Happy ganesh chaturdhi!

May Lord Ganesh shower his blessings on the LCI community, Administrators and all experts. Give us the strength to help the community for their legal needs - who are not in a position to afford the fee!

Property related

A We are 3 sisters & my mother are living.
1. On 7/12 there are 28 members available. My father & my mother”s name are also on 7/12
My father passed away in 2004 & my mother is alive.
2.On FERFAR PATRAK there are 70 members are available (including those 7/12).All the member made one proposed society only on paper which is not regd yet. Who has land original paper that person himself become society chief . and this society chief had mad one society management team as per his own choice without knowledge of all members. In society management team may be 4 persons available.
B Now FOR LAND DEVELOPING one agreement is registered in july 2011 between 3 below.100 flat will be construct by the developer for all members. Land area is approximate 7 acre.
1. DEVELOPER(three persons)--who is investing money.
2. CONFIRMING PARTY(one person)---who had done all paper work procedure.
3. OWNER---- Whose name available on 7/12.
C. CONFIRMING PARTY approached us to give sign for registration. For that CONFIRMING PARTY will give 2 flat one for my father and one for my mother .For that CONFIRMING PARTY given sign on 100/- Rs Notary. One notary made between my mother & CONFIRMING PARTY. Second notary made between CONFIRMING PARTY & 3 sisters.Then my mother had gone for registration with my father death certificate. CONFIRMING PARTY told us that we should deduct my father name on 7/12 & make entry of 3 sisters on 7/12 which we have done. Later we learn that CONFIRMING PARTY has made fraud with us. When we ask all clarification to CONFIRMING PARTY then CONFIRMING PARTY started to avoid us.
D We had given sign for below reason.
1. we do not have original paper related land.
2. The CONFIRMING PARTY was from our caste.
3. My father is not alive who has some knowledge for this land.
4. society management team never called us after my father passed away.
E CONFIRMING PARTY was not giving equal benefite to us which he had given to another 7/12 persons. CONFIRMING PARTY wants sign of our 3 sisters on some paper. Which paper we do not know. Because of this CONFIRMING PARTY & DEVELOPER did not start construction yet.
F. The agreement is in favour of developer & CONFIRMING PARTY only. This was done because of society management team stupidity. However so many norms violated by developer & CONFIRMING PARTY .Now only society management team is coming to our home to give us trouble.They want only our sign which we are not giving.IF we want clarification they are not giving. We refused to give sign because developer & CONFIRMING PARTY are not showing all papers.
G. Now my questions are below for that we need clarification:
1. society management team directly say us to give sign on HAQ-SOD PATRA by notice. We replied of their notice.we ask some clarification as per their notice which they are not giving then what can we do?
2.Can we cancel registration of my mother individually? If yes how?
3. society management team is making false police complaint of cheating & blackmailing against us. society management team is calling us to police stn via police.we had gone to police stn more than 3 times and we refused to give sign on any paper. However police is always calling us.So what can we do against police?
4. we don’t have society off add, so how can we send notice to society management team?
5. If CONFIRMING PARTY & DEVELOPER are not accepting our notice more than 3 times what can we do?
6. If CONFIRMING PARTY & DEVELOPER are accepting our notice and did not give reply within time than what can we do?
7. society management team is saying that they will give us only one flat for mother only. so I am asking that 100/- Rs notary is enough to protect our interest? If not then what can we do?
8. Here land ratio is not happening like 70:30,60:40,So what can we do?
9. Like MOFA in maharashtra there is any law for developer and owner which can protect owner right?if yes what is that .
10. Until they (all of them) will not give our clarification then we will not able to know what exact fraud made with us. So Can we ask all clarification by notice to all of them?

Crpc341 appeal = civil / criminal ?

in HMP filed by me respondent wife gave false evidence.
i didnt file crpc 340 application in Trial Court.

she lost the case and filed first appeal.

i gave crpc 340 application in the First appellate court. The court refused to file complaint.

the HMP and the First appeal were decided in my favour - my marriage declared null and void.

now i have filed appeal u/s CrPC 341
i have filed this appeal as a CRIMINAL APPEAL.

i m realizing that - the appeal should be a CIVIL appeal & not Criminal.

QUERY :

1) if civil court refuses to act u/s 340, then the appeal u/s 341 will be civil / criminal.

2) since i have already filed criminal appeal, what is the remedy now ? (amendment / withdrawal & filing again to civil side)




quick references :

341. Appeal.

(1) Any person on whose application any court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of sub-section (4) of’ section 195, and the superior court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.


crpc 195

(4) For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from appeal able decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate:

Regarding arrears

Sir,
My name is Manzoor Ahmad.I am from Jammu and Kashmir State.In our District ie District Anantnag. Delhi Public School opened a branch.Various posts were advertised in newspapers along with scale of pay was shown. I applied for the post of librarian.I got interviewed and later appointed for the post of PRT Librarian. After one year I was taken on probation. And a letter of appointment was also handed over to me.Letter of appointment is full of terms and conditions. one of the the condition is that I will be retire at the age of 60 years, and another condition is That initially you will be given a salary of 5000 Rs per month along with admissible DA besides usual allowances as per central govt norms. But once the monthly salary was disbursed no dearness pay no allowances were given to me .I was given a salary of 7000-9000 at different occasions.I write many times to the school authorities but I got no reply. Another person who was appointed in the school was given initially a same salary which I was givenBut later he was given every allowance and also 6th pay commission .Due to which the said person gets a monthly salary of 35000 Rs.From 2007 to 2013 I reached 9000 Rs per month. There is a huge difference between my salary and the other persons salary and lot of my arrears are still pending in the school. Now I have decided to file a suit in the labour court.You are kindly requested to advise and help me that under which provisions of labour law I will file a suit against the school.Sir what is your opinion regarding the whole case. How much chances there are for me to win the case.Hope that you will reply.
Thanking You
Manzoor Ahmad

Query on 420

Ll.b vs ll.b(honours)

For a practicing advocate's is it mandate or not to pay income tax.

Adoption of brahman child query

In a case where a parents belongs to sc/st caste adopted a Brahman child based legally.
According to THE HINDU ADOPTIONS act will the adopted child is entitled for RESERVATIONS and other benefits in par with a normal SC/ST child? pls advice.

Extortion of money by girl 's family

Respected lawyers,

My brother 's wife came with gang of goondas to my parents and took the cheques of 7.5 lakhs , by snatching the mobile phones and threating to file FIR.

This incident happened in 2012 Novemeber, Now I am planning to file a complaint in the police station against them. You may ask why there is so much delay, but as I m US citizen and as I was caught up in the work, it was very hard for me to come trip , but now I want to take action against them, will police arrest them when I complaint against the girl and her family?

Thanks & regards.

Damages u/s 14 b of misc. & pf act

Dear Sir,

we have rcvd. notice of 14 b for delay in pf due deposited. In notice two payment are there for one month . In one challan there is minor penalty is related to us for which we have submitted bank certificate. The another challan is not belongs to us. But in PF EDP data the same is related to us. Astt. PF commissioner pass the order. please guide what we can do now?

regards

Vinod K. Joshi

Language problem

Respected sir,

We are facing the toture of false 498 a in a different state, we are from Hyderabad, hindi speaking people but the girl is from banglore and she filed in Bangalore court, and the lawyers and other court staff are using Kannadda, which is so tough for us to understand, the girl can talk fluently in kannda, and we think these all people are getting manipulated by girl. How can we overcome this problem ?
Already we are in so much Trauma and now language is another hurdle. Expert is there solution?