krishna
28 February 2014 at 12:59
A – Plaintiff
Vs
1. B
2. C
3. D
4. E
Property is on the name F died in 1981. B is the legal heirs of F.
A, C, D are the legal heir of G. G died in 1973.
Though this property is on the name F , it is acceptable to A,B,C,D, that this property is combine property of F & G & E is also aware that.
April B ,C,D, negotiated with E to sell this Property to E and E paid certain amount to B on paper without the knowledge of A who is in possession of this property.
After that B,C,D,E started pressurizing plaintiff to take money of his share in this property and handover the possession of this property to E.
A refused to sell this property and accepted to pay money to B,C,D but A could not pay money to them because of problem created by B,C,D,E and therefore A refused to sell this property to E.
For example from 1981 till 2013 B was never residing in this property and A,C,D were residing in this property and last 15 years only A – plaintiff was residing in this property.
B,C,D forcibly expelled plaintiff from this property and locked said property in June
then plaintiff file criminal complaint and complaint under 145 of crpc to get possession ‘
When complaint was pending under 145 in court E took the possession of property forcibly and all the document executed on the name of B showing F as full owner and B is the only legal heir of Property and it is shown that B is residing in this Property since several years.
Same information was written in sale deed, at the time of making Sale Deed E was aware that case under 145 in respect of this property is pending – enough proof to show that E was aware that. Even government authority aware that case in respect of this property under 145 is pending – enough proof to show that government authority was aware that.
In spite knowing this government authority transfer this property on the name of E with the help of document including sale deed which contain false information when case under 145 was pending and
after that Plaintiff withdraw 145 case and file civil suit.
B is died now & statement of B given to police available in which B states that this property was purchased by F & G .
E is now saying that he negotiated with B in July but it can be proved that he negotiated in April.
1. Is it possible for plaintiff to ask court to declare sale deed and other document executed between B & E as void as they contain false information and at that time case under 145 was pending in respect of this property and defendant was aware that and cancel the transfer of this property and give back possession of property to Plaintiff since plaintiff forcibly expelled from property without following due process of law?
2. Appoint a court receiver to said property till final disposal of the case ?
Ashutosh Choubey
28 February 2014 at 12:45
Dear Sir,
The SC has upheld the Majithia Wage Board recommendations for Working Journalists and non-Journalists in its judgment dated 07 Feb 2014 and ordered the petitioner newspaper establishments to implement the revised wages w.e.f. April 2014 and to pay the arrears w.r.e.f. 11.11.2011 when the Central Government notified the recommendations.
Now I want to know from the experts as to what may be the penal consequences if a newspaper establishment does not comply the recommendations in view of the SC judgment and also what prosecution may be initiated against the establishment under the Working Journalists Act,1955 and the Contempt of Court Act,1971 by the Supreme Court for violating and non complying the Supreme Court order for implementing the Majithia Wage Board recommendations.
ranjit
28 February 2014 at 12:37
ear Sir,
I having a property in Delhi, Due to sell of property , I having a meeting with purchaser to sell of my property for Rs. 20 lac, during meeting he give me 50000/- as advance against sale of property and a document in white paper and pasting a revenue stamp Iwas signed between us and three witness, the details of documents are given below :-
RECEIVED A SUM OF RS. 50000/- (RUPEES FIFTY THOUSAND) ONLY AGAINST SALE OF HOME (Details of Address of my home) FROM PURCHASER, TOTAL SALE OF PROPERTY IS RS. 20 LAC, ADVANCE RECEIVED RS. 50000/-.
Now I have decided not to sale the property and like to refund rs. 50000/- to purchaser, now the purchaser asked to pay me a penalty amount of Rs; 50000/- more. otherwise he may file a case against me in court and my property become siezed from sale in future by the order of court. So my question to you all the stated true and what are the consequences ?
Mahesh Chand Gupta
28 February 2014 at 12:35
A person filed a fake criminal case against me and my colleague lady advocate which was dismissed by CJM Court. He prefers revision of the case in district court and again the case was dismissed. In this case, he puts a fake allegation that I had illicit relations with the lady advocate. Whether a suit for defamation may be filed by me? Whether it will be a criminal case or a civil case?
rajendran
28 February 2014 at 11:53
A was remanded 25.01.2013 for an alleged offence u/s 120(b), 420 and 406 of IPC. He was in judicial custody for more than 75 days. He filed an bail application before the High Court of Madras and Hon'ble High Court grant interim bail to a and directing him to settle the amount to the defacto complainants. A was not able abide the condition and the interim bail was cancelled and A was surrender before the concern Police station and he was remanded for judicial custody on 09.02.2014. A file the Petition for bail and in the bail petition he sated the earlier custody days but the court is rejected the earlier custody days the it calculated the remand date from 09.02.2014. Whether it is correct are not? Whether the earlier custody days are taken to consideration for bail or not? Is there any relevant judgement for the same.
Vijaya Reddy
28 February 2014 at 11:36
"If the husband remarried before the death of the first wife and they dont have children, then will husband have right on first wife's property after her death?"
Samsuddin
28 February 2014 at 11:07
Hello Gurus,
I wanted to buy a flat but its OC ( occupency certificate ) is missing / not available, owner says its a 8 years old building and back then this was not necessary.
Its a A khata building, so is it safe to buy it ? or if there is any workaround like it can be later recovered some how ?
Again its very unclear as to how it is A Khata when the OC is missing.
Another thing to keep in mind here is i will not avail loan from bank to buy as i have some savings.
So is it safe to go ahead for long run etc.....
Regards,
Sam
Raj
28 February 2014 at 11:05
Sir, If the quashing petition over any criminal case under 482 Crpc is dismissed by single Judge of the High Court. Is there any remedy there for making an appeal before the double bench of the High Court??If yes under which provisions???
Malhar Buch
28 February 2014 at 10:56
I have to ask that Can Any Advocate can be a Member of Trade Union or not??
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Lease agreement clause
Dear Sir/Madam,
Thank you all for your advice, it is much appreciated.
I am giving my shop on rent and getting it registered and also doing the police clearence.
Request, how to frame a clause stating : if the monthly cheque (for rent) bounces then consider this as a notice for one month following which the leave and license agreement stands null and void. And the licensee shall vacate the shop during the notice period after the notice period the licensor shall occupy the shop and the licensee shall not object and will not sought any legal action against such occupation by the licensor.
Thank you,
Darshan...