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ks   04 May 2022 at 14:22

Cpc of execution petition in child visitation

Dear Experts,

We filed execution petition under Order 21 Rule 11. Respondent filed reply tht this CPC is applicable for property related matters and cannot be applied in child custody matter. Can someone guide whether we are right or wrong ?

If any judgements of High Court or Supreme Court in GWA cases available where CPC is mentioned for execution then pls share the same.

Thanks.

Anonymous   04 May 2022 at 14:13

Land matter

In a partition suit, civil court ordered to divide property.but plaintiffs didn't file execution petition yet. Now plaintiffs and defendants in said partition suit unanimously taking dicision to sell property altogether to a 3rd party.they don't want divide property.so should they get any permission from civil court to sell property.while no disputes between owners,can they sell by themselves without court's consent?

ASHOK KUMAR   04 May 2022 at 14:00

Solution for protecting our property by miscreants

We gave an ancestral property in our home town. Since we are not staying there, some miscreants has been causing us unending trouble by filling false cases of ownership with an intention of extorting money.
These people has lost cases at the Dist courts and HC and also at the RDO levels. Even a complaint by them to the land grab cell has failed as the they have declared the property owners are my ancestors.
Because of the constant threat to grab or to extort money we have filed a suit for permanant injunction and after hearing both sides have obtained a permanant injunction.
In spite of loosing all the cases they are creating nuisance by writing to the sub registrar not to register our partition deed among the Heirs, using cooked up documents.
Can we file a criminal case against these miscreants. Can experts from this forum suggest any other solution to the problems faced by us.
Thanking all in advance for any help or advise in this matter.
Thanks
Ashok Kumar

Amit   04 May 2022 at 06:59

Sarfesi symbolic possession

What is the procedure to take possession of a property if it has been bought in auction with Symbolic possession ?

Amit   04 May 2022 at 06:53

Will on leased property

A takes a property on lease for 99 years from the crown.

A makes a will that after his death his daughter B shall be the owner of the property and after the death of B, her son C and daughter in law D will own the property.

B makes a will that after her death C and D will be the owners of the property and after their death their two children will share the property in a particular ratio.

Also during this period D dies without a will and the lease expires. C gets the same renewed in his name and converts it to a free hold property. Then C dies without a will.

The renewed lease does mention the fact that it is being renewed.

Can B make a will for the property?
If B can make a will is it valid on renewal of lease ?

Anonymous   03 May 2022 at 21:02

Ipc 338 plead guilty or face trial

In my next hearing, My lawyer is suggesting to NOT plead guilty face the trial in IPC 338 Accident case (which might take another 2 to 3 years to complete, where I don't know if I would be convicted or acquitted at the end).
When I did some research over the internet, majority of experts suggested to plead guilty as soon as possible.
But as per Law, what i understood is if I plead guilty, judge may impose jail along with fine.

1. Is jail term is compulsory in IPC 338?
2. Will I be sent to jail immediately on the day of judgement?
3. Can i get bail if I judge imposes jail term?

What is the best can be done in my case?

Anonymous   03 May 2022 at 20:43

How to prove collusion between two people in court

As one of the respondent, I feel like petitioner and another respondent colluded (made a secret agreement) and try to impose everything on me.
What can i do to prove that the petitioner and respondent are colluded in the court of law.

DHARMESH KUMAR   03 May 2022 at 15:14

Fraud in marriage

My relative had a court marriage on 25 February 2022.
The girl's people were contacted through the ad given in the paper. The girl was a widow and the boy (divorced). After 10-12 days of marriage it is found that the girl is suffering from mental illness. At present, the girl has been sent to her parents home on 26 April 2022. The girl's mental illness was not disclosed before marriage. It is cheating. The boy cannot spend his future life with a lunatic.
Date of Marriage: 25 February 2022
Place of Marriage: Motihari (Court Marriage)
Girl's Home Town : Motihari, Bihar
Boy's Home Town : Arrah, Bihar
Boy's present residence: Ahmedabad(Since 10 years)
After marriage, the husband and wife lived in Ahmedabad from 25 February 2022 to 22 April 2022.
Kindly give suitable suggestions and where to file the petition.

gaurav   03 May 2022 at 13:04

Abadi land in village

Can illegal construction on village abadi land be tried under 145 crpc by magistrate

Anonymous   03 May 2022 at 12:36

Notice period

I resigned from an IT services company due to dis satisfaction and to search better job. As per appointment letter, an employee has to give 3 months notice before leaving the company. Now I am on bench( no project allocation/work allotment) , the company is trying to fire me before last working day on basis of poor performance. Can I file the case against the company? If yes please help how to approach?