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Siddhi Agarwal   02 May 2015 at 09:09

Sale or transfer of land -post filing og consent terms in high court ?

Can a landlord / developer sale / transfer the land to a third party after filing of consent terms in High Court without informing the court or parties in consent terms ?

Dr.B.Ravi Kumar   02 May 2015 at 07:09

Medical negligence

This is in continuation of previous question only one file can be attached. The first accused wrote a reference letter in which both injections Ampicillin and Diazepam are not mentioned. The case sheet,nurses record and the reference letter are attahed.

Dr.B.Ravi Kumar   02 May 2015 at 06:45

Medical negligence

Death of a lactating 24 yr old on 14/12/2004. The High Court of Kerala judgment no:1903/14 dated 3/12/14 says the charge is under I.P.C. 304 Part 11. But I feel it will come under I.P.C. 300(4)rather than I.P.C. 299(C. The merit of the case is she came only for a check up and given inj.Ampicillin without any indication by the second accused. Then she developed allergic reaction which was treated with inj.Diazepam by the first accused which is an absolute contraindication. The antidote inj.Adrenaline was not given but intubated by the third accused who left the hospital without writing a single word in the case sheet. I was made the fourth accused to prejudice the trial court. But I got it quashed by the H.C. of Kerala. The H.C. made me a court witness.mobile:9349312325. e mail:bhaskaran.ravikumar@gmail.com

Member (Account Deleted)   02 May 2015 at 01:11

Paper marriage for geting immigration

Lke 2know abot human traficking geting married 4 immigration 4money my if proved will both spouse get equal sentences and the person who introduced n knew about this fake/paper marriage will that person be convicted too and the person who exchanged money between two parties wil that person be convicted too 5)Family members knew can they be prosecuted/charged. for conspiracy and what is the min n maximum sentence for the both parties and third persons involved. What if all party .with no criminal back ground or no prior conviction. wil person get less sentence thankx

ankitkhetan   02 May 2015 at 01:01

Sale of property but later will found fake

I have been offered a plot of leasehold land in Kolkata, wherein the following have come to my notice:
1. The original lessee died in 2003, leaving behind his 5 legal heirs, wife, three daughters and a son. The deceased was by faith, a Hindu, in case Hindu succession laws are reqd to be referred. After his death, the property got mutated in favour of the above five.
2. In 2006, one of the daughters died, leaving behind legal heirs husband and a daughter (minor till date), and in 2009 the wife of the deceased also expired. Now, the interest in the plot remained as under:
25% each with 2 daughters and a son, 12.5% each with the husband and minor daughter of the deceased daughter.
3. In 2013, they say that they have found a will made in the year 2000, favouring the son only i.e. entire plot in favour of the son, the will has already recd the probate from the high court. The will is limited to this particular property only and no other asset has been referred to. Althought mutation is pending, the land officer has served personal hearing notices to all the members and they have signed in the land dept office also in their own handwriting. All the members whose interest are getting ceased are ready to sign on all papers.

Now following are my concerns:

1. Will: The fact that a will has popped up 10 years after death is something not easily acceptable. The members who are losing their interest have made representations in court and registry dept, but in future can they challenge the will on the grounds of:
a. Non citation
b. Deceased signature was forged
c. Deceased was influenced, or was not of sound mind
d. A supplementary will is again produced since there is a considerable gap between the will (year 2000) and death (year 2003)
e. The will was barred by limitation
f. The people whose interest are getting ceased, there signature was forged

Further, lets say the will turns out to be fake one, and the members losing interest have no knowledge of it today, although they have made representations and are willing to sign further also. In future they have come to know this fact, and now are challenging the will on the ground that the will was fake and it was not known to them earlier.

Whether a declaration to the effect that members losing interest are satisfied with the will and in future they will not challenge the said mutation on all the above grounds i.e. non citation, will forged, undue influence of testator, a supplementary will, that their signature was forged, would suffice. Also some payment made to them would be good enough consideration so that in future they cant take legal action. Whether such an affidavit in front of F.C. Magistrate and a doctor will hold good in law and is good evidence for the future?

2. Now further if we enter into agreement with the new owner, the son, what safeguards should one take so as to secure the money becuase 90% money will be paid on possession.

3. There is a minor whose interest is getting ceased, how will that play above. Are we reqd to make any deposit for her, or it is the responsibility of the father who is also the natural guardian.

I am a bonafide purchaser, how can I protect myself keeping in mind that they are ready to sign on all papers today.

A reply would be highly appreciated from the experts. Pls provide the much needed guidance. Pls do cite case laws similar to the above case.

sameer   02 May 2015 at 00:49

Labour and service related

My friend is a HR Manager in one of the reputed firm in mumbai. He has appointed a production manager in his company. After 3 month he has gain information from outside sources that whatever claim he has made in his resume is not proper. ( That is he has mentioned the period in the resume for one company period is actual lesser than what he has claim in the cv . ) However the work allotted to the person is proper and beyond satisfactory level till date.

1.What action can HR manager take against this production manager, for quoting wrongly in the resume of employment period .

2. If suppose any mistakes/ errors made in future by the same production manager can Hr manager claim against that person in future if he contines the service of that production manager.

kotaruraghu   01 May 2015 at 22:31

Partition muslim law

a Muslim family consisting of one son and 4 daughters and son without any intimation to the daughters created a sale deed that he has purchased the property from his mother and the said fact is came to knowledge to the daughters after 15 years. now the point is.
1. the daughters can file partition suit?
2. what is the impact of adverse possession in the above circumstances.

sanjeevkhandelwal   01 May 2015 at 20:53

Itax

Dear Members,
please tell us simple procedure for changing juridiction of ITO.Suppose one assesee filed his return in Hydrabad and his ITO juridiction are Hydrabad now he was settle in Mumbai, and filed his return mentioning Mumbai Address without changing his juridiction (Assesee filed e return )

( NOW HE WANT ANY FUTURE CORRESPONDANCE WITH MUMBAI ITO)

M.Sheik Mohammed Ali   01 May 2015 at 20:42

Nia-138

Dear Learned Adcocates,

Land lord and Tenant having dispute for vacating the rental premises, after negotiation the tenant vacate the premises but at the time of vacating the premises, the land lord gave filled amount cheque ( Which is land lord son's cheque for Security purpose) after that the landlord not repay the advance amount the tenant filed NI138 case against landlord not the drawer of the person(Son's).

how to quash the case,?
how to dismiised the Case?

any citation or case law and proceedure pls provide me.

Mohammed Rizwan Shaikh   01 May 2015 at 19:51

Fraudulent purchase agriculture land

Dear Sir,
A 13 acre agriculture land (as per property card) with different survey nos. in the Mumbai limits has been purchased by 3 different pvt. ltd companies (A, B and C) on as is where is basis. The land is in possession of Mr. X. M/s. A, B and C have already executed Conveyance Deed with the land owner. The companies have even changed the reords of rights (7/12 and 6/12 and Property Card)

What legal remedy Mr. X has to challenge the said record of rights?

Can any company buy agricultural land in Maharashtra?

Is it not necessary to convert the use of land from Agriculture to Non-Agriculture before changing the entries in the revenue records and executing the Deeds?

Please help me....

Rizwan Shaikh