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Neil Dias   18 July 2016 at 07:42

Unlawful occupation

We are 4 joint co-owners to a family property with 4 flats of a Dwelling House. by law, the residual land, we are tenants in common in equal shares. Pre -emptive clause for sale exists. However one mischief co-owner sold his share and of another brother to a third party without our consent. Now the third party/outsider is staying that we havent objected to the sale deeds (bogus and under priced) and that he is in lawful possession to 50% of the property. They lost the case before CTS and SLR at Mumbai. Now gone in Appeal at the DRL at Fort, Mumbai.

I need your help in getting a Supreme Court Judgement that all frauds done in a sale does not amount to a party to lawful possession.

Krishna   18 July 2016 at 00:15

Can attestors of the sale deed be liable for the criminal offence for the fraudulent transaction?

I am Krishna from AndhraPradesh,
In my village there is a vast extent of Govt.Lands. notwithstanding over period of time sarpanch of that village encroached many govt lands for commercial purpose and created sham documents in the subregistrar office by falsely misrepresented the Sy.No of private land for that govt land and executed registered sale deed. The sale deed was witnessed by three attestors who knows very well that land belongs to Government.
Therefore my query is whether the attestors also liable for the criminal offence ? if so under which section of IPC, and provision of Registration and stamps Act?

Krishna   18 July 2016 at 00:12

Can attestors of sale deed liable for criminal offence for fraudulent transaction?

I am Krishna from AndhraPradesh,
In my village there is a vast extent of Govt.Lands. notwithstanding over period of time sarpanch of that village encroached many govt lands for commercial purpose and created sham documents in the subregistrar office by falsely misrepresented the Sy.No of private land for that govt land and executed registered sale deed. The sale deed was witnessed by three attestors who knows very well that land belongs to Government.
Therefore my query is whether the attestors also liable for the criminal offence ? if so under which section of IPC, and provision of Registration and stamps Act?

Krishna   18 July 2016 at 00:09

Can attestors of the sale deed liable for the criminal offence for witnessing fraudulent transaction ?

I am Krishna from AndhraPradesh,
In my village there is a vast extent of Govt.Lands. notwithstanding over period of time sarpanch of that village encroached many govt lands for commercial purpose and created sham documents in the subregistrar office by falsely misrepresented the Sy.No of private land for that govt land and executed registered sale deed. The sale deed was witnessed by three attestors who knows very well that land belongs to Government.
Therefore my query is whether the attestors also liable for the criminal offence ? if so under which section of IPC, and provision of Registration and stamps Act?

Sadanand B. Panchal   18 July 2016 at 00:04

Police presented wrong accused before the court to shelter real accused of the fir

Respected Experts,
Court summoned me in the Case of tree cutting offense by the developer Accused A whose name indicated in the First Information Report xy of 2012 registered on my original complaint where the First Informant was officer of the Municipal Corporation.
When I reached the court I found that the Police presented wrong Accused B in the place of Accused A and also submitted Final Report against the Accused B numbering First Information Report xy of 2012. I also found that the Officer of MMC and the First Informant deposed the offence of tree cut was committed by the Accused A. Thereafter I also made my deposition stating the offence of tree cut was committed by the Accused A. The Advocate for the Accused B tried to cross examine me which I opposed.
I further made Application to discharge the Accused B and prayed before the trial court to book the real Accused A whose name was indicated in the FIR which was rejected. Therefore I made Application under section 340(1) of Cr. P. C. praying that in the interest of administration of justice, an inquiry be initiated of offense committed by the investigation officer making wrong information before the court that the offense of tree cut was committed by the Accused B in order to shelter Accused B.
My Application under section 340 (1) of Cr. P. C. was heard by the trial court at length wrongly allowing Advocate for Accused B to participate and thereafter the same was rejected on the ground that the Application under section 340 (1) was made at premature stage as my evidence was not completed.
Thereafter I filed Criminal Appeal under section 342 of Cr. P. C. before the Hon'ble Sessions Judge. At the stage of admission of Appeal, I was not allowed to argue my grounds. I made my efforts to argue but the Court prohibited and finally my Appeal was dismissed with a direction “liberty to file such type of issue at appropriate stage”
I become remediless and on the other hand the Hon'ble Sessions Judge directed me not to obstruct process of evidence even if the Advocate for wrong Accused cross examines me.
In this case Police Prosecutor of the trial Court was appreciated that there was trial going on upon wrong Accused B and therefore she signed on my earlier Application under section 340 (1) of Cr. P. C.
I do not know what is procedure to be adopted in this case when the trial court knows that there is wrong Accused B and Accused of the FIR is Accused A are different persons. I am in this matter since the year 2013 and spent lot of money to obtain justice against the Accused A who cut 21 trees in my area and no single tree planted.
Please advise me how to obtain justice.

Ramesh   18 July 2016 at 00:01

Ipc 395, 399, 120b

1) Mr X is not present at the scene when dacoity took place ... Is IPC 395 Applicable?

2) Mr X transfered Rs 5000 through bank to one of the accused prior to the offence, but IO did not specify how is is used for offence... Is IPC 399 applicable

Plz give clarification and any judgements to support the issue..

ngopidhar   17 July 2016 at 23:51

Trial stage of the case

now my mothers property case is under trial stage.since she is uneducated and in her old age (65 years) unable to understand and answer what other lawyer is asking we have asked our lawyer to allow anyone of us (her children) to be as friend of the client to help her in understanding what the other lawyer is asking and give proper reply.but our lawyer says it cannot be like that and my mother should face the opponents lawyer on her own in the trial,is this not jeopardising the case by our selves.secongly me completed my llb yet to clear bci exam and my sister practsing advocate can work along with our appointed advocate to deal with our mothers case as that would give immense strength to my nervous age old mother.now dont say why we gave this case to another advocate when we ourselves are tobecome lawyer and lawyer because we stay at some other place and the case is filled at some other place and secondly i am not sure if one can represent thir own kin and kith case . kindly advice us as to what our further course of action should be. thank you.

Sreeuday   17 July 2016 at 23:50

Allotment of land for crpf employees

Respected sir, can u please tell me for crpf persons eligible for waste land or cultivated land. Thank you

Sandeep Kumar   17 July 2016 at 23:10

Settlement is due

Hi,

Recently my employer asked me on June 20th 2016 to resign within 10 days as company was under some financial trouble. I asked them for settlement under Bombay Shops & Establishment Act as company is registered under the Bombay Shops & Establishment Act.

Owner agreed to pay me June salary along with one month's salary as compensation and agreed to avail my balance leaves (10 days) under settlement period.

I resigned on June 30th, CEO assured me to pay June salary before July 5th 2016, and balance in the month of July itself. Now its 17th of July and I even didnt get my June salary. On every message to them CEO always replied "sure".

Let me know what can be done here as being a service person I would be in deep trouble if I didnt get my dues on time, I have pay various dues i.e. card bills, rent, school fee etc.

What could be the best way for a quick settlement?

I would also like to know - can any company hold your past month's salary for such a long duration?

How much time they can take for settlement?

Please suggest. Thanks in advance.

ngopidhar   17 July 2016 at 23:06

Inherited property to my children only

i wish to pass on the property to my children only that i will be getting as my share in the inthestate property of my deceased father and not a penny to my wife because she has enough propery from her side.this property issue from my side and from her side has become a bone of contention between us and made us to live separately for the time being.though we will come together sooner or latter. my question is since i dont have any right on her property,what right does she have on the property that i will be inheriting as my share from my deceased fathers property.and also i say to her that she is entitled to my salary only and nothing more than that.tell me if this is correct or not.kindly answer to my questions only because i wish to make her aware of her rights and i assure you we will be together by the time you answer my querry, THANQ U.