Goapl Garg
01 November 2019 at 09:56
A family is in occupation of a Mandir Murti Land.In order to camouflage their illegal occupation and to secure a court decree, the father has filed an Injunction suit against his son and have obtained permanent Injunction and the suit is now on the verge of disposal.The father has submitted all the receipts, permission etc from Revenue Authority towards payment of House Tax but have not produced any Title Document which he does not have.The Court is likely to decide in favour of one of the contestant which will give the family a legal order towards their right and on the basis of which the land is likely to be commercially exploited.It is a suit in collusion.The Sebait of the Mandir is also in collusion.I as a neighbor of the said land has filed an application order 1 rule 10 to be added as a party to suit so I can bring out the facts before the court.The Court says I do not have locus to be added as a party in this suit. I have to argue my case on 7th November next. Can you please suggest some argument , citation, case laws which can find defense in my being added as a party. Thanks
Goapl Garg
24 September 2019 at 20:30
My father is a witness in a property related criminal matter filed in 2012.Charge sheet submitted in 2013, Trial began 2014.Father has been approaching the court since 2014 to have his statement recorded owing to his ill health, he being 83 years old.Father went from Jalpaiguri to rajasthan in April-2017 for recording his statement, His chief was completed and during cross by defense he fell ill and the witness was deferred.His health has further deteriorated.He filed application u/s 284 for commission in 2017 which court rejected in 2019 citing the reason as if he can sustain expenses of commission then he can more comfortably come down to court.A petition u/s 482 is pending with High Court, meanwhile the local court has once again ordered his witness personally else issue of warrant.High Court preoccupied with bail.matter do not reach.An ailing individual of 84 years with serious cardiac conditions himself asking for his witness since 2014, which took place in 2017, his commission petition rejected with taunt that he can travel at lesser cost to court, and now being threatened with issue of warrant.by magistrate.
A very difficult situation health wise, money wise.
01. Can we file another application u/s 284 before the same court on designated date ?
02. Can the court refuse to accept second such petition ?and issue warrant instead ?
03. Any Other Remedy ?
Goapl Garg
16 January 2019 at 13:57
My father ( M-83) is only supporting witness in a criminal case filed by me in a matter of fraudulent property sale in Rajasthan u/s 420-467-468-471-120-B.The Charge sheet is submitted, Charges have been framed. The trial has begun. In April 2017 my father went to MJM Court at Rajasthan for recording his witness statement and to be available to Defense for cross examination. The PP has recorded the statement of my father and Two Defense Counsel has also cross examined him but he fell ill during cross examination being carried out by the last defense counsel and the deposition is adjourned to next day only wherein my father could not be present as he was advised admission in hospital by State Hospital MO, the certificate was duly submitted and adjournment obtained.In August 2017 I filed a petition u/s 284 crpc for allowing commission at kolkata at my expenses,on medical ground annexed with all his case papers since 2002 and current medical reports and medical certificates. Myfather suffers from serious cardiac disease Attrial Fabriliation. The medical Literature is also submitted. Since then my father has been submitting his medical papers and MC (Current) on every adjournment.The MJM / ACJM has not disposed off the Petition till date despite arguments held on two occasions. Actually such petition is first in the District and the Presiding Officer is not able to have courage to dispose favorably or otherwise. Meanwhile the health of my father is deteriorating.The next hearing is on 19-01-2019.We wish to pressure hard for disposal of the petition and need some judgments from District/High/Supreme court which can be produced in support of our arguments. Such Judgments reference is required by 18th Jan 2019 latest.I need some case references in such or similar matter, and I shall be grateful if the Experts can help me with the same. The Local Lawyer at ACJM level court opines that such petition are uncommon at these level of courts and are unlikely to be accepted, leave apart the knowledge of case laws or judgments.Need help and counsel.
Goapl Garg
30 July 2018 at 08:17
A Residential Flat Owned by me ( an Individual ) is Mortgaged as a Third Party Mortgagor (the liability being defined Only Up-to the Value of the Mortgaged Flat in sanction letter ) towards Credit Facilities obtained by a Pvt Ltd Company whose account is NPA and have been referred under IBC. Myself is neither promoter, nor Director or shareholder in the borrowing company. The Promoter Director and sole shareholder of the borrowing company has expired and the borrowing company is deserted as his heirs are keeping away from the company to avoid any liability.There is no one who can be even contacted at borrowing company.The company has no tangible assets except two properties under mortagage owned by promoter and three properties(including mine) under mortgage as third party mortgage.The Bank is even not supplying any information about the latest valuation of my flat even if I may courage for discharge by payment.
Query:-
01. Whether the appointed RP shall have right over such TPG mortgaged Flat and can liquidate it while resolving the account.
02. Whether the RP shall give opportunity to me /first right to redeem the Mortgage by making out Value of the Flat.
Goapl Garg
18 August 2017 at 15:45
My father is is 83 years old and suffers from verious, serious Cardiac Ailments and is under medical attention since last 18-20 years(records available) He is specifically advised against stress-mental & physical, Exertion, Long Journey and is advised to move on same floor only to his capacity. He has been named as a witness in a criminal case arised out of forged sale of ancestral property by his brother to some outsider and a compalint has been filed by one of co-sharer.My father, though a co-sharer, did nothing, never visted the place or not plaintiff and respondent.Upon receipt of summon he went to far away in small town court at Rajasthan with our personal company & assistance but could only complete his statement before Public Prosecutor which were recorded and signed.Owing to very proactive atmosphere and deliberate provocation and tactice of defense lawyer he could not withstand and fainted inside the court and had to be admitted at District Hospital. Now one date is passed.Another date is approaching.The Opponents are threatning with issue of warrant against him.He is only a witness. What to do ? Very anxious...please
Goapl Garg
01 June 2017 at 20:34
I availed Home Loan from a Public Sector Bank and all the payment is clear and the Bank ought to have returned me the Original Deed of my Flat.It was under process for last six months. Suddenly I have received a letter from the Bank which says my Deed of the Flat is mortgaged for a loan by somebody and the Bank has sought confirmation from me as a routine matter.On enquiry it is found that it is a fraud case and some body within the Bank has colluded with the borrower.Met advocates who advise to file criminal case against Bank, its Officials and the borrower.Went to Police Station and the Police say they would not accept FIR against Bank, Bank Officials and they need prior approval from government to proceed against government officials. Is it right? What to do Sir ?
Goapl Garg
29 May 2017 at 11:46
My father is aged 83 years old and is a witness in a criminal case towards a 07 years old property matter and is summoned to the court on 21st June,2017, but owing to his age and health condition he is not able to move out of the house and is medically unfit.I am told that if he does not attend the court, then warrant may be issued against him. what is the remedy to this problem? Can I file an application on his behalf before the court for taking his witness at home under medical ground and if yes then when should I file such application? i.e. on the designated next date only or even before that?
Goapl Garg
22 May 2017 at 17:59
I am Financial Consultant( an Masters in Finance), currently working on monthly contract basis for fixed monthly contracted service charges of 90K(-) TDS for an Indian entity.I work from my Home for my principal. Such type of Contract is not permanent and I may switch to regular Job upon having better opportunity. Being under this contractual assignment,...
My query is:
01 Am I Required to obtain GST Registration if I continue to work for my present principal even after GST rolls out ?
02 Currently I submit my monthly Bill and receive payment after deduction of TDS. What shall be status of my charging the Service Charges and receipt of payment.
I need guidance as I have to submit certification to my principal to process my renewal.
Please guide.
Goapl Garg
03 May 2017 at 13:31
I am complainant in a crininal case and my father is a witness in the same.The Case is Registered in my Home Town at Rajasthan in a small Town where MJM Court presides.The Police has filed the Charge Sheet.The Charges have been framed.The accused preferred Revision petetion against Charge Framing before Session Court which has been rejected.Now the Trial has began and myself and my ailing-aged(83 years old) father has received summon for statement before the court.The Magistrate advised to complete the deposition of my father seeing his physical helath condition.My father"s Statement has been properly recorded by Public Prosecutor.There are three Defence Advocate representing three accused.The First Defence Advocate took long and tiring time in cross examining my father who almost fainted before the court and the deposition was adjourned to next day when my father could not attend the court as he was being treated at District Hospital which also referred to him to Higher Medical Centre at State Capital.A new date is assigned for the pending deposition of my father and by me.Presently My father is not in position to move and has been advised against any kind of travelling and stressfull activity.It is now sure he will not be able to go to court at Rajasthan from Siliguri any more.My local advocate says there is provision for commission but it has never been exercised here and he is not hopefull and is of the opinion that I have to complete the deposition any how at Rajasthan Court which is next to impossible seeing condition of the father at this.What is way out to complete the deposition. (02) Medical Records since 15-20 years are self speaking(03)What are chances of allowing commission(05) Will both PP and Defence advoctes will be allowed to have deposition by commission if at all allowed.I am told by local lawyers that he will face warrant if he does not appear. ???? Please guide. Thanks & Regards !
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Withholding of admit card by school issued by cbse
The Student is due to appear in CBSE - Class X Board Examination in February-2020.He is studying in same school since class Nursery.The School is continuously threatening not to allow him as also several others to not to allow sit for Board Examination on the pretext of their allegedly poor performance in class tests, pre Board examinations wherein it has set unrealistic standards . Large number of students face such situation.The Board however do not withheld the admit card on any such pretext and have forwarded the admit cards of all the students.The school at their own keep them withheld and students are made to be absent in board examination.This has become a regular practice at so called elite schools. Concerned seriously for my ward. What is the remedy for such contingency as school is likely to issue or withheld the admit card just a few days ahead of examination.Need guidance.