palmei
18 July 2016 at 09:53
Can a State government regularise any Centrally sponsor scheme staffs recruited on contractual basis?
arya mhetre
18 July 2016 at 09:40
Who is the Competent Authority to verify the Scheduled Tribe Certificate of Central Govt employee
Rohit
18 July 2016 at 08:31
Hello sir we are living in house which is in pagdi system as it was only one house but 26 years back the house is partitioned with my father and his brother.The problem is my house was condition of renovation I went to landlord to ask for permission to renovate house but he denied giving an excuse that I had damaged is property but partition back 25. Years go it was done .Now his saying like if I want his permission I have to remove that partition.As of now I didn't gonna remove the partition and doing the renovation work his guy is coming everyday and taking the p becoz itz must .but his guy taking pictures of the work.what should I do.. becoz he told me earlier if i do renovation work without removing partition he will file a case against me for damaging of property. What should I do and both house are different and room no are different but property tax receipt is one only for both house.So what to do now
Neil Dias
18 July 2016 at 07:42
We are 4 joint co-owners to a family property with 4 flats of a Dwelling House. by law, the residual land, we are tenants in common in equal shares. Pre -emptive clause for sale exists. However one mischief co-owner sold his share and of another brother to a third party without our consent. Now the third party/outsider is staying that we havent objected to the sale deeds (bogus and under priced) and that he is in lawful possession to 50% of the property. They lost the case before CTS and SLR at Mumbai. Now gone in Appeal at the DRL at Fort, Mumbai.
I need your help in getting a Supreme Court Judgement that all frauds done in a sale does not amount to a party to lawful possession.
Krishna
18 July 2016 at 00:15
I am Krishna from AndhraPradesh,
In my village there is a vast extent of Govt.Lands. notwithstanding over period of time sarpanch of that village encroached many govt lands for commercial purpose and created sham documents in the subregistrar office by falsely misrepresented the Sy.No of private land for that govt land and executed registered sale deed. The sale deed was witnessed by three attestors who knows very well that land belongs to Government.
Therefore my query is whether the attestors also liable for the criminal offence ? if so under which section of IPC, and provision of Registration and stamps Act?
Krishna
18 July 2016 at 00:12
I am Krishna from AndhraPradesh,
In my village there is a vast extent of Govt.Lands. notwithstanding over period of time sarpanch of that village encroached many govt lands for commercial purpose and created sham documents in the subregistrar office by falsely misrepresented the Sy.No of private land for that govt land and executed registered sale deed. The sale deed was witnessed by three attestors who knows very well that land belongs to Government.
Therefore my query is whether the attestors also liable for the criminal offence ? if so under which section of IPC, and provision of Registration and stamps Act?
Krishna
18 July 2016 at 00:09
I am Krishna from AndhraPradesh,
In my village there is a vast extent of Govt.Lands. notwithstanding over period of time sarpanch of that village encroached many govt lands for commercial purpose and created sham documents in the subregistrar office by falsely misrepresented the Sy.No of private land for that govt land and executed registered sale deed. The sale deed was witnessed by three attestors who knows very well that land belongs to Government.
Therefore my query is whether the attestors also liable for the criminal offence ? if so under which section of IPC, and provision of Registration and stamps Act?
Sadanand B. Panchal
18 July 2016 at 00:04
Respected Experts,
Court summoned me in the Case of tree cutting offense by the developer Accused A whose name indicated in the First Information Report xy of 2012 registered on my original complaint where the First Informant was officer of the Municipal Corporation.
When I reached the court I found that the Police presented wrong Accused B in the place of Accused A and also submitted Final Report against the Accused B numbering First Information Report xy of 2012. I also found that the Officer of MMC and the First Informant deposed the offence of tree cut was committed by the Accused A. Thereafter I also made my deposition stating the offence of tree cut was committed by the Accused A. The Advocate for the Accused B tried to cross examine me which I opposed.
I further made Application to discharge the Accused B and prayed before the trial court to book the real Accused A whose name was indicated in the FIR which was rejected. Therefore I made Application under section 340(1) of Cr. P. C. praying that in the interest of administration of justice, an inquiry be initiated of offense committed by the investigation officer making wrong information before the court that the offense of tree cut was committed by the Accused B in order to shelter Accused B.
My Application under section 340 (1) of Cr. P. C. was heard by the trial court at length wrongly allowing Advocate for Accused B to participate and thereafter the same was rejected on the ground that the Application under section 340 (1) was made at premature stage as my evidence was not completed.
Thereafter I filed Criminal Appeal under section 342 of Cr. P. C. before the Hon'ble Sessions Judge. At the stage of admission of Appeal, I was not allowed to argue my grounds. I made my efforts to argue but the Court prohibited and finally my Appeal was dismissed with a direction “liberty to file such type of issue at appropriate stage”
I become remediless and on the other hand the Hon'ble Sessions Judge directed me not to obstruct process of evidence even if the Advocate for wrong Accused cross examines me.
In this case Police Prosecutor of the trial Court was appreciated that there was trial going on upon wrong Accused B and therefore she signed on my earlier Application under section 340 (1) of Cr. P. C.
I do not know what is procedure to be adopted in this case when the trial court knows that there is wrong Accused B and Accused of the FIR is Accused A are different persons. I am in this matter since the year 2013 and spent lot of money to obtain justice against the Accused A who cut 21 trees in my area and no single tree planted.
Please advise me how to obtain justice.
Ramesh
18 July 2016 at 00:01
1) Mr X is not present at the scene when dacoity took place ... Is IPC 395 Applicable?
2) Mr X transfered Rs 5000 through bank to one of the accused prior to the offence, but IO did not specify how is is used for offence... Is IPC 399 applicable
Plz give clarification and any judgements to support the issue..
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Property law
We got married in Aug 2015. My husband bought a flat in April 2014. His parents,younger sister, elder brother, his wife live in that flat. We both live in another city.
When he bought the flat,he was working in another city so to complete the paperwork for the housing loan on his behalf, he gave Special Power of Attorney to his elder brother. We have now shifted to US.
Can his brother take the advantage and sell it off or misuse his rights? What are the dangers ? What are his limitations? What are my rights as a wife? Do I have more rights or the elder has more rights? What can be done to prevent any misuse by him?
Please note, my husband is the one who is paying all the emi so the liability is on him.
The document looks like the below :
SPECIAL POWER OF ATTORNEY
Known all men by these presents I ___ Son/Daughter of ___ Major, at present resident of WHEREAS I went abroad and stay outside for a long period on my Employment and whereas I intend to apply Andhra Bank__________ branch for a Housing Loan limit of Rs._____ and for the said loan Mr/Mrs. ______is the
Coobligant and whereas in the circumstances aforesaid, it is necessary also expedient for me to appoint an Agent to look after all my affairs during my absence. Now, known by these presents do hereby and here of appoint an Agent to look after all my affairs during my absence. Now, known by these presents I do hereby and here of appoint the said Mr./Mrs._______resident of ___ as my true and lawful attorney, for me in my name and on my behalf, either solely or jointly with some other person or persons, to do and execute all or any of the following acts, deeds and things
1. To execute, carry into effect and perform all agreements and contracts entered into by
me with Andhra Bank_______________ Branch with regard to the Housing Loan to be
availed by me from Andhra Bank ________________ Branch.
2. To execute acknowledgement of debt, acknowledging the liability under the Housing Loan
3. To execute agreement, deeds, under Sec.25(c)of Indian Contract Act for revival of the
debt referred above in case of necessity.
4. And generally to do, execute and perform all other act or acts, deed or deeds matter or
thing whatsoever which in the opinion of my said attorney ought to be done, executed
and performed in relation to the above Housing Loan.
5. To enter into Agreement to Sale and Sale Deed for the property to be purchased.
And I hereby agree and undertake to ratify and confirm all and whatsoever, my said attorney,
under the power in that behalf herein before contain, shall lawfully do, execute or perform in
exercise of the power, authority and liberty hereby conferred upon, under and by virtue of this
deed. This power of attorney is irrevocable during the continuance of the loan to be availed by
POWER OF ATTORNEY
I, _____ son/ daughter of ____residing at ____do hereby appoint and constitute, MR / MRS _______ S/o // W/o Sri _______residing at ___ as my Agent and Power of Attorney holder to deposit my title deeds with Andhra Bank ___________ Branch, on ________________. I do hereby further authorize the said Sri/ Smt._________ to made the said deposit of the title deeds and do all incidental and consequential acts in pursuance
thereof which the Bank demands in this behalf.
All actions taken by Sri/ Smt.__________in pursuance of this Power of Attorney shall be binding
DATE : (SIGNATURE)