Lost sale deed

Sir,
I hv made an agreement with a party for purchasing a piece of land with half constructed house. My intention was to obtain a loan from SBI. After verifying the docs which have been already morgaged with Syndicate bank, a handome advance amnt was paid to the Seller. However, SBI has turned down my loan application saying one of the previouse sale deeds is not the original one(They go after 20 yrs flow). On inspection it is found that a previouse saled deed is lost by the seller and in place of it he got certified true copy; bais on which he secured the loan from syndicate bank. But, the SBI is not ready of accept the certfied true copy. However, PVT banks come forward to give me the loan. My query is : Is there any harm (legally) if i go ahead with purchase?. shall i get any legal immunity, if at all the lost one resurfaces tomorrow by any means (eg fradulent activities)?.If the orginal might be morgaged elsewhere, should i be liable for legal actions as teh present custodian of the property?.
However, the party has the original one which he has got in his name. Another old one is also there in original.

Looking forward for a response.
regards

anil

false 498a case

498a filed in 2003, wife falsely alleges that the husband beat her in a paying guest apartment where she was staying , police size the articles like fridge washing machine etc form husbands house and book a case, husband sent to judicial custody for 6 days. The IO ( police ) registers the false case.

Husband wins the interim custody of articles by producing credit card bills and the wife does not challenge the interim order.

Wife also files a false case of divorce citing the 498a case where the address of the PG is given.

Now all complainant witness examined and the defense witness is the owner of the apartment where the alleged incident took place. In fornt of the court the apartment owner says he never ran any PG accomodation, he does not know the police filed a case and his house address is used and he does not know the complainant ( wife)

Final arguments are pending.

Questions:

1) Is it malicious persecution, giving false evidence, common intent etc?

2) criminal conspiracy by the wife, witnesses and police against the accused

3) As the address and the events of assault at the apartments have no standing because the apartment owner has come to court and said they are false.

4) Does IPC 120. Concealing design to commit offence punishable with imprisonment apply

5) Does Section 182 in The Indian Penal Code - False information, with intent to cause public servant to use his lawful power to the injury of another person apply

6) Does Section 196 in The Indian Penal Code - Using evidence known to be false apply

7) Does IPC 201 Causing disappearance of evidence of offence, or giving false information to screen offender

8) Does IPC 211 False charge of offence made with intent to injure apply

9) Does IPC 218 - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture apply on police

10) Does IPC 327 - Voluntarily causing hurt to extort property, or to constrain to an illegal to an act.

11) Does IPC 347 - Wrongful confinement to extort property, or constrain to illegal act.

12) Does IPC 355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation apply

13) Does IPC 420 - Cheating and dishonestly inducing delivery of property apply

14) Does IPC 424 - Dishonest or fraudulent removal or concealment of property.

15) Can IPC 500 - Punishment for defamation.-- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

16) Does PIC 343 - Wrongful confinement for three or more days.-- Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

17) Does IPC 177 - Furnishing false information apply

Please help if you have any judgments and what relief can I ask for to the court as the trail ran for 6 years on this false allegation which can be proved beyond reasonable doubt by the strength of the flat owners statement. I just need your expert second opnion.

negotiable instruments act

Does NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT 2002 is effective

Anticipatory bail under IPC 467 and 467

Delegated legislation

Sometimes rulemaking powers under certain Acts are given to certain authorities ,boards, committees or government at large. These rules provide certain procedures or modalities or forms chiefly destined for the purpose of carrying out the aim of the legislation.

Now the problem is how far can the authority go in to legislating further on certain points?

Sometimes the government inspired by popularity motive or for the popular weal makes some scheme and issues GOVERNMENT RESOLUTIONS(shortly G.R.). Under these G.R. certain rules or provisions of Acts tend to be controverted. How far are these Government Resolutions or notifications hold good in point of law?

In short delegated legislation in general create a kind of dilemma which sometimes seemingly good play havoc with the rules or provisions of the Act. So what kind of criteria limitation can be attached on such delegated legislation and can I have a detailed explanation on these points in any referable book of any author of India or any other country?

Delegated legislation

Sometimes rulemaking powers under certain Acts are given to certain authorities ,boards, committees or government at large. These rules provide certain procedures or modalities or forms chiefly destined for the purpose of carrying out the aim of the legislation.

Now the problem is how far can the authority go in to legislating further on certain points?

Sometimes the government inspired by popularity motive or for the popular weal makes some scheme and issues GOVERNMENT RESOLUTIONS(shortly G.R.). Under these G.R. certain rules or provisions of Acts tend to be controverted. How far are these Government Resolutions or notifications hold good in point of law?

In short delegated legislation in general create a kind of dilemma which sometimes seemingly good play havoc with the rules or provisions of the Act. So what kind of criteria limitation can be attached on such delegated legislation and can I have a detailed explanation on these points in any referable book of any author of India or any other country?

Property settlement deed - reg.

Dear Sir,

Well and hope to hear the same from you.
I have queries with regard to property settlement.
I am the only son and have 2 sisters.
My father have made settlement in favour of me and registered
properly. [His self acquired property]
In the deed it was mentioned clearly that both my sisters have no
no rights as my father have rendered adequate monetary and other
benefits to both of them.
He also mentioned to change all the records of Corporation,
Metro water, Electricity and Patta transfer in to my name.
The deed was executed on March 2009, but so far I have not
changed into my name.

But recently I came to know that one of my brother-in-law
have planned to challenge the settlement on the grounds
that my father was compelled or coerced into giving such
settlement, or that he did not have the mental or the contractual
capacity to give such settlement.

I want to know how I can defend this in case if he approach
in that way.

Though my father is very much in support to me, should also
consider the fact that he is already 81 years old and
deteriorating bed ridden patient.

[a] how can I take up extra measures to defend,

[b] whether a settlement can be revoked &

[c] as a matter of protection can I make a settlement in favour
of my wife.

I am in possession of the property & my father is with me.

Awaiting your reply eagerly.

Thanking you with regards.

Full & Final Settlement of Director

Hi,

One of the Ltd. Company director retire from the post on personal ground. What legal benifit made his full and final settlement.

Thanks

(A.K.Roy)

Capital gain on property

Dear Sir,

I wanted to know about the Capital gains rule for property if sold before 3 years of purchase. Is capital gain applicable.

If Sell deed is not their than is it advantage to the seller or in that case also capital gain is applicable.

If the property is over 3 years and Sell deed is not their is capital gain applicable.If property sold than can stampduty is refundable if sell deed is not their.

Kindly also wants to know who has to inure the expences of Sell deed.

Regards

Deepak Kulkarni
Mobile 9850985011

Talaq under muslim law

Dear Sir,

I had sent two Talaq notices to my wife from Saudi Arabia with the interval of more than one month but she refused to accept these notices and it has returned to me. I also sent copies to her guardian and my father as witness which is delivered.


After sending the second notice I sent copy to Jama'ath secretary (Qasi). But he informed me that he had file my letters but he did not consider it as a valid talaq. And he is not ready to explain the reason for refusing to accept my talaq notices.

Anyway I had sent the third talaq notice to my wife and copies to her gurdian and my father. Also I sent RS.30000 to her bank a/c which includes RS.5000 as idda period expenses and Rs.25000 as Mata'a.

Please advice the further step to complete the formalities of divorce.