargah build in the name of individual ownership or trust creation is mandatory? if trust creation is mandatory then what is the procedure? in which law it is created (waqaf Law / Charity Commission)?
Read more at: https://www.lawyersclubindia.com/forum/Constructing-mosque-208394.asp
Ankush dahiya
11 March 2020 at 13:01
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Nikhil chaudhary
11 March 2020 at 11:59
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Ram
10 March 2020 at 12:23
My wife has filed criminal case against me u/s 498-A and 4 of Dowry Prohibition Act.
She has filed 4 of DP act after 8 years of marriage.
Question:
1) Is it TRUE that wife cannot file 4 of DP act after 7 years of marriage.
2) In 4 of DP act the burden of proof is with whom? Either wife/prosecution or Accused/Husband?
3) Indian Evidence Act section 101 and 103 says burden of proof lies on person who asserts anything. But section 8A of 4 of DP act says burden of proof lies on accused who has to prove that he is not guilty of demanding dowry. Does section 8A of DP act overrides Indian Evidence Act 101 and 103?
Anonymous
09 March 2020 at 09:41
MY MOTHER EXECUTED THE WILL IN FAVOUR OF ME DURING THE YEAR 2011. THE SAME WAS REGISTERED WITH SUB REGISTRARS. NOW MY MOTHER WAS EXPIRED.
MY MOTHER FILED SECOND APPEAL DURING THE YEAR 2004 CLAIMING EQUAL SHARE ON THE FAMILY PROPERTIES. THE CASE IS STILL PENDING WITH THE HIGH COURT. THE CASE IS COMES UNDER HSA 2005. ALL THE PROPERTIES ARE SUIT PROPERTIES WHICH MENTIONED IN THE WILL.
PLEASE LET ME HOW TO THE CASE WAS PROCEED FURTHER
WILL AND DEATH CERTIFICATE IS AVAILABLE. THIS IS ENOUGH TO PROCEED THE CASE OR ANY OTHER DOCUMENT REQUIRED.
ALSO LET ME KNOW ANY OTHER FORMALITIES TO IMPLEMENT THE WILL.
PLEASE CLARIFY.
REGARDS
S. RAVICHANDRAN
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Role of social welfare officer in 4 of dowry prohibition act
Background:
Dear Experts, I have filed a criminal case against my husband and his mother u/s 4 of Dowry Prohibition act. During cross-examination of Investigation Officer, My husband's lawyer asked the IO whether the IO refer the case to Social Welfare Officer which specifically mentioned in Section 8(B)(2)(c) and (d) of the DP Act, 1961 and Rules 4 & 5 of the DP Act. The IO answered that she has not refer the case to the Social Welfare Officer and obtained evidence or report.
My Question:
1) Is it mandatory for the IO to refer the case to Dowry Prohibition Officer to collect evidence for the persons committing the offence under the Act?
2) This statutory requirement was not complied with by the prosecution at the time of filing of final report. Is it possible to my husband to escape from conviction u/s 4 of DP act?