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AIR 1987 P&H 138

Page no : 2

Rajan Salvi (Lawyer)     19 November 2008

Dear Adv. Salvi,


  I am facing problems related to civil and criminal court cases. I am attaching the PDF file of case in English and details are wrtitten in mail in Hindi too. You are a learned scholar in legal affairs, if you can review it and suggest me what step I should take in this situation, will help me very much. The property in dispute is inherited. Thank you very much for reviewing my case. I look forward to hear from you. Wish you a great day.


Best regards, Bina


 


Please give me some time to go through your problems. Of course, bear

in mind that we sitting here can at the best envisage your problem but

cannot help you out to the extent of your expectations. By filing a

suit for permenant injunction you can always obtainb an inyerim Order

prohibiting the other party from disturbing your possesion till the

case is finally decided. SUPPOSE YOU MAKE A WILL BEQUETHING THE 4

ACRES OF LAND TO YOUR OPPOSITE PARTIES, THEN WHAT? DON'T YOU THINK THAT THE PROBLEM WILL GET SOLVED. INSTEAD OF WASTING TIME AND MONEY IN LITIGATION , THIS IS WHAT I FEEL WILL SERVE YOUR PURPOSE. AS STATED BY YOU YOU HAVE NO CHILDREN AND YOUR ONLY CONCERN IS DAY TO DAY EXISTANCE FOR THE REMAINING DAYS OF YOUR LIFE. THINK OVER IT. THIS IS JUST A FIRST STEP TAKEN BY ME TO HELP YOU SOLVE YOUR PROBLEMS.  REGARDS RAJAN


SALVI.


 


Dear Rajan,


 Thank you very much for your excellent inputs. Yes I already filed the suit of injunction and declaration; with these suits I have challenged the WILL. The evil in-laws are already booked with the criminal charges under the sections 148/149/323/325/452/506 &166 for attacking me and under sections 323/452/406/506 &34 for harvesting my crop in 2002. But they want grab my property by hooks or crooks. Yes, that is also true that I have not child, to be honest I don't care for property it is worthless for me at this age and ultimately I would give it to some of the nephew/niece. But I am fighting this case as a matter of dignity since last 5-6 years. I already run out of all the resources and I can't the property because in-laws have take STAY order of this land. Worst come to worst I would represent the case by myself and would live in premise of court. But under any circumstances I would not compromise with my dignity like Prof. Bob Kearns in movie (based on a true story) "Flash of Genius" where he alone battled with automobile giant.


Regards, Bina  


 


 


Ma'm



I never intended for you to sacrifice your dignity. It was a hurried response to a women in distress. Ultimately an individual is helpless against a group of moneyed persons and I wanted that your hard days should end. As a good will gesture , please execute a will in favour of your worst inlaw and let them know it ' that till you are alive , it is yours. After all you can change your  will also. Then it just remains a matter of not who is the owner but WHEN. I suggest along with the will ,you also withdraw the cases against them and in the application for  withdrawal state all the entire facts. Circulate this among your relatives , neighbours and who ever know you.  I HAVE YET TO SEE GOOD DEEDS REPAID BY BAD DEEDS.  Believe in God. Lawyers are just human beings but if you have divine power behind you, you need not worry. Take Care and post my message on the Lawyers Forum to get a feed back as to what other senior advocates have to say.  Rajan Salvi


 


 


To gather social sanction show as if some religious head whom both the

parties believe in has advised this. Take help of elders and

influential persons. Even you can take the help of Judge by making an

application that he take geniune intrest in solving the dispute by

mediation/conciliation. A petition u/Article 226, 227 r/w 482 of Cr.

P.Code may also help you.


 


Dear Adv Rajan,


 I am impressed with your genuine advice. Cost effective, quick and most importantly it does not break any bridge (relationship). I am 100% agree with each and every word you have said. Here I am dealing with villagers who are illiterate or semi-literates for them only money, muscle power and number of votes are everything. ALAS these people understand the language of law or justice!!


 


 In 2002 when I was thrown out of house, I requested nearly all the common relatives to mediate but all in vain. I called the village PANCHAYAT (community gathering) three times and pleaded that at least provide me one room and some grain so I can manage. Hardly anybody dared to speak in my favour out of the gathering of 50 - 60 people. And in-law in question openly said I am not going to give anything, do whatever you can. Then he broke the wall separating my house and his house and mixed it in his house, the street gate of my house was removed and he constructed a wall there, so I have no way to enter in my house from street. Obviously, the neighbor Jassa was helping him since starting. My in-law Ballu and Jassa have more than 30 votes together in the family, so the people interested in village politics always takes their side and common people don't want to take part in this hassle. At this stage I complained to National Commission to Woman (NCW).


 


In April/May 2002, when these people stole my whole wheat crop and attacked me, I complained to local police, police called us at local THANA/CHOWKI where duty constable forced me the compromise paper. Nearly whole village was present there, but only 3 elderly people dared to say it is injustice to force this feeble lady to sign the compromise paper. These 3 unfortunate souls were charged under CrPC 151 and locked-up over night. After that no one from village dares to say spade a spade.


 


Now, if I make WILL in favor of devilish in-law it is injustice to the other in-laws who are neutral or providing me at least shelter. If I break this WILL it is going to invite trouble for these innocent in-laws because would always accuse and trouble them for it, what already he is doing actually.


 


One of my sisters-in-law who is about 65 years old now, told me that Ballu took mother (Late Imarati) to Tehsil office on the pretext of visiting to a doctor and took her thumb impression. This sister-in-law (Late Imarati's daughter) came to visit for RAKSHABANDHAN/JANAMASTHAMI that time and her mother wanted her to escort her when Ballu was taking to doctor (Tehsil) but Ballu refused to take this sister-in-law with them. When they returned back this daughter asked what kind of medication doctor has give, Imarati said he didn't gave any medication just these people took her thumb impression and after sometime her photo was taken in an office,  then Ballu said doctor is not available today we have to come some other time. This sister-in-law is saying she can give this statement in any court if needed. Obviously the witnesses of this WILL are the people who are ganged-up Ballu since starting, which I mentioned in my case details.


 


I feel bad that I am wasting your previous time with these forth and back e-mails. Thank you very much. God bless you!  


 


With best regards.


Bina


 


 


Considering your surroundings , your age and your economical state ,

it will be foolish to suggest you to put up a brave front. As it is I

do not know from where you got the strength to reach up till here. I

am sorry I cannot be much of a help to you. Take care. Have faith ,

believe in self and God. I know these are mere words but in the

existing circumstances what to do? You/Your Lawyers handling the case

at that end are the best judges of what to do and what not to do as

you/they are aware of all the situation.



 Bye

             Adv Rajan Salvi.


 


 


Dear Rajan,


 I apologize if I have used any harsh words, please don't take anything ersonally. My strength or lets say "never to die spirit" comes from the genes/atmosphere I have been grown up. My grand father, a soldier died while fighting WW1 in France. My father fought in WW2 and later joined INA, he used to show us the marks all over his body. He taught us what bravery means. My only brother attained martyrdom in 1962 war with China. These great souls are my motivation, inspiration and everything. Thank you for everything. Wish you the best success in your carrier. Goodbye.


With very best regards,


Bina.




 


people /Querries/clients come in all shapes and sizes.


 

Rajan Salvi (Lawyer)     19 November 2008

Mr Bhatia, Shree , Shrinivas , i am waiting for your response.

Sushil Kumar Bhatia (Advocate)     19 November 2008

Mr.Shri Rajan Salvi,


                         Good Morning ,This forum is not battle field .The best advocate who honour his client and understand his problems thoroughly not to criticise him /her  about her past and present  activities mrs Bina fighting her legal fight peacefully as of her right of property she has never use musclepower in this regard we should respect our clients and also respect the legal querry in this forum and share our legal knowledge being legal professionals,kindly avoid these types of things in this forum wish you good day !!!


 

Rakesh (Juris Doctor (J.D.) student)     19 November 2008

Salvi bhau, THAAMBA>>THAAMBA


ab yeh kya likh kar baith gaye Salvi ji? What’s the purpose behind this lengthy post? I am sorry but I am unable to understand the logic behind it, what you want prove now? Bina ji is senior and respected member. She has not said anything wrong in thread. If you have some issues write to her directly.


Moral: I am LLB 2nd year student but I should write advocate in profile because without writing advocate in profile you are at risk of harassment.  

Shree. ( Advocate.)     19 November 2008

 


 Dear Brother Rajan Salvi,.

 


    It is better to have enough ideas for some of them to be wrong, than to be always right by having no ideas at all is my policy.

 


However by offering advice we tend to expose a certain point. This in a manner of speaking is somewhat judging... I mean it is our nature to judge and offer advice based on our professional experiences. Does this mean we are always right and never overly harsh? No of course not but in the end we are only human. We can try our best not to offend or hurt someone but sometimes even with the best intentions you may offend.  People come here for help, support, and advice. There are many kind and genuinely friendly people here. So ,please don’t  take it serious issue. Past is past .Leave the matter Sir. Carry on your Great work in LCI forum.



 






As I already guessed rightly about your character in our MNS thread I want to remember you Sir, "I know that behind that beautiful strong voice, there is a beautiful and strong person.


 Have a nice day/eveng. Rds, Shree.

Srinivas.B.S.S.T ( Advocate)     20 November 2008

 Leave it Rajan Sir, past is past. Lets all proceed together and cherish the moments of login in this forum as our friend Shree said. Regards Srinivas BSST. 

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