hiteshsodi (drafting) 03 April 2010

Land Fraud

I am Hiteshbhai from surat. kalpanaben's husband bought an industrial plot in 1989. In 1996, he gave power to Bharatbhai (he got money as per market value from bharatbhai). Bharatbhai sold that plot me (Hiteshbhai) in 1998, and kalpanaben's husband knew that. Now, Kalpanaben's husband died in 2008. Some fraud brokers went to kalpanaben and show her the dastavej of 1989, which was dastavej of her name and told her that "this plot is yours and some persons grab this land and they will not give it to you anyhow. They want to make dastavej and they will give you 50000 rs. kalpanaben didn't know that this plot is already sold in 1996 by her husband, so she agreed to do so and did another dastavej to Amrutbhai in 2009 september. Amrutbhai is big land grabber and do not want to leave my plot. So we made sattlement with kalpanaben, she gave me 4,00,000 rs for my plot and cleat the matter in favour of Amrutbhai. Now, what should we do to cancel one dastavej, either my or Amrutbhai's?

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Preet Sandhu (Student) 01 February 2011

A is working as a Driver with the Managing Director (MD) of Food Corporation of India (FCI), a central govt. undertaking for the past five year at Chandigarh.

On a usual day of work, the MD instructed the driver to get some important document signed from the Ambala Branch. The MD added that he must report back to duty before noon the same day.

R, a Driver in a private concern- Jayco Co. A’s cousin used to live with him. When R came to know about A’s visit to Ambala the next morning, he offered him lift as he was also going to Ambala for Co’s work. A agreed to accompany him and the two started in Jayco’s Co car at 8 am.

On reaching Ambala, R dropped A at the FCI branch while he himself accomplished Co’s task, on his way back. R picked A and started journey back to Chandigarh at around 10.30 am

On the way back, near Derabassi, A insisted R to let him drive, as it is not very far off and also that R should take some rest. After much insistence, R yielded and handed over the steering wheel to A.

A drove at high speed and the vehicle could not be controlled by him. As a result, at a blind turn, the car collided head on with taxi approaching them from the opposite side. Two passengers alongwith a child and taxi driver got severe injuries. In this accident whereas A died on the spot and R died on the way to the hospital.

Legal heirs of A filed case against FCI.

Legal heirs of R and Jayco Co are filing cases against legal heirs of A and FCI.

Taxi driver and passengers are filing cases against R, Jayco Co, A and FCI.

ARGUE FOR LEGAL HEIRS OF R and Jayco Co.

Pls help with the deciding Case Laws