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adv.durgadas k.kulkarni   27 April 2010 at 22:03

Status-Quo

Respected Experts,
Please give me recent authority of Hon'ble Apex Court on the point of Status-Quo which would grant in favour of plaintiff to restrain defendant(encroacher) to raise construction on the suit property.

Surrender K Singal   27 April 2010 at 20:21

MCD encroaching upon TOT LOT with Police help

Tot Lot, between A-165 and A-166 in Gujranwala Town Part-1, was being encroached upon by Building-plan-approver Civic Agency with the connivance of Delhi Police, who, unmindful of MCD's ulterior motives, as coaxed by A-166 (who almost a decade ago, tried to usurp this TOT LOT by opening his private entry from his side wall and with iron-mesh grill around this 'neighbourhood facility') for his personal egoist aspirations, came along after most of men-folk of the neighbourhood had left the area for their work-places, thereby minimising resistance in their illegal wall construction motive, as they had come in full force on emergency - WAR level;

In the process, while public exchequer was being emptied for such illegal mis-adventure by MCD (said to be always short of revenue to provide for not only lacking civic amenities but also for ghost employees), a few neighbourers came around to observe the huge Police personnel in dress disproportionate to the meagre illegal boundry wall construction of just 24 feet in front, only to restrict common use of the residents around this TOT LOT.

This is neither MCD land nor MCD property but essentially what is described as TOT LOT in the area plans. , TOT LOT is essentially a small piece of land, so provided in the original Block lay-out plan, as approved since 1970-71, for common use of the neighbourhood residents only, as they may like;.

Mass resident representations were made to the Addl.DCP North West Mr. B.S.Jaiswal, and ACP Smt. Pratibha Sharma, Model Town, and Sh.M.S.Nehra, SHO Model Town. It was shockingly exposed during our meeting with the above senior police officers that the MCD had made a request for police protection to carry out demolitions and stop encroachments. Contrary to their request, what the MCD did was to indulge illegally in encroaching upon our small TOT LOT through the misuse of the police machinery and trying to encroach upon and illegally take over the TOT LOT by intimidating the concerned residents into not offerring any resistance.

Of course, the police force was immediately withdrawn after proper documents and master plans were shown to them. LET DELHI POLCE (already short of staff) be not mis-utilised for such illegal meaningless ulterior motives of MCD and such others who have incited such executives of MCD;

Jai Shree Ram !!


Anonymous   27 April 2010 at 17:51

Shall I recover the amount?

Respected Experts,

Father has taken amount from me and issued an un-dated Cheque for Rs.1 Lakh. One year back he expired. Now shall I file any case against his LRs for recovery of the said amount. If so plz. Clarity.

adv. rajeev ( rajoo )   27 April 2010 at 17:16

NI Act

I am representing the accused No:2 in NI Act case.
My defence is that A:2 is no way concerned to the debt which was paid thru., by A:1.
There was partnership, which was dissolved before the issuance of the cheque by A:1.
As such A:2 is not liable for the offence.
And another thing is that before filing the case complainant has not issued a notice to the partnership firm, in my opinion notice to firm is mandatory.
in the cross examination complainant admitted that he has no other income except the business income and also admitted that he has not produced any a/cs of the firm to show amount is paid from the business income. He said that he has paid the amount personally so in my opinion it amount unregd., money lending as such it does not attract NI Act.
i had gone thru., the ruling of Karnataka High Court that unauthorized money lending does not attract the NI Act, it may in the year 1999 reported in ILR Kar.
So please learned members if have any ruling regarding issuance of notice is mandatory to the firm and regarding unauthroised money lending.
Thanks to all.

venkat reddy   27 April 2010 at 08:17

Sec 421,431 of CrPC

what is the purpose when will be the sections 421,431 of crpc will be invoked ?

venkat reddy   27 April 2010 at 08:11

sec 421,431

what is the purpose,what and when it will be invoked ? kindly let me know

Anonymous   27 April 2010 at 02:50

Appeal against direction in Cr.OP

if any direction is issued against me in Cr.OP under 482 than what is the appeal remedy? Whether I can appeal in the same HC or Supreme Court only?

Krishna R Bhat   26 April 2010 at 15:43

Revival of long pending prosecution cases

There are some prosecution cases launched long back i.e. more than 15-20 years old. The cases have been trnsferred to Long Pending Register long back since the accused are not traceble. In this circustance, whether the SPP who is dealing with these cases can revive the cases by giving applications to the Court and requesting to issue W/A even in the absence of relevant requisition for the same?. Please clarify.

RAJ KUMAR   26 April 2010 at 15:18

forged documents to issue charge sheet

I WAS ISSUED A CHARGE SHEET GETTING FORGED DOCUMENTS MARKED AS MANAGEMENT EXHIBIT. WHEN I POINTED IT THEN IT WAS RESPONDED BY THE ENQUIRY OFFICER IN HIS ENQUIRY REPORT THAT PRESENTING OFFICER HAS NOT USED THESE FOR THE ALLEGATION MARKED FOR. HOW CAN I INITIATE LEGAL ACTION U/S 473 OF IPC AGAINST THE PERSONS RESPONSIBLE FOR USING THE FORGED DOCUMENTS AGAINST ME TO INDICT ME AND HARRASS ME, THE INSTITUTION IS NOT RESPONDING MY REQUEST TO ALLOW ME TO INITIATE LEGAL ACTION. CAN MY WIFE/MY FRIEND CAN DO SO, KEEPING ME ALOOF. HOW DIRECTLY THROUGH FIR OR BY GIVING NOTICE AND THEN FIR?

dimpy kapoor   26 April 2010 at 14:48

foged documents

my father-in-law & brother-in-law have created the forged voter card of my husband. Voter card is in name of my husband but having a photograph of my brother-in -law and voter card no is different than my husband's voter card. what legal step can be taken