Amit Joshi
01 September 2020 at 01:01
Hello Sir/Madam,
Myself Amit Joshi. I am accused in SC/ST atrocities case. Currently, I am on Anticipatory Bail. When FIR is filed on me, I had doubt that complainant's caste certificate is bogus. I had expressed my concern to investigating officer(I.O.) but at that time, I had no proof so I can't submit it to I.O. And they also not verify caste certificate from caste validity certificate. So, I decided to file RTI application for that. Now, I have enough proof and documentary evidence that person is of General caste and not SC/ST caste. Before such evidence come in my hand, Chargesheet was filled in court. I want to file discharge application to court.
Can I submit such evidence along with discharge application ?
Because Section 227 of CrPC says that:
"If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing"
Here, in section they used words as "record of the case" as my evidence is not in chargesheet report it is not "record of the case". I got it later when already chargesheet was filed. So, can discharge is possible in my case u/s 227 ??
Can anyone suggest any caselaws related to this, which says that accused can submit evidence in support of his 227 discharge application.
Anonymous
31 August 2020 at 18:05
Sir/Madam, I have made an advance of 80% for a piece of land two years back and I was given 6 months time by the seller to pay the remaining 20% amount. The advance was paid through a registered agreement by paying stamp duty on the 80% of the amount paid in advance. Later I came to know that there was some problem with the land and it belonged to government. But the seller has all the papers to prove that the land belonged to him and said that he will clear the legal issues and get the land registered in my name.
It is two years now and nothing has happened. The seller is neither able to get the land papers cleared nor he is returning my money. He has also taken some money from me in cash in the name of legal expanses to get the land cleared which he said can be deducted from the final amount to be paid.
Can I file an FIR with the charges of 420 against the seller through court as I feel that the seller knew every thing and has trapped me and at the same time can I claim for my money through recovery suit in civil court? Because I feel that filing an FIR will not get my money back. Please suggest what is the best process? Criminal or Civil or Both?
Anonymous
31 August 2020 at 17:41
Dear Professional Colleagues, I request your expert advice on the below:
My Aunt was a member of one of the Co-Operative Housing Society under the Andhra Pradesh Co-Operative Societies Act, 1964. She had purchased (been allotted) a Plot of 310 Sq yds in January 1990 through a registered sale deed executed by then incumbent Office bearers President & Secretary of the Society and the sale deed was duly registered in the area sub-registrar’s office as per the jurisdiction. Right from the day one till today the plot is under her custody.
In addition to the original sale deed, she is also holding her duly attested Photo Membership Card containing her ID No., Plot No., with Seal of the Society etc., issued by the Society. She was also elected as one of the Director of the Society in the General Body (GB) Meeting held in Aug 2003.
As per the minutes of the meetings, the last election of the Society for electing the Executive Body under the State Co-Operative Societies Act was held in Aug 2003, thereafter the Society became defunct as majority of its founder members were expired and there were no active members to continue the legacy. Subsequently, many people have constructed residential houses and living in this society.
In Aug 2016 - my Aunt had constructed a basement in all four sides of the plot. While the basement work was in progress, one of the neighboring person started troubling her and lodged a misleading complaint with the local municipality stating that “”my Aunt is constructing a house without proper plan”. Municipal authorities visited our site, inspected the basement work being carried on, realized the fact and went away. In the same month in Aug 2016, my Aunt has filed a Writ Petition in the Hon. High Court and obtained an Injunction Order against the Municipal Authorities from demolishing the basement. The neighboring person who made a compliant to the Municipal Authorities was also made one of the respondent in the above Writ Petition/injunction Order. None of the respondents including the neighboring person had responded to this Order. The interim order is still in force.
In Nov 2018 – when my Aunt was trying to dispose the Plot, the same neighboring person sent her summons from the District Civil Court pretending himself as a Present of the Society claimed to have elected in March 2015. With this background the facts of the case are –
1) According to the proceedings received from Sub-registrar of the Cooperative Societies, the second Executive Body (EB) was elected in June 1983 and they were serving the office till the next Executive Body was elected in May 1992. Each term of 5 years but two terms are allowed;
2) Subsequent General Body meetings were held in June 1995 & Aug 2003;
3) President & Secretary who had executed my Aunt Sale deed in Jan 1990, were initially elected to the office in June 1983 and again got re-elected either as Vice-President or a Director in the subsequent General Body meetings held in June 1995, proving their bona fide presence and continuous involvement in the society activities;
4) As a matter of fact, my Aunt herself had been elected as a Director of the Society in the General Body Meeting held in Aug 2003;
5) My Aunt’s sale deed was executed in January 1990 since then she is having a clear title and occupation;
6) As stated above, our High Court Injunction order issued in Aug 2016 still in Force;
7) The neighboring person never been a member of this Society but living in this area for many years and trying to take every advantage of people especially Senior Citizens for want of money;
8) Taking the advantage of defunct status of our Society, with a mala fide intention, he has joined hands with the Co-Operative authorities and revived the Society in March 2015 (after 12 years of it’s last genuine meeting held in Aug 2003). Mentioning few unknown names as Secretary and Directors in the minutes, he claimed to have become a President surprisingly in March 2015.
9) Being a Member and elected as Director in Aug 2003, my Aunt never received any notice of such meeting claimed to be held in March 2015 by this neighboring person;
10) The so called neighbor was no way affiliated or involved in the society activities at the time of registration of our sale deed in Jan 1990.
11) For the first time he claimed to be elected as president in March 2015.
Claim of the Neighboring Person:
a) After 29 years of executing the bona fide sale deed, now he claims that during Jan 1990 (when the sale deed was registered) there was no valid committee to manage the affairs of the Society and President and Secretary (duly elected and holding the office at that time) were not empower to register the above plot in favour of my Aunt;
b) There was no committee for the period from July 1986 to April 1992;
c) On these grounds, with a mala fide intention, he is falsely claiming for the cancellation of sale deed and recovery of the Possession.
d) Earlier, the same person had encroached a huge amount of park land in this society in collusion with local Municipal authorities.
Is the above Claim of the Neighboring Person tenable under the law:
A) Is it not barred by Law of Limitation?
B) What is his identify at the time of registration of sale deed and sanctity of his claim after 29 years?
C) He did not respond to our High Court Injunction order issued in Aug 2016 which is still in Force;
D) Can his claim of becoming a President in Mar 2015, after 12 years of the previous General Body Meeting in Aug 2003 tenable? Please help us.
Kalpesh Amin
31 August 2020 at 11:36
I have purchase Agri land last year in Aug 2019 still as on date property right i.e. paki entry not done by in mamlatdar now my lawyer go to collector in vadodara what is the actual procedure in collector .....can u say.....
Sidambaraselvan
31 August 2020 at 11:01
I applied for inclusion of my name in the Patta for the ancestral property before the date of filing of Original Suit in the lower court by my oppositie parties.
The Tahsildar included my name after detailed inquiry and thorough verification of all the documents submitted by me.
Now my opposite parties raised a complaint to remove my name from the Patta as the case is pending in the lower court.
On the date of application for inclusion of my name in the Patta, I don't know that my opposite parties will file Original Suit in the lower court in future. There is no injunction given by the lower court regarding the inclusion of my name in the patta so far.
But in the enquiry conducted by the Tahsildar in the latter date, my opposite parties submitted to include others also who have rights over the property i.e., I got the right to the property through my mother - Daughter of my Grand father. i.e., My Grand Father has 2 daughters apart from my mother. These two daughters of my grand father have legal heirs. Their place of living is not known for several years. I have not objected to include their names in the Patta.
My opposite parties did not object and did not mention to remove my name from the Patta at the time of enquiry conducted by the Tahsildar.
At this stage, what is the remedy available to me.
kaushik pandya
31 August 2020 at 10:36
I am a farmer thru inheritance from my father,My father expired in 1995,thru inheritance a part of agricultural land was transferred to my mother,2 brothers & 3 sisters,In the year 1999 due to seperation in our joint business this agricultural land was transferred to my cousin brother,thru a gift deed , At present my mother nor I do not own any agricultural land, I would like to know if I can buy agricultural land in Gujarat now, Thanks
Anonymous
31 August 2020 at 09:30
Hi Everyone,
I have posted one Google review against dental clinic who ruined my teeth. Then after they started calling to remove the review or they will not fix my teeth. I refused to turn down the review and they have filed complaint against me in police station that I am defaming them. They are removed my review as well from their side which was my fundamental rights.
Please advice.
Thanks
Isaac Gabriel
30 August 2020 at 23:52
Now while promoting the employees, whether the roaster seniority shouold be taken into acount or roll back top t he seniority as per the selection list.Can the Management fall back and ignore roaster seniority later?
Anonymous
30 August 2020 at 22:54
Hi,
We are living in a Joint family (4 brothers) and each floor is not in a specific individual name after builder re-construction (our late grandfather had it mentioned per floor ownership in his will before this re-construction). We are confused about what process needs to be followed since the cost is high as per our understanding and my father's brother's finances is not good so they don't want it for now.
Can we still get our floor under father's name so that we might transact later on without any hussle?
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Apartment litigations
Dear Sirs,
I am living in a108 units apartment in Chennai. it s registered under Societies Registration act of TN with no 529of 2014.My son is the legal owner.he has authorized me to represent on all matters relating to Apartment Association. In fact, I am the founder President of the Association.
I am regularly paying maintenance charges & other charges if any without any default.in 2018-19 we decided to repaint the entire building. Association collected nearly Rs.50.00 lakhs for this, apart from regular maintenance. the painting& other major work completed in 2019-20.In the meanwhile, Association collected Rs.5k from all due to water charges due to water scarcity.
I used to comment in Association Whatsapp group that accounts should be transparent, & president should notify receipt vs payment for water charges collected. I was replied that accounts wiilbe shown in AGM.
Since, I have some doubts on the genuinity of expenditure, & doubts that there was no proper bills and vendors were paid in cash more than Rs.20k, I raised disputes with the present team of Association. I gave a list of queries to them,which they acknowledged. one week later, they informed all the information relates to the previous president and suggested to give a letter to him. so I sent a letter with 15 points including mode of payments to vendors, bills etc and detailed breakup expenditure for major works. the previous president refused to receive my courier post. it was returned to me as party refused. but i saw him with the cover in his hand & discussing with his supporters. I think it is deemed to have been received.
Hence, I requested the present president to ask his predecessor to show me the records in as is where condition. nothing happened. instead, they started reconciliation talks and informed all my points will be answeredin AGM on 27.9.20.they also pressure me to leave this as past is past.
in meanwhile the previous team, target me and spread unwanted rumours to spoil my reputation. they have decided to defame me in the AGM, I heard.
the previous team slaughtered 2 well grown trees i planted in memory of my retirement. when asked, it was not intentional but to avoid damage to compound wall, trees were cut. but trees more talker than mne were not cut.
the entire Association is against me and humiliating me for raising dispute on the correctness of Account
kindly advise as to how should i take the matter ahead. can i initiate Amy legal proceedings, can i contact association Auditor to clarify my points
please help me Experts.
thanks