SUDHA MAKOL
26 December 2010 at 14:37
Mr. X has filed an anticipatory Bail application in sessions court against threat that he may be arrested by the police under a property dispute case which he has purchased. He alleged that the police is not telling his FIR and is threatening to vacate the property. He has given a copy of regd. papers Agreement to sell and GPA executed by the previous party in his favour to I.O. and a copy of registered AGreement to sell but notary attested GPA in favour of the previous owner. Mr. X was not able to produce any documents relating to allotment or existence of property. The complainant has already submitted with the police that the property does not exist and is the extended portion of his property and has given valid proofs to police for the same. Police has told the complainant that it will produce the copies of DDA letter and MCD House Tax dept. letter that the property does not exist and the matter is under investigation.
What orders can the magistrate give in the case? Will he cancel the anticipatory bail application of Mr. X only or will order complete investigation of the case? Will the magistrate order for registration of FIR as Mr. X has purchased a non existant property or will not take any interest? Will Mr. X be punished by the magistrate or any other case be registered against Mr. X? Will the Magistrate Call the complainant to the court? Is police under compulsion to register this Case or file an FIR as this is a civil matter but still involves some degree of criminal nature?
Anonymous
26 December 2010 at 14:32
My dear friends,
i am having one doubt regarding partnership firm i.e whether one partner can sale firms immovable property on his own name , what remedies available to other partner? whether his suit is maintainable ? please let me know regarding procedure governing laws.
thanking you .
phani
Thyagarajan
26 December 2010 at 13:36
Dea Members
My case in District Consumer forum was admitted at the first instant and notice served on opposite parties. The case was set ex=party as the respondants did not appear. When the case was set for final orders the forum summotto reopened the case and recalled its own admission order and set it aside. I had put this in an earlier query and members advised me that the procedure is against march of law. And the query went to status ‘resolved’.
Though this is a fit case to proceed to the State Commission under sec 17 b of CP Act 1986, I preferred sec 15 and made an appeal to quash the summotto reopening that was done for the purpose of recalling the reasoned admission order. My petition was taken on file notice served on opposite party but still it did not appear and the case is set ex-party again. My intention is to ask the judge in the first hearing to remand the case balk to District Forum ordering it to decide the case on merit. In case I do not get good order on merit I will approach the state forum again.
Is my approach correct or I should plead for hearing of the case on merit by state forum?
Anonymous
26 December 2010 at 09:57
R/Sir
There is a major problem in my city of traffic jam for whole day at railway crossing,Govt. is doing nothing to redress this problem,we have requested so many times to built a over bridge on the railway crossing,but all proved futile exercise,i want to send a legal notice to govt. in this regard and further intends to file a civil suit to solve this problem,kindly provide me some matter/citation/provisions etc. so that i can represent this problem in a better way.Thanx
Anonymous
26 December 2010 at 09:51
R/Members
I am doing work of transporation and having 10 trucks,some bad elements are creating problems for me by saying that they have formed a TRUCK UNION and now every truck owner is bound to do work under their banner of so called TRUCK UNION. They are giving threats to me,my drivers as well as to merchants of the city who used to get my services for transporation of their goods,i know as per law they cannot restrain me from doing my business independently,but i want to file a civil suit for permanent injuction against so called officials of truck union seekink a direction/order of the court to restrain union officials not to interfere and restrain me from doing my business independently as it is the fundamental right of every citizen,i donot want to move HIGH COURT rather i want to file a civil suit in District(Civil ) court,is it permissible,kindly help me,Regards n Thanks in advance
Anonymous
26 December 2010 at 01:54
Hi,
Our father bought a land from a Power of attorney holder in 2003 by paying the agreed consideration. Before he could get his name on 7x12 extract he died in 2004.
And the actual owner(whose name is on the extract)didn't allow us to have possession of this land.
Following this we filed a legal suit against him claiming our right to get possession. It's still pending in court.
In the mean while now a 3rd party has shown interest in buying this land from us paying a agreed consideration much less than the current market value considering the legal suit pending & taking the responsibility to tackle, deal & negotiate with people having the possession of this land.
Would it be safe to sign a 'Memorandum of understanding'with this party stating the terms & conditions of the transactions like consideration price, time limit given to execute sales deed, payment terms etc.
My concerns are below:-
1). What would be the legal implications of this MOU?
2). For whatsoever reason if they couldn't colplete the transaction would it be possible for us to cancel the deal w/o having any further legal complications?
3). In that case can they claim any right on property or ask for any compensation?
4) Would this MOU stand void if any of the terms & conditions is not fulfiled by nthis party?
kindly suggest
Regards,
Anshul
harvinder
26 December 2010 at 00:46
please help!!
question is :
1. whether statement in one's income tax returns as to debt liability towards say "mr.x" is acknowledgement of debt to "x".
2.If Q1IS ANSWERED in affirmative whether this mere acknowledgement in tax returns affords "x" cause of action to file suit for recovery or is the plaint liable to be rejected under order 7 rule 11 for not revealing cause of action.
If answers could be supported with rlevant authorities , prefreably sc, then even better .
Krish
25 December 2010 at 23:40
We are residing in an intestate house owned by my mother who expired in 2005. We were three legal heirs. My father and my brother have died recently. This house was approved for two and half storey by MCD when initially constructed in1985. My father added two bed rooms on the second floor and two rooms, a kitchen and a bath on the third floor without getting it approved from the MCD. The property has not been divided yet between me and my deceased brother’s family. My sister-in-law (Brother’s widow) is threatening that she will have the third floor demolished by complaining to the MCD about the above said unauthorized/illegal construction as her sister works in MCD as a clerk, unless I give her the first, second and third floors, instead of 50/50 as per the law.
I have following queries/concerns:
1.What are the chances of MCD demolishing the third floor and leave the second floor untouched although part of that floor is also illegal, but it is in her possession and since her sister works for MCD she(brother’s widow) thinks she can do whatever she wants to do.
2.She also threatens me that she will complain about me to the police on some kind of charges to teach me a lesson. She is also a mental patient getting treatment from a renowned mental hospital in Delhi for the last five years.
3.How can I find out her sister’s designation and department at MCD in order to stop her from using her position (conflict of interest) and influence in this matter.
4.Her brother has also threatened me with serious consequences including harming my children and used abusive language on the phone.
Please answer these questions asap, Thanks
Anonymous
25 December 2010 at 21:47
"X" is owner of the House, "Y" is Tenant, between "X" & "Y" oral agreement is there, there is no Written Agreement,
"Y" gave sub let to "Z". "Z" not vacating the House. The House is in the Position of may be collapse at any time. walls also got craks. if collaps the house, if "Z" got any damage articles or life who is liable according to law.
My Queries are:
1. How to vacate "Z" by "X" or "Y"
2. Is there any procedure out of court
3. If through court only, then what should "X" do, and which precaustions should be taken by "X"
4. "X" wanted to settle the matter out of court, due to which reason "X" ready to give money to vacate the house, but "Z" not vacating, "Z" expecting some land, due to "Z" living since 13 years
Please suggest, waiting for your reply
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cause of action
cause of action
please help!!
question is :
1. whether statement in one's income tax returns as to debt liability towards say "mr.x" is acknowledgement of debt to "x".
2.If Q1 is ANSWERED in affirmative; whether this mere acknowledgement in tax returns affords "x" cause of action to file suit for recovery or is the plaint liable to be rejected under order 7 rule 11 for not revealing cause of action.
If answers could be supported with rlevant authorities , prefreably sc, then even better .