Godwin
19 November 2014 at 09:28
Sirs,
A relative (A) had a land measuring over 4 acres. The owner, now deceased, had given a GPA in 1988 while he used to travel overseas, to a close friend (B). However, this friend observing his signatures in the GPA, had made a sale agreement pre-dated by 3 years and 6 months and also had counter-signatures of (A) mentioning 80% of the consideration was made in cash payment. On the day (A) passed away in 2001, (B) brought this particular Sale Agreement and asked (A)'s wife and children to sign the document and (B) was paying the balance amount. The legal heirs however had no knowledge of such transaction or agreement whatsoever. so they declined insisting to show these documents to a lawyer. (B) refused to give a copy or show the agreement to (A)'s family. On the contrary, he filed a lawsuit in 2006 and the court decided the case in (B)'s favor. So (A)'s family appealed the judgment but the decision was upheld by the Appellate despite bringing to the notice of the lawyer that the documents would have been very likely forged by (B) for the purpose of grabbing the said land.
Now a forensic was done on all the signatures by an expert and found that all signatures on the sale agreement are forged whether of the agreement or of receipt of payments to (A). What best is the course of action for (A)'s family to take? Now an appeal has to be made in a higher court as the lower court has decreed in favor of (B) and the appellate court has upheld the same.
Kavindra
19 November 2014 at 09:05
I am from Uttar Pradesh. The farm land in my name has been grabbed using criminal force and is being cultivated by certain people. Under which sections of IPC & other acts this crime will fall? Please explain.
kamal krishan
19 November 2014 at 08:10
In a decree / order passed ( jn civil court for the recovery of money ( i.e. debit/payment,)And there after no appeal by the judgement debtor , .
DEMAND notice served on JD by the Decree holder .
The JD did not reply the notice , neither made the payment of the decreed amount to to DH .
Execution petition filed by the DH against the JD .
Sir in this situation, I have the issues to beg your valuable guidance: -----
1 It is proved and appreciated by court ; that the JD has dishonestly prevented the payment of the creditor i.e. DECREE HOLDER by JD i.e. the DEBTOR ; and he has disobeyed the court too .
2 IN this situation a complaint for the contempt of court be filed .
3 Simultaneously a complaint under sec 422 of IPC can also be agitated , in addition to execution ?
An early reply may pl be reverted
with regard
your queries t
K.K.Mahajan Mandi (H.P.)ph no 9418862891
SANDEEP KUMAR
19 November 2014 at 07:34
Two companies A and B in an agreement agreed that A will appoint Arbitrator in case of dispute, which arose and A appointed Arbitrator. Arbitration is going on but B has expressed inability to pay fee to Arbitrator.
1. Can Arbitrator leave Arbitration on this ground.
2. Can Arbitrator force B to pay fee as it was agreed by it that A will apoint Arbitrator in case of dispute and not to pay fee of Arbitrator is violation of that Agreement.
Nikhil
19 November 2014 at 00:57
I had an affair before marriage which my wife knew (Wife and Ex have spoken before marriage). After marriage my ex and I used to meet for coffee/lunch/dinner in office (we both are in same office). Now my wife has initiated a divorce case under DV Act and she alleges me that I had an extra marital affair and that I used to chat/talk with my ex using facebook/whatsapp etc. Your opinion is appreciated on below:
1. My ex is still in the same office, we still go for coffee/lunch breaks together. How can this be adultery?
2. My ex is unmarried, and her family is unaware of all this. Can my wife drag her in court? By doing so, will there be any kind of violation of privacy of a woman?
3. Basically, since she's unmarried, and law speaks about adultery applicable only for SEX outside Marriage with MARRIED Woman or Man, can I ask court to disregard this allegation? What if the JMFC denies and orders her to appear in court - Can I go to higher court for any contempt?
4. What counter charges can I put on to my wife and her lawyer?
Please advice.
narindersagar
18 November 2014 at 23:41
SIR
SLP has been dismissed by the SUPREME COURT OF INDIA in the year of 2010 without considering the law of land. Can i file the the curative pettion or i have to file the review first please give me the opinion and can i get the free legal aid from the legal authority. THE title of the case is MAYA DEVI V/s RAJ KUMARI BATRA of 2010 please help me
SRIBHASKAR
18 November 2014 at 23:33
IF THE COMPLAINANT FILES WITHDRAW PETITION UNDER 257 CrPC iS HE NEED TO PAY ANY PENALTY?? IF SO HOWMUCH IT MAY BE.
Gulam Hamdani Shahil Rabbani
18 November 2014 at 23:32
sir agr meri jameen ka naksha kam meri jameen 9 biswe hai aur naksha par kam hai jabki mere chahchere bhai ki jameen 4 biswe hai aur naksha par 8 biswe to paimaish agar nakshe ke adhar par hoti hai to mera kam ho jata hai aur mere chahchere bhai ko 4 biswe jyada milta ab kis prakirya ko apnaya jaye jisse jiski jitni jameen hai use barabr se mil jaye nakshe ke adhar par jameen 17 biswe ho ni chahiye lekin jameen kul 13 biswe hai
naksha durusti kese kiya jaaye ya kya prakirya ki jaye jisse insaf ho jaaye jiski jo jameen hai use mile ....
apka
shahil
Gulam Hamdani Shahil Rabbani
18 November 2014 at 23:24
sir
mere ghar ke samne raste ki taraf 3 bishva parti jameen thi jiska gram pradhan ne political ranjish ke karan apne bhai ke name patta kar diya hai maine ab jakar check kiya tab pata chala patta kareeb 25 feb 2003 ko hua nayab tahseel dar ke aadesh se gram pradhan ke prastav par
wo jameen mere ghar ke bramde aur chaupal ki hai kya wo patta ab khariz ho sakta hai ager haa to uski kya prakirya hogi plz bataye hum 6 bhai hai meri total jagah 9 biswe hai ghar ki 3 bisve ka dwara (barambda ya chaupal ) ab us jameen ka patta na khariz hua to humra rasta band ho jayega aur humre rahne me bhi dikkat hogi
plz help me
my mob no 9769200790
your shahil
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Quashing of 323,504,506,498a , 3/4 dp
The FIR that was filed over me in the month on 2nd August 2014 by my wife is pending for charge sheet.
But before that itself my wife has filed Section 406(Streedhan) , DV , 125 in her home town of Uttrakhand for pressure building , post which she asked for 40 Lakh rupees for compromise that I refused as in reality I have not done anything wrong with her and she has cheated me and my family for trapping us. Lived with us only for 15 days of marriage.
Well the IO in my FIR have been changed 3-4 times due to political influence as her uncle is a Vidhayak for filing a chargesheet against us but the IO were hesitant due to the strength of my evidences , finally upon my strong retaliation and follow-ups with senior police officers the matter has been handed over for investigation directly to an IPS officer of ASP Rank , who may or may not give me closure report. Though there is some possibility that I can get clean chit.
Though he has already seen my evidences and is convinced that its a fake case.With his statement I feel he may or may not give closure report or may file a mild charge-sheet.
My query is , as this FIR is more than 3 months old and the charge sheet has not been filed till now and the investigating officers have been changed 3-4 times.
Can this be a strong ground for Quashing of FIR in High Court ,also I have strong evidences to prove the allegations in the FIR as null and void.
How long can it take if I opt for this remedy.
Please note :
I have arresting stay till filing of charge-sheet.
I have filed RCR in my Home town.
Please mention your email address if you need copy of the FIR, I do have mixed legal opinions from my current lawyer and not sure what should be done.