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sunil   30 September 2021 at 19:56

Recording statement u/s161crpc & notice u/s 41a crpc

Respected Panelist,
Can defacto complainant take plea of shoddy investigation and asking for further investigation / private complaint in a situation as under:
Fact of Case in hand:
(a) IO has recorded statement of named accused after 400 days of registration of FIR before final report was forwarded to Magistrate after 600 days?
(b) IO issued notice u/s 41-A CrPC to some of the named accused after 400 days of registration of FIR when Apex court has mandated that notice u/s 41A CrPC should be issued within 15 days which can be extended on the orders of SP upon commencing of Investigation.

Query
(1) Is there any guideline on time-table (within days/weeks) to record statement of named accused u/s 161 CrPC upon commencing of investigation?
(2) What would be termed as un-reasonable delay in recording statement u/s 161 CrPC?
(3) Is this a fit case for further investigation / private complaint when notice u/s 41A CrPC was issued after 400 days of FIR registration?

Looking forward for your valuable guidance.

Thanks

shyam lal   30 September 2021 at 08:49

Sale of share in property

Kindly advice. .
There is a registered WILL pertaining to the residential immovable property .

Where in it mentions the property has to be equally shared 1/3 each
among the three siblings.

There is no mention of metes and bounds in respect to division /equal sharing.

Hence by self demarcating his 1/3 equal share one of the share holder
sells his share to a third party.

Query ..is this sale Legally valid?

srj7566#   26 September 2021 at 17:12

Govt job with regular course (b.e.)

Hello sir I am Railway employee working since 2014 , I have completed my BTech regular without intimating my employer . My enrollment in BTech was in 2013 and completes in 2017 along with the railway service. I know sir this is illegal but sir I am Traped in this situation please sir take me out . I am very helpless and very worried.
1.how would I utilise this degree in other government job .
2.what action will be taken against me if I join another government , if employer knows my previous misconduct.

Ravichandra   23 September 2021 at 21:43

Regarding court fees, stamp duty fees etc paid in court

Hi Sir,

I have filed a case on a person who vows money to me but didn't gave. Promissory note case. Money recovery Act. Now that person is asking for compromise in lok adaalat.

I have spent money for some court challans, stamp duty etc at the time of filing the case. Now that we are getting compromised can I get that money from court? If so wats the procedure?

Means , what I want to ask is, amount which I have spent in initial stages for stamp duty, some challans etc Can I get them back if we settle the case in lok adaalat ? Please answer.

Ashok B.   23 September 2021 at 12:29

Hindu succession laws

A (Grandfather) acquired a land in 1940 on perpetual lease basis at his native place in Rajasthan and constructed a house on it, herein after referred to as the “said Property”. A spouse was B (Grandmother).

A (Grandfather) and B (Grandmother) died intestate in the year 1982, after coming into force Hindu Succession Act, 1956, and 2001 respectively , after coming into force Hindu Succession Act, 1956, leaving behind his only heir son C (Father) under the Hindu Succession Law governing them. C (Father) was married to D (Mother) and they had 5 children E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson).

C (Father) and D (Mother) made a joint will in the year 2009. Under the Will the said property and other properties and assets were to be given to survivor of them (ie vice versa) and after the death of both the said Property will be given to I (Grandson) only. C (Father) died in 2011 and D (Mother) died in 2021 leaving behind E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson) as their heirs.

Now question arises whether the said Property will now go to I (Grandson) as per will of C or will be equally divided between E, F, G, H and I (All Grandchildren) as an ancestral property (HUF)?



Anonymous   22 September 2021 at 15:45

Admissibility of whatsapp screenshot as an evidence

Good Morning sir,

I have a query regarding Admissibility of WhatsApp screenshot in court of law in India.

If someone has deleted his part of communication in WhatsApp chat and then taken his screenshot, Will that screenshot be admissible in court of law?

In my case the opposite party has deleted his messages and took screenshot. My problem is that even I have deleted the chat. Pls share your legal and technical opinion.

Thanks

Anonymous   22 September 2021 at 15:16

Divorce case

hi, i has been more than 1.5 since marriage and my wife did not let me touch her, i filled divorce under sec 13 first, and have call recording of me talking to her parent and explaining them the issue and with her where she is admitting that she had made a mistake.i should give her last chance although i had given many last chance l, now they had filled diff cases against me and my family like 498a, 323, 406, 34 and separate case of domestic violence under sec 12 and 23 after 6 month when she left our house. can u suggest me the best way to tackle this situation

GOVINDAN RAMAMURTHY   22 September 2021 at 08:41

Eligibility to contest election soon after flat purchase

In a Thane Co-operative Housing Society, a couple had purchase a flat in September 2021, in which wife name first and husband name stands second in the Agreement. Their names have been transferred in the Share Certificate. Husband wanted to apply for Associate Member and he wanted to contest the forthcoming election to be conducted by Housing Society having members less than 250. Can he contest the election now or he has to wait till their names approved in next year AGM. Please kindly advise.

Anonymous   21 September 2021 at 20:44

Query

Respected sir / madam,

Bought a land recently from BC caste i am also BC.

History of the land:
---------------------
ST or MBC has sold the land to BC (two brothers bought as partner) in 1992 (as per EC from1975 no track of how ST/MBC got the land) only track is ST/MBC took loan in 1991 from Co-operative bank by doing an MOD.

In 2001 the patta got transfered to BC brothers name though they bought the land in 1992


Later one of the brother has died, post that family problem started between both and case filed in court to divide all the assets brothers earned together in that this is also one of the asset .

In 2019 district court has issued judgement of spliting the assets in which this asset also got divided for both.

With that i have bought this land from one of the brother who is alive.

Now local village people saying it's condition patta how do i validate this before apply for patta transfer?

will the court judgement or existing patta transfer to BC help on this if it's condition patta?

how to make as ayan patta if needed?

sasikumar   21 September 2021 at 13:15

Case law for against rule 36 of gst

Dear Experts,

I am requesting Please share there is any judgement order against the rule 36 of GST.