Mothi
16 September 2014 at 10:59
1. one person has filed a false affidavit in the district court in a claim petition in Execution petition with forged document of Hiba confirmation.
What is the punishment for his filing false affidavit in the court and cheating with forged document for each action separately under what section
2. is that the duty of the court to fix upset price in the court auction sale under what section
Thank you
Mothi
nitya chandra
16 September 2014 at 10:29
Respected Sirs,
My father has mentioned our present home, an office (given on rent) and a land (jointly owned by mother and father) in HUF. Since he has denied to give any expenses to us(daughter and son) including the education, I want us to be secured financially (including my mother) by asking for HUF partition. Earlier my father has also sold out ancestral property in 85 lakhs (in sale deed 35laks is mentioned) and have also reduced the HUF bank account to almost zero (he has chnaged bank accounts many times by opening the account into different bank). I am afraid that he will sell these properties too because he has already said that he will make us people to beg on road.
My doubts are:-
1) IF we ask him for partition, then what if he transfers maximum property in his name? (I dont want to loose the house because we have no other place of residence)
2) Apart from partition, What else can we do to save the property? (some lawyers here say that without our consent nothing can be done, some say he can do anything with it.)
3) On what grounds he can sell the property without our consent?
(he is a CA and he is good in manipulation)
nitya chandra
16 September 2014 at 10:26
Respected Sirs,
My father has mentioned our present home, an office (given on rent) and a land (jointly owned by mother and father) in HUF. Since he has denied to give any expenses to us(daughter and son) including the education, I want us to be sec
Ayan Mukhopadhyay
16 September 2014 at 08:51
we know that any types of material changes in the deed needs a rectification deed to supplement. Do all changes require stamp duty? what are those material changes? Can a lower court direct a registrar to rectify a deed without stamp duty? A title suit followed by solenama ( where ADSR/SR) is not a party)may have any directives to ADSR/SR to rectify the deed without stamp duty? Please clarify.
ckanta
16 September 2014 at 00:53
Sir,
One propeerty suit is pending and i am the defendant in the case and i need to prove my gift deed in my favour by my mother. this is OPD in issue.mother already got expired.
For this i have summoned registrar where the gift deed is registered and out of 2 witness one witness was not traced out and second witness who is available earlier has given affidavit in court that he has witnessed the gift deed and it was actualy executed ,but now he is not ready to appear in the court as his cross examination is pending .now he is saying i will not appear in court .or threatening me that if he is bound to appear than he will depose against me or will weak my gift deed.
Sir m in difficulty .please suggest how to overcome from this situation.will his affidavit earlier given has no value .\
My lawyer is saying you will be in trouble if he will not appear or if appear deposed against me.
Sir its different query please help
please suggest.
S R SHETTY
15 September 2014 at 17:26
I have replied to a Legal Notice admitting the liability thinking that the matter can be resolved amicably, but now can not be resolved and claimant sent second notice. Can we reply through advocate and deny the allegation. I am legally qualified and experienced person. I did not want to reply earlier, but replied as formal compliance.
masroor hasan siddiqi
15 September 2014 at 02:54
Section 92 cpc not applicable on muslim wakfs being governed by wakf act 1995 any case against mismanagement by mutawalli or managing committee members be taken care of by wakf board and in case of inaction be tried by wakf tribunal. Civil courts jurisdiction under sec 92 cpc is ousted by )wakf act1995
sonal
15 September 2014 at 00:43
Dear Experts,
In one cicil case of injunction, i am defendabt.. last date admission and denial was done. court said list of witnesses should be filed in 15 days and affidavit advance copy 5 days prior if want..
my question is being a defendant we should wait fr plaintiff counsel to file list of witness and affidavit and after cross, we, defendant cousel, should file their list of witness and affidavit.
First plaintiff files list of witness and affidavit and after cross examination , defendant files their list of witness and affidavit?
my second question is can i file application in court for additional issues?
Rajeev Maini
14 September 2014 at 23:31
Respected Sir,
As pvt. Ltd company at Bombay whose owner was a distant relative was deliberately not giving payment on time, after repeated request and payment reminders , we stopped supply and sent him notice and finally filed recovery suit C S No. *** at court of Delhi as their registered office was at Delhi. We have authentic bills and related documents. At mediation , they demanded and blamed us for not supplying material and claiming huge amount as goodwill. But no quality issue was raised. After, that they changed lawyer twice and demanding change in written statement. They have started disputing payments by attaching letters from their clients that quality was sub standard and we are not providing E forms.( which can be provided only when they supply us with C Forms) and many baseless issues like we have broken his parties,. My lawyer says we will see and dispute it afterwards and only reply is it is false.He suggests me not to come to date at court unless required by him as word spoken by me can spoil the case.Is it true?After, so many dates issues are also not framed. We started business by taking loan and again as our working capital was stuck, we have take more loan. As case is lingering , it is really hard for us to survive .kindly, suggest is his advice proper?
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Misuse of the national emblem
Last year I had brought to your forum the fact that a neighbor of ours was using GOVT OF INDIA stickers on their private car to fool the police,etc.
In spite of complaining to the police right upto the top, nothing happened except they removed the stickers (maybe they still use them but away from our Society).
Well in June 14 there was aproblem in the Society and the lady in question (owner of that car) was seen dishing out at the police station a visiting card of hers which had the Ashoka Chakra (national emblem with Satyamev Jayate under it)and the mention that she was from the Ministry of Social Justice & Empowerment.I know for a fact that this is not allowed and is a fraud (since she is only an ordinary housewife with no job at all) but try as hard as I did, I could not get anyone to give me one of the cards or even a photocopy of it.
Well in mid July 14 there were two persons who came to our house, but with no proof of identity, stating they were from the Municipal Corp and had come as they had a complaint from a Ministry official regarding some MCGM rule breaches.They wanted to go through the house to inspect the same but my son asked to see the complaint.They refused so he told them they could not take out any photographs inside our house unless they allowed him to photograph the complaint letter- they agreed.
We now had proof with us that something very very fishy was going on.
An RTI 2005 application has been made to the Assnt Commissioner of the Ward asking for a certified copy of the said complaint letter but more than 40 days have gone past and no response from the MCGM.
Fearing anti national activities by this family, I sent an RTI 2005 application to the Ministry of Social Justice & Empowerment stating the facts and asking them to provide me the data when this person in question was appointed to a position in their Ministry,what were the terms of her appointment and for what duration, when was she authorized and by whom to have the National Emblem on her personal visiting cards and personal letterheads. And last but not the least were these visiting cards and letterheads printed by the Ministry (or which other Ministry)as no private printer is allowed to use the "die" of the National Emblem without written authorization from the Home Ministry.
Instead of giving me a response within 30 days of receipt of the application; it appears that the Under Secretary in the Facilitation Section has passed the application on to 6 other departments asking them to reply to me-meanwhile 45 days have gone past and no reply from anyone is fort coming- soon I will be time barred from even filing an appeal.
I may mention that through a contact who is a high official in one of the other Ministries, the Deputy Secretary in the said Ministry of SJ & E has confirmed that no such Committee exists by the name of "Ministry of Social Justice Employment Advising Committee" as this lady in question claim she is a member of and that is why she is eligible to use the National Emblem.
If they have been using Govt of India stickers on their private car, if they have been misusing the National Emblem on their personal visiting cards and letterheads; who knows if they also have the seal/stamp with the National Emblem for anti national activities.
I am totally foxed at the callousness of the police who have been given the visiting cards, by the MCGM officers who were given her letterheads or for that matter even the Ministry when they know there is misuse of their name.
What do I do as a citizen but I am already a septuagenarian (71 +years old and a patient too)remembering that the husband of this person is a foreign passport holder and one who has had a long history of trouble with the Dept of Revenue Intlligence in the multi crore car import scam of the first decade of this century.