Chandrika Subramaniyan
01 December 2013 at 13:12
This is a question based on my learnings on Sale of a property.
Seller and Buyer want to report the full value of sale on registration. But I understand that the registration value would only be determined by the property registration department based on the guideline value plus the age of the building and/or may be the amenities and premium location . This may bring the registration value of the property lower than sale value. The difference seems to create an avenue for unaacountable moneys.
What then may be a solution if one wants to be transparent ?
The Centre seem to want to stop this unaccountability where as the State Departments seem to have their own reason to do what they do.
Grateful for any observations on this. Would certainly be a learning experience on the subject,
Thanks…CS
Raj
01 December 2013 at 13:08
Sir, In my case my sister in law has implicated our family members under section 498-A/406/323/504 IPC. She filed the false Medical Legal report at her native place which clearly state that no injury was there and when we showed our interest to return her articles she made false Dowry List art her and claiming 30 Lakhs articles without any full proof..she made false alleghations in FIR that we have transferred the car in our name..she made various false allegations in FIR...After granting of regular bail and after few months she file the case of 125 CrPC and claiming 1 lakh monthly maintenence and inserted fresh allegations...Then after period of one year she file the false case of Domestic Violence and claiming many illegatimate demands despite of that she is working and drawing good perks than us...Her desires and claims are unlimited and she has ben filing flase case one after naother..Mnay fratenity has advised us to use presuure tactics and file the counter case on her and her family..If there is provision of filing counter cases during the pendency of matter please advise me or just we have to face the endless litigations for years..Please inform which counter cases can be filed in such circumstances??
KETAN J SHAH
01 December 2013 at 12:34
Respected Sirs,
There are 2 suits filed by the Landlord on 2 different tenants.
1) In the first suit the Landlord has filed an eviction suit and stopped collecting the Rent and other outgoings since last one year and the Landlord has asked the tenant to deposit the amount in the Court . However the Tenant has not deposited the rent in the court but approached the Advocate of the Landlord and asked them to convey the message to the Landlord that the Landlord should collect the Rent directly from tenant which has been conveyed by the Advocate of Landlord to Landlord.
Is the Landlord right in not collecting Rent directly or should he follow the advice of his Advocate.
2) In the second suit the Tenant inspite of taking order from the Court is not depositing the rent on time and he has refused to pay B M C property tax saying that since he is paying Rent to the Landlord he is not liable to pay Taxes and other Outgoings. All this is to be borne by the Landlord . The rent paid is Rs.150/- per month and Tax is about Rs 420/- per month.
Both the Suits are at Landlords Cross examination stage.
Please advice.
Thanking you in advance.
raj
01 December 2013 at 12:09
Dear Sir/Madam,
My brother's wife has got registered FIR u/s 406, 498A after 13 years of marriage with two kids. Fir has been registered,but Chargesheet has not yet been prepared. She has also filed Divorce Case on same grounds of cruelty which is also pending.
We are planning for a mutual divorce agreement under which both children will be maintained by wife but she will not claim any maintenance or permanent alimony for her and children.Further, after getting divorce, we wish to go to Delhi High Court for quashing of FIR. I have come to know that there are many cases under which, the high court has, on its motion, ordered deposit of money by husband for the wife and children and made it a condition for quashing of FIR inspite of the fact that divorce agreement/decree does not contain any such demand by wife. Further,we have no faith on my brother's wife, it can also happen that in the high court she may claim that she was pressurised to sign the mutual divorce agreement by her counsel or she was not aware that she will not get any money from her husband. In that case, is it possible that the judge of high court may, suo moto, ask the husband to first deposit lumpsum money for the children and then he will quash the FIR?
I also wish to know whether before grant of divorce by lower court, my brother's wife can go to high court to get the FIR quashed by claiming that she had framed false allegations against the husband and his family in a state of angor and without any evidence. Will the high court quash FIR when the complainant herself approaches the high court for quashing of FIR?
Kindly advise on the subject asap.
Thanks in advance.
Sakshi Sakshi
01 December 2013 at 11:57
Looking for exactly fitting citation for transfer u/s 24 of CPC.
Case about .... sudden bitterness & hostility between the litigant(respondent) and the judge (who is hearing the pending case)
Litignat being aggrieved by the conduct of judge and the handling of case/passing of orders so far, goes to REgistrar general of High court and formally makes the complaint with crisp details. "Complaint acknowledged for further enquiry."
the litigant, without wasting any time, also informs the opposite party & also the lower court judge about the same in writing and asks for adjournment. "adjournment granted."
the litigant files transfer petition before district court/court of principle judge to transfer the pending suit.
Reason for transfer: proceedings herein afterwards would NOT be fair/impartial, if conducted before same judge, as there is this new rivalry/animosity between the referee and respondent in 'original pending suit'.
Even though trial court judge gives comment in writing that 'act of filing complaint against me has not disturbed/perturbed me ....' still the situation does not give confidence of fair play/impartial trial as 'complaint before reg. general is related to the conduct of same judge in the same pending trial in the past'.
please note:
I am looking for exact fitting caselaw.
"jusice is not to be done but it should be seen to be done".
above situation is NOT like "nobody should be the judge of his own case" (district court is hearing the transfer petition and NOT the trial Court!!)
.... it is case case of 'actual' personal bias(and also self serving bias) and also apprehension/'danger of' personal bias due to acrimony/ animosity/ bitterness between the respondent-litigant and the trial court's judge/arbitrator and this is arising out of 'respondent's act of filing of complaint by litigant against the judge to whom the litigant has to face his trial'.
here, the judge is also the opposite party in the complaint made before registrar general simultaneously. so there is likely hood of even more harassment of litigant-respondent in even more subtle manner. (the very complaint is about the harassment by the judge in pending suit proceedings so far)
Please help.
Sonu
01 December 2013 at 11:21
Hi,
My sister has been defrauded by a GUY to the tune of Rs 4.5 lacs. He promised to
marry my sister and in return asked for a car. My sister broke her FD and she made the payment to car dealer in gurgaon through cheque and online transfer both and the guy got the car registered in his name at his address in delhi .
Subsequently he refused to marry and
my sister got the FIR registered under section 376/406/506 dated July'13 in gurgaon. The FIR mentions the car number too.
The GUY ran away on knowing about the FIR and he left the car in a hotel in Lucknow.The hotel informed the lucknow police and lucknow police brought the car to lucknow police station. The lucknow police informed the delhi police (since car registered in delhi )
and delhi police informed the gurgaon police.
The gurgaon police have got the car from lucknow and at present the car is in gurgaon police station. we do not know whether gurgaon police did some formality in lucknow court or not
Now We need to know how to transfer the car in my sister's name. The original papers of the car are not there since the guy has taken with him.
The gurgaon police is saying that the car can be transferred in my sister;s name only when the guy is arrested. But the issue is guy is not traceable. The guy's parents tell police that they have no relation to their son. The GUY has other cases against him too filed by other
girls in other court. he is a fraud.
The gurgaon police also says the other option is to sell the car. But we do not want to sell. I have four questions.
1 ) Pls advice how to trans fer the car in my sister's name. she has made payment to car dealer and so ideally she is the real owner.
The gurgaon police has authentication from Bank manager that payment is indeed made from my sister's account.
my sisters statement has already been done in front of magistrate in gurgaon three months back in july'13 by the police
2) How can we get the car through court in gurgaon. Till date we have not hired a lawyer .How to get a govt lawyer or pvt lawyer to file the car transfer case in court ?
3) Gurgoan police informs that we need to pay for the petrol expenses on getting the car from lucknow. we agreed. But now they are not asking for the expenses. why ?
4) How to trace the guy. my sister feels that his father is also involved with this episode since the guy does all the fraud with his voter id registered at his parents address. The guy changes his phone/sim and targets girls through matrimonial websites
regards
Sonu
v kumar
01 December 2013 at 10:38
I was travelling in train no. 22912. One of the suitcase was stolen by thief after broking chain beneth my berth of sleeper coach in running train. At that time TTE said that you can lodge FIR at your destination station. Hence I lodged FIR in station after I was reached there.
I lost of Rs. 66000/-. Who will settle the claim.
Anandakumara MB
01 December 2013 at 10:05
Property Belongs to my grandmother’s father, After my grandmother –father death may in 1910. Out of two brothers one was expired. My father and grandmother are staying with the one remaining brother. The grandmother’s brother do’t have any males . The properties are enjoyed by my father and grandmother. The brother of my grandmother also expired and her daughters also expired.
The daughter of the expired daughter of my grandmother’s brother made litigation of the property in civil court but not succeed it was on 1937. Properties are granted to my father by Mysore INAMS Abolition act 1955 (Religious and charitable) under section 2 in 1960 by the Additional DC Inams abolition Bangalore.
The properties are granted by INAMs are hope fully self-acquired. My brothers are made the jubane vibhaga among themselves without my knowledge in 1984, which was unregistered. My father expired on 1982. As per school records my DOB is 1943.
Weather I will get equal rights as my brothers in my father properties??.
preeti
01 December 2013 at 07:54
i was on my two wheeler. a man came and hit my vehicle by his car. i noted the no of car and file an FIR.
I was not hit badly nor my vehicle but i was annoyed by such rash driving and misbehaviour after it
now what can i do? will there be any pblm for me? the person came to me and asked for sorry .He told me that his car has no insurance and he is trapped. He asked for sorry
My medical was done by police doctor.
then i did not went to medical treatment ,so i dont have any medical bills and dr prescription nor my vehicle was damaged ,I went to garage and made it to run, still dent are there on two wheeler.
Now what i should do? will there be nay pblm for me If idont have medical bills and vehicle repair bills.
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Rent agreement
Dear Sir / Madam,
I have a flat in an Apartment. Kindly suggest me a format of rent agreement, also do tell me how much stamp duty should I pay while executing the agreement as I want to register this agreement in the Court of Law.
Also the most Imp thing can I rent the flat for a period of two years at a stretch, also kindly arrange to put this clause in the agreement.