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Anonymous   23 April 2010 at 10:08

Xerox copy of FIR obtained illegally

In a criminal case xerox copy of the FIR filed in a court was obtained unlawfully bearing the initial and seal of the magistrate with date. One govt. department without filing copy application obtained it, attested as true copy with sign and seal of office not having certified copy with it, which is an offense under IPC 107,120(A), 420, 468, etc. Several complaints were sent to the concerned court and high court, asked information under RTI Act, but all became futile. On petition was given to the District Judge in open court on 30 April, 2009, no action was taken. Information regarding action taken was asked under RTI Act but no reply was received.

Is there any means for action including private complaint against the govt. officer who signed and issued attested true copy with his official designation and who has no power and jurisdiction to do so?

Anonymous   23 April 2010 at 09:02

About compulsory primary education.

Respected experts,
I want to know whether or not the two subsections are not contrary to each other in "The right of children to free and compulsory education Act, 2009, under section 14. The first sub.sec says, the age will be determined by the birth certificate for the purpose of admission. The second subsection says no child will be denied admission for the lack of age proof. please clarify this ambiguity.

Anonymous   23 April 2010 at 07:42

Ancestral property in a Hindu family

I am still confused about the status of mother as legal heir in the ancestral property after the death of father particularly when father had already sold his share in the ancestral property before his death. Please clarify.

Harisha Agrawal   23 April 2010 at 02:28

Family Partition - Property

My father has 2 younger brothers(with whom my grandmothers lives) and 1 elder brother.

Elder bother lives alone & seperately.

We(my father & his2younger brothers) live with in one building. Ground floor is for office & shop. 1st floor is occupied by two uncle with my grandma. We live in 2nd floor.

We have another ancestral property also.

these two properties are in the name of my grandfather who had expired.

we have nothing except 2nd floor.



uncles are not ready for settlement and my father's sisters are also not with our side.



so please suggest us how should we proceed to get right over the property or share of the property?

Member (Account Deleted)   23 April 2010 at 01:05

application of res judicata

sir, recently i filed an O.A. before CAT for my reinstatement in contractual services as my fundamental right to equality under art. 14 since all my juniors are retained
earlier also i filed a petition before high court on ground of harassment and no issue of discrimination was settled by high court and it was dismissed in limine speaking that there is no legal right vested in such employee to compel employer to continue him.
no issue of violation of article 14 was claimed/raised nor it was settled or decided
now as per my intusion the CAT is going to apply principles of res judicata in the present O.A. after severe agitation by respondent, while the present reinstatement is sought from a different period and right to equality is claimed as a recurrent greivance each time juniors are extended.hence cause of action is entirely different.
what can I do if CAT decides it against me although i have filed my protest and citations in favour. is it possible to apply res judicata against exercise of fundamental rights without going into merits of case, while CAT follows principles of natural justice and not CPC
sir is there any guarantee of fundamental rights if they are proved to be infringed and if no finding was given by court in earlier petition?

Debashis Mandal   23 April 2010 at 00:23

Scarching of a Property

Respected Experts,
For Scarching of any Property How much time may be needed?
Thanks
Debashis

SPRakesh SP   23 April 2010 at 00:07

Court decree on our House

Hello,

I am Prashanth and I am a resident of Bangalore. This post is about a court decree granted against our house.

My dad had taken an advance of around Rs.110,000/- ELEVEN years ago in 1999 to lease out our house to a person. Due to some inevitable reasons we could not lease the house to the person. Hence we had to return back his advance. However, due to financial problems we could only refund Rs.55,000/- to this person.Hence we had to still pay him Rs.45,000 which we haven't paid him back yet.

Now, after 11 long years this person turns up and asks for the balance Rs 45,000 and the interest totally amounting to Rs.1,80,000. He also says that he has a decree on my house and can evacuate us at any moment if we donot pay him the amount he claims. I am not in the position to pay him any amount. Moreover, my father died 3 years ago in 2006. Also the house that i'm talking about has come to us by heredity from my grandfather.

All the agreements have been made between my father and this person. Neither me nor my mother are part of any agreements. Also, I was just 12 years old when this happened in 1999. Also the decree which he is holding might be very old, like 7 years old at least.

So my question now is: Does the court decree on my house hold any value now on my house or me or my mother?? Should we really respect the decree ?? Can this guy get us vacated from our own house for no mistake of mine or my mothers' ??

Please answer this query at the earliest as I need to speak with this person very soon. I will be thankful if u can help me out of this:)

Anonymous   22 April 2010 at 23:43

Divorce in NSW

one of the married couple of India living in NSW (Australia) filed the divorce case in NSW against the wife.
Wife did not appear in the court but fill up the performa send by their solicitor and Court has now grant the divorce but final decision will be done in the first week of may 2010.
Now attorney of the husband has send one letter wherein it has been mention that they want to settle the property settlement so that property settlement proceedings may be finalized.
Girls parents have spend a lot on the marriage and boy harassed the girl time and again and around 70k dollars have been spend and transferred to the account of husband by the wife side and spend on marriage with proof.
Will you plz guide me about the proceedings of settlement and other proceedings regarding recover of money through which we may get our money back from the husband.
Regards
uniquefriend01@yahoo.com

P.C. Joshi   22 April 2010 at 23:16

Specimen agreement

friends,
i have to draft an agrement for my co. under which the company wants to appoint an super stockist who will buy substantial qty of goods and shall appoint further dealers at a price decided by the company. He will pay for goods to the company and will get commission of certain %. Can it be called an agency agreement or super stockist agreement or it is a simle sale purchase arrangements. What will be the sales tax implications.

can anyone provide me some clue where I can have a specimen format of this agreement.

regards

P.c. joshi

Anonymous   22 April 2010 at 22:57

Mail Id of CJI & Law Ministry

Lnd, members can any one provide me the complete address with mail ID of CHief Justice Of supreme Court and Law ministry. I have to write about the lapse/anomaly present regardg. law due to which land related litigation is growing.
Thanks