Sadanand B. Panchal
16 August 2014 at 00:57
Respected Experts,
I witnessed the trees felled in my area by the developer while excavation for construction of building. Being aggrieved, I made complaint in writing to the Garden Department, BMC of my Ward with enclosing photographs. Thereafter the Assistant Horticulture Officer of the Gardens Department, BMC visited the site and after calling the records of the Tree permission from the Tree Authority, found that two trees felled without permission and also 18 trees felled which were permitted but not planted within statutory period. Therefore the Tree Officer with approval from the Ward Officer lodged complaint with the Senior Inspector of Police under Jurisdiction.
Thereafter the Police registered First Information Report against the Developer for offence committed under Section 8 and 21 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1971. The said FIR is of the type Sp.LAC Case in Marathi Special Local offence. Before registering the FIR, the Police obtained permission from the Metropolitan Magistrate Court under Section 155 of the CrPC.
The FIR was registered on month of January 2012 and thereafter Police filed Charge Sheet in the month of November of the year 2013.
It was doubtful fact that the Investigation Officer filed Charge sheet and brought the bogus accused without taken copy of the FIR on record of the Court. But on the Charge Sheet number of FIR was written. On charge sheet the offence described deferent than as described on FIR and also the accused name (developer’s name) indicated in FIR was not disclosed on it. But the witnesses of the FIR were taken on record as witnesses of the bogus accused. Therefore the Court was summoned me and the BMC Officer for examination in chief.
BMC officer made his deposition according to the FIR and stated the person responsible for offence was the developer whose name was indicated as accused in the FIR. He also submitted copy of FIR and other documents as evidence. In spite of this Court did not asked the Police why the Police had not submitted the FIR from the side of Prosecution.
The Advocate for the bogus accused taken part in cross examination of the witness. When I was making my deposition, the Magistrate did not call the typist and recorded my deposition by pen in hand writing. When on inquiry I found that among my deposition, the Court neglected the name of accused in FIR and also further did not record various depositions mad by me. Therefore I made application to rectify my evidence, but the Advocate for the Bogus accused again taken objection for my application. I already informed the court that the Police has not arrested the real accused indicated in the FIR. I don’t understand why the Court is entertaining the Advocate for fake accused. On very next adjournment the Magistrate annoyed with me and told that leave the matter; this is not the matter of murder.
Shall I make Complaint to the Hon'ble Chief Justice of High Court or the Hon'ble Chief Metropolitan Magistrate about abuse of process of Court? My evidence is going on since one year. I made complaint, made efforts to follow up and now the said case would might dismissed for wrong Charge sheet.
What is the solution for this situation when the Police filed Charge Sheet without basis of the FIR and without submitted FIR before Court under Section 170 of the CrPC?
Kindly inform me identical Reported Cases regarding Charge sheet filed in absence of FIR.
Kindly guide me.
Navi
15 August 2014 at 23:17
We had written to Sole Arbitrator on 30-03-2013 as under
"That we had approached the office of Indian Council of Arbitration (ICA) as per clause 9 of the same agreement which was meant to be forged makes all the conditions & clauses inapplicable. This was the reason we had approached your office through our claim to direct the Police Authorities for criminal proceedings against M/s Dhoot Developers Pvt. Ltd as it is no further a civil matter.
32. That we had already supplied you with both the copies of agreement which have been scanned & forged along with RTI from Army stating that M/s Dhoot Developers had no permission to sub-contract this contract and Army had written letter dated 25-10-2011 to M/s Dhoot Developers Pvt. Ltd as per clause 47 of the agreement.
33. That the good officers of this arbitration panel is arbitrating the contents of the agreement which is voi-ab-intinto and thus, rendering the said agreement null & void for the purpose of arbitration proceedings. That as the agreement was executed by us under the false belief & inducement and the appropriate criminal proceedings have been initiated leading to registration of F.I.R. No.126 at Ferozepur Cantt under sections 420, 380, 120B, 465, 467, 468, 471 IPC against M/s Dhoot Developers Pvt Ltd. In the view of the same, the precious & valuable time and resources of this arbitration panel are liable to be wasted as arbitration is being conducted determining the contents of null & void agreement (For the purpose of Arbitration). That we believe that arbitration proceedings cannot to be continued after the facts of Cheating & forgery of agreement have been projected in the investigations of Police F.I.R. registered at Ferozepur Cantt."
Now the arbitration award states that
"The claimant had forwarded by post, its application dated 30.03.2013, stating that it does not wish to proceed further with the arbitration proceedings. The same was disposed by order dated 06.05.2013, whereby the claimant's prayer was allowed and the statement of claim was permitted to be withdrawn. It was however further held by the same order that the respondent's counter claim survives for consideration and shall be adjudicated"
Is this a valid award allowing counter claim stating claim has been withdrawn by claimant whereas claimant has stated that police has already registered FIR for forgery of agreement between parties which makes the agreement void ab intio thus, rendering the said agreement null & void for the purpose of arbitration proceedings.
sridhar pothukuchi
15 August 2014 at 22:50
sir, can i purchase a constructed house which is in gramakantam, what measures have to take while purchase, iam the third party to the property (an old man having that house from 60 yrs, my uncle purchased that and build a new house on that land)gram panchayat issued a letter that land is not a assigned/govt land please guide whether i have to purchase or not (house no allotted, paying house tax water bill etc)
Jyothi suresh
15 August 2014 at 22:50
My husband met with accident 2 weeks back he dies after 2 days. I reported a case on nearby police station. Police took legal action and took both vehicles and released it after 1 week. Please let me know what' law says.
m k bhardwaj
15 August 2014 at 22:45
i bought one flat under construction 3 years back, after its completion , I sold it out after 3 years to someone else. but at the time of sale, builder charged some excess amount in the name of transfer fees, while it was written in agreement that tr fees will be charged from IInd transfer.
please advise me, whether the case is fit for filing under consumer court,,as I have sold the flat after three years.
do I fall in the category of consumer ?
flat bought in april 2011 and sold in june 2014, when it was compeleted..
please clarify the scene
Jyothi suresh
15 August 2014 at 22:39
Hi all,
My husband gave about 8-10 lakhs money to his friends as loan, they used to pay interest of 2% every month. 2 weeks back he met with accident he is no more. I saw few cheques( some blank cheque and some with the amount they took) now only one of his friend came and gave me the amount which he has to pay and the others made excuses like they made the settlement long back and only few thousands they have to pay
So please let me know what legal action should I take
Adv. Mohan Chandra
15 August 2014 at 21:58
Sir,
If husband and wife are jointly holding a flat where wife's name is first in the agreement and the husband's name stands second.
I have two queries
1. In the event of death of wife in view of the above agreement does the husband becomes a legal hire automatically or a nomination in favor of the husband is necessary to be executed.
2. In the event they wish to nominate their son after death of both, but in the event of death of wife the husband should be the legal hire what procedure will have to be followed in the housing society
I will appreciate if you will kindly guide me on above matter.
Dr K N Murty
15 August 2014 at 21:50
Sir / Madam
I am a retired scientist, sometimes asked to help and guide people around, having been at such community service for long.
A family friend, an elderly lady, lives in 3 story house in Hauz khas from 15-20 years. This building has setback on three sides as per santioned building plan of MCD. It has Basement + three floors.
A new buyer of ground floor has started claiming ownership of these set back areas and is putting all obstacles in its usage by other apartment owners. He says there is a court judgement granting this ownership.
1. Please let me know if a judgement by Delhi Courts exists providing such ownership of setback areas to ground floor owner.
2. Is there a judgement under CRPC 133, granting relief to us. against such obstruction.
Please revert soonest, with references for copies of such judgements.
Thanks and Best regards, Dr Murty
Suhas Sambhal
15 August 2014 at 21:13
Dear Sir,
Please guide me in a matter as per below:
My deceased Grandfather have four sons No 1,2,3,and 4. Number 2 and 4 is deceased and i am son of No 2.
In a **** situated maharashtra village place Grand-grand fathers ancestral land property, Number 1 have submitted bogus application at Talathi office with the name of his father (my grand father) on 17/8/94 (Mutation Entry) but who actually died on 09/07/94.[MUTATION ENTRY ON APPLICATION OF A PERSON WHO ACTUALLY DEAD AT THE TIME OF FILING AN APPLICATION].Aforesaid land is sold by number 1 for his personal benefit in year 2008.
After the inquiry held by Collector with my application and followed with an order to carry revision of mutation entry, SDO HAS CANCELLED THIS ILLEGAL MUTATION ENTRY IN REVISION UNDERGONE WITH AN ORDER IN JUNE 2014. and record of right is corrected with legal heir of No 1,2,3,and 4.COUPLE DAYS BEFORE.
Meanwhile i have had filed partition suit in 2011 including with all other properties and Purchaser of aforesaid land is the party as respondent.
NOW MY PROBLEM IS THAT HOWTO ACQUIRE PHYSICALLY THIS LAND BECAUSE NOW LEGAL ENTRY IN ROR HAS BEEN TAKEN UP NOW.
AND WHAT IS THE PROCEDURE TO FOLLOW
PLEASE GUIDE ME CORRECTLY.
I WILL BE HIGHLY OBLIGED.
Thanking You,
makarand
makaranddavkhare@hotmail.com
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gift deed for house underconstruction
Hi
.
I own a house in Nalasopara, Maharashtra and is still underconstruction jus want to knw if it is possible to make a gift deed in my father's name..
Thanks