Bharati Agarwal
17 February 2016 at 02:14
My son was an additional Director in a Pvt Ltd company working for gain.There were two other Directors who were owners of entire shares of the company.The Pvt Company obtained loan from Bank and three residential flats were mortgaged towards it as security.One Flat belonged to me personally and other two flats belonged to other two partners personally.My son demised in a road accident two years ago while travelling on duty.The two Directors continued to assure release of my flat from mortgage and also to pay my sons"s dues.Nothing happened and slowly they have distanced them from us.About seven months ago, I received Notice under Sarfaesi Act from Bank to make payment towards loan amount due from the company but the Directors did nothing to save me. Then Bank people came and pasted a Ntoice of Possession on the Gate of the Flat and published a Notice in the Newspaper giving details of loan amount and also details all three flats.The Directors, again, did nothing for us.I approached a Banking matter advocate, who has filed an application with local Debt Tribunal against Bank.I am told that the Bank has also filed a case at same Tribunal against the company and all of us, the two Directors and myself, but no notice is so far received by me as yet.On the advice of my advocate I met Distt Magistrate to find out as the Bank"s agent was threatning me to take possession with DM"s order.I was told by DM Office that the Bank has made application to DM for seeking his permission for taking possession of all three Flats with local police help.I was also told that DM office shall do as per law and shall not be able to extend any assistance in the matter to me.But while going through the Application made by Bank to DM Office( by DM Office executive to match details of my flat with my documents) he suddenly found that out of three flats, the details of one Big Flat belonging to one of the Director has been totally defaced By Whitner Pen, so the name of three mortgagers appear but details of two flats are only there.Also the related documents of only two flats are enclosed. Such Defacing is done in the application part and also in affidavit part but no counter signature etc is done.It showed the intention of Bank to hide schedule/detail of one flat out of three flat.The DM office also surprised on such Defacing and assured me to do as per law after seeking advice from their senior people but they also sensed some hide and seek in this matter.I explained all to my advocate who has told that this is a clear case of malpractice by Bank in collusion with one of the Director to save his flat from taking possession as DM office shall only give order for two flats(if they do not return such application)The advocate advised to file a criminal case against the Bank and the Director and also a Civil case against the two, but with the help of different criminal and civil advocate as he only deals in Banking matter with tribunals.
Sirs, as a lay man, I also feel there is gesture of cheating by someone(may be Banker, its agent with one of the Director) but I am not getting confidence and courage and is also shakky as to if I am at all authorised to file such criminal and civil case and if filed, shall I get any benifit or any justice.I am fighting tooth and nails to save my flat without much results so far and as a family of limited sources and help, the matter is really big and of big tension to me.I am not asking you with any remark against my current advocate but as he is not fighting criminal cases he is advising to so with other one of the subject.Hence i seek your opinion about my right and ways and means to stop such level of cheating..Please give help..Thanks, urgent matter please.
shivam mittal
17 February 2016 at 01:38
A, an accused writes a letter addressing a police officer saying that he murdered his wife, in his own handwriting with his signature. The letter was found near the dead body. What is the evidentiary value of this letter?
Is this confession relevant?
Is not it hit by sec 25, indian evidence act or is it covered u/s 27?
What is the letter's relevance with regard to sec 162 crpc? Is it a confession made in the course of investigation or during investigation?
Arjun
16 February 2016 at 23:44
I used idea sim that I lossed two months ago..
I didn't paid bill till now
I sad send your person and take a payment but till now not taken payment...
Now they are complaining we are going to High Court of Delhi. And Mumbai..
Sudhir U Bandekar
16 February 2016 at 23:05
can we file caveat in review petition in suprememe court?
Divyesh Kalra
16 February 2016 at 22:24
HOW MUCH AMOUNT CAN BE GIVEN BY PERSON TO HUF IN FINANCIAL YEAR. IF A PERSON HAS FIXED DEPOSIT IN HIS NAME AND AFTER FORMING HUF CAN HE SHIFT ALL THE FIXED DEPOSIT TO HUF AT A TIME OR THERE IS A LIMIT FOR TRANSFERRING THE AMOUNT WITHOUT ANY COMPLICATIONS
vitsino11
16 February 2016 at 22:19
Can main accused become approver?if so wil he go unpunished or get commensurate punishment
K.Vijaya Raju
16 February 2016 at 22:19
dear respected sir,
a women filed a false complaint at s.p. against about 70 yrs old men under above mentioned sections. he is requested to me wt about consequences about the case. the trial court dismissed u/s 438 for seeking anticipatory bail.
is there any possible to get participatory bail in high court? or not? i have an evidence this is a false case the accused not committed any offence, the defacto complainant also admitted the facts. please think and replay me..
Abhishek Wakchaure
16 February 2016 at 21:43
Dear Professionals,
There are o7 persons having share in property.04 of them wants to assign there rights regarding property documentation to 01 amongst those seven.
Question:- can single power of Attorney be executed, wherein there will be 04 donor giving there right to one donee.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Vacate high court stay
Dear Sir,
High court gave an ex-parte stay in 2015 March regarding the civil matter against to me. We know the petitioner filed false affidavit including hiding the lower court judgements(Munsif and district) and so many facts on the same matter.
We have filled petition to vacate the stay and the government filled affidavit with all the facts of the case and we are waiting from past 1 year for further court proceedings.
We know this case will dismiss once it come to the hearing and our advocate is also pretty much confident on this.
As per our advocate, due the busy schedule of high court bench this case is not coming for the hearing and not sure how long it will take to vacate the stay.
Can I ask advise on this matter
What can be done to hear this case by the high court?
Can we file vacate petition in supreme court and how much it costs with approx.?
Thanks,
Krishna