LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anu radhalll   08 May 2018 at 16:46

Court decree

Dear sir, I need better suggestion from you.
My grandfathers cultivating land since 100yrs to till now .But in revenue record phanis showing my uncle name 1954 to 1989.IN year of 1989 my father filled a case in my local court .court given a consent decree to my father.my father is plaintiff and my uncle is defendant. In that decree copy and vakalth and judgement copy defendant father name written wrongly example--really defendant father name (my uncle's father name) is mallaiah but ramaiah written wrongly in court record. Defendant (My uncle) is died in 2009yrs. defendant son's (my uncle son's)are there persent. Now defendant sons can appeal the court decree right now? Based on defendant father name written wrongly. Note -- defendant written statement missed somewhere (now I went to court,asked certificate copies)

Sanji-Paul Arvind F   08 May 2018 at 15:45

Civil - problem caused by neighbor's

Dear Sirs,

I am looking out for a better solutions for the below.

I am located in Austin Town, Bengaluru Ward 111.

We are being mentally harassed by our neighbors for almost 8 years now, by purposely letting their sanitary water toward our home walls damaging almost 10 to 15 feet of our home.
The wall is completely drenched and is smelling like a corporation toilet which is hazardous. We are living in the same house where we cook, eat and sleep. There were so many instances that my 2 children were suffering from cold and fever very often. We never knew this was the reason until recently.

Since January the water started leaking inside our home and now it is always filled with sanitary water in a corner of the room. When tried to inform the neighbor they argued saying that it is not their mistake and if needed we repair it ourselves. Also said “Go complain to whomever you want to, we know people in BBMP and support of some politicians.

We tried to inform Viveknagar police, and ASI – Ramakrishna + 2 constables visited the place and confirmed the leakage and went to the neighbor’s house to inspect, after about 10 minutes he walks out and comes into my home and re verifies and said “The leakage is not from their house, instead it is leaking from your own house. I explained him saying that we don’t have a water or sanitary line inside our house but he never listened and walked away saying “Don’t fight with them else, we will have to take you in”.

I raised a complaint with the BBMP office and the issue was assigned to EE Vijayanand Prasanna who sent 2 of his sub ordinates to check, they confirmed saying it is the mistake of the neighbors. They even suggested to come down to the office and talk to the senior officials. I went to Public Utility Building and met AEE Ganesh, he said it is not their departments work and to consult BWSSB. I went to the BWSSB ward office in Johnson Market and wrote down my complaint in a notebook as the EE Rangaiah was not in office. Next day I called him and spoke to him and sent images through whatsapp, he said he will come down and check himself and later in the evening said he is busy and sent his driver. The driver checked and even he confirmed that the leakage if from neighboring house however they cannot do act upon it and to consult BBMP office.

After a tough time talking to the BBMP AE, somehow convinced him to visit the house by sending images through whatsApp. He checked for the leakage and wanted to talk to the home owner and visited my neighbor. Again he went inside their home, after 10 minutes he comes outside and starts shouting at my family members saying that he inspected and he found that the leakage is not from their house, it is leaking from the ground and he cannot do anything about it and walked out of the house never to return.

We went a gave a written complaint with the Joint Commissioner responsible for our ward, they said the will act in 3 days and it’s been months now. Don’t know when the house will collapse on us.

Finally we had to approach the Lok Yukta office and file a complaint against the BBMP EE and AEE along with BWSSB EE. They said they can take action against the government officials who don’t do their job but cannot help in solving the issue.

Once the water leakage was too much, I thought will approach media and went and met an executive from TV 9, Shantinagar office. After listening to my grievances and watched the video he says he cannot help me as no one will watch sanitary leakage in TV.

Recently went and spoke to the Sub Inspector for Viveknagar Police Station, even he says this is Civil issue and he cannot help us un any ways.

I even complained to the ward councillor’s office, the assistant just spoke to the EE to take care after which he said not to disturb him as it not his job. Later went and complained to the MLA, and he suggested AEE Ganesh to look into the matter but he never showed up.

These people have destroyed our house completely. Everyone who comes to the house, takes money from them (neighbor) and vanishes. I pay property tax, Income Tax and all Utility bills, still I don’t get any justification from the concerned departments as no one is taking any action against them?

Every day we go inside our house which stinks to the core, we are forced to eat and sleep there with 2 kids.


Best,
Sanji-Paul Arvind

Pushpa   08 May 2018 at 15:16

Petition /sec. 482 of crpc for the offence u/sec.304a of ipc

Mr. Wintson Brown has been appointed as Ambassador to UK in India and assumed charge in India. He wanted to visit some important places in India, hence he decided to tour in North India in his individual capacity not as holding the post of Ambassador. Accordingly Mr. Winsten Brown took a car belonging to Mr. Kuldeep Yadav at Samitripur, Bihar so as to visit some historical places in Bihar. Mr. Wintson Brown accordingly engaging any person to drive the car himself started driving the car. Mr. Wintson Brown, while driving the car rashly and negligently dashed against a child aged about 8 years. The child was crossing the road innocently. In the said accident, the child died on the spot.
On seeing the scene Mr. Gurudev a Police constable, who was on duty at the spot arrested the driver of the car and registered the crime 222/18 against both driver and the owner(i.e Mr. Kuldeep Yadav) and submitted Fir to the jurisdiction Police station for the offence punishable U/sec. 304A of IPC. Later both were released on bail by the Police.
Being aggrieved by the same, both Mr. Wintson Brown and Mr. Kuldeep Yadav have preferred the criminal petition separately before the Hon’ble High Court of Bihar U/sec. 482 of Cr.P.C against the state.
Mr. Wintson Brown challenged the FIR in Criminal Petition No. 248/18 on the ground that he being the Ambassador to U.K. in India, is protected from Law and there is immunity, hence the registration of crime in No. 222/18 is illegal and the same is liable to be set aside. On the other hand, the state of Bihar justified the action on the ground that he committed the alleged offence in his individual capacity.
Mr. Kuldeep Yadav also challenged the FIR in Criminal petition No. 223/18 on the ground that he is not criminally liable to be punished for the offences punishable U/sec. 304A of IPC as he has not committed the alleged offences. The state objected that he being the owner of the Car, is liable for criminal action.

Hinaben   08 May 2018 at 14:10

Arrears of maintenance

Sir I have filed maintenance case against my husband in 2014 and in February 2018 order passed by chief judicial magistrate of rupees 5000 p.m. then next day I applied for arrears of maintenance of 45 months round about 230000 and notice was served to my husband. My husband is government servant with salary about 30000. Now he intentionally trying to delay recovery by submitting RS 5000 on third date of CrPC 125(3). And on the other hand the regular maintenance amount of Rs 5000 p.m. is getting pending. So what I should do to get arrears of recovery as early as possible and to get my monthly maintenance amount within time. My husband says he is financially weak. He doesn't have any responsibility other than me and in maintenance order it has been agreed by magistrate. So please guide me in this situation. And I want to know how much time my husband can get from court to pay me arrears of maintenance as he is well earnings government employee

minaxi   08 May 2018 at 13:31

Home selling right

Gm sir.
I am pesuing law..llb student.i have a query about property right
My dad has made his property will.
After frst wifes death he married with my mom.
Dad has a son and daughter by his frst marriage.
We are 3 sister of his second marriage.
All the childern from the fsrt marriage are well settled and there is a huge age difference between them and us.
My dad fulfilled all the formalities of their study and marriage.
But after marriage they started ignorance to my dady.
We all 3 sister very young to understand this all.
As my dad gets older and becomes seek oftenly he made will.
In his well he mention that i declare that my all the property will be on my wifes name after my death.
I remove them all from my property.
Now there are approx 5 yrs of death of my father.
They all demanding their portion from the property.
My mom wants to sell the house.
So pls tell me are they all liable for rupees which are collected from ghe sell of house.

Member (Account Deleted)   08 May 2018 at 13:16

Procedure for surrender of cast certificate

I want to surrender my cast certificate because we don't belong to any of those classes. Without any knowledge & consultation my father applied for cast certificate. Now we have cast certificate but what i have found that we don't belong to any of those classes. I explain to my father that their is some kind of mistake we don't belong to those classes but he didn't listen to me. so can you tell me the procedure for how to surrender the cast certificate.

Ankit   08 May 2018 at 13:08

Calculation of Leave Encashment in case of CRS from bank

Dear Sir
I was Compulsory retired from Union Bank of India. I was working as Manager.
my question is :�

Suppose, an employee was suspended on 20th feb 2008 and got compulsory retirement on 10.08.2010. Now, in calculation of his leave encashment, DA at what rate will be taken into account, rate prevailing as on 20.02.08, ie on the date of suspension or as on 10-08-2010 ie the date of getting the CRS?

And which salary will be taken into consideration for leave encashment, salary on the date of crs or salary at the time of suspension?
Some person has told me that presumptive pay and d.a is taken for calculation but i need expert advice so please guide.

Thanking you in anticipation

Sathya   08 May 2018 at 12:39

Inter caste marriage

Hello
As am AADI THIRAVIDAR (SC) my husband belongs to MUDALIYAR (MBC). yet we didn't register our marriage... How to get inter caste marriage certificate. One of my friend got govt job with intercaste marriage certificate. Is it possible... If yes kindly give details regarding that.

Rucha Pawar   08 May 2018 at 11:16

Flood zone property valuation


Dear Sir,
If the property is situated in the flood zone , and the same is acquired by the govt for public project, in that case can the valuation of the property be deducted by 50% .as it is in the flood zone if so then is there any Govt.directions or case laws for the same..

2. once the award is declared by the Collector in the land acquisition case , will it be revised in any situation..

Indu   08 May 2018 at 10:51

Dhara 377

How a girl can launch this dhara 377,
As now, girls are misusing this, ,Is evidence is required for this or not. Or by a simple complaint a girl can file the case under this section??
And how to overcome with this problem??
If evidence is required. Than what evidences are required, if a wife is staying apart from her husband for almost 4 months , is she can file the case under this section??