krishna
05 July 2016 at 08:08
Honorable experts
My mother has got 2 acre of paddy field on her name also holding pattadar on her name . My uncle along with ancestral properties of paddy look after my mother paddy field too .
uncle pay tax for both ( ancestral property and my mother property) in is name for last 5 years . Uncle is non married aged 83 having 3 sisters and 7 nephew and 3 niece . He dont have any other income to live . Now let him continue as it is . After his death
1 will mother get her properties back in her name
2 as he have 2 other sisters and nephews will mother property divided as because tax is in his uncle name ?
sridhar pasumarthy
05 August 2014 at 01:31
Respected Experts,
A suit was filed for prohibitory permanent injunction seeking to restrain the defendant from interfering with the plaintiff's possession and enjoyment of suit property.
As temporary injunction was not granted, pending suit, defendant encroached portion of suit property and made some constructions over it.
It was more than 3 years that the encroachment was made. But plaintiff's counsel did not choose either to amend the plaint for mandatory injunction or to withdraw the said suit and file a fresh suit for mandatory injunction.
As you know well that limitation for suit for mandatory injunction.is 3 years, which was expired already in this case.
My queries are:-
1. Whether plaintiff can withdraw his suit and file a fresh suit for recovery of possession to avoid the bar of limitation?
2. Can he seek any other relief?
Pls give your valuable suggestions.
Sonia Prabhu
10 May 2014 at 16:59
Dear Experts an interesting question:
I had two petitions in Bombay HC, which got disposed in July 2013 and on 8th Ag 2013 and in these petitions state was represented by APP Adv XYZ. In Jan 2014 the same APP Adv XYZ has been appointed as the Hon'ble Judge of Bombay HC.
Today I have few new petitions filed before Bombay HC.
Will it be the case of 'NOT BEFORE ME' i.e can I pray fora diff bench if the matter is placed before this new judge?
Sonia Prabhu
01 May 2014 at 11:56
Dear Experts this is in connection with Sec 301 Crpc.
In order to keep control over the stage managed criminal trial (between Accused and APP), if a Victim who is also a Witness wants to assist the APP himself /herself and not through any pleader, then in such a situation can the Victim / witness make an application under sec 301 crpc and will it be allowed ?
Kindly guide me if there is any other provision that the Victim can avail in the interest of justice.
Sonia Prabhu
30 April 2014 at 18:18
In my Criminal Trial charges have been framed and the court has issued summons to my brother as a Witness (my brother is a witness and first informant and victim in this case).
Thus he (witness) wants to file an affidavit on oath before going for cross and chief. But the APP says there is no such provision in Criminal Trial.
Can you please guide under which sec can my brother who is a witness and first informant and victim in this case can file the affidavit in order to put more evidences and facts on record. And so that no fabrication of cross examination is done
Sonia Prabhu
16 April 2014 at 18:42
My query is,
is Sec 257 Crpc 'Withdrawal of complaint' applicable in warrant cases too. Where trial is for changes;such as : 326,and dacoity,ie cognizable and non compoundable offenses. Can the original complainant / first informant file an application under sec 257 in such cognizable non compoundable offenses?
Sonia Prabhu
29 March 2014 at 11:06
To make Cognizance of an offences in a Cheque Bounce case can a complain be filed with the respective police station under sec 420 IPC?
Or is it necessary to file a case under sec 138 Neg Act first and only then file a complain with the Magistrate?
Sonia Prabhu
27 March 2014 at 18:29
Dear Experts your advise has always been of great help. Today too I need your help once again.
This is regarding filing an appeal against an order which is issued in an application moved during the pend-ency of a Criminal trial.
Facts:
The first informant and original complainant had moved an application u/s 302 Cr.Pc before the LD Magistrate for seeking permission to Prosecute the trial. The Ld Magistrate took the say of the Accused while deciding this issue and rejected the application and gave the order in favor of the accused.
Now the Applicant wants to challenge this order.
My Question is :
1)As this is not the final judgement of the trial and it is the order issued in an application, What should he go for an Appeal or a Revision.
2)And what will be the jurisdiction.. Sessions court or HC?
Sonia Prabhu
09 December 2013 at 23:07
I am the first informant , complainant and victim of a criminal case. Hence under sec 302 cr pc I have made an application before a trial court for granting me permission to prosecute the trial.
As this sec is directly related to prosecution and it is a matter to be decided between the magistrate and the complainant I did not submit any copy of the application to the accused, but the court has made a verbal order to me to give copy to the accused as she will be taking their 'SAY.
My Query :
Can I challenge this act of the magistrate as I feel accused cannot be given an opportunity to decide who the prosecutor will be .
Kindly guide me under which sec can I file a Writ Petition
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property
my great grandfather property after his death transferred to my father and his brother not by gift or will. I have any right in that property, he has any right to sale