Kishor
06 March 2017 at 10:04
For issuing Title Clearance Report in respect of a residential unit situated within Municipal boundary, which documents/papers should be seen ?
Tripathi
06 March 2017 at 07:14
Dear Sirs,
My husband is falsely implicated in a case under sections of 354 (c), 354 (d),506, 509 by our neighbor.
The case was filed since we were fighting an illegal construction and got the Lok Adalat decree awarded in our favor.
Though FIR is registered in July 2015, the IO did not file the charge sheet even after 18 months. We filed the status report with the court and IO promised to file the charge sheet.
The municipal authorities did not demolished the illegal structures and we field the execution petition.
Now, the neighbor is threatening us of filing more serious charges against my husband and he has connection with the local police. He pressurizes us to withdraw the execution petition.
1. We were informed that mere statement of the complainant is sufficient as evidence for prosecuting the accused in the case booked under section 354 (c), 354 (d), 506, & 509 of CrPC. Is it correct?
2. What we can do to avoid the future complaint of false charges?
3. Is there any limitation period in filing the charge sheets by IO? Some say 3 years and some say no limitation. Please advise.
4. Some say file a Writ petition to the HC ? And some say file a Discharge petition seeking discharge in the local court. And we are confused.
With namaskar
Mrs.Tripathy
S.D. Singh
06 March 2017 at 05:44
We deposited 50% amount with builder under buy back scheme. As per agreement, at the option of buyer, builder shall return the money after 2 years and till then, he will pay monthly interest of 1% p.m. For which he provided PDC for monthly interest as well as for principal amount . It was also a condition that if any cheque dishonours, besides civil and criminal proceedings, builder will allot the unit at 50% of agreed price. Now his 3 cheques for interest and also principal amount bounced with reason, payment stopped by drawer. What remedies are available to us. Can besides filing 138 case, we may file civil recovery case, consumer case, FIR, civil case for allotment of unit at 50% of agreed Price. Further whether by filing 138 case for principal amount we shall loose our rights over allotted property.
S.D. Singh
06 March 2017 at 05:15
A Pvt Ltd company converted into LLP on 01.03.16. Company's all annual returns filed up to FY 2014.15. The LLP filed it's annual returns for the period from 01.03.16 to 31.03.16. Now wether Company is required to file annual returns for the period from 01.04.15 to 29.02.16.
Anonymous
06 March 2017 at 01:06
Sir my question is...suppose A is owner of property and sell his property to B. Only bayana done not registry. Now B don't want this property and want to sale further it to another party C. So can party C done bayana on bayana with party B. Owner party has no objection in it...query is that can B do this bcoz he is not orignal owner. Is that possible to do Bayana on bayana ?
Tejas
06 March 2017 at 00:22
Experts, Please advise– Family Court FC- Recovery / Execution proceedings-CRPC-125. Wife files CRPC 125 in Family Court in the STATE of A (FCA), where none of the parties Resided for 19 years - by showing C/O address & that property does not exist even. Along with petition itself she filed documents to show that (i) She resides in City B in another STATE of B i.e. live & License of flat along with Electricity Bills of past 1 year confirming actual physical residence & working as Doctor in City B. He had Objected Jurisdiction in W.S., but still assumed Jurisdiction.
HC rejected Husband’s Revision of CRPC 125 Decree filed on 5 grounds (No Jurisdiction, Fraud, Desertion, working etc) . Then he filed Objection [ S-47, S-21 (3) CPC] in Execution Proceedings in FC on 2 grounds – Decree obtained by Fraud & Collusion from Court having No Jurisdiction is Null & void- cannot be executed. Can challenge any time in any court. Every court even lowest court is competent to cancel the decree. Principles of Res-judicata not applicable for Fraud & lack of Jurisdiction. Gave many SC Case Citations.
FC rejected my objection stating that -(i) This is criminal Execution - court’s job is only recovery and objections under Execution Rules of CPC not applicable- since this is Not Civil Execution (ii) Since High Court rejected your Revision Petition – U cannot question the Jurisdiction & fraud again (iii) You may file cancellation of decree U/s-127(2). [ I did not file U/S-127, since when Decree Does not Exist, No Question of filing Change of Circumstances. If I file, then it amounts that I admit that Decree is Not Null & void].
ïƒ Since spouses divorced by Mutual consent & one of the term of consent is -husband to pay maintenance till 9-9-16. Earlier he paid some amount. Now the balance is about 30K, which he can pay & forget. But if he wants to challenge (since this case has made a dangerous precedence) what R the options. Pls advise
1)Whether Husband was Right in objecting execution on grounds stated above?
2)Whether FC was right in rejecting the objections on reasons stated above?
3)Can He go to HC again against the Order Passed in Recovery Proceedings? If yes (a) Civil or Criminal Appeal ? or (b) Criminal Revision ? Time Limit ? (c ) Writ U/A-226, 227 ?
4) Since None of the parties Resided in that state past 19 years, not even today, can He file in the state where parties actually Reside ?
I can give full details also if required
aksharma
06 March 2017 at 00:15
Loan taken from employer before a few year by husband for cooperative society house and loan EMI from employer still continue and flat,s original share certificates deposited to employer. Should husband add his wife name in home Registry document while cooperative house society has no objection to add wife name in registry document.
Ash
06 March 2017 at 00:12
I am married for last 8 years. My husband is a doctor and I am a trainer. My husband is from a rural family with his parents in the village. I meet him through a common friend and we started to date each other.His parents never liked the relationship.we went ahead to marry with our own earnings. Exactly after the 3rd day of our marriage, he went and told my mom that he did not want to continue this relation. After that, he has been rude and fighting. I thought that as time goes on things would change. meanwhile, there was a lady who proposed him who was working with him. It was two years that we kept trying to make our relation. I meet with an accident and he left me after the surgery and did not meet me for 2 months. then he asked for forgiveness and continued the relation. Later when I was carrying for my son he again fought and left me. During the same time the lady called me and stated that I was the one who was intervening in their relation. When i asked him he said there was nothing b/w them. My son was born and time passed by. When my son was 2 years we left to a differnt state. he did not want me to come over there. i still took a transfer and went to stay with him. all the time he kept in contact with this lady. My son is 5 years old now. he hardly spends time with me or my son. he sometimes taunts at me and does not bother what my son does. He is always on the phone or watches tv. He does not speak and keeps on commenting. There was an instance where he told his mom that I did not provide him food and do not take care of him, which I overhead. He continuously abuses me time and again. I have several times landed to the lawyer for divorce, but did not find the courage to apply may be for my son. I am currently not working. I don't know what to do. My son likes him, but now I fear that if I keep fighting with him them my son will suffer. Planning to see a counselor but not sure whether he will join me.Please suggest
Mariappan
05 March 2017 at 23:10
My father working in one textile shop in Tamil Nadu kovilpatti,since 12years he's getting only 11000 rs salary and also sometimes he's working full night and next day also working for only, 30rs he's working very hard but they do not increase the salary plase suggess some point to take action on shop md
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Consumer court
Hi! I purchased some groceries, spices and dry fruits from a store in Dehradun a few months back which were not found to be fit for human consumption. I have also filed a case with the consumer court. Is there a provision in the act under which the Court can examine and issue a certificate describing the actual condition of the items and take the same in its custody, since the items are nearing expiry and the case might continue for a long time.
Please help !
Thanks