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at your mercy   28 July 2024 at 15:51

Contempt of court



1. I bought a property through an auction under the SARFAESI Act and received a sale certificate and possession. The Indian Bank, as the secured creditor, got an eviction order from the Chief Judicial Magistrate (CJM) of Salem on 09/11/2021 to help you take physical possession of the property.

2. After taking possession,I did some repairs, updated the property records, and completed the necessary registrations.

3. On 23/01/2024, the original borrower forcibly entered the property, breaking the locks, and is currently occupying it. my belongings are still inside.

4. I filed a First Information Report (FIR) with the police, but they were uncooperative and delayed registering the FIR by 60 days, only doing so after you approached higher authorities. The court has now recognized the crimes committed by the borrower.

5. Ifiled a writ in the Madras High Court, which advised using Section 14 of the SARFAESI Act in the CJM court. However, some lawyers believe that since this section was already used by the secured creditor, I cannot use it again. I have also filed a civil suit under Section 6 of the Specific Relief Act (SRA), which is yet to be heard.

6. The borrower's case is still pending in the Debt Recovery Tribunal (DRT), and he has been delaying the process with various applications. He has deposited some drafts into the loan account, but they couldn't be credited because the account was frozen. Now the amount is in a temporary account. The borrower is making claims about the reserve price and notice issues.

7. I am considering filing a contempt of court case in the CJM court, which had issued the eviction notice, due to the borrower's actions.

please advise thanks

Suwarn   28 July 2024 at 15:13

Self acquired proeperty

Does below statement holds true .
"On partition the ancestral property comes into the hands of individual
persons/coparceners, then it has to be treated as a separate property and
such a person shall be entitled to dispose of the Coparcenery property
treating it to be his separate property."

Ashish Panchal   27 July 2024 at 22:59

Parking by neighbour

I am staying at last house at lane of co op society wi 20 feet drive way. 2 neighbours are parking their car such a way that I can not drive in or drive out my car and everytime I have to call them to shift their car. In such matters what is the best way to do?

bharat khatwani   27 July 2024 at 21:45

Support needed to address unethical practices

Dear Members of the Public,

The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for existing ethical guidelines among some advocates.

The Problem: Baseless Claims in Legal Notices

I conducted an experiment on a legal forum (Pathlegal) to investigate this issue. I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Disturbingly, most advocates showed no reservations. This indicates a failure to adhere to ethical standards despite clear guidelines.

Personal Experience

Recently, my tenant claimed INR 400,000 for renovations after 24 years based on an alleged oral agreement with my father in 1999. This claim contradicts the Statute of Limitations and lacks credibility. Unfortunately, such baseless claims are becoming increasingly common.

Ethical Concerns and Recommendations

To restore public trust, I urge the Bar Council to:

Review and Reinforce Existing Rules: Ensure guidelines are widely understood and adhered to. Develop campaigns to educate advocates on their ethical duties.
Enforce Disciplinary Measures: Implement stricter consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims. Enhance the capacity of disciplinary committees to act promptly.
Promote Ethical Advocacy: Strengthen guidelines to prevent frivolous lawsuits. Implement mandatory continuing education programs on ethical conduct.
By taking these steps, the Bar Council can deter unethical practices and reduce frivolous lawsuits, leading to a more efficient and just legal system.

Support the Petition

I have uploaded this petition at Change.org. Please support it to help establish the rule of law and restore public trust in our legal system.

Read more at: Lawyers Club India

Thank you for your support.

Sincerely,

Bharat Khatwani PS. This is being reposted to make sure that it is not ignored just because it was anonymous.

bharat khatwani   27 July 2024 at 21:32

Request for assistance: alleged misconduct by advocate

After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To: Bar Council of India, New Delhi. Pl. suggest corrections to improve this draft. Date: [Insert Date]

To:
Bar Council of India
New Delhi

Subject: Complaint Against Advocate [Advocate Name] for Professional Misconduct

Dear Members of the Bar Council,

I am writing to formally lodge a complaint against Advocate [Advocate Name] for serious professional misconduct.

On [Date], I received a legal notice containing false and unsubstantiated claims. Specifically, the notice alleges exorbitant repair costs amounting to a sum equivalent to 150 years' rent, false claims of rent deposits into my bank account without supporting receipts, and other unfounded accusations.

Specific Claims and Refutations:
Time-Barred Claim: The notice asserts that the tenant spent Rs. 400,000 on renovations in 1999 (equivalent to 120 years' rent) and claims there was an oral agreement with my father for reimbursement. However, such an agreement made in 1999 is time-barred under the Limitation Act, 1963.
Unsubstantiated Claim: There has been no mention of these renovations or the alleged agreement in any prior communication, including a letter dated 10/08/2023, or any electronic messages.
Uncorroborative Claim: Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which contradicts the current allegations.
False Allegations of Rent Deposits: The notice further alleges that the tenant deposited rent into my bank accounts without receiving receipts. This is a fabrication, as there was no such claim about missing receipts in the tenant's prior letter dated 10/08/2023, which was written just before the legal notice.
Evidence of Fabrication:
It is pertinent to highlight that the claims asserted in the legal notice are conspicuously absent from the tenant's letter dated 10/08/2023, which predates the legal notice. Moreover, a thorough review of all prior communications, including WhatsApp messages, emails, SMS, and letters, reveals no mention of these allegations. This glaring inconsistency strongly suggests that these claims were fabricated after the fact.
Advocate’s Conduct:
Despite receiving my comprehensive response refuting the unfounded allegations, Advocate [Advocate Name] has persisted in maintaining the legal notice containing these baseless claims. This demonstrates a deliberate disregard for the truth and a calculated attempt to prolong the legal proceedings. By fabricating these spurious claims and obstructing the resolution of this matter, the advocate has shown a clear pattern of misconduct.
Furthermore, the absence of delivery receipts for multiple letters sent to both the tenant and the advocate underscores the advocate's active involvement in this deception. When I attended a few court sessions in person, I learned that this is a very old trick adopted by crafty advocates because courts usually treat it very lightly. This behavior strongly suggests that the advocate is not merely acting on the client's instructions but is a willing participant in this misconduct.
Violation of Bar Council Guidelines:
Advocate [Advocate Name]'s actions clearly violate the Bar Council of India's guidelines on professional conduct and etiquette, specifically:

Rule 4: Refuse to act in an illegal manner towards the opposition. By persisting with false claims and obstructing the resolution of the matter, the advocate has acted in an illegal and improper manner.
Rule 5: Refuse to represent clients who insist on unfair means. The advocate has continued to represent the client despite knowing the claims are unfounded, indicating a willingness to use unfair means.
Impact:
This misconduct by Advocate [Advocate Name] has caused me significant emotional distress and financial hardship. The constant threat of legal action based on fabricated claims has caused me considerable anxiety and sleepless nights. I am constantly worried about the potential financial burden and damage to my reputation if these false allegations are not addressed swiftly.
The legal notice has already caused financial strain. I have had to incur expenses for consulting with a lawyer to prepare a response to these baseless claims. Additionally, the potential for a prolonged legal battle looms large, which could result in significant legal fees and court costs. This financial strain adds to the emotional stress I am experiencing.
Attachments:
I have attached copies of the legal notice, my response, and supporting documentation for your review. It confirms that the entire legal notice sent by the advocate is flawed and violates Bar Council guidelines.
Request for Action:
I request that the Bar Council conduct a thorough investigation into this matter and take appropriate disciplinary action against Advocate [Advocate Name]. By taking decisive action, the Bar Council can send a strong message that unethical practices will not be tolerated.
I am committed to working with you and stand ready to provide any further information or clarification required.
Thank you for your prompt attention to this serious matter.
Sincerely,
Bharat Khatwani
573, Jawahar Colony P.S. Previous post was posted as anonymous so reposting it with my name for better response.

Jaimit   27 July 2024 at 19:53

Witness statement in different cases

In a case A (498a) the prosecution witness X said that he doesn't remember the date of the alleged incidence. After close of prosecution evidence in case A, at a later date in another case B (divorce) the same witness mentioned the date of the same incidence.

How can the witness statement given at a later date in case B be used by defence as evidence in case A ? If I submit the certified copy of the witness statement from Case B in Case A, will his statements from Case B (divorce) be considered in case A(498a) ? Pls help me with relevant sections.

SK Sharma   27 July 2024 at 19:01

Share of pujari in temple offerings

My father is a shebait/ mohatamim and pujari of a temple situated in Himachal Pradesh. He has also performed puja and managed temple affairs since 1983 to 1997 exclusively.

In 1997, government takeover the management of temple and fixed 20% share in the offerings of the temple to my father as remuneration and also assigned exclusive puja rights in the temple for whole year.

In 2013, the temple administration i.e. SDM distributed puja rights among other brothers who had never performed puja at any stage till 2013.

My father challenged the order dated 02.11.2013 in HP High Court.

On 01.01.2024, SDM made submission before the hon'ble court to reconsider the issue at his own level.

The court accepted his submission and directed him to decide the issue of duty arrangement, distribution of share in offerings and induction of Respondent No. 5 to 7 (brothers of my father).

The SDM denied to decide the issue and continued the adverse order dated 02.11.2013.

My father has deprived of 12 months puja and 20% share in the offerings as remuneration.

Hence, my query is ::

whether puja right of my father and 20% share in the offerings of the temple as remuneration can be curtailed to 1/4th and distributed among his brothers.

AND is there any provision in law that pujari right falls under inheritance.
please advise me.

SK Sharma   27 July 2024 at 18:50

Share of pujari in temple offerings

My father is a shebait/ mohatamim and pujari of a temple situated in Himachal Pradesh. He has also performed puja and managed temple affairs since 1983 to 1997 exclusively.

In 1997, government takeover the management of temple and fixed 20% share in the offerings of the temple to my father as remuneration and also assigned exclusive puja rights in the temple for whole year.

In 2013, the temple administration i.e. SDM distributed puja rights among other brothers who had never performed puja at any stage till 2013.

My father challenged the order dated 02.11.2013 in HP High Court.

On 01.01.2024, SDM made submission before the hon'ble court to reconsider the issue on his own level. The court accepted his submission and directed him to decide the issue of duty arrangement, distribution of share in offerings and induction of Respondent No. 5 to 7.

The SDM denied to decide the issue and continued the adverse order dated 02.11.2013.

My father has deprived of 12 months puja and 20% share in the offerings as remuneration.

Hence, my query is ::
whether puja right of my father and 20% share in the offerings of the temple as remuneration can be curtailed to 1/4th and distributed among his brothers.
please advise me.












Sanjeev Singh   27 July 2024 at 14:31

Misbehavior and document handover by bank

I had a home loan account with a top-up at 9.4% and 11.6% respectively with UCO Bank. The rate of interest was much higher than normal, so I applied for a loan with Canara Bank, which took over the loan at 8.3%. During the whole process, I didn't inform my previous bank because I had all the documents with me except the List of Documents (LoD). I received the LoD with a letter in one day stating it was for my personal use. Once the loan was disbursed, all the outstanding amounts were paid to the loan account. I approached UCO Bank and explained the full and final settlement. The branch manager behaved very rudely with me, said some unethical words, and told me that if he had known this earlier, he would not have provided the LoD in one day but would have taken 10-15 days. When I asked about the deed and all, he said I was not required and that I could authorize someone or they could give it to the co-applicant. He rejected my application for a No Due Certificate and the deed. I took a letter from Canara Bank where their manager stated to please hand over the documents to the Canara Bank official as they have taken over the loan. The UCO Bank manager didn't accept that and threw the letter. After all this incident, I raised a complaint to UCO Bank's head office via mail and stated about the misbehavior and not providing me with the NOC, deed, and all. I also wrote to close my account and hand over my documents to a Canara official or my father because I would not be available to collect them. The next day they called my father, whom they know, and closed my account but did not hand over the No Due Certificate. For the deed, they started telling that they would hand it only to the owner. When discussed about the authorization letter, they said they would check and inform. It's been a week and I have not received my documents from the bank. I was on leave for three weeks during which I did the loan transfer. Now I am not in my hometown. I am in Chennai and they are not telling anything nor accepting any letter. What should I do? Canara Bank sent an email and letter to UCO Bank about the documents and they are not receiving or replying to it.

Anonymous   27 July 2024 at 14:01

Misbehavior, no service provided, document handover

I had a home loan account with a top-up at 9.4% and 11.6% respectively with UCO Bank. The rate of interest was much higher than normal, so I applied for a loan with Canara Bank, which took over the loan at 8.3%. During the whole process, I didn't inform my previous bank because I had all the documents with me except the List of Documents (LoD). I received the LoD with a letter in one day stating it was for my personal use. Once the loan was disbursed, all the outstanding amounts were paid to the loan account. I approached UCO Bank and explained the full and final settlement. The branch manager behaved very rudely with me, said some unethical words, and told me that if he had known this earlier, he would not have provided the LoD in one day but would have taken 10-15 days. When I asked about the deed and all, he said I was not required and that I could authorize someone or they could give it to the co-applicant. He rejected my application for a No Due Certificate and the deed. I took a letter from Canara Bank where their manager stated to please hand over the documents to the Canara Bank official as they have taken over the loan. The UCO Bank manager didn't accept that and threw the letter. After all this incident, I raised a complaint to UCO Bank's head office via mail and stated about the misbehavior and not providing me with the NOC, deed, and all. I also wrote to close my account and hand over my documents to a Canara official or my father because I would not be available to collect them. The next day they called my father, whom they know, and closed my account but did not hand over the No Due Certificate. For the deed, they started telling that they would hand it only to the owner. When discussed about the authorization letter, they said they would check and inform. It's been a week and I have not received my documents from the bank. I was on leave for three weeks during which I did the loan transfer. Now I am not in my hometown. I am in Chennai and they are not telling anything nor accepting any letter. What should I do? Canara Bank sent an email and letter to UCO Bank about the documents and they are not receiving or replying to it.