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Queries Participated

Amit Joshi   22 March 2024 at 18:02

Is ex party possible in criminal case

I have filed Criminal Complaint against 4 persons u/s 420, 468, 34 of IPC. Court has issued Process u/s 204 CrPC against all 4. 2 of them appear before court but on 2, summons and Warrant issued to them on their regular Address. Earlier, when Civil Court issued summons to them, they appear before Civil Court From the same Address. Basically they are absconded. I planning to give CrPC 82 (Proclamation) and 83 application to Court. But, if Even After completion of CrPC 82 and 83 Complaince, those 2 accused didn't appear,
(1) Can I request Court to go Ex Party Against them ?
(2) IF Not, What will other Remedy I have so that I can put forward my case progress ?
(3) Is New CrPC law, which was expected to be enforced w.e.f. 1st July, 2024, has any such provision which enables me to get Justice ?

Amit Joshi   11 December 2023 at 11:30

Can poa holder signs on main gift deeds directly

I have General PoA rights in respect of a Immovable property. PoA terms allows me to gift that property. I am going to gift that property to one of my family member.
(1) Can I Sign as a PoA holder on original Gift Deed Directly ? (Without needing to sign original executor of PoA)
(b) Is Sub-Registrar or Law Allowed it ?
(2) Or I have right to Gift Deed means a only Right to present it before Sub-Registrar and Sign before him ?
My PoA terms clear mentions that I have all the Powers in respect of that property including signing Any gift deed on behalf of executor of the PoA.

Amit Joshi   05 December 2023 at 12:06

Can two poa valid simultaneously

My aunty has executed General Power of Attorney (PoA) in my favour in respect of a immovable property 5 years ago. That General PoA was mainly for court cases and for getting legal heir certificate.
Now, my aunty wants to Gift that Property to my mother. And for that we are planning to execute Special/General Power of Attorney (New PoA) in my favour again to specifically mention that gift deed. Such specific mention is to avoid future conflict.
My Query is....
(1) Whether I am able to continue both the PoA running Valid simultaneously ?
(2) Whether by doing New PoA, Old PoA cancelled automatically ? I don't want that Old PoA to be Cancelled.
"The person who is doing or executing PoA" and "PoA holder" are same in both PoA.

Anonymous   05 December 2023 at 12:01

Two poa at same time

My aunty has executed General Power of Attorney (PoA) in my favour in respect of a immovable property 5 years ago. That General PoA was mainly for court cases and for getting legal heir certificate.
Now, my aunty wants to Gift that Property to my mother. And for that we are planning to execute Special/General Power of Attorney (New PoA) in my favour again to specifically mention that gift deed. Such specific mention is to avoid future conflict.
My Query is....
(1) Whether I am able to continue both the PoA running Valid simultaneously ?
(2) Whether by doing New PoA, Old PoA cancelled automatically ? I don't want that Old PoA to be Cancelled.
"The person who is doing or executing PoA" and "PoA holder" are same in both PoA.

Amit Joshi   29 November 2023 at 20:39

Accused not finding

I have filed Private Criminal Case for offence u/s 420, 468, 34 of IPC. Court has issued summons/warrant to accused no. 1 to 3.
Accused no. 3 has appeared but 1 and 2 has not been finding on there regular address. Actually, they are absconding. I didn't able to locate them.
Can I continue case against them as ex-parte or its mandatory to me to get them to court.
What legal remedies are available to me otherwise ?

Amit Joshi   29 November 2023 at 20:27

Is court fees mandatory to get legal heirship certificate

Is "Court Fees on valuation of immovable property" is mandatory to get Legal Heirship Certificate from Court in Maharashtra ?
I am going to get Legal Heirship Certificate for applying legal heir at Land Records Department in Maharashtra.
Is there any way by which we can avoid such court fee ?

Amit Joshi   12 May 2022 at 10:28

Maintanability of high court petition

I had made complaint to District Caste Scrutiny Committee (Maharashtra) 3 years back against false certificate of a person. Till date neither Final order is made on my complaint nor any hearing is done in last 10 months. As per Rule 19 of Caste Validity Rule, 2000 Committee will give its decision within 6 months of complaint filed date. As already gone pass 3 years, can I file petition to High Court to ask Committee to give its decision within next 6 months ?

Amit Joshi   11 May 2022 at 10:44

Petition to high court

I had made complaint to District Caste Scrutiny Committee (Maharashtra) 3 years back against false certificate of a person. Till date neither Final order is made on my complaint nor any hearing is done in last 10 months. As per Rule 19 of Caste Validity Rule, 2000 Committee will give its decision within 6 months of complaint filed date.
As already gone pass 3 years, can I file petition to High Court to ask Committee to give its decision within next 6 months ?

Amit Joshi   03 October 2020 at 02:12

Legal remidies for false atr firs on false caste certificate

Hello, myself Amit Joshi. Civil court has passed interim order in my favour in October 2018 against some illegal transactions in my owned property. Mr. A is restricted from entering my property. From then, he is continuously harrassing me by any means. He wants me to sell my property to him and that's why he is harrassing me. In Feb, he lodged false FIR against me of caste abuse in atrocities act. I get anticipatory bail in that case. 2 days later, he again filed false FIR against me of caste abuse in ST/SC Atrocities act. Again I got anticipatory bail in that case also. Then, I filed petition in high court for quashing 2nd FIR. And my 2nd fir is quashed by bombay high court. Then he filled "Bail cancel case" in court against me in respect of 1st FIR but due to covid-19 from last 7 months that case has not come on board yet. So now, in sept. 2020, he again filed false atrocities FIR against me. And again I need apply to court for anticipatory bail. When I go to police station and other govt. Offices to complaint against him, he uses that complaint form to file FIR against me. On the date When I complaint against him, he shows that on that date he was there and I give him caste abuse which is totally false and fabricated. Meanwhile, I filed some RTIs about his caste certificate, and got his School Leaving certificate, Copy of his service book, and the letter from his employer which shows that he is of "General caste" means his caste certificate is false. He also doesn't have caste validity certificate. I decided to file complaint of him to caste scrutiny committee. But When I go to that office, they said that most of the officers of that office has currently been given the work of covid-19. So, it is sure that cancellation of his false caste certificate will take time.
I want to ask, Can there be any legal remedy available to me by which I can stop him to file false FIR again until such caste scrutiny committee decide legality of the caste certificate ?
Legal remedy means through court.

Amit Joshi   03 October 2020 at 02:09

Legal remidies for false atrocities firs on falscertificate

Hello, myself Amit Joshi. Civil court has passed interim order in my favour in October 2018 against some illegal transactions in my owned property.
Mr. A is restricted from entering my property. From then, he is continuously harrassing me by any means. He wants me to sell my property to him and that's why he is harrassing me.
In Feb, he lodged false FIR against me of caste abuse in atrocities act. I get anticipatory bail in that case. 2 days later, he again filed false FIR against me of caste abuse in ST/SC Atrocities act. Again I got anticipatory bail in that case also. Then, I filed petition in high court for quashing 2nd FIR. And my 2nd fir is quashed by bombay high court. Then he filled "Bail cancel case" in court against me in respect of 1st FIR but due to covid-19 from last 7 months that case has not come on board yet. So now, in sept. 2020, he again filed false atrocities FIR against me. And again I need apply to court for anticipatory bail.
When I go to police station and other govt. Offices to complaint against him, he uses that complaint form to file FIR against me. On the date When I complaint against him, he shows that on that date he was there and I give him caste abuse which is totally false and fabricated. Meanwhile, I filed some RTIs about his caste certificate, and got his School Leaving certificate, Copy of his service book, and the letter from his employer which shows that he is of "General caste" means his caste certificate is false. He also doesn't have caste validity certificate. I decided to file complaint of him to caste scrutiny committee. But When I go to that office, they said that most of the officers of that office has currently been given the work of covid-19. So, it is sure that cancellation of his false caste certificate will take time. I want to ask, Can there be any legal remedy available to me by which I can stop him to file false FIR again until such caste scrutiny committee decide legality of the caste certificate ?
Legal remedy means through court.