Suresh Babu Rai
06 February 2016 at 13:13
Morning All!
Herein Telangana! If aggrieved by the orders/proceedings such as mutations (ownership) and entries in the revenue records passed by the Thahasildar an appeal lies with the Court of RDO (Appellate Authority under ROR) in challenging such proceedings.
Accordingly aggrieved by in a proceedings, I have filed an appeal before the RDO/Appellate Authority under ROR and the very appeal is allowed in my favour with a direction that the entries in respect of X are fake and ours are genuine. (A revision lies to the Joint-Collector within thirty days and I have filed a caveat before revision authority) on behalf of my client.
Meanwhile my client has received a warrant of injunction from the civil court. (Surprisingly basing on the latest Pahani {Entry in the Revenue Records} issued by the Thahsildar, whose proceedings were set aside in an appeal the court pleased to grant exparte injunction). On bare perusal of the copies and documents thereto (filed by the X) the X has suppressed the material facts and got exparte injunction against my client in spite of filing revision passed against hr.im with the Court of Joint-Collector.
My client approached the Thahasildar (whose proceedings are set aside in an appeal) to enquire that what made him in issuing the latest pahani 2014-15 in favour of X, in spite of directions in appeal, he said that neither himself nor his subordinates has issued such latest pahani and the same is found forged, fabricated, manipulated and created. It seems that the X has obtained the pahani for the year 2011-12 on 20.01.2016 and fabricated the 2011 as 2014 and 2012 as 2015 in order to appear the same to the court as 2014-15, dated 20.01.2016, but according to the office they have not issued the pahani for the 2014-15 but issued 2011-12 on 20.01.2015 when X approached and informed them that he is filing a revision.
I have lodged to complaint before the office, enclosing the copeis served from the court to my client stating that ‘whether the said pahani 2014-15 is issued by them or not’ and the same authority has issued a memo to the X asking him to produce the same. The office also informed that they will take criminal action for forging their records and asked us to summon them to the court of law to depose the same.
The application under 39, R. 1 and 2 of CPC stood for appearance of my client wherein the Hon’ble Court pleased to grant exparte injunction without knowing the forge.
I never come across with such type of practice, even the court staff also shocked knowing this, please advise me further………
Thank you one and all….
Suresh Babu Rai
01 February 2016 at 12:56
In a suit for specific performance of agreement, the plaintiff has filed the suit against the defendants and during the course of trial he become bed-ridden on medical grounds and admitted in a hospital for more than two years. The court has commenced trail and the wife of plaintiff was examined as PW-1 and deposed the health condition of her husband. The PW-2 and 3 have attested the suit document and examined in chief and cross. The defendants also led their evidence.Finally the matter is posed for arguments. At this junction after laps of five years, the plaintiff cured and become competent to lead his evidence and filed a petition to reopen the matter praying to recall him in to the witness box by filing his examination in chief by way of affidavit. All the way other side is strongly opposing the matter and they have taken the plea in their counter that after laps of time and after closing the evidence by either side the plaintiff cannot be entitled to enter in to witness box. What would be the fate of the plaintiff !
Suresh Babu Rai
01 January 2016 at 12:37
To,
Respected Experts!
First I would like to convey the New Year greetings to you and all the members!!
As a matter of fact one of my client did his Graduation in Engineering (CIVIL) from VNIT, Nagpur. The L & T Company has sponsored him under L & T Hydrocarbon- IIT Scholarship for the Post-Graduation from IIT- Madras in M-Tech (Off-Shore Structural Engineering). On completion of the course of Post-Graduation, the company has send an offering letter to him to join and serve the company for minimum guaranteed period of five (5) years as per the agreement. My client has joined the company under these following terms and conditions laid by the company:
1. The minimum guaranteed period of employment is five (5) years from the date of joining, accordingly my client has joined the company in the month of July.2015.
2. My client has undertaken that, upon failure to observe and/ or perform any or all the terms and conditions therein, to pay on written demand unconditionally and without demure a sum of Rs. 6, 50,000/- to the sponsor company as liquidated damages. A written intimation by the sponsor company that the candidate has failed in his performance of the terms and conditions herein is sufficient notice for invoking this clause, and failure to do so will entitle the company to realize the said sum by legal means including interest thereon at the rate of 12% per annum till such payment is realized.
3. In case of disputes or differences arising out of or in connection with the said agreement that would be resolved by a sole Arbitrator in accordance with the Arb and Cons Act. 1996.
4. During the course of employment, my client has appointed and joined with the company at Bangalore-India.
5. It is the sixth month of his employment and he is regularly drawing from the above company.
6. It is most unfortunate that, all of sudden the father of my client fell sick and in need of regular DIALYSIS and also his mother undergone for a major surgical operation of HERNIA.
7. My client now and then assisting them for medical aid and meanwhile, he has appeared for the recruitment of AE’s (CIVIL) in TS Genco-Hyderabad. My client belongs to Hyderabad in fact. In the result, he has got 10 rank of the state.
8. According to the rules and regulations of the recruitment board, on should get no objection from his employer (If employed anywhere).
9. According the sponsor company one should intimate the termination of employment prior three (3) months i.e. resignation.
10. My client is economically poor and unable to pay the sum of Rs. 6, 50,000/-, which he has to forgo to the company, but he can pay the same within installments. In fact, he has incurred huge amount for the treatment of his parents.
11. Whether my client can request the company to accept his resignation and to refer the matter to a arbitrator for amicable settlement i.e. to allow his to pay the sum of Rs.6, 50,000/- within monthly installments.
Please advise me suitably…
Suresh Babu Rai
15 December 2015 at 09:43
Dear Experts!
I have filed a complaint for the offences U/Sec. 138 R/w. 142 of NI Act against the sole accused. The accused pleaded not guilty and during the course of my cross examination has shown me a non-judicial stamp paper wherein it is mentioned that the cheque was obtained towards security and I will not deposit the same until one year. I have denied the contents of the said NJS paper and also denied my signatures thereto. The defense counsel did not confront the same to me and also failed to mark the said document. The matter is adjourned for defense evidence. I am reputing that the said NJS stamp paper not marked or not confronted to me, but got filed through a memo.
The accused without entering into witness box has filed a petition U/Sec. 45 of Evidence Act praying the Hon’ble Court to send the non-judicial stamp paper, dated 23.07.2012 to the experts to compare my signature. My query is that whether a document without marking the same or without confronting to me can be sent to an expert U/Sec. 45 of Evidence Act. Whether the court will entertain such application.
Thanking You,
Suresh Babu Rai
23 August 2015 at 11:30
Respected Experts!
The wife ‘C’ (late) of my client ‘D’ was the only daughter of A & B, whose marriage was performed on 17.01.2014 as per the customs and traditions prevailing in the Muslim community, the C & D blessed with a female ‘E’ (Minor, born on 27.11.2014, now aged 4 months). C was suffering from breast cancer, but A & B suppressed the same and got the marriage. The Gynecologist diagnosed informed that since past a year, C was suffering with the cancer and C died due to cancer on 19.12.2014 i.e, after three weeks of her caesarian.
The last ceremonies performed and D very much attended. A & B, soon after the death of C changed their color and abused D for one or other reason even there is no fault of him. They forcibly took the custody of E from D and refused to handover. That since the date of death of the C, the E is with the A & B. There would be no welfare for E, if she continued with the A & B as the B is also suffering with the similar cancer and bed ridden. A & B are senior citizens. That the best interest and bright future of E demands that she should be placed under the care and custody of D immediately and further D being the fit and proper person entitled to act as guardian of E. Moreover, E is the only legal heir to the family D and there is no other child born. D repeatedly requested the A & B to place the care and custody of the E to D for her bright career and future, but the AB without any reasonable or probable cause refused to do so. D got issued a legal notice demanding the AB to place the minor child within ten (10) days from the date of receipt of legal notice. The AB tendered a reply notice wherein refused to place the custody of E into the hands D. As such I have approached court of law against the AB U/Sec. 10 and Sec. 25 of Guardians and Words Act-1890.
The AB appeared before the court and denied all the contents of my petition and more particularly alleged that “ the legal position laid down by all courts including the apex court that the principles in the relations to custody of the minor child are well settled in determining the questions as to whom should given priority who should be given custody, the paramount consideration is the welfare of the child and not rights of the parties under statue. That according to the ‘Guardianship’ under the Mohammadan law (Shariath) mothers mother is entitled custody in order to priority and therefore the B is entities to the custody of minor in question”.
But so far no such option or judgment is exists till to date! Is it so sir!
Thank you one and all!
Suresh Babu Rai
15 August 2015 at 09:39
Respected Members! A very happy independence day!!
I have filed a suit for specific performance of agreement (Ex.A1). I have also sought a relief to cancel the Ex.A2, a registered sale deed alleged to have been executed by the D1 in favour of D2. D1 much earlier to the Ex.A2 has executed the Ex.A1 in favor of the P.
I have examined three of the witnesses but could not examine the scribe r of the Ex.A1, as he is living in gulf. The suit is become listed matter now and I have also advanced my arguments. The stage of the suit is for defendants arguments. Almost the suit is in my favor as the D2 during the course of his cross examination deposed the” It might be true that the D1 has executed the Ex.A1 in favor of the P earlier to the Ex.A2”. Thus, I have suggested him the he had notice of existence of Ex.A1 much earlier than Ex.A2.
The suit is filed in the year 2007, now the scribe r of the Ex.A1 returned from gulf to my place and he is very much aware of all the facts and execution of Ex.A1.
Whether court will allow me to examine the scribe r as PW-4 who is crucial witness on behalf of the P, if so, what next?
Thank you,
Suresh Babu Rai
04 August 2015 at 18:12
Whether promise to marry a girl (major) is offense under Sec. 420 of IPC.
Suresh Babu Rai
04 August 2015 at 09:50
Court has passed a judgement and decree in favor of the husband/petitioner in petition under restitution of conjugal rights. Court also pleased to furnish the certified copies of judgement and decree. In spite of decree, the wife/respondent neither has joined the petitioner respecting the decree nor has preferred any appeal. Appeal time also lapsed.
What next to the decree sir? Thank you one and all!
Suresh Babu Rai
01 July 2015 at 18:37
Respected Senior’s:
One of my client facing trial for the offences punishable under Sec. 417, 420 of IPC R/w. Sec. 4 of Dowry Prohibition Act. The prosecution version is:
The accused made false promises that he loved the complainant and will marry her, and sexually enjoyed with her. When the complainant asked to marry the accused was refused to marry her, and demanded Rs. 10 Lacks dowry. Due to which the complainant vexed on her live and consumed sleeping tablets and attempt to commit suicide. This is a case of cheating dishonestly by believing to perform marriage and used for sexual desires and used her. The complainant is studying B.tec final year (22 Yrs). Since four years the accused frequently visited the house of complainant. On that process of visiting house the accused followed the complainant induced with false promises that he loves her and he would marry her, threatened her that, if the complainant refuses his proposals he will die by commit suicide. On that the complainant accepted the love of accused and she falling love with him and moved closely. On observing in the same the accused admonish, but he promised that, he loving the complainant and would marry and used her on the name of love. Recently the complainant asked the accused to marry her, but the accused refused. Finally a Panchayat was held wherein the accused demanded Rs. 10 Lacks towards dowry for such marriage. Hence remand.
The Police also filed the charge sheet for the offences under Sec. 417, 420 of IPC R/w Sec. 4 of DP Act and examined the family members and Panchayat elders. Under case dairy part-2.
That during the pendency of the above case, one of our brother Advocate has filed a petition under Sec. 24 (8), R/w. Sec. 302 of Cr. P. C as follows:
The petitioner herein is a victim of sexual offence and needs assistance in understanding her rights, the procedure of trial and also assistance during the trial and if needed to take steps on her as permitted by law. As per the charge sheet, the crime perpetrated is under Sec. 417, 420 of IPC and Sec. 4 of the Dowry Prohibition Act. The complainant in the present case and the evidence collected by the Police in terms of Part-II statements, show the commission and culpability of the accused Under Sec. 376 (punishment of rape) in addition to the charges listed on the charge sheet and there needs a petition for addition of charges through the Public Prosecutor subject to the discretion of Public Prosecutor. It is prayed that the court may be pleased to grant leave to have the counsel for victim.
The petition is still remained unregistered and the JMFC sent the same for check and put up, directing the so called Advocate to furnish me a copy of the same enabling me to file counter.
Now the question is;
Whether the JMFC can permit an individual Advocate to assist the APP Under Sec. 24 (8) of Cr. P. C.
The act says:
The Central Government or The State Government may, appoint for the purposes of any case or class of cases a person who has been in practice as an Advocate for not less than ten years as a Special Public Prosecutor.
As per my knowledge the courts will permit the assistance to APP in rare and rarest cases, but not in a common case like case of my client. Taking the facts and circumstances, the above case does not fall within the ambit of Sec. 376 of IPC.
Can I file my counter in detail defending the subject matter of the petition filed under Sec. 24 (8) R/w Sec. 302 of Cr. P. C in dismissing the above petition as the JMFC do not have rights under Sec. 24 (8) of Cr. P. C.
Need Suggestion.
Thank You One and All.
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Res-judicate!
Good Morning Sir! Its Res Judicata!!
I have filed a civil suit for perpetual injunction against the sole defendant before the Junior Judge's Court in the year 2010.
The said court pleased to grant ex parte injunction on the day of institution of the plaint along with its application U/O.39, R.1 & 2 of CPC against the sole defendant restraining from interfere in to suit land.
The sole defendant filed her counter affidavit, but did not choose to advance her arguments in the above application U/O. 39, R.1 & 2 of CPC, hence the ex parte orders are still in force and the said application is still pending for enquiry.
As natter stood thus, the sole defendant before the Junior Judge's Court has filed another suit for perpetual injunction against us in the Senior Civil judge's court on 16.01.2016 basing on some false documents and by suppressing the earlier suit pending with the junior civil judge's court. The COurt without pleased to grant ex parte injunction orders against us in the application U/O.39, R.1 and 2 of CPC.
I have filed the copies of earlier suit in the former suit, where the Senior Civil Judge's Court pleased to grant ex parte injunction against us. I have clearly and categorically submitted my counter and the Court pleased to dismiss the application filed U/O. 39, R. 1 & 2 of CPC and vacated the ex parte injunction in our favour
Now the point is! whether the former suit filed by the sole defendant in my earlier suit on the file of Senior Civil Judge's Court by suppressing the materiel facts is hit by Sec.11 of CPC i.e principles of res-judicata or not? What will be next step?
Thanks one and all! Have a great day!!