chandrashekhar
16 March 2015 at 12:57
Hello Sir,
My father owns the property in Belgaum measuring 30x45 sqft with two rooms,attached bathroom. It is actually given by corporation of city of belgaum 25years back. My father allowed my grand mother to be there in that house, but my uncle and his family entered and after few years they thrown out my grand mother and started stying with their own family. in the year 2007 my father converted that property from "Lease Cum Sale" to Sale deed from corporation. and then I being his son got transferred to my name(to build that house as my father does not get loan as he is retired. and getting only 900/- pension). I have sale deed copy with me and all property and water tax receipts we are paying till now.
we filed case asking for possession. The case was far to me and junior division court ordered to my uncle to vacate the property within 4 months. My advocate did not take any action on getting execution Petition and we saw after 3 months he appealed to senior division court. and senior division court made the case far to my uncle. we loose that. we now put into highcourt. waiting for this to come to bench.
Questions: My uncle does not have any propery papers(like saledeed, property paid tax etc) he is fighting with electricity bills, election card, one plain paper on which he wrote as he purchased the said property by my father by paying 50000/-. and witness is my aunty(fathers sister). He has made my fathers signature in English, but Father never signed in English. I thin he has made forgery.
Could you please tell me with these merits can he be a owner of our property?
CAn court give such order? Why is that senior division court not considered the saledeed registered copy instead considered the plain paper that too on which my father's invalid signature is there and the witness mention is relative to us. why is that court not considering our documents.
If required I will send the copy of the cases and orders. Please help me.
How can I proceed further?
Shall I go for re-appeal in Sr. Division Court, when there is already a running case in highcourt. Is there any other way to get our property back?
I could see three main +points with him is, My uncle's wife go as home maid to the opposite advocate, opposite advocate is Advocates bar association President and my uncle has big money from his father in law's property sale. I don't know what dealing has been made. I believe in pure uncorrupted law and justice. I think that is the reason my case is prolonging since 2008 to till now.
S.K.PUNIA
16 March 2015 at 12:53
Sir,
We have already file claim case due to injured and parmanent disability 88.3% on both legs.The same case is under considiration in HC chandigarh.
Now driver of bus convicted by the court in criminal case under IPC 279 /337 as fine of Rs. 1000 & 500.
As suggested by your expert we can file another case in motor accident tribunal.
Pl. advise 1. if we file another case then first case will not affect 2. is it better to file another case by family member as wife & children 3. How can we understand degree of negligency of driver. Any driver just pay fine Rs.1500/-is not more inspite a men Loss his full life enjoyment & not able to fullfill the requirement of their family and not able to walk due to bus driven by driver in rash & negligency .
Athi Vishal HD
16 March 2015 at 12:47
Respected Sir/Madam
My wife is physically Fit and she has no disabilities. But she obtained an Physically Handicap Certificate from Govt.Doctor(District Level Surgeon-Bangalore) which states that she is limping and she has 60% disability.
After knowing this I gave complaint to PoLice Station. During Police enquiry the allegations mentioned in my complaint are found true.
Hence Police are ready to file file FIR against my wife (A1) and the Govt.Doctor(A2) (District Level Surgeon) u/s 420 IPC and Under the persons with Disabilities Act 1995.
since the Doctor is an Govt.official and he is in the Rank of District Level Surgeon,the Police authorities are thinking to obtain the permission from Health Dept. to prosecute the Govt.Doctor.
In view of the above mentioned fact, please clarify the below mentioned queries:
1)Is it mandatory to obtain permission to prosecute the Govt. Doctor(District level Surgeon in Bangalore City)
2)The above mentioned Sections are relevant or not?
Please guide me Sir/madam
Tanmoy Chakraborty
16 March 2015 at 12:14
I am working with a Software development company for the last two years. Before 6 months our company stop to pay our salary. Every time I have asked to my HR regarding that but reply is same. Also I have mailed to her every month. She told salary will be on 1st week, after 1st week she says 20th of the current month and after 20th she says next month 1st week. It is still going on. I have total due of approx 80 thousand. I have a 2 years service bond which is ends on 31st April, 2015. Now what will be my step to force them. Please suggest.
prem kumar
16 March 2015 at 12:13
Sir,
One SLP(Civil) is admitted on 13.03.2015. When i try to get the status of the case it shows PENDING. How can I know the order passed by the Honorable judge on bench on that day.
prem kumar
16 March 2015 at 12:08
Sir I wish to know the probable period of change of Judge in a Bench of Supreme court
Bharati Agarwal
16 March 2015 at 11:18
We have an HUF consisting of My Husband, Myself(Wife) Two Daughters(Major-Unmarried) and has a Share Depository A/c with HDFC Bank where we hold shares. On the death of my husband,i.e. the Karta, we(three remaining females, mother-daughters) have reconstituted HUF with myself as Karta and two Daughters as members and have requested the HDFC to change the Karta and its signature in the account, which is denied and they insis on either succession certificate of my husband,or a registered will, or a Familiy Settlement(Registered) or a decree/order from the court.There is no will.All these formalities shall take long time except Family settlement.What should I do? if we go for family settlement and its registration, then who would particiapate in it , we all three or my in-laws also,? and shall I have to pay any duty on registration.The value of shares is around 4.00 lac(but always flactuating) Kindly advise.
S.K.PUNIA
16 March 2015 at 11:12
Sir,
We have already file claim case due to injured and parmanent disability 88.3% on both legs.The same case is under considiration in HC chandigarh.
Now driver of bus convicted by the court in criminal case under IPC 279 /337 as fine of Rs. 1000 & 500.
As suggested by your expert we can file another case in motor accident tribunal.
Pl. advise 1. if we file another case then first case will not affect 2. is it better to file another case by family member as wife & children 3. How can we understand degree of negligency of driver. Any driver just pay fine Rs.1500/-is not more inspite a men Loss his full life enjoyment & not able to fullfill the requirement of their family and not able to walk due to bus driven by driver in rash & negligency .
mohit
16 March 2015 at 11:09
sir,
a complaint which is filled u/s 138 for dishonour of the cheque was dismissed by the magistrate as the complainant does not apear on the date of the hearing...
now what is the remedy available for the comlainant, whether he will file the restoration application or any other remedy is availavle for reviving the complaint.
please give specific provisions dealing with this...
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Quashing of reg cri. case private 498a,323,504,506,34
My Wife filed her Private 498a,323,504,506 & 34. in the year 2012 against 5 people of my family including myself in the JMFC Court.
Following stages has been completed in the JMFC Court.
1. Verification of my wife
2. Order issued against all the 5 people to issue summon to them for appearing in the court.
No other order has been passed than to summon the opponents
In last 3 years we have not received those summons of Private 498a, not even they hand over those summons to us when we were attending the other cases of 125 & Divorce in the court from last 2 years.
In last few days we decided to make compromise & apply for Mutual Consent Divorce under section 13B.
Wife agrees for Withdrawal of 498a as it is private complaint.She filed withdrawal purshish in the JMFC Court, saying that the compromise has been reached & she do not want to further pursue the 498a case.
But the JMFC Court has rejected her withdrawal purshish & asked to take further steps.
1 What shall be the further steps Wife/JMFC can take? and what can happen next as it is Private complaint & we did not joined the investigation as we had not been summoned in spite of the order of summons.
2. How can the proceeding of 498a can be stopped & the case can be dismissed/quashed, as everybody want to finish this mess now & go for mutual consent divorce.