4WhatIsRight
10 September 2021 at 12:15
I am a super senior citizen, own a shop which has entrance through a common passage leading "only" to my shop.
Same is reflected in my deed of conveyance. (W) Entrance, (E) shop and wall on both sides (N & S).
Recently in my absence, my neighbour has made a door opening to that common passage from the wall on South side. His objective is to encroach the common passage leading to my shop.
I approached the local ps and (being influenced) they said that it is civil matter, you go to court.
Isn't such matter a criminal offence? What are the remedies to such illegal acts?
Anonymous
09 September 2021 at 22:31
A cognizable offence is the one for which a police officer has discretionary power to arrest a person without warrant, under Section 2 (c) of CrPC.
The Section 41 CrPC is the provision that enables a police officer to arrest an accused without a warrant.
The Section 41 a, CrPC deals with arrest when the offence is committed in the presence of the police office.
Section 41 b, CrPC speaks of arrest relating to a cognizable offence punishable with less than 7 years or up to 7 years.
In this scenario, my query is which is the basic enabling section in CrPC which deals with the arrest of a person (without a warrant) accused of a cognisable offence having more than 7 years of imprisonment?
Anonymous
09 September 2021 at 17:07
I want to know the format for filing the edakhil case as the case has being reverted back. Can anyone guide for the same
The comission office has informed me to come to office. But as everything is online, would like to check if anyone can guide with the required format for edaakhil. If anyone has made a complaint through this portal, would request to kindy guide for the prescribed format and procedure.
Member (Account Deleted)
09 September 2021 at 12:24
We have family property that original bought by my grand father then trans to my mother after his death. Now my mother is no more and we are three brothers.
My father was a banker and he took loan against property on my mother’s name and attached the property document. Due to some internal issue with the bank, he did not repay the loan. From last 25year we have no correspondence or communication with the bank regarding the loan.
Now both are my parents are dead and we do not have the property papers. What can we do under such circumstances?
We are staying in the property from last 35 yrs.
francis
09 September 2021 at 11:59
our society MC term expires in december 2021 .Can we call major repair qouatation now
when we should star election preparation and how
Balaji Bakthavathsal
09 September 2021 at 11:53
A Govt. Servant got convicted and sentenced to undergo Simple Imprisonment for one year u/s.138 r/w 142 of Negotiable Instrument Act and also directing the accused to pay a sum of Rs.2,75,000/- as compensation u/s.357(3) of Cr.P.C. in 2014 by the trial court which was confirmed by the next appellate court in the year 2017.
However, the govt. servant concealed the fact, continued in service and got retired on superannuation on 30.04.2018.
What could be the course of action that could be taken on the retired govt. servant ?
Please quote the citation, if there is any.
Anonymous
08 September 2021 at 20:54
As per MCS new bye laws allowed society to transfer same flat/shop two or more time in a year???
Reply.
Mohammed Rizwan Shaikh
08 September 2021 at 20:50
Respected Experts,
A sweetmeat partnership firm was formed by and between 4 partners in 2018 and it was agreed that the business will take place on the said address. The Deed of Partnership does not bears the exact address of business operation, it only states that it's in a building. Further, the deed of partnership was sent for registration with ROF, Mumbai in 2018 itself. In Oct 2020, one of the partners expired. After the death of the partner, the wife of the deceased partner sent a letter to the other partners to include her as a partner by the virtue of clause 11 of the said partnership deed and simultaneously informed the ROF about the death of the partner.
The said Clause 11 reads thus:
"11. Any of the partners shall be entitled to nominate one person to succeed to his share in the partnership and on the death of the partner the partnership shall admit such nominee as a partner in the place and stead of the deceased partner and shall not deal with the other legal heirs of such deceased partner. It is clearly agreed and understood that the nominee of such deceased partner shall alone deal with the legal heirs and representatives of the deceased partner."
On the receipt of the letter sent by the wife of the deceased partner, the other partners got aggravated and threatened to either take a back-step or take your share and/or go away. The other partners do not want to include the deceased partners wife as a partner.
The aggrieved wife approached the ROF to know the status of the firm wherein it was informed that the said firm is under objection due to some incorrect dates.
Please note that Arbitration Clause is present.
Experts,
Please advise whether the Partnership still exists or it stands dissolved?
What legal remedy the aggrieved widow has to fight in the Court of law?
How can the legal heirs of the deceased partner dissolve the firm and restrain the other partners from entering into the suit premises?
Your advice will save someone's life and property.
Regards,
Mohammed Rizwan Shaikh
Kani
08 September 2021 at 17:47
Dear experts, kindly share your valuable knowledge. I am a banker and a person has taken loan from us. Now the loan has become bad and bank has to file suit for recovery/SARFAESI. The person also has another account with us under POA where he is the principal but the account is run by the attorneys holder under the principal’s PAN. This account is still running well. My question is whether I can attach the POA loan account to the principal’s bad loan account while filing suit/Sarfaesi process
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