Seshagiri Viswanatha Rao
25 April 2010 at 07:26
Sir
As illegal sale of land transactions have taken place on the landed properties of late father the original document of father has been fabricated/created in connivance with the local residents late father expired in jan 1987 and mother in 1992 we are absolute living brothers and sisters the title deed is in favour of late father only His document has not been quoted as Link Document in subsequent sale transactions My late father has not gifted any portion of his land to anybody including his own legal heirs during his life time when the sale transaction took place between my late father and seller it was categorically executed and indicated in clear terms by the seller in the document slemnly declared thatshe was sole absolute full and absolute owners of lands. She further afirmed that property was her self acquired property and is free from all encumbrances like mortgage gift covenant lease charge attachment injunction prohibitors order litigation and indemnified against loss which vendee may sustain in future due to any claim against the plots the seller undertook to defend the title of the purchaser through a court of law with damages/costs in case of defective title All the genuine and valid supporting papers including encumbrance certificates etc were furnished to the SRO concerned but there is no response till date It is requsted kindly quote amy supreme high courts in respect of registration of gift deed settlement illegaimed by the land grabber
Thanking you
s viswanatha rao
raj
25 April 2010 at 00:48
dear learned counsel!
I am a medical specialist working in an institute on salary basis.In the year 2008 I operated a poor patient for his eye ailment at free of cost under a govt sponsered programme.After surgery due to some dystrophy condition of the eye he didint get good vision.We took a second opinion by another expert and treated him accordingly.Later he was dischrged and explained to him about the visual out come.He didnt turned up for subseqent visits and he sent a legal notice demanding a huge amount towards copmpensation for his lost vision.Shall we held responsible?
Pankaj Mehta
25 April 2010 at 00:19
learned experts,
A injunction claiming civil suit was decided after framing of legal issues such as res-judicata, limitation and non complaince of procedure u/o 1 R 8 cpc, and without taking evidence of any party concerned, the suit was dismissed as the legal issues were decided in favor of defendant.
Now the appeal has been preferred by the plaintiff, challanging the judgement mainly on the ground that the trial court has made a manifest error by deciding the case upon legal issues without taking evidence of parties and the issues framed were not purely legal issues and relating with both fact and law.
I have searched a lot but i didnt find any landmark judgment on this topic specially on order 14 cpc
Please suggest me some citations and clarify on this subject--legal issues can be decided without taking evidence whether documentary or oral.
in this case admission-denail of documents by both the parties under order 12 cpc was made before passing the judgements
vinod bansal
24 April 2010 at 23:46
R/Members
I am representing the complainant in a crl revision against summoning order of magistrate,accused has taken a ground in their revision for setting aside order of summoning on the ground that he was not present at the spot at the time of occurrence rather he was on duty in a bank at that time.There is numerous citations in which courts time and again held that plea of alibi cannot be taken at the stage of revision against summoning order,but presently not a single is available with me.Kindly provide me.Thanx n Regards
vinod bansal
24 April 2010 at 23:39
R/Members
I am representing in a crl revision against summoning order of magistrate,accused has taken a ground in their revision for setting aside order of summoning on the ground that magistrate has not passed a speaking order,court ought to consider all evidence and than pass an order,as i think prima facie case is sufficient for summoning,court has relied on my citation UP Pollution board..SC and summoned the accused.Kindly suggest me some latest citations on this point in which courts held that prima facie case is sufficient to pass a summoning order in a pvt crl complaint.Thanx
DR SURESHA G
24 April 2010 at 22:59
Dear Sir/Madam
My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003.
Then we compromised before elders of the society and the shares were allotted as follows:
1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.
A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.
Everything was fine up to 2007. Me and my parents living together and my brother was living separate.
I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income.
In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him.
Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attach he was in hospital in Jan 2008.
During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.
After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.
From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.
Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.
I request your kind self to clear my doubts.
1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?
2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter.
3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ?
Please clarify my doubts.
Since 6 months i am waiting for your opinion .
Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother
Please let me know about the consequences.
Very Truely yours
I am still awaiting reply from experts
pratik
24 April 2010 at 22:55
In detail if possible with the examples
Doctrine of fixtures
doctrine of lis pendens
doctrine of quid pro quo
doctrine of consensus ad idem
pls experts give the abovementioned details.
P.ESAKKIMUTHU
24 April 2010 at 22:50
Chennai HC has held in (1988) 2 MLJ 398 (P. Annamalai vs The Collector Of Ramanathapuram And Ors.) on 25/2/1988 that acquisition of land for dalit is not discriminatory after the The Constitution (First Amendment) Act of 1951 introduced Sub-clause (4) of Article 15,.. The full judgement can be seen by clicking the link:indiankanoon.org/doc/353769/. Para 21,25 & 27 may be referred
Whether this ruling was overruled or not .What is the present position with regard to acquisition of lands for dalits .Is there any latest judgement by SC on this aspect of acquiring lands for dalit's purpose
vinod bansal
24 April 2010 at 22:26
R/Members
I wrongly filed crl appeal instead of crl revision against discharge order in a pvt crl complaint before sessions court,limitation is not disputed,kindly suggest me any citation in which it was held that court can treat appeal as reviosion in given facts.Thanx
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