nanu
14 April 2022 at 17:33
Respected colleagues & Friends,
I am a senior citizen of 74 years, have experience in legal matters from lower court to Apex Court. In the past collective wisdom of experts of L/C was very helpful. Indeed grateful.
PRESENT MATTER
(A) “R” was the owner of a plot in Lal Dora/Agricultural /Gramsabha area. We In 1997 started a school.
(B) Society formed making R Addl Secretary & myself Chairman in MOA. We were very friendly. R wanted to sell the property to the school as he was diabetic also,and he bought some stamp paper in 2008 and made GPA/SA/AFFIDAVIT/RECEIPT etc in Principal’s [my wife’s] with a promise to register the documents as registration was not mandatory of Lal Dora area & he had taken 15 Lakhs. [In a similar way he had carried out transactions of 3 plots thru GPA route at that time ]. The documents were witnessed and duly notarized. He mysteriously died in July 2008 at his home and property could not be registered.
(C) The school was running very well by our efforts. The lady said to be his wife alongwith gunda-looking elements, out of greed, barged into the school premises and threatened and asked to vacate the place.
(D) Supeme Court had made Registration mandatory only after 2011 with prospective effect in the case: Suraj Lamp v/s State of Haryana. As stipulated in para-18 of the judgment, a Specific Performance suit was filed by us. In retaliation, she filed a case for eviction etc.
(E) Though about 7 complaints were made to Police from top to bottom, no action was taken whereas in retaliation FIR was filed against the Principal alleging forgery. The Addl.SHO [friend of the lady] who initiated FIR and called the lady principal to P.S. in violation of S-160(1) CrPC. With the connivance of his superiors-nexus, EOW’s Land Grabbing Branch was roped in even though the property was in peaceful possession and also according to Functional Requirement Parameters [as per RTI reply received] they can take up cases of more than 2 also crores only, whereas according admissions and Circle Rates, it cost less than 20 lakhs had locational disadvantage.
(F) S/C had generally observed that land-grabbing is a lucrative source of police corruption. It is reliability learnt that Police had taken 7 lakhs from the lady deceased’s said wife. I/O EOW demanded bribe from us but on two occasions he sent a third person to take the bribe at two different places and hence could not be trapped. The Principal was arrested at the behest of the said lady, from school but arrest location shown as different. A false charge sheet was filed fabricating evidences by EOW. Though exonerated by FSL, she was sent to J/Custody by a MM who ignored principles of audi altream partem, e.g. refused to examine I/O’s phone location etc, and made false charge but sessions observed that it is a civil matter and bail granted.
IN ADJ COURT [HOSTILE WITNESS]
Police threatened the witnesses and she also admittedly on oath filed cases against them and helped them in some vehicle financing cases. Naturally they became hostile and concocted stories. EOW freed them of charges. But another witness exposed them by way of statement.
Whereas ADJ passed order completely favouring the said lady. Miscarriage of justice arose from erroneous appreciation of evidence, insignificant discrepancies and inconsistencies [Ramesh Harijan v. State of Uttar Pradesh, AIR 2012 SC 979]as explained in the Law Commission Report N0. 277.
Appeal filed in H/C and is on board and arrears of rent etc was deposited in H/C and she prayed for payment.
I WANT TO INTERPLEAD AS THINGS SEEMS TO HAVE NOT TAKEN UP PROPERLY.
WHETHER ANY ANNEXURES CAN BE PUT IN INTERPLEADER SUIT IN DELHI H/C ? WHICH IS ALLOWED IN S/C. ANY OTHER USEFUL TIPS/ POINTS EXPERTS FEEL USEFUL, MAY PLEASE BE GIVEN. SHALL BE OBLIGED.
Antony Roy Dsa
14 April 2022 at 14:53
Is the experts advise about Names on the Society/ Associations board at the entrance a law in itself and is it applicable in the state of Karnataka. If so how do we refer to it.
Shital bafna
14 April 2022 at 11:28
HI All, I had filed 1 compensation claim towards MACT ,Maharashtra in 2008 which was given judgment in July 2016. Later Opponent insurance co went into Bombay H/C appeal in 2017 and later they withdrawn Appeal in 2021.
Again After Insurance co Withdraws appeal in 2021. MACT should ideally align with Prior judgment given by them and continue in line with same by passing order to give compensation to claimant in line with Judgment given by them. But they given order which is not correct as per prior judgment.
In such case can Claimant applicant file review or revision in same court to highlight same and get order reviewed and corrected instead of going into high court again?
Anonymous
14 April 2022 at 09:32
We had filed a suit for declaration and permanent injunction for the ancestral property. It consists of three brothers.
The suit was filed against the two brothers. However, after filing the suit we noticed revenue records were changed to his son's name for one of the brothers
In the written statement also Defendant did not take the plea that property is partitioned among his sons. will it affect the case?
GOPAL SINGH BHAKUNI
14 April 2022 at 07:20
I came on deputation to Central Administrative Tribunal from Border Roads Organization which is also a central government department. During my deputation period of 2 years and 3onths I got absorbed in the borrowing department after getting NOC from my parent department.y question is (i) Whether I have to resign technically from my parent department (ii) Whether my lien is to be maintained at my parent department for a period of two years from the date of absorption. (iii) iIs is possible that i may able to repatriat to my parent department.
Anonymous
13 April 2022 at 21:02
We are interested to get our society registered in bangalore under 1972. But recently we checked with RERA and as per RERA it is being advised to register under Cooperation Society act 1959.
Now we are confused as we are more a group of residential apartment ,so which law to follow ? what are the requirements to get the society registered under these act?
how are these act different -which has more legality and reserves our right as owners or the society ?
shyam lal
13 April 2022 at 14:48
What is the Legal term used for division of immovable property on " percentage basis" and not by metes & bounds.
Amarjit
13 April 2022 at 14:12
Respected Member
What is Hindu Succession Act 1956.. Section 14,15 & 16 (What is the interpretation of General Rule under this Act)
Regards
praveen
13 April 2022 at 13:12
Can a purchaser who acquired property during the pendency of the suit and is in possession of part of the schedule suit property for more than 12 years during the pendency of the suit claim adverse possession?
Purchaser has filed for permanent injunction suit in the Trial court for part of the schedule suit property acquired during the pendency of the suit.
The original suit against the seller is still in the high court.
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Partition deed
my legal case is going on in court,my step brother has submitted xerox copy of my father partion deed of 1981,the xerox is not readable as the judge asked for original his advocate replied that the deed is misplaced/ lost.so pls guide me what steps can i take.