Devajyoti Barman's Expert Profile

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Kuntal Bhattacharya says : father's arrest warrant
Good Evening Sir, "This is with reference to my query on 16th June 2010 on the matter as mentioned below: my father along with 7 other persons was falsely implicated in a case U/s 147, 379,506 IPC in the year 1984. My father got bail from the Hon'ble Session court in that year. Thereafter, nothing was heard about the case. The then police advised my father, the case has been closed. Suddenly, now in the current month of June 2010, police informed that an arrest warrant has been issued against my father & other 7 persons relating to above mentioned case. with the assistance of locals moharer, it has come to know that due to prolong absence i.e non-appearing in the Hon'ble Court, such warrant has been issued. The date of hearing fixed on 22nd June 2010. I cannot understand the basis of the arrest warrant. Please advise the steps to be taken to avaoid arrest by police. What action can be taken by the police?? what is the way out??" Sir, I perused your advice & accordingly I have taken preparation to follow your advice strictly. Sir, I expect one more advice from you. My father is 77 years old. Is the appearance of my father in the Session Court very essential?? Is it possible to make appear an advocate, in place of my father in the Hon'ble Session Court?? My father is too aged/ailing to appear in the Hon'ble court. Please advice. I will be greatful to you. Thanking you in advance.

DR SURESHA G says : illegal will & gift deed
Dear Sir/Madam My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003. Then we compromised before elders of the society and the shares were allotted as follows: 1. Plaintiff i.e. me. 2. My father and my mother 3. My uncle-1 4. My uncle-2 5. My uncle-3 6. My sister-1 7. My brother joint name with my father. A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder. Everything was fine up to 2007. Me and my parents living together and my brother was living separate. I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income. In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him. Once again I got the abroad placement in Jeddah, Saudi Arabia. Because of mild heart attach he was in hospital in Jan 2008. During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my fatherâ€™s consent. After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi. From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parentâ€™s share which was previously written a will to me. Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed. I request your kind self to clear my doubts. 1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents? 2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter. 3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ? Please clarify my doubts. Since 6 months i am waiting for your opinion . Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother Please let me know about the consequences. Very Truely yours Dr Suresh

binu says : section 138
sir, I am convicted for 138 by a mumbai lower court and planing to proceed with appeal.since i feel that the mumbai court is biased can i shift the case to Kerala.If i contest in Mumbai appeal couty what will be cost involved .It is a case involving 45 lacs.the complainnat got my cheques worth that amount, though the company owes me 1.8 lacs.Evn the magistrate is relying on the fake letters they produce as if I have given them. moreover their ledger is not authentic as it is having a lot of errors though CA certified. But the magistrate is paying no heed for all these and just relying on the HOlder of the cheque got the right.The complainant is not able to tell the real transactions even, since the compalinant companydeputed another person to present the cae. pl guide

gaurav says : SARFAESI SALE ...BANK ISNT GIVING SALE CERTIFICAT
hello sir, please advise me.on 5 march 2010 i bought a house on auction under SARFAESI ACT being the lone highest bidder and my price being over reserve price my bid was accepted n i was given a letter asking me to deposit 25% of sale price on the same day n remaing 75% in next 15days ie by 20/3/2010.(((it had a clause stating the bank can cancel my bid before i deposit the remaining 75% amount))) i deposited the remaining amount beforehand ie on 12/3/2010 n asked the bank for releasing sale certificate as per SARFAESI ACT the bank people didnt give sale certificate instead when i gave them an application for the same on 29/3/2010 on 30th march i recievd a cancellation letter dated 27 march with a check dated 25 march cancellation letter of the bid(earlier accepted and fully paid already) after 10 days of the deadline!!! and 18 days after full money deposition!!! with a payorder of the whole money by courier.it says"the bank has decided/authority has decided not to sell the property" the bank has cancelled after my depositing the whole amount which is against its own clause what should i do to get the sale certificate n the possesion of property.please advise.....thanks so much for your attention n time....

Mohit chawla says : Sec. 363 & 366 IPC
Hello Sir. Will you please suggest something on this query. Raj Kumar a male hindu aged 25years was teacher of Saqina- a muslim girl. Saqina was student of 10+2. Both of them fell in love with each other. Raj Kumar used to tell her that Hinduism is a good religion. One day both of them eloped and Saqina converted to Hindu religion. The same day they got married in a Arya Samaj temple. Saqina's parents got an FIR registered against Raj Kumar u/s 363 & 366 of IPC. They alleged that girl is a minor. The parents of the girl produced a certificate of Municipal Corporation showing that girl is a minor. 6 months later the police apprehended the couple. By that time Saqina was pregnant. The accused prodused Saqina's school certificate as per which she was a mojor when they got married. Law points to be discussed: 1. Validity of marriage. 2. Consent of the girl. 3. Charges of Sections 363 & 366 of IPC. 4. Conflicting birth certificates. 5. present situation when the girl is pregnant. Discuss the matter and please suggest some decisive and latest authorities.

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