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Ashish Bansal   23 December 2020 at 07:02

Property dealer harassing us

Respected Legal Experts,

I had a small property which i sold through a property dealer X, the deal went ok, for which property dealer X took his commission.

My intention was to purchase a bigger property. So I asked the same property dealer to find more properties for purchasing.
He showed few properties to me, but none of us suited me on various reasons.

Later, I enlisted through another property dealer Y & able to strike deal for a property, for which agreement to sale was signed with commissions to this Y property dealer.

But, now the previous property dealer X have started harassing us , by saying he has made efforts for showing you various properties & you must include him in this new deal. We refused his contention that you are not involved in this deal.

Then, we showed us various phone recording which he was secretly recording with us for all our conversations without our knowledge. Even when he used to take us around to show some properties, he would be secretly recording our conversation in his phone.

In one such recording, he showed he made offer to show same property (now under agreement) to my father once , who he is senior citizen & retired , but my father declined at that time as not interested in the area without even agreeing to see the property.
All real dealings were done by me & he never mentioned that property to me ever & neither showed nor struck a deal for the same.

Now, This property dealer X has been harassing & threatening us. he comes to our & fight us . Later, he telephoned my father to put pressures on him by tricking him to admit that he refered the property. Then he got another person Z (who is another property dealer in his partner) to talk to my mother with soft intimidations & pressure demands, which are pure illegal & extortion demands

So, i sent this X a WhatsApp message that he must stop harassing us & especially if he telephoned or contacted my aged parents , i will lodge a police complaint against him. I thought matter is over & did not lodged an actual complaint.

Now, this X & Z have sent us a legal notice for demand , where he repeats his baseless demand & this time he says that he showed us the property & same were referred in recordings, asking 2% demand for entire sale claim, with 1% for him & 1% for his partner Z.

What action, can i take against him ?
1. is his act of phone recordings against our knowledge comes under breach of privacy & under what sections of criminal acts ?
2. Can i lodge a police complaint now , when i merely sent him warning earlier but desisted filing one in actual. And now he has sent us a legal notice
3. Does Legal notice needs a reply or it can be best ignored as well.
4. what if he proceeds to file a civil or complaint case against us, just merely to harass us for not meeting us illegal demands.

jugalkishor   22 December 2020 at 23:40

Drugs and cosmetics act 1940 and rules there under

Today drugs inspector seized the spurious ayurvedic drugs, can he registered a FIR

Anonymous   22 December 2020 at 22:55

Filing of supplementary chargesheet

Sir
my Query is when an investigating agency has filed a chargesheet against a main accused and sums up their final police report that a separate chargesheet will be submitted after obtaining sanction from the appropriate authority, with the charges different (conspiracy to help the accused from getting lesser punishment) from the main charges and stating the charges to be framed. what is the procedure to be followed by the investigating agency.

abhimanyu   16 December 2020 at 22:55

Date

Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."

Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:

a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court

May also provide the case law on the issue, in case there is any.



kalpesh   14 December 2020 at 20:40

Exhibits in a criminal proceedings

Is it possible if we can make a document Exhibited even if nobody stand in witness box because it's a public document and received by RTI ..

Anonymous   14 December 2020 at 20:33

Exhibiting issue

क्या बिना विटनेस बोक्ष में खड़े हुए भी कोई व्यक्ति किसी दस्तावेज को न्यायालय में Exhibit करवा सकता है ? यदि हा तो कैसे ?

Swetambara Purohit   10 December 2020 at 12:57

Domestic violence act

Can Dowry amount be ordered to be returned to the wife in a domestic violence proceeding?? If yes, then under which provision???? Please answer elaborately..

jaideep   09 December 2020 at 11:08

Fraud in case of purchase of second hand vehicles

dear expert my friend has made an agreement of purchase of second hand "Activa" from auto dealer, At the time of agreement he has not disclosed the material facts of the vehicles that there is some problem in engine and it need require work in that engine ,and told that everything is perfect i will take responsibility and on his words after seeing the outer body and one small test drive ,my friend decided to purchase the vehicle and paid 90% amount and rest 10% after 2-3 days after satisfying with the condition of vehicles but ,the very next day vehicles not started after various attempt ,then he decided to inform the dealer and then drag the vehicles to authorized service center where he come to know that ACTIVA engine is almost full damage and it involves lots of expenses ,then he called the auto dealer and said him to collect activa from service workshop decided to cancel the deal and asked for refund because RC is also not transferred and condition of agreement is also not fulfilled, simply dealer has not disclosed the facts and now he is refusing to give money ,physical possession of vehicle is also with him, from the very next day,money is also with him, and not even RC has been signed, almost one month has been passed now my question is that , what legal action we can do to safeguard our interest

abhimanyu   02 December 2020 at 16:04

amount

It has been told by a local advocate that in the case of Notices under Section 111 of CrPC, with respect to breach of peace, sureties of the value of Rs.35000/- are not accepted by executive magistrates by way of cash or fixed deposits but car papers or property papers are insisted. A poor person can arrange sureties by way of ONLY cash or fixed deposits.

It may be advised

i) how the poor man can save himself.

ii) What are the other options for him to get himself released?

iii) Are rules in this regard are different for different states in India. "