Muneeswaran K
01 August 2010 at 10:57
My father expired in February 2005 leaving behind his wife, two sons and three daughters. The properties he left was ancestral. Before his death he had written 1/3 of the property to his sons. Two sons claimed that they have an unregistered WILL written by our father. Inspite of our repeated requests they did not show the WILLto us. My brothers have divided the property among themselves with the help of local Revenue officials and corporation officials. (as per the statements given by our brothers)
We, the three sisters have filed a suit in Tuticorin District Civil Court, Tamilnadu in the year 2006 and the case is yet to be taken up. In the meantime our mother expired in July 2008. We have sent letters to the concerned Corporation and Revenue Officials asking the details of the official orders under which our brothers had got the properties divided and enjoying under RTI. We received replies stating that the division was made as per the Taluk officials order and they do not have any letter or order copy to give to us. We appealed to the higher authorities and the reply is awaited.
If we do not get proper reply nor get any copies of orders/correspondences what should we do?
Can we file criminal case against our brothers and the Government officials?
Amarjothi Muneeswaran
Rajan Jha
01 August 2010 at 10:42
My mother owns a flat in Mumbai. Hers is the 1st name in share certificate. Agreement with builder was singly in her name. However, in the share certificate she got my fathers name in 2nd place. My father was Chairman of that society.
Recently father died while mother is alive and healthy. She wants to sell the property. Now my sister is claiming share of property stating that as associate member's daughter she has succession right and the property cannot be sold till her share is decided and given.
According to the expert Adv S.Subramanian the legal position is that mother is sole owner of the property. the name of father in the share certificate cannot clothe him with any right over the property therefore sister's claim is not legal.
Sirs, I will be grateful if you can please quote a High Court judgment supporting that name in share certificate cannot clothe associate member with ownership right over the property. Thanks.
Anonymous
01 August 2010 at 10:29
Please suggest a good citation upon "Prosecution cannot be permitted to fill up lacuna in its case at evidence or at later stage."
Anonymous
01 August 2010 at 10:28
Please suggest a good citation upon "Prosecution cannot be permitted to fill up lacuna in the prosecution evidence or at later stage."
Anonymous
31 July 2010 at 23:38
MY QUESTION IS WHETHER THE J.M.F.C. IS NOT BOUND TO TAKE COGNIZANCE OF A PERSON MAKING COMPLAINT AGAINST THE TRUSTEES WHOSE NAMES ARE AS ON DATE APPEARING IN SCHEDULE-1 OF BOMBAY PUBLIC TRUST ACT, 1950 UNDER VARIOUS SECTIONS OF IPC, UNDER THE PRETEXT OR CLAIMING TO BE TREASURER OF THE TRUST. THE CHANGE REPORT IS PENDING AND THE ABOVE SAID TRUSTEES ARE CONTESTING THE MATTER AS OBJECTORS. WHETHER J.M.F.C OR THE JUDGE OF SEASONS COURT DO NOT HAVE POWER TO SEND THE DE FACTO COMPLAINANT TO JAIL. THE JUDGE ALSO ASKED THE DE FACTO COMPLAINANT TO SHOW THE DOCUMENTS TO ESTAABLISH HIS BONAFIDE AS THE TREASURER. THE DE FACTO COMPLAINANT DID NOT PRODUCE.
FURTHER THE HON'BLE JUSTICE OF BOMBAY HIGH COURT ALSO QUESTIONED THE RESPONDENTS ADVOCATE ABOUT THE STATUS OF THE ORIGINAL COMPLAINANT. FURTHER DIRECTED THE PETITIONERS ADVOCATE TO MAKE THE ORIGINAL COMPLAINANT AS PARTY TO THE PETITION AND AMEND THE PETITION TO THAT EFFECT. THE SAID DIRECTIONS WERE PERFORMED, THEREAFTER THE RULE IS MADE ABSOLUTE IN FAVOUR OF PETITIONER. NO LEGAL ACTION OR COGNIZNCE IS TKEN BY THE COURTS.
WHAT IS THE REMEDY?
Anonymous
31 July 2010 at 22:53
Ld counsels,
Under order VI rule 16 of CPC it is possible to strike out the pleadings if found vexatious and causes prejudice.
This partly gives power to the civil court to reject a case pertaining to the pleadings that can be struck out.
In a case for annument of marriage under section 12(1c) of hindu marriage act the petitioner is pleading that the respodent is forced into marriage. such pleadings is expressly denied and barred under the section 12(1c) where only the peitioner before the court or his/her gaurdian can alone plead that his/her consent was obtained by force.
Is it possible for the court to scrike out the pleading from the petition.
Anonymous
31 July 2010 at 22:27
i want to become public prosecutor, which book help me , kindly give suggestion .
Anonymous
31 July 2010 at 20:03
On failure to extract additional dowry, husband subjected wife to all kinds of violence after Hindu wedding and also harassed her parents who were not yielding to his illegal pressure till he got dumped by wife 7-months after wedding.
His vindictive attitude made him blind to such an extent that he deprived her of proper medical and health care and even
locked her and deprived her of food.After few months she was diagnosed and required emergency abortion. This was the result of cruelties inflicted upon her. Wife could not tolerate and expressed her desire to leave marital home.Husband became wild and punched her and dragged her by
hair and pushed her out of house. He even threatened her of divorce and warned not to come back or send parents, else to
face dire consequences.
She came back to parents' home and got her legal abortion done.Husband, instead of meeting her for reconciliation,filed false criminal complaint that she left his
house after stealing her own valuables.
She received an ordinary letter from police after 3-months to report and say
her side. She even received legal notices as ordinary letters from husband with charge of leaving her marital home with
valuables and charged her of cruelty of deserting and doing her abortion without husband's consent.
The reality was she came only with her purse, leaving behind her all valuables
Stridhan and household gifts.Even husband snatched the ornaments she was wearing including her Mangalsutra.
His aforesaid legal terror was shocking to wife and parents and so decided to dump such inhuman and cruel creature forever.
Eight years have passed without any contact or communication between the two sides.After about 1-year postman did came 2-3 times with regd. notices in her marital name.Wife did not have identity with such name so postman did not deliver, instead every time handed to her intimation slip, mentioning 'NOT FOUND'. Even once bailiff came and did
not deliver court letter on the same ground,but he did not give her any intimation slip.All these acts were only making her more painful.So she did not react as usual.
Eight years have passed without any contact or communication between the two sides. Now wife wants to
become legally free from the clutches of husband and wants to clean up the criminal charges leveled against her by husband eight years back. She does not want to claim any maintenance nor claim the valuables she left, but wants to pull
husband to court to prove the criminal charges which he leveled against her. She is also not interested to charge him
with domestic violence but would require to mention the same in defense of her desertion as charged by husband.She
even not bothered if husband comes to court as she is ready to take ex-parte divorce. Finally, she would not bother
whether husband is alive.
Please advise.
Anonymous
31 July 2010 at 19:52
My office room was broken in and goods worth Rs.80000/- were stolen by the members of the managing committee in January 02. Police deliberately delayed registration of FIR and it took me almost two years to get the FIR registered on 17/12/2003. Investigating officer did not hand over the possession of the room to me saying that I will have to get it through court. The filing of charge sheet was delayed further due to corrupt IO and the case was registered in MMs Court only in 2005. IO did not lodge the keys to the room and there is no mention of retaining of the possession of room and the keys in the MM’s Court.
In spite of having made two applications the MM did not take any interest saying he is not interested. I made a third application after consulting Ex. Justice DR Dhanuka who opined that the police / court had no authority to with hold possession of room after registration of FIR on my complained even if a civil dispute is pending in City Civil Court (I was made a party in this suit of 1998 about illegal rooms occupied by others, to pressurize me to withdraw FIR by way of Chamber Summon in spite of my having opposed this in the court). Even this 3rd application was turned down by the MM who was hand in glove with lawyers of accused persons.
I there fore moved Sessions Court and the Judge accepted my plea and asked the police to hand over room to me. As on date I have the possession of room and the civil suit is also dismissed in the City Civil Court. I lodged a complaint against the MM with High Court and I do not know if any action was taken on it. However a new MM has taken over and he is aware of my complaint against the previous MM and therefore highly biased.
In December 2009 one of the four accused person died and his death certificate was produced in the court. MM asked me as to if I know any thing in the matter to which I said that being a civilian I can not verify the facts about the dead accused person.
The MM then ordered to issue a Warrant and asked police to submit their report which is not yet submitted and on 30/7/10 MM again asked for issuing the Warrant in the matter and on my query retorted that even if takes 5 yrs. He can not proceed with the trial.
I feel matter is deliberately being delayed to harass me as I am 65 yrs. of age and have to fore go my salary due to frequent leaves for attending the court.
In view of this I have following queries for the experts to help me in the matter:
1) How can I make police to submit the report?
2) Can there be more than 1 Warrant as I feel the MM may not have issued any Warrant till last date i.e. 30/7/10 and just killing time.
3) Pl. suggest name of appropriate authority to lodge a complaint as at this rate and the way MM behaves he will dismiss the case due to arrangements with advocate of accused person.
4) The PP in the matter does not take any interest so whom do I approach for such attitude?
5) Will the Govt. appeal if the case is dismissed due to lacuna in laws? If no then what do I do?
Pl. spare your valued time and help.
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difference between tort and crime
Dear sir,
please explain me the difference between tort and crime with some illustrations and important cases.
Thanks,
Anisha Nema