Abdul Majid Visharam
28 February 2024 at 15:42
This is a matter where builder has trespassed and occupied one of the six shops without any shop agreement with the building owner demanding excess amount saying losses though he accepts that the entire amount has been paid by the building owner.
Building owner approaches local police with the direction from commissioner and the local police registers complaint with CSR and stops there. Builder owner files petition in the magistrate court under 156(3) where after 3 months the petition gets dismissed.
Now the building owner files petition in the High court where the court orders under 154(3) to police for further enquiry and action. After 2 months of the High court order the police enquires both the parties. Before police the builder cum trespasser though says that the entire amount for construction has been paid but demands more amount than in the agreement. Also the police questions to the builder cum trespasser repeatedly as to why are you occupying the property when the entire amount for the construction has been paid by the building owner. The building owner says he cannot pay extra amount and would prefer to go to the court for the eviction order. Now the police without filing FIR sends us enquiry report saying the matter is CIVIL IN NATURE.
Now can we take back the matter further to the High court saying police has not filed FIR for an illegal occupation by the builder cum trespasser and also says the matter as CIVIL. If not what is the remedy. Request your opinion.
Thank you
Abdul Majid V
raju
26 February 2024 at 20:41
Criminal complaint dismiss under section 203 by trial court. Now wants to file criminal revision before High court. My query is what is time limit for filing revision i.e 30 days / 60 days or 90 days
Anonymous
26 February 2024 at 19:56
I have won the case of cheque bounce, the court has given its judgement. Now we even filed execution. The accused is not taking notice from court to pay the devided money to court.
We are serving the second time, and his parents say, hes out of town and not accepting the notice.
What do we do now? Even after winning the case,im not getting my money.
Anonymous
25 February 2024 at 12:43
Respected Experts,
I parked my car in a no-parking area at the railway station. The parking area is managed by an independent contractor. He charged me double the fine amount posted there, and he locked my car, refusing to allow me to retrieve it without paying extra. He gathered many individuals there, so I paid him and went home. I want to ask experts what actions I can take against the parking contractor for his conduct, and whether it's legal for him to lock my car
raju
24 February 2024 at 21:34
Private criminal complaint of sexual assault is dismissed by lower court as no sufficient evidence to proceed for issue of process. My query is can file revision before High court or can SLP he filled before Supreme court.
Anonymous
23 February 2024 at 23:16
My friend bought a house through auction from Indian Bank,Salem Tamilnadu which was recoverd under SARFAESI ACT 2002. The above said property was registered at local area Tharamangalam Sub registrars office and got sale certificate on 3/3/2021.
As the borrower cum earlier owner refused to give possession to bank , the bank with a court order at the presence of revenue officers , police inspector and other relavant officials took possession of the property and gave possession to me on 7/03/2022.
Following this EB CONNECTION,PATTA,property tax and all have been tranferred to my name. Additionally I have built building with panchayat approval on vacant land and I have been paying property tax for this buildings too.
But on this jan 2024 the earlier owner entered my house and stole my gadgets and many other things. i lodged a complaint with camara footage with police. No FIR REGISTERED. . Following this ON SOME OTHER DAY the guy damaged my bike and hence I called 100 and police came and saved me from him.
Now unexpectedly while I went to visit my mother and family,ON 24/01/2024 the guy broke open all my locks and entered. I have complained this also but the inspector is not registering FIR. In the name of enquiry I was called but other guy did not come.
on 30/12024 i have appealed in writing to DSP to register FIR . But no action so far.
now I am avoiding going to my propert as that guy may create criminal nuisances and police may ill-support.
please advise for further steps. thanks
Dilip
23 February 2024 at 22:40
If someone has.make a fake.document and take a flat in SRA building can we put a case of benami property on him or what else we can do to get it's property documents checked
Sumit Mandal
23 February 2024 at 10:01
Hello there is an incident took place in may 2022. Me and my dad was out of our home and my mother was alone for about 2 hours and by taking that chance out neighbours attacked my mother and snatched some jewelleries. After I came home without knowing anything or gathering any proof I went to my local police station to make a complain against the neighbours but as one of the member of those neighbours work as a cibic volunteer, next day police came and forcefully said that we're acting.
And after that few days later we got a notice from court with crpc 107. Then an advocate misguided us and make us pay the penalty and made us convicted & guilty without letting us know. Now I've applied for the passport without mentioning about my crpc107. I got an objection notice from passport authority saying that I have a pending criminal case "Charged with Criminal Proceeding or any arrest warrant/summon pending". Now I wanted to know is this CRPC107 matters this much in any government matters such as passport application and does crpc 107 legitimately make any criminal record by pleading guilty, if yes then for how long?
Will it gonna interfere with VISA application too?
Rakesh
22 February 2024 at 01:13
I had got a cheque for 4,00,000 as refund from a company.
The cheque bounced and a notice was sent within 15 days from lawyer to company.
The payer partially repaid 1,00,000. A letter was given promising payment of remaining 3,00,000 within 1 month.
This payment was not done and dishonoured. The 30 day time limit to file a complaint has passed.
Can I proceed to file case under sec. 138 ? It has been more than 30 days after the 15 day notice period. Can I apply for condonation of delay for filing complaint as per section 142 , which allows for condonation based on this circumstance?
I re submitted the cheque, but did not endorse it for the lower amount. The cheque bounced. I have time to send a new notice in this second case, but the pending amount is only 3 lacks, but cheque is for 4 lacks. I believe that sec. 138 would not be valid for this case.
The cheque is now expired, so I cannot submit it again. What would be the way out? Is civil recovery suit my best option?
Member Strength 9,47,924 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Fir in advance
AS CBI REGISTERED FIR ON 30.11.2023 AT 10.40 AND INDICATED THE INCIDENT WHICH WAS HAPPENED ON SAME DAY i.e. 30.11.2023 at 16.00 .
on that BASIS CBI arrested me , i approached HIGH COURT for quashing of FIR under section 482 ,
Experts kindly guide me