karan gowda
05 September 2017 at 12:29
the Advocate has filed a frivolous transfer petition before the sessions judge to which i had file application u/s 340crpc praying to prosecute the Advocate citing various judgements. but the sessions judge has totally not taken up the issue in the order. thus planning to file appeal/revision before the high court..thus esteemed experts, appeal u/s 341 or revision u/s 397/401/482 crpc ll be appropriate?
please do suggest.
this is not against any advocate, this is against the deliberate frivolous filer which is being very clearly proved.
please suggest
Anonymous
04 September 2017 at 13:34
SIR
WE HAVE AGRICULTURE LAND 69 SY NO=2 ACR
1-IN SETHWAR 1954 IN THAT PHANI =INAM LAND WRITTEN IN THE COLOUM
BUT
2-PT REGISTER MY GRAND FATHER NAME IS THERE
3-WE GOT 38-E ALSO
4-WE PAY LAND TAXES 1954 TO TILL NOW
MY QUESTION
EITHER ITS COMES UNDER INANM LAND OR PATTA LAND
ulaganathan
04 September 2017 at 00:55
MYSELF AMUTHA ONE OF THE 5 CHILDRENS TO MY PARENTS .I HAVE A SISTER AND THREE BROTHERS(B1,B2,B3)MY MOTHER PASSED AWAY IN THE YEAR 2015 DUE TO CANCER.SHE HAS A HOME IN HER NAME (SHE IS THE OWNER OF BOTH LAND AND HOUSE ) THE PROPERTY HAS BEEN LOCATED IN POONAMALLEE CHENNAI.AFTER HER DEATH WE GOT THE LEGALHEIR FOR HER .THE NAMES IN THE LEGALHEEIR INCLUDES MY FATHER MY SISTER MYSELF AND MY THREE BROTHERS B1 B2 B3.WE 6 NOW THE OWNER OF OUR MOTHERS PROPERTY AS PER THE LEGAL HEIR WE DECIDED TO SELL THAT PROPERTY.SO WE GOT A BUYER AND WE ALSO(ALL 6) SIGNED IN THE AGREEMENT OF THREE MONTH DURATION AND GOT AN ADVANCE AMOUNT OF 20%.THE AGREEMENT HAS NOT BEEN REGISTERED BY THE BUYING PARTY.
DURING AGREEMENT PERIOD THE BUYER HAS CALLED FOR THE REGISTRATION OF THE PROPERTY .MYSELF MY SISTER MY FATHER AND MY ELDER BROTHER B1 ARE READY FOR THE REGISTRATION AND WE SAID THE SAME TO THE BUYER.BUT THE OTHER TWO BROTHERS B2&B3 IS NOT WILLING TO SELL THE PROPERTY NOW AND THEY ARE NOT COMING FOR THE REGISTRATION .THE BUYER LODGED A COMPLAINT ON ALL 6 OF US IN THE POONAMALLEE POLICE STATION CHENNAI.THE INSPECTOR OF POLICE STATION HAS CALLED FOR AN ENQUIRY .SO WE HEADED TO THE POLICE STATION .MY FATHER COULD NOT COME TO STATION BECAUSE HE IS AGED 85 AND ALSO HE GOT PARALISED ATTACK AND HE IS IN BED REST FOR LAST 2 YRS .SO MYSELF MY SISTER AND MY ELDER BROTHE B1 HAS REACHED THE POLICE STATION AND LIKEWISE MY OTHER TWO BROTHERS B2 &B3 HAS ALSO CAME FOR THE ENQUIRY.THE INSPECTOR ENQUIRED US AND WE SAID THAT WE FOUR (MYSELF MY SISTER MY B1 AND ALSO MY FATHER ) ARE READY TO SIGN IN THE REGISTRATION ON NEXT DAY ITSELF .BUT MY OTHER TWO BROTHERS SAID THAT THEY WILL RETURN THE ADVANCE AMOUNT TO THE BUYER AND WE ARE NOT INTERESTED IN SELLING/REGISTERING THE PROPERTY.THE PROPERTY HOUSE WHICH WE ARE SELLING IS BEEN OCCUPIED BY BOTH MYBROTHERS B2 &B3.
MEAN WHILE MY FATHER HAS A LAND/PLOT IN HIS NAME WHICH HE HAS WRITTEN AS A SETTLEMENT DEED FOR ALL OF US (TWO DAUGHTERS AND THE BROTHERS ).NOW THE BROTHERS B2 &B3 IS SAYING THAT THE GIRLS SHOULD NOT BE GIVEN SHARE IN THE LAND/PLOT THEY SHOULD RETURN THEIR SHARES TO THEM (B2&B3).ONLY THEN THEY WILL SIGN IN THE REGISTRATION OF THE AGREEMENTED PROPERTY (THE PROPERTY OF MY MOTHER WHICH WE GOT LEGAL HEIR)OR ELSE THEY WONT SIGN IN THE REGISTRATION AND THEY ARE READY TO PAY THEIR ADVANCE TO THE BUYER.
THE INSPECTOR HAS AGAIN CALLED FOR AN ENQUIRY AND SAID TO US 4 (MYSELF MY FATHER MY SISTER AND BROTHE B1) TO RETURN THE ADVANCE AMOUNT .WE SAID THAT WE DONT HAVE MONEY TO SETTLE AS PER THE AGREEMENT WE ARE READY FOR THE REGISTRATION PROCESS AS WE HAVE SPENT THE MONEY FOR THE TREATMENT FOR OUR FATHER .BUT THE INSPECTOR IS FORCING US TO EITHER SETTLE THE ADVANCE AMOUNT TO BUYER OR ASKING US (MYSELF AND MY SISTER) TO RETURN THE SHARE OF OURS TO MY BROTHERS B2&B3 OR ELSE HE SAID I WILL LODGE U PPL WITH IPC 420 & 406 .HE THREATENED ME THAT IF A FIR BEEN FILED IN MY NAME I WILL LOSE MY JOB(AM A GOVERNMENT SCHOOL TEACHER).
SO WE THREE (MYSELF MY SISTER AND MY B1) APPROACHED THE HIGH COURT FOR AN ANTICIPATORY BAIL AND WE GOT INTERIN BAIL.NEXT HEARING DATE TOMORROW 4/9/2017. ON AUGUST 30 FIR HAS BEEN LODGED ON ALL 6 PERSONS(FATHER MYSELF MY SISTER BROTHERS 1.2.3.)UNDER SECTION IPC420 &IPC 406.
BEFORE 20 DAYS THE INSPECTOR AND SUB INSPECTOR OF POLICE ENQUIRED ABOUT THE CASE IN THE MOBILE (VIA CALL) I ANWERED TO THEM THAT AS PER THE AGREEMENT WE ARE READY FOR THE REGISTRATION . I HAVE THE RECORD OF THE CONVERSATION .
WHAT WE HAVE TO DO NOW
Neeraj Kumar
03 September 2017 at 22:34
Sir
I have resigned from my post and served a notice period also and as asked by colleague i have handed over everything to him..now after leaving my boss has threatened that he will take the revenge of me leaving the organisation..everyone has signed the clearance certificate but he has nit signed stating the reason that i have to handover him all these things(all these are verbal communication between HR and my boss)my boss only wrote me an email to meet him..i asked him a date and did not responded to my mail..now after 4 months also the company has not paid me my salary,pf, gratuity,leave encashment and has neither issued the relieving certificate..what should i do now..
Debojyoti
03 September 2017 at 20:17
Dear Respected members of this community,
I have a question and hopefully it's valid and hopefully I will receive some genuine answers from the senior members of this community.
I have a UAN no which is not linked to Aadhaar. I know there are some facilities I'm deprived of due to non-linking of Aadhaar. But my query is different.
Suppose the subjudice matter of mandatory Aadhaar linking decision goes in favor of GOI and Aadhaar becomes mandatory to be linked with UAN can I take a stance that I'll not link it.
Because as per Aadhar act,2016 since GOI is giving 1.16% of my basic from their consolidated fund they are supposed to ask me to link my Aadhar, but what if I don't want that money from GoI? Can I opt out of linking Aadhar? I know when I became a member of EPF automatically I became a member of EPS and Aadhar linking is mandatory for EPS. But like any other subsidy or welfare schemes in this country I should have the choice to opt in or out of it. I can claim LPG subsidy, on the other hand I can opt out of it, if I wish why can't I opt out of that 1.16% of govt money?
As per my understanding I can't opt out of it, and therefore I have to share my Aadhar, isn't it forceful submission? Shouldn't I have a choice whether I want it or not?
I'm telling again that I very well know the facilities come along with the linking, so please don't tell me about the facilities. My only concern is related to this forceful submission.
I would like to hear some genuine understandings from the senior members.
Rishi Gupta
03 September 2017 at 18:09
Dear Experts team,
We are the residents of Delhi and have problem with our neighbor regarding their illegal constructions in their open court yard which is adjacent to our balcony. We filed a Civil Suit and the judgement is in our favor. but the demolition is yet to get done fully. My neighbor and their family members are sitting in the illegally constructed court yard and throwing cigarettes in our balcony. Our balcony is covered by bamboo curtain (padutha) and can catch fire at any time. We have collected more than 30 cigarette pieces in the last 10 days itself.
Also, they shout at us and state that "you go back to your own state and this state is ours" whereas we are living in Delhi for the past 25 years. And Delhi is our home state and well settled.
Kindly help us by clarifying the following :
1. Some says Article 21 is violated and an FIR should be registered against the neighbor who is throwing the cigarettes into our balcony. Wish to know under which sections of IPC or Cr.PC such FIR can be filed?
2. Few others say that compliant to Human Rights Commission - but cautions nothing will happen on our complaints.
3. Some say file a writ petition in the High Court since we got the judgement in our favor on their illegal constructions and approach the High Court for violation of Article 21.
So, please guide us on how to go about it.
With best regards,
Rishi Gupta
Tripathi
03 September 2017 at 17:44
Dear Sirs,
Understand that the Hon'ble Delhi High Court has given a judgement wherein the police should register FIR on all the illegal constructions. Ideally, the FIR should have been filed by the Municipal Corporation of Delh (MCD).. But as we all aware, MCD favors the landsharks and property dealers and do not file the FIR.
1. Whether the affected public (neighbor who has been affected by the such illegal constructions) can file the FIR incase MCD do not file the FIR?
2. If the affected public can file such FIR, under what section/s of IPC or Cr.PC such FIR can be registered?
3. Kindly help us by giving the Judgment of the case wherein the Hon'ble Delhi High Court has given the judgement of registering the FIR on illegal constructions in Delhi?
4. Also, kindly clarify whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court appealed in the Hon'ble Supreme Court of India ?
5. And whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court was upheld by the Hon'ble Supreme Court of India.
Any inconvenience caused to the experts team is regretted.
with namaskar,
Mrs.Tripathy
Rohan
03 September 2017 at 17:38
Dear SIR/MADAM
HOW CAN I CANCEL A REGISTERED IRREVOCABLE POA?
UNDER WHICH ACT I HAVE TO REVOKE IT?
IF ANY JUDGEMENT OR ANY GOVERNMENT NOTIFICATION OF CANCELLATION OF REGISTERED IRREVOCABLE POA?
REGARDS
ROHAN KOLI
saarika
03 September 2017 at 00:18
Hi all,
Need help to do final arguement before a case filed against my husband u/s 509 of CPC. Till date my husband has defended himself before the court and current situation is as follows :
1. The complainant is my husbands real cousin sister. She filed a fraudalent and malafied complaint against my husband with help of her uncle serving as police constable in same district in 2012. This was filed intentionally to provide support to her father who is currently having kabja on property of my father-in-law which for which partition is not done and to hide illegal transactions done of selling part of property without our consent. When my husband started inquiry of the property and demanded his fathers share arguments took place. My husband has made 7-8 police complaints against compainants father from 2010 - 2012 against abusing, threatening to kill, asulting with metal pipe however nothing turned fruitful as compainants uncle is a police constable and has good relations with the local police. Hence we have filed three private cases u/s 504, 506, 323, 324 and 325 with medical evidence which are at hearing stage before same court. Apart from this we have filed a Civil Suit of Partition for which as on date we have filed our affidavit.
2. There are three witnesses examined by PP. and all are interested witnesses - Complainants father, Real aunty who has share in property, the I.O. who is close friend of complainants uncle. The panch was also examined by the PP however he clearly stated he is unware what has happened and he signed the panchanama in the police chowky as complaints father took him stating it was some road issue and took his signature. The second panch has never come to court and the evidence was closed by the PP.
3. The statements given by Complainant and her father have lots of differences moreover proper dates were not given by them during initial complaint. There after they have mentioned a date on which imagenary offence was done. On said date my husband was out of state for his work and submitted letter mentioning same and also examined his company official to prove the same. The complainants aunty during her cross has clearly mentioned the offence never happened before her and is hear and say.
4. Apart from this to prove friendly relation between the IO and the Complainants uncle my husban has submitted three chapter cases filed by IO, notice given u/s 149 to Complainants father from local PSI. The details of chapter cases were provided by local police under RTI howere my husband has submitted a letter recieved from the Tahsildar office which clearly state they have never recieved the said chapetr cases from local police. This provides an evidence that IO who investigated all matters filed by us were fraudently delt and no such chapter cases were made agsinst complainants father.
AT SAID STAGE THE CASE IS KEPT FOR FINAL ARGUMENT AND WE NEED HELP IN BELOW REGARDS;
1. To know whether court will consider the intention / motive of complainant and if yes how can we present it before the court. Or should we argue on on basis of merits
2. If possible relevant citations be sent.
3. Any suggestions which will help us to get aquited.
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