Anonymous
05 January 2010 at 23:06
sir,
i told to forget that boy&girl got married(court marriege)and there girl's parent not complent officiealy in police,
can a police still harress especialy my brother who has nothing to do in all this mattter [by asking about my father's fone nomber]
the same person who set the earlier qoery
Anonymous
05 January 2010 at 22:38
5th January 2010, Bangalore
This matter is regarding to a property where I have been living since 1972
This property was built by my Mothers Brother (will call him Joe) in 1964 and he was a bachelor, he died a Bachelor in 1982 and unfortunately did not make any Will regarding the property
My mother’s side consisted of 3 Brothers (Mike, Joe & Pat) & 5 Sisters (Jay, Mar, Eliz, SrA, Mel, & Emil (and none of them are alive today)
The entire property which has 2 separate ground floor units was rented out by my uncle Joe until 1972,
Emil’s Family (My Mother) moved in to a part of the Ground floor unit around the year 1971 & then Joe constructed a further First floor in 1972,
Emil’s Family moved in to the entire first floor portion has been living in the first floor since then
Later Pat’s Second wife & family along with Pat moved into the ground floor unit where Emil was living earlier.
In 1982 when Joe passed away with out making any Will or Deed regarding the Property
All the Brothers & Sisters of Joe who were alive at that time had a discussion and decided that Pat will collect the rent for the remaining unit of the Ground floor & Emil had no objection in this regard
After some Months another Sisters of Joe (SrA) passed away
At this point there were only Mike, Pat, Emil & Mel who were alive
The remaining Brothers & Sister of Joe decided that it would be good to have some legal papers regarding the property, and went in to create something in the line of a GPA,
However in the document my Mothers name (Emil) was not included as one of the GPA and my mother insisted that her name be included, as she felt insecure since the document mentioned that Mel & Mike will be the people who will have the GPA over the property
A case was file against Emil by the rest & after a some years of legal battle the case was dismissed & no one took any interest regarding the property
Now after some years non of Joe’s Brothers or sisters are alive (Mike, Pat, Emil & Mel all passed away)
The house tax is still being paid in the name of Joe & there are no legal documents regarding the property
I & my Younger Sister are still living in the First floor
Pats family is living in the Ground floor and collecting Rent
After the death of Joe’s Brothers & sisters ,Pats elder Son started to claim that he is the Owner of the Property and created serious problems to his Mother & Brother and as a result Pats Mother & Younger Son moved to another house
Of late Pats elder Son claims that he is the Owner of the Property & has been getting drunk with Alcohol & behaving violently and has threatened to kill my sister & my Family
Last month Pats Son started to behave very violently and we called the Police Station & the Night patrol Police took him to the station & kept him there for a while and we filled a form at the police station stating the matter about his misbehavior, and later that night the younger son of Pat asked us not to file a case against his elder brother, So we had a compromise with an understanding that we will not be distributed or troubled in future
Recently Pat Elder sons Wife & Children has moved out of the House at the Moment as he has been beating his wife & Children under the influence of alcohol.
1. I would need advice on how I will be in better position to safe guard my family & myself as I return home late in the Night after my work and feel threatened and the necessary steps or precaution that I need to take incase anything happens for the WORST.
2. How I would be able to bring an end to this Property matter, without getting into any kind of misunderstanding with the rest of the share holders
3. Who would be the Right people that I would need to approach
4. Where & what kind of legal information I would need to refer to get a more better understanding of my current situation
“PLEASE ADVICE & HELP NEEDED AT THE EARLIEST.”
Thank you for your Support in advance
P.S. If I have overlooked or missed any information or details that will be helpful to you & me please email me & I would be glad to provide them
sandeep jindal
05 January 2010 at 21:41
dear expert
please suggest any case decided by either HC or SC wherein it was held that during trial, the statement recorded u/s 164 crpc would prevails over statement recorded u/s 161 crpc, in case there is contradiction between the two...
thanx
Anonymous
05 January 2010 at 20:27
sir,
three days ago a girl was ran away with a boy ang got married,both are major.
now the problem is that my father is a family friend of boy's family,and they asking my dad about any clue if he has,when my dad was said in front of police that he knew nothig,and avoid further call by police .
than the police call my brother that my dad is not piking the fone & where he is, he(brother) said that you have no. of my dad its ur problem if he is not piking up the fone then they said sorry,but still call to my brother.
what we can do -so that they not call my brother regarding my dad's nomber issue,
1. what are the concequence in my father problem,can police arrest my father in conspressy metter.
2. can we stop police to stop call my brother.
T.Srinivas
05 January 2010 at 19:57
Respected experts,
one of my client given a credit by way of cash, he obtained a on demand promissory note in favour of him, one of the wittness has written a on demand promissory note, after some day the wittness has given a cheque to my client as part payment of the on demand promissory note on behalf of the creditor, subsequently my client presented to bank, and the cheque is bounced, now the question is can i file cheque bounce case against both the creditor and wittness.
Chetan
05 January 2010 at 19:42
I had send notice of u/s 138 of NI Act on 7/12/2009 and till today not received any acknowledhment of post.
what shall I have to do in respect of liitation because on 7/1/2010 the limitation of 30 days is over
pls provide remedy ...... very urgently...
Anonymous
05 January 2010 at 19:32
A lady runs beuty parlour a press reporter comes at her parlour and asked her to provide the ladies for the nights for the three persons so she denied so reporeter turned that he was demanding for the three various occasion beauty parlour girl for the bride to do treatment of the beauty parlour after wards she shows the all type of models showing the design and pattern to prees reporter she does not know that he is a press reporter now she also discuss regarding the rates and dates the all things recorded by the reporter by the way of the recording pen after wards the he created the cd and sent the said lady and demanded rupees for the not showing the details to the police so lady denied and told that theere is nothing wrong so i have no need to worry so the said person printed all thing that she used to provide call girls behind the lable of beauty parlour in his daily new paper now she would like to lodge the complain before the honourable court against the press reporter whether is mandatory provision before the lodging the complain notice should be given to the accused for the case of u/s 500 and what is the value of the cd
Pls suggest regards
Arvind Singh Chauhan
04 January 2010 at 20:59
Sir,
I am on behalf of complainant. Whose wife has been enticed away by the accused. The complainant later killed him self in depression. There is no direct evidence only except the 9 years child of the complainant. Accused is denying the allegation. I am hope full that if I get a chance to cross examine the accused, out come would be in my favour. Please suggest how can it be possible, if accused does not depose his defence. Can I get permission from court to cross examine, if yes under what provision.
Arvind Singh Chauhan
04 January 2010 at 20:51
Respected seniors,
Please recall me the exact provision or section in which Genuineness of document is admitted as writing on it "Formal proof dispensed with". Sir what is the proper way to write, that in future it may not affect us. I have seen many judgment in which in appeal It bears a adverse affect. Proper word is "Formal proof dispensed with" or " Genuineness of the document is admitted" or " The genuineness of document admitted but facts are denied". What is it's evidentiary value.
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313 statement
in a complaint under secti0n 138 of NI Act, the accused has not given any explanation in 313 statement, when the case was posted for argument accused filed application under S.311 to examine a witness who witnessed handing over of the money(cheque amount) to the complainant, court rejected the application giving the reason that accused has not stated this in 313 statement, what is the significance of 313 in cheque cases? is the court rightly dismissed the application?