LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arun kumar   24 April 2019 at 22:10

Mushtarka land

Hlo sir,

please tell me can i construct building in mushtarka land nishandehi is not done on that property.and please also tell me the procedure for construction.

Amit Joshi   24 April 2019 at 20:48

Sec. 156(3) of crpc or State Police Complaint Authority

Hello, myself Amit Joshi. I have given written criminal complaint to police station about a crime that was happen under section 420, 468, 34 of IPC along with supporting documents as evidence. Complaint clearly shows that cognizable offence has happened. But Police did not file FIR about the same and they told me that your case is civil case and as you are already filed civil suit about said property then you can't file criminal complaint simultaneously to police station. And they have given same to me in writing along with their stamp and signature and said orally to go court under section 156(3) and get order from court then they will file FIR AND investigate.
Therefore in July, I filed complaint u/s 156(3) to court but in August 18, court has taken cognisance in sec. 200 of crpc(private case) rather than to treat it as 156(3) and order police to file FIR.
Therefore, I approached session Court (higher authority) for revision. And such revision petition is currently pending before that court as on April 2019 because notice is not served to opposite parties till.
Meanwhile, one of the party against whom I filed criminal complaint to police station has filed false FIR against our family under SC ST (prevention of atrocities) act, in that false FIR we got anticipatory bail from court but immediately after 2 days of giving anticipatory bail by court that person again filed false FIR against us. Then we again approached court, and again court has granted anticipatory bail to use. But while grating bail to us court has required us to attend police station daily for one month. I father is 70 years old and I am currently pursuing CA final exam it is like mental and physical harrasment to us. We are plaintiff and we are required to attend police station daily.
During this period, I have searched internet about false FIR and what to do if police not file FIR and then I come to know about state police complaint authority and state human rights commission and their rights about non filing FIR. I live in state of MaharashtraI and want to ask you following
1) Can I now complaint to "State Police Complaint Authority" about Police not filing FIR where my complaint clearly shows cognizable offence has been happened while Revision petition is currently pending before session court ?
2) Can I now complaint to "State Human Rights Commission" about Police not filing FIR where my complaint clearly shows cognizable offence has been happened while Revision petition is currently pending before session court ?
Thanks in advance.

Sushil kumar   24 April 2019 at 18:46

Perjury complaint

Dear Experts
Please advise on: the plaintiff in the civil case given false statements, a perjury petition is filed and in process in civil court / CJ JD /JMIC
The same person as accused Us IPC 448, given false statement in CJM court, statements are the same in both courts, false and frivolous proved document on both court records. Please advise 2nd perjury petition can be filed in CJM court. ??
Thanks and Regards
Sushil Kumar

chirag patel   24 April 2019 at 18:45

Can i file criminal charges for discrimination and harrasmnt

On which grounds can agrieved employee files criminal charges against the employee of an employer for harassment and discrimination by not giving regularisation though there is order by supreme court. How criminal case can be filed in court of law. Civil case already filed. can criminal case paralelly can be filed.

please advise.

Rakhi Jadav   24 April 2019 at 17:42

Nuisance from neighbouring shop

My neighbouring shop is creating noise and air pollution. He is a carpenter. Because of his work lots of wooden particles spreads in air. Which goes in my eyes and nose. His work creates lots of noise because of it I couldn't communicate with my client. He is a tenant. This is residential complex. I complained to secretary of Co operative Housing Society. They are not taking any strong action against. His leave and license agreement is void because it is with previous owner who has sold his shop. I complained to owner. He is also informing because he wants rent. I complained to police. Police said that we can't do anything in this matter. He suggested to go to municipal corporation. I don't understand what to do. Is this matter comes under section 226 IPC and section 133cr pc. Please suggest. Thanks

RISHI RATHORE   24 April 2019 at 17:06

Regarding caste certificate

I am an OBC candidate but at the time of graduation and post graduation, I have passed as general candidate because I didn't produce my caste certificate. But now, I am preparing for UPSC and I have all valid documents related to caste certification. So i want to ask , could there be any problem regarding that when verification will be done by auhority.

Rohit   24 April 2019 at 12:15

Gratuity

Hi
I have served a IT company for 4 years, 11 months & 13 Months.Will i get eligible for Gratuity.If Yes, What if Company Finance Team denied to release Gratuity, what action i could take.
Please suggest & guide.

suneetha Jain   24 April 2019 at 10:47

Can the defendant harass plaintiff without filing counter

Sir, My Brother was terminated in 2012 by Andhra Bank citing non disclosure of pending case at the time of appointment in 2010 (It is a false case related with matrimony which was closed in the year 2009 among the families and in 2012 officially in Lok Adalat 6 months before termination and the copy is submitted to Bank) We went to Hon'ble High court in 2012. The Hon'ble High Court considered our request and asked Bank to reconsider the matter in 2017. But, Andhra Bank is adamant on its stand and did not consider the order of Hon'ble High court. So, we went to Hon'ble High court again in 2017. But, till now, Bank didnot file its counter. Our advocate is saying that with out the counter, we cannot request the Hon'ble Judge to give ex parte judgement. I request you to kindly advise.

rosemerrymarlo   23 April 2019 at 18:36

Society non occupancy charges

Society is in mumbai and flat is rent out by owner.
current society bill is as per mentioned below.
1) Municipal taxes - Rs. 1206/-
2) Maintenance charges - Rs. 1313/-
3) Sinking fund Rs. 131/-
4) Education cess Rs. 10/-
Total Rs. 2660/-
Now my question is how much non occupancy charges will be?
will it calculate on entire bill or only on maintenance charges?
Please Seniors suggest.

Ansari   23 April 2019 at 18:07

Tanency transfer

I have a room in a chawl in mumbai , which is in my grandfather's name, i have 2 sister and 2 brother currently my elder brother is living in the same room, but my father gave me affidavit at the time of death of my father ,that this room belongs to my second son i.e me after my death can i be able to transfer the said room to my name (note : my father had a elder brother who is also a deceased but his childrens are there )
Note : (do i need NOC from all the heirs after having affidavit of my decesed father )
Please help