Kumar Krishan Agarwal Advocate
03 July 2016 at 16:57
Dear Ld Friends!
The Property is located in Uttar Pardesh and here the U.P Urban Building (Regulation of Letting, Rent & Eviction) Act 1972 is applicable in between landlord and tenants although the trespassers are not tenant definition comes and this Act might be not as helpful I exclusively think after I read its provision.
That we are the legal heirs/coparceners of the Hindu Ancestral property and have 70% occupied space we have in between coparceners control. THat for 100% property premises a partition suit is pending in between coparceners to decide before Civil Judge. That rest 30% was occupied illegally by the trespassers/Rank-trespassers forcefully when we were minor and have not known about this trespass occurred how. That No rent was taken, no document was executed in favor of trespassers by us. That the unlawful possession of trespassers are of 5-10 years old.
That the trespassers are not ready to go and denying our coparceners rights also that we are the legal heirs of the property and adamant on their motive to remain always on said property always and do illegal occupation and further trespassing on property and creating weekly nuisance to us time after time and month after month.
Q1. That we want to evict the said trespassers one by one and for this in which necessary legal sections of law we may file any Application or petition against trespassers in Indian law.?
Q2. That how the 30% property be vacated and released and evicted from the trespassers control?
Q3. What the Court fee we have to give on application and petition filed against trespassers.? if not know about Uttar Pardesh tell the Requisite Court fee according to your State and in which Para of Court Fee Act 1870 these things mentioned so that I may search for in my state column.?
Q4. What are the other legal necessary steps we will take so that one day trespassers may get out from our 30% property premises with the due process of law.?
Kumar Krishan Agarwal Advocate
11 January 2016 at 15:03
Dear Sir,
I filed a case of the unmarried sister against her brother that his brother not giving maintenance to her sister and also doing violence in the home. That he also not give her profits from the co-share of her ancestral property to her and also took her mother Gold jewellery in his custody?
I filed a case S.12 before C.J.M Magistrate in Uttar pardesh where he refused to lodged as the Magistrate said that PWDVAct 2005 is only for husband and wife and their relatives only. While I argue him that in the act the word "any woman" and the word "any adult male member" who have some relation to her or have living into it can file case under the said PWDVAct 2005 but he is not taking the case. Hence I request him to pass any order so that I may file revision before District Judge Court.
PWDAct 2005 - The Protection of Women Domestic Violence Act 2005.
Now Questions are
1. Are the bother and sister family violence ot comes under PWDVAct 2005.
Q2. What are the ruling that support for the brother and sister case to file easily and admit by the Magistrate?
Q3. What the real mean of PWDVAct 2005 and is other relatives of father mother , son , daughter, brother , sister,husband and wife all are liable to be prosecute under the PWDVA ct 2005?
Rest any further to say can be discuss here with the clarity of the PWDVAct 2005.
Kumar Krishan Agarwal Advocate
01 January 2016 at 18:48
Dear Ld Friends
I made a below compliant against the Biased Police Officer who is investigating my matter and arrest was made and fled the accused from police custody on consideration. Is the Magistrate has the powers in any Indian Laws to take action against biased Police Officer of the State.
Case filed before Magistrate as
Complainant name VS State of UP
What the Other relief and how way I may approach to Magistrate court CJM for the removal of the SO from his police job permanently.
Complaint as follows:-
APP. FOR “SUSPENSION & DISMISSAL” OF THE BIASED
GOPAL CHAUHAN (S.O) 9984215021 & 8738991180
OF THANA CIVIL LINES, MUZAFFARNAGAR.
ART. 350 OF THE CONSTITUTION OF INDIA
+ PUBLIC SERVANTS INQURIES ACT 1850
+ S. 7, 10, 11, 12 13, OF - THE PREVENTION OF CORRUPTION ACT 1988.
+ S.4, 9, 11, 15, 28 OF - U.P GOVERNMENT SERVANTS CONDUCT RULES 1956
+ S.34, 109, 119, 120B, 166, 167, 177, 182, 193, 196, 199, 203, 211,213, 217, 218, 219, 500, 506, 511 - INDIAN PENAL CODE 1860.
Resp Sir,
1. That a legal complaint was registered at Thana Civil Lines, Muzaffarnagar at Crime 478/15 of incident dated 31.08.2014 on their General Diary 10.03.2015 under Sec 34, 323, 327, 356, 392, 403, 427, 447, 506 thru Muzaffarngar Magistrate Court orders into which necessary arrest was made on dated 27.12.2015 and I bore private expenses of Rs 10000/- Ten Thousand paid by me Mr KK Agarwal Advocate himself to Gopal Chauhan for journey, Vehicle and eating expenses and other expenses with police team went to Rishikesh, Uttarakhand and one accused living at Saharanpur, but after that arrest at city Rishikesh the accused Anil Kumar and his wife Usha got fled from the legal system adopted by the major corrupt police officers/public servants deputed at Thana Civil Lines, Muzaffarnagar with the criminal conspiracy planned by Gopal Chauhan SO malafide personal ulterior motive who had taken part in investigating the matter for consideration took from accused and used me as a ATM Machine to pay expenses for reaching out to the accuseds at Rishikesh on my Expenses and then make a heavy illicit money amount extract/elicit from the accuseds and make my Solid Case weaken by removing the “non-bailable Sections 327 and 392 removed” himself and gave direct illicit bail in the all sections in Thana Civil Lines himself and turned the case into a simple and normal case of incident and help the accuseds for saving the legal punishment of law. That the sections 327 and 392 IPC were ordered by the magistrate Court and cannot be removed or break out till the Magistrate court not take legal action on the submitted charge sheet. The Arrest was made in all sections including Sec 327 and Sec 392 at Rishikesh but when he took bribe and consideration from the accuseds he himself act as a Magistrate and took advantage of the situation and did illegal act under the Indian Laws for not taking remand application moved by the Arresting Officer before Magistrate. Copy of the FIR 478/15 attached below.
2. That the arrested criminal in night on dated 27-12-2015 were removed from the Police custody of the Thana Civil Lines inside and were stayed at the local Hotel nearer to the Thana Civil Lines at city Muzaffarnagar and in the morning again put back to the Thana Civil Lines for showing that the accuseds were in the police custody. That the whole incident of crime shows that the major police officers are working for just illicit money and supporting Hard core criminals and spreading heinous crime in the society. That these type of police officers are an abuse on the U.P State Police service and will be removed and sack out immediately from their public servant services for saving other peoples life of India.
3. That at the time of Arrest the accuseds Anil Kumar and Usha had beaten me with their relatives Sanjeev Goyal, HariMohan and Meenakshi Goyal etc and accomplice supporter in perpetrated crime at city Rishikesh towards me but the Gopal Chauhan and his police team not stopped any one of it and they did new crime perpetrated against me. That the Gopal Chauhan and his police team with accuseds had ran away with the Private hired Boolaro without me and after that I came alone thru Roadways Bus thru Rookree at my city Muzaffarnagar.
+ PRAYER +
Hence it is humbly request to you kindly suspend immediately the Gopal Chauhan SO and may take further legal action for the complete termination and dismissal of this corrupt and biased Police officer for the UP State Police Service so that in future no further this type of incident may happen to anyone aggrieved and complainant citizen of India in UP State in any cases. The one dirty fish makes all pond dirty and this Gopal Chauhan is the same dirty fish in UP Police service.
Kumar Krishan Agarwal Advocate
09 May 2015 at 14:12
Sec 403 Crpc:- Save as otherwise expressly provided by this Code no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.
Q1. I found that many sections under various Act uses the double meaning word like "Save as otherwise expressly provided by this Code" What it actual means everytime it is there in any section or in agreement.
Q2. According to my understanding it means when there is no provision in the law or in the ACt this section will come into play for executing it.
OR
When the Act not contained specific provisions in the Act these words will attract to apply that section where "Save as otherwise expressly provided by this Code" is mentioned in the section or agreement.
Q3. How you define "Save as otherwise expressly provided by this Code" in your own words when u found in any section in any Act.
Kumar Krishan Agarwal Advocate
30 April 2015 at 18:57
Dear Sir,
I filed one suit from Plaintiff side where I leave out the claim numeral figure expressed in Words all time in all paras but mentioned on the top of the Plaint in Words the actual claim amount. The Defendants taking pleas that the Plaintiff not follow Order VI Rule 2 (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words. and that why plaint will be dismissed in Order VII Rule 11.
I said that the order VI Rule 2(3) is directive in nature and not be forced to follow on very suit while all the courts in India are admitting and passing orders in figures and not in duplicate mentioned every figures expressed in words in all orders or plaint.
What is your opinion and what is the case law which makes a defense of Plaintiff side for not going through this Rule every time in very Plaint.
Kumar Krishan Agarwal Advocate
09 December 2014 at 19:39
Dear Friends!
Sometimes on any argument or any simple request we cannot feel safe & secure that what happens from which side and what the sitting judge or any public servant or any police officer may give what response or order or what behavior he returned to us.
Q1. Is video recording inside in open court of law can be recorded by the advocates or the public for better hearing aspects in future and also for creating right evidence that this thing happens in actual and may be used in higher appellate court for justification.?
Q2 Suppose a public servant esp higher police officers not meet to the victims and if meet victims not give good relief to them and pass foul language or dirty behavior by the other buttering officers with him for his surrounded security so all this is a crime in Indian laws to do string operation of police officers when we go to meet them as not know which way they swing and what they do with police powers provided by State?
Q3. Recording thru video Camera is crime in all Courts or in official meeting to public servant in any open place or in their offices or on going roads?
Q4. Is India a complete sovereign state in full aspects or have Rules of British regime time still applied or Rules of Taliban and Afghanistan are applied on the people of India if you raise your pain voices in India on any matter of law and fact in public or complaint to any authority.?
Kumar Krishan Agarwal Advocate
29 October 2014 at 11:13
Dear Sir,
I got a case from the party that a 4 Lakhs Rs Award passed by the Mumbai Arbitration by Arbitrator outside Court against the parties residing in the Saharanpur region of Uttar pardesh. Now how that award may be execute in the District Court of Saharanpur before Civil Judge.
Q1. May In U.P You have to bring out a civil suit and pay the required court fee for executing that award after the suit get decree ?
Q2. Would I may get a Transfer Certificate from the Arbitrator to apply to him for permission to get started off executed award proceedings before District COurt of Saharanpur , U.P
Kumar Krishan Agarwal Advocate
16 May 2014 at 01:40
Dear Ld Friends!
I got a relative problem where he is insisting me to help him.
The Local Builder make a contract to the owner of the house to make multistory building having four floors with lift and fully furnished in one year, the builder will take one floor only for sell purpose and rest three floors are of owner and all this was written on 50Rs Stamp Paper and get notarized to it.
Now the builder pressurizing the owner to registry the one floor which he completed first for sell purpose and remained all the three other owner floors incomplete and refuse to make it complete all of three floors. Two years already over now since the house was given to the builder for making four floors.
Q1. What the proper resolution I may do for him to get exit from this mess up?
Q2. Will I go for the Cancellation of Agreement which was made between builder and the owner of the house ?
Q3. Will I go for police complaint to take legal action against builder for pressuring the owner of the house to make registry of it ?
Q4. Will I seek remedy under suit of Specific Relief Ac for the performance of the agreement made between builder and owner on Stamp Rs 50 ?
Q5. The property is in Delhi and jurisdiction lay at Tis Hazari court What court fee I will have to give on the suit for the Cancellation of instrument or for the Specific performance of the contract?
Q6. Any reliable lawyer whom you know about it at Tis Hazari and will work with me as colleague for this case will provide its mobile number and chamber number for Tis Hazari court so that I may contact me urgently for this case problem.
Q7. Rest any other thing which my lawyers friends advice me or suggest me please mentioned also that here for kindness and justice to seek?
Kumar Krishan Agarwal Advocate
07 December 2013 at 22:07
Dear Sir,
I got a case where the wife(children mother) has many properties died in interstate. After that husband was alive and he has three major children A,B,C. Now the Elder children 'A' wants to get all his mother owned properties on his name while husband & B & C does want to any co-share in wife/mother properties. There is no succession certificate also till yet.
Q1. what the legal steps the elder children 'A' may follow so that his mother properties comes on his name exclusively?
Q2. Will making of Relinquish Deed or gift deed in favor of Elder Children 'A' is sufficient to get all properties comes on 'A' name.
Q3. Will the making of Notary Affidavit of Husband and B & C for not taking any co-share in their wife/mother properties is sufficient to get all the properties registered on 'A' name thru property registrar?
Q4. What the other legal way to get all properties comes on 'A' name exclusively?
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Meaning of 'determination of lease' in tp act 1882
Dear Sir,
I want to know what the exact meaning legal terminology of the Phrase "Determination of Lease" in Sec 111 of Transfer of Property Act.
Some says it means Termination of Lease How can be done -and- Some other says How the Lease Agreement may be defined and made with this sub clauses.
From
KK Agarwal Advocate