Civil Law queries [4452]

Member (Account Deleted) 09 April 2015 at 13:20

Will -document's override power

Sirs,
1). WILL document will override the sale document?

S.R.Venkatraman 09 April 2015 at 13:19

Scope of an anticipatory bail in land grab cases.

In a case of land grab, F.I.R has been filed under I.P.C Sections 420/447/468(non-bailable offense)against the accused -The matter has been transferred to the C.C.B, Chennai after land grab cell was set up.However,no further action has been forthcoming from the police department on the pretext that the accused obtained 'Anticipatory Bail'from Madras High Court.
On my personal visit to The C.C.B office, I was informed that the investigation has been completed and charge sheet need to be filed after the investigating officer obtains the statements from the accused - However,the police has been maintaining that the accused have obtained Anticipatory Bail.
I discussed the matter with my advocate to know the truth-My advocate says that F.I.R has been filed against the accused only after investigation into my C.S.R and after clearly identifying the gravity of the crime as falling under I.P.C sections 420/447/468 and proves the offense committed by the accused.Therefore, the question of anticipatory bail does not arise.My advocate further states that anticipatory bail is granted to prevent police from arresting a person on mere 'perceptions' and assumptions that the person might have committed a crime-once the crime is proven, the anticipatory granted to the person gets cancelled and the police ought to arrest the accused and bring him/them to court for further trial under criminal law since land grab falls under criminal law.
Anticipatory Bail is only a temporary relief granted to a person so that he does not suffer harassment or unjustified imprisonment due to police action.
If this interpretation of law is correct, I would like to know whether the police is right in giving the same excuse for not arresting the accused even after the crime committed by the accused has been substantially proved.

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sideyin 09 April 2015 at 13:15

Loans

This is in regards to my previous query.

When took a loan from Barclays, I had an auto debit enabled. But after i lost my job, i had to cancel it. Now Kotak has taken over my loan and a are requesting a settlement. I do not have that kind of money so i informed them that i would like to go for the auto debit feature. They a re fusing. I am desperate, please advise.

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Raviraj 09 April 2015 at 12:04

Can i withdraw the legal notice issued by an advocate?

My advocate has issued a legal notice to my
society. After which there was a settlement
and i withdrew the notice. Should an advocates letter necessary to this effect?as i Have already withdrawn the legal notice in writing to the society.

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supreeth 09 April 2015 at 11:42

Injunction order

my grand father and his brother living jointly, my grand father brother has no son or daughter and he adopted my uncle and he executed unregistered deed in 1982 to my uncle. but his wife (grand mother) illegally changed our ancestor property and joint property to her name and executed gift deed in her brother name. now property changed to her brother name when suit is running but my grand mother had temporary injunction against my uncle. last year my grand mother expired. now her brother applied for temporary injunction and police protection under section 152. but civil court rejected his application and given order if he has injunction order under rule 39 (1) and (2) he can apply 39(2A) for protection.
now what we can do now. he will apply for Temporary injunction and protection?
against gift deed can court give injunction order?

Kindly help us.

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Member (Account Deleted) 09 April 2015 at 11:21

To submit missed document in high court to file petition

Sir/Madam,
High Court has delivered judgment against me to my civil (land partition) first appeal in one month earlier. I missed to submit one land evidence document in High Court earlier this case. Now like to produce the missed document in High Court. If I submit the missed document, case may be favour of me. Hence, I would expect your kind advise to my query.

1. May I submit the missed document in same High Court by file Second Appeal/Review or any other civil legal procedure?

Thanks.
Priya

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sandeep pilania 09 April 2015 at 10:43

law applicable on private school

I want to know that private unaided CBSE school in haryana comes under which act among the shop and commercial act, industrial establishment act and factory act

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ram 09 April 2015 at 10:42

Divorce issue

My wife lodge FIR Against me 498/406/34 in delhi jan 2014. there is no casualty or medical.but they are showing any medical fake report(they told in front of judge)

after marriage we live separate from family with in 3 month,due to wife side force & pressure to make case. we have one child also aged 2 year.

Now I have applied in session for bail in order session judge declare bail on condition 17lacs so we went for high court to challenge amount.

HC order deposit Rs 4 lac in court & pay Rs 1 lacs to girl& Forward to midiation with pay 30,000 to midiator,WE DEPOSITE 4 LAC & PAY Rs. 1 lac to girl.in mediation wife is demanding 15 lakh to give divorce.

second case is also created against us when they come to our perental house & attack on us in morning & make mess break tv,table household items with 10 people. in spite of this police lodge FIR against US IN 324 342 ,506/34 due to money power& APPROACH.

so we apply in court 156/3 finally FIR is registered from our side 323/354/452/427/506/34

we have given 164 statement also notice is issued to all of them.

what we do know either we pay Rs. 15 lac to girl or fight in court whereas we offer Rs 11 lac to girl in mediation ............plz advise. 9717066828

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Kedargkeskar 09 April 2015 at 10:01