sreeram
31 March 2016 at 19:49
Hi Sir,
We are two brothers and we have two portions building. we have constructed building in 2009 with taking 10L loan from a bank.
the property is in my brothers name (to get loan) and now he is refusing to give my part, and he is not repaying loan from past 3 years (2012 on words). now the bank people came and asking to repay or they will go to auction.
while dividing our propertys we wrote one mutual 100rs stamp paper agreement to register property my name and the validity he putted 31-12-2012 but he didn't, again we met with a set of people and made agreement in white paper with witnesses.now he is in abroad and he not replying me and bank people.
Questions:
1) what all are the possibilities i can get my 1/2 portion in the house?
2 ) how to stop the bank auction?
3) is the white paper or 100rs stamp paper will work to get my part of property?
4) if auction held after deduction of loan amount the remaining amount will go to whom?
5) can my mother can do any thing to prevent auction or fight for share?
Thanks in advance.
Thanks & Regards,
Sreeram.
Pradeep
31 March 2016 at 19:33
Respected Sir,
Can husband give evidence in place of his wife in property related cases where civil case is filed against his wife.
pooja
31 March 2016 at 19:02
Meri shadi ko abhi 1saal bhi nhi hua h or hum dono k bich me itni problem a gyi hai vo mujhe har choti bat par marte h mujhe Jaan se maarne ki dhamki dete h ya vo khud apne apko Jaan se Marne ki dhamki dete h or kai bar unhone mera gala dbane ki koshish bhi ki hai or kabhi hum dono ke bich sab normal ho jata h mujhe samjh nhi ata me kya kru
Plz mjhe kuch suggestion dijiye mujhe kya krna chahiye
Rakesh
31 March 2016 at 18:25
Planning to start a eCommerce website where everyone can post to rent any of there personal products like cars,cameras,books,charging lights and everything no limitations anything can be posted for rent directly to the end users, end users who need the products for rent can directly get in touch with the owner and continue the deal, payment is also directly to the owner and end user
Please suggest if there would laws that we shouldn't go with this sort of website?
Rajesh Tandon
31 March 2016 at 17:46
An article on CRIMINAL MISCONDUCT U/S 13(1)(d) OF PREVENTION OF CORRUPTION ACT 1988 was posted on the lawyer club of India in the year 2009 by Mr AEJAZ AHMED.
2. In this article following was brought out :-
The Supreme Court in the case of Union of India Vs. K.K.Dawan AIR 1993 SC 1478 has mentioned the circumstances under which an inference can be drawn for initiating prosecution for the offences under Clause (iii) of Sec. 13(1)(d) of Prevention of Corruption Act 1988. They are as follows:
i) Where the Officer had acted in a manner as would reflect on his reputation for integrity or good faith or devotion to duty.
ii) If there is a prima facie material to show recklessness or misconduct in the discharge of his duty;
iii) If he has acted in a manner which is unbecoming of a Government Servant.
iv) If he had acted negligently or that he omitted the prescribed conditions which are essential for the exercise of the statutory powers;
v) If he had acted in order to unduly favour a party; and
vi) If he had been actuated by a corrupt motive however small the bribe may be.
The Supreme Court further observed that they are not exhaustive and only illustrative. In this connection, it can be further considered to make use of this Clause (iii) in a wider sense whenever it is found that the evidence is not sufficient to attract the offence under clause (I) and (ii) of Sec.13 (1)(d) of P.C. Act 1988.
Abuse has to be inferred from the following circumstances:
(a) Absence of power; (b) Exceeding jurisdiction, (c) Irrelevant consideration; (d) Leaving out relevant consideration, (e) Mixed consideration; (f) Malafide; (g) Improper performance; (h) Colourable exercise of power; (i) Non-observance of natural justice, and (j) Unreasonableness.
3. Taking clue from this article and similar reference of Union of India Vs. K.K.DawanAIR1993SC1478on http://bharatkalyan97.blogspot.in especially assuming that whatever reference of the Supreme Court decision has been given must be correct, I reported a matter about a public servant for investigations by CBC/CBI public police as per the CVC manual on the lines of the The Supreme Court in the case of Union of India Vs. K.K.Dawan AIR 1993 SC 1478 but subsequently when I could obtain the copy of the judgement through the Internet which was earlier not available, I found that nowhere in the said judgement the circumstances for drawing the inference initiating prosecution for the offences under Clause (iii) of Sec. 13(1)(d) of Prevention of Corruption Act 1988 has been mentioned. In fact these are the circumstances for initiating disciplinary proceedings as per CCS rules.
4. Could some body guide me as to how experts on this forum have concluded that these are the circumstances for initiating the prosecution for the offence under clause(iii) of sec 13(1) (d) of prevention of corruption act 1988. I would be extremely grateful for an early reply from the forum, otherwise my position would be taken as quoting a wrong judgement, since in the matter of complaint there were no direct evidence of taking the bribe for the matter of corruption. However, conditions i) to v) of the said judgement are being met.
The link for downloading jugdement(12pages in PDF format) in the case of Union of India Vs. K.K.Dawan AIR1993SC1478 is https://indiankanoon.org/doc/868781/
sorry attachment of judgement in PDF was not possible.
manishkumar
31 March 2016 at 17:21
Sir, in the 3rd year of my college I bought a mobile phone from olx and after using it for some days I came to know that it was stolen and the real owner of the phone came to my home with police we returned him money and his phone and took it written from him that he has taken back his FIR and want no further proceeding's and case was sorted out ,but after a period of about 6 months I have received a summon from the court about my presence on the mentioned date for enquiry before the megistrate.And the case is registered unde Delhi police act 103 . I want to know that what I can do regarding this ,I am in my final year of my graduation and preparing for civil services , will it affect my future, will I be eligible for government services?
Please do resolve this query asap as I am going into depression day by day.
P.s. I have never been imprisoned or detained, and I also checked online , there is no FIR lodged against me in any police station.
Prabhu
31 March 2016 at 16:11
Am selling property to one buyer and he had paid 45% of amount.Now he is not able to take registration because he does not have balance amount. However he told to me that, he sending legal notice. Meanwhile I did not receive the notice because the post did not come.
Now what is the consequence on this?
should I become deemed to be received or what?
Should I send fresh legal notice to him from my end.
Kindly Suggest.
Prabhu
31 March 2016 at 15:50
Dear Sir/ Madam,
Am selling property to one buyer and he had paid 45% of amount.Now he is not able to take registration because he does not have balance amount. However he told to me that, he sending legal notice. Meanwhile I did not receive the notice because the post did not come.
Now what is the consequence on this?
should I become deemed to be received or what?
Should I send fresh legal notice to him from my end.
Kindly Suggest.
Pratik Jain
31 March 2016 at 15:25
Hi, Please help on the below case what needs to be, this case is releated to our maid who said that his brother in law has filed a fake FIR against him in order to posses her property. Her husband suicide due to loss in business as per her statement. IN THE COURT OF CHIEF JUDICIAL MAGISTRATE(CJM) , KRISHNAGAR, NADIA CASE NO. 1787 OF 2014 Victim/Petitioner Mrinal Sarkar S/o. Late Lalit Sarkar Collegepara PO Bethuadahari PS Nakashipara Dist. Nadia Witnesses : 1) Smt. Sikha Rani Sarkar 2) Shri Sunil Sarkar 3) Shri Subroto Sarkar 4) Shri Gauranga Sarkar Collegepara, Khidirpore, Purba Para 5) Doctor of Shaktinagar Hospital and others during that time. Accused 1) Shri Gopal Saha, son of Sujit Saha, Nachur, PS Nakashipara, Dist. Nadia 2) Shri Sanjit Saha, son of Sujit Saha 3) Shri Jiban Saha, son of Sujit Saha, both residing at …………. PS Nakashipara, Dist. Nadia 4) Smt. Devika……….daughter of late Dilip……….. 5) Shri Kartick Saha, son of late……….both residing at Collegepara, PO Bethuadahari, PS Nakashipara, Dist. Nadia. Place of incident Gas Godown/Room of the accused and Street At Collegepara, PO Bethuadahari, Dist. Nadia. Date of incident: 23.07.2013 and 26.07.2013 Under section …………..of IPC and such other sections My humble submissions is that the above accused are real brothers and they are getting financially sound by doing business of colouring coriander, cumin seeds with the use of gas room. The accused no. 1 got into extra marital relation with my sister-in-law Ms. Devika Sarkar (wife of my deceased brother Shri Dilip Sarkar). On coming to know about this my brother warned his wife and asked the accused no. 1 not to visit his home during his(my brother’s) absence. But nobody listened to this. On 23.07.2013 when my brother found them (accused no. 1 and Ms. Devika Sarkar) in a compromised position, he insulted them very rudely. Then they though initially pleaded for forgiveness but apprehending that this news may spread into the society, accused no. 1 tried to smother him by grasping his throat and my brother’s wife(accused no. 4) was provoking him. My brother getting frightened prayed for his life. Then fearing the news of illegal relationship may spread into the society all the accused conspired and picked up my brother and took him into the gas room from where they are running and beat him heavily. After that they released him and my brother got very frightened when alone and on seeing the accused. At last due to such humiliation of physical and mentally torture he committed suicide. On 26.07.2013 seeing the dead body of my brother on the road I lodged a complaint but it has been misplaced by the Police and did not get the Post mortem report. Then approaching the higher police authorities and Human Rights Commission I got the Post mortem report and on seeing the report, I could know that because of physical torture he got very much frightened and humiliated and finally committed suicide. Witnesses are aware of this. No case has been registered by the police. I already requested Superintendent of Police (SP) Sir I am making this appeal before the Court to kindly consider this appeal as an FIR under section 156(3) of IPC and transfer the case to the local police station i.e Nakashipara and investigation be carried out.
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Sale agricultural land
sir
i sold an agricultural land cost of Rs 700000-00, but i received 1050000-00 as per market rate, i deposited the amount in saving account. how tax liability imposed on us.