LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RITESH RANJAN   06 May 2015 at 18:23

How to prosecute an impersonator

Respected Jurists and Members,
Following are some facts and circumstances for your kind perusal.

1. Mr.'A' is a Govt. servant. He is not a DDO (Drawing and Disbursement Officer). He is well aware of the fact.
2. Even then, for some vested interests (commission etc., though no proof available regarding acceptance of commission or bribe) he signs Application Forms for Personal Loan from Govt. Bank as the DDO of the applicants, who also are lower grade staff in his office.
3. Through the RTI Act, 2005, information provided by the bank clearly mentions his name that he has signed as the DDO.

REQUEST - Kindly guide about appropriate course of LEGAL action / Prosecution in light of the aforesaid facts.

Myself along with many other low paid employees shall remain grateful for your valuable guidance.
Regards,
Thanking you,
Ritesh Ranjan


hasan   06 May 2015 at 18:17

unregistered agri. land sale deed

Dear sir In which situation time was not assence? We have executed unregistered sale deed in year 2010 and after three months a purchaser has to pay full payment. But a purchaser failed to do so. And he has submitted a suit for specific performance in year 2012 so unregistered sale deed is permissible for specific performance suit in the court. Purchaser was not present while we have made this sale deed his agent has singed behalf of him agent has write purchaser name as a sign so can I do F I R for his agent its more then five years has been finished. Reply plz.
by
DR.VEDULA GOPINATH
on 06 May 2015

sir Please send me documents to advise you further. If agent has signed as if he is purchaser without menioning that he is p.a. holder, it is a clear case of forgery and thus document is not valid. Law of limitation also calls for action before three years. dr vedula gopinath
by
Dr J C Vashista, majjagdish@ya
on 06 May 2015

Unregistered Sale Deed is not a legal document, which require (compulsory) registration, if it is used in evidence it has to be impounded. It is not compulsory/mandatory for the vendee (purchaser) to be physically present. Show the document to a local lawyer for his/her professional advise, guidance and proceeding.
by
Rajendra K Goyal
on 06 May 2015

Whether it was a unregistered sale deed or sale agreement? What was the language or how much stamp duty was paid? Unregistered sale deed is invalid. Consult local lawyer and show him all the documents.
by
ajay sethi
on 06 May 2015

it is necessary to peruse papers to advice
by
hasan
on 06 May 2015

Dear sirs I am defending this suit since three years by a local pleader. I found forgery in this case....1. In the sale deed agent has signed in place of vandee 2. Vandee has tried to for lis pendency. In this documents vandee has signed. Both are different. Duting the execution of sale deed I have asked to agent where is vandee he told me I have authority to purchase this land and vandee does not need to be present for sign b coz this our simple agreement. And agent has gave us Rs. 101001/- and committed for full payment after three months but after three months they have started to misguided as I have asked for further payment more time. After all I must told him your token amt. Is forfeited now then vandee has submitted suit for specific performance on ex5. When we have executed sale deed I was present and I have watched that a agent is sined in place of vandee namly of vandee. Now if I will go to F I R then police inspector can ask me that why u did not have objected on execution time. Any queries will be raisable on me. Plz guide
by
bsrao
on 06 May 2015

True. You accepted the agent signing on behalf of the Vendee and any of your claim now will be estopped. If the agent, Vendee and witnesses say the Vendee signed the agreement, then it is so. Any effort in that direction would point out that you had nefarious designs from the start to cheat them. What is the legal problem here? Do you want to avoid your obligation under the agreement for sale?
by
hasan
on 06 May 2015

Yeah, I do not want sale my agri. Land now because I would have to sold a shop and another farm and fulfilled our need. plz tell what will happen if I go to F I R for forged sign mr. Agent has done in place of vandee? I must have take this step because we also tried for comprise with vandee but a vandee is a high court pleader so he is always trying to give us tide. I am agree to give back his token amt. With 12% interest but he want 2 acer land or a 40 lakhs for comprise. And also he talked rubbish. So I want to go for FIR but I am afraid for any reaction. Plz give advice what should I have to do? Thanx

Arun   06 May 2015 at 18:16

Gratuity coverage

Dear Experts,

Will the employee be covered under Gratuity benefits if he resigns at 4.11 years.

Also if the employee submits the resignation letter on 4.11 years and serves his notices for another 30 days what would be the treatment.
Kindly let me know.

Thanks in Advance.

susovanchaudhuri   06 May 2015 at 17:50

Eviction of tenants

I live in South Kolkata. My grandmother filed eviction suit against our tenants on the ground of non payment of rent in the year 1997. The defendants/tenants at first contested the suits but then stopped appearing in the suits. My mother is the plaintiff after the death of my grandmother and my father . In one of the suit we have got exparte decree against the tenant while the others are pending. Now we have filed execution case. There are 10 tenants and they are very aggressive & are like goons. They have political backing also. As per civil procedure the court bailiff first comes to give possession and if they cannot give possession then one has to file another Misc case for granting police help which takes another 1 to 1.5 years. We are very sure that without police help the tenants cannot be evicted. Kindly suggest how to get police help straightway? What is the role of police in evicting tenants (I have heard that the police only remain stranded while court bailiff himself have to evict tenants)? What if we cannot evict those tenants even by police help? Kindly suggest what would be the best possible way to evict those tenants?

nahmja   06 May 2015 at 17:46

Ipc 324

My name is sahil one of our(female) relative failed a false a case against me.

complaint summary is: we visited to see our mother, suddenly Sahil is attacked with deadly weapons and used filthy language this indecent happened on 01-Nov-2014 police has no action taken against him etc......case has been registered on 20-Nov-2014 around 11:00 Am

Note! I left the country on 20-Nov-2014 morning 07:00 was my flight,i am working in dubai.




now i want to visit india what is the procedure need to be follow.

thanks for your valuable advise.

jeyaharts   06 May 2015 at 17:24

Change of name

Hi, I changed my name in 2002 (from: S.Jeyahar to T.S.Jeyahar), i got it notified in Tamilnadu Gazette also. Based on that i got PAN card & Bank a/c in the new name. Now i'm planning to apply for Passport. I'm being told that apart from Gazette notification, i have to get Affidavit (notarized by Advocate) and also Newspaper Advertisement. Obviously i had not done that in 2002. Is it compulsory & necessary to get Affidavit & Newspaper Advertisement?? If yes, what is the procedure for the same. Is there any format for such affidavits?? Also I have changed my residence since 2002. So what is the procedure involved. Would be glad if somebody gives me the correct guidance. Thanks in advance.

dipmalashah   06 May 2015 at 16:55

Cruelty

Husband has filed divorce petition on bases of cruelty. Both children aged around 16 years supporting him. if he will get divorce on the ground of cruelty from wife in that case also he has to pay maitenance to wife? plz reply me.

VIKAS   06 May 2015 at 16:45

Can file income tax return ay 2015-16 off line?

Sir,

can filled income tax return ay 2015-16 form ITR-4 & 4S offline? Because online schema has not updated till today. And urgently need to file for loan purpose.
Pl suggest right wayout.
Regards
Vikas Sharma

Gaurav Sharma   06 May 2015 at 16:19

Dowery & domestic violenece

Dear Sir/Mam,
My sister get married as on 01.07.14 after some days her in laws family demanding dowry & she was beaten many times by her husband & in laws family. They demanded car or 5 lac cash from us many times after some months they hit badly to her & she become Unconscious we get her medical from civil hospital & filed a complaint at police station they accept all the things that they demanded dowry & beaten her many times in written at police station before gram panchayat. They feel sorry for all this & agree to this things never happen again & her hubby said i will make her happy in future with compromise after 3 months of this situation they beaten again to my sister & drop her at our street & now my sister is at home from last 3 months they switched off their phone & locked their house so no contact made with them. They filed section 9 case against us at court even they do not agree to live with my sister because we cant fulfills their demands of dowry. Now we have submitted a compliant at women cell after meeting ssp. We have spend near about 8 lac on marriage. Now my sister getting feared of them she said they can kill me in future. All the documents submitted to women cell that what happened in past with medical report & marriage bills. But women cell delaying the process to submit our file to next department. What should we do now. Please help us.

ashok   06 May 2015 at 14:08

grandfather's Will

My grandfather(a retired judge) had written his will mentioning that he is sole owner of self acquired) agriculture and residential property Situated in HP His wife (my g/mother ) and four sons expired during his life time. His entire property be inherited to his only surviving son i. e my father. He further mentioned that he is of sound and stable mind and his will is written without any force, undue influence.
Unfortunately, before the will was presented for execution, the sole beneficiary ie my father also expired within a few months after my g/f demise. Sometimes later, along with other papers left by my late father, I found my father's and g/f separate wills. I being the only son and my mother being the other legal heirs of my father, had submitted both the wills along with death certificates, for execution with Area patwari and accordingly both the wills were executed and mutation of property was done by Tehsildar, Now after 5-6 years, thethe problem start, as when one of my cousins, the other grand children of my g/f, who is a NRI visited my place & enquired about grandfather's properties . my cousin got furious Hearing it, the mutation, which was done by Tehsildar and at that time, Tehsildar, verified the will by calling the witnesses who had signed as witness of g/f will. The cousin told me the g/f erred by excluding the names of his expired sons (my uncles)including cousin 's father, in the will. The said cousin being NRI has enough money & political power. Now, to cool down the conflict, and under local political ' leaders' pressure, I have given an undertaking on oath that "I have no objection iif property share(s) of other grandchildren of my g/f is mutated in their names."
Please advise can DC take action, directing the TehsilTehsildarfor cancelling the mutation if my said undertaking with my cousin is submitted to DC or other competent authority ?