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Property laws / Which is the best karanjade new construction reviews?
« Last post by spaceindia66 on November 20, 2018, 12:01:41 AM »
Browse through all new residential karanjade new construction, Navi Mumbai at the leading real estate platform in India.
Criminal laws / Re: Fight between two women
« Last post by kalaskarkk on November 19, 2018, 08:32:09 AM »
Dear Sir,

Lodge complaint with police and see that they are involved in such fight in future and the vigilants should not use their batons.
Criminal laws / Re: Backdated Entry at Debt Recovery Tribunal
« Last post by kalaskarkk on November 19, 2018, 08:25:50 AM »
Dear Sir,

There are so many sections in IPC which you can make use of to file private complaint also file perjury case under following sections.

How to file perjury in India ?
How to file perjury in India ?
In order to sustain and maintain sanctity and solemnity of the proceedings in law courts it is necessary that parties should not make false or knowingly, inaccurate statements or misrepresentation and/or should not conceal material facts with a design to gain some advantage or benefit at the hands of the court, when a court is considered as a place where truth and justice are the solemn pursuits. If any party attempts to pollute such a place by adopting recourse to make misrepresentation and is concealing material facts it does so at its risk and cost.
Read a judgment about the above in Vijay Syal Vs. State of Punjab
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
1) False statement made by a person Who is —
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must be sanctioned by law.
3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a)CPC casts a legal duty to speak the truth
b)Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.
a) Statement that he believes a thing which he does not believe.
b) Statement that he knows a thing which he does not know.
c)Statement that he knows to be false or does not believe to be true .
d) Statement need not be on a point material to the proceedings.
Due to this the related other section which can be used are :
IPO 191: Giving false evidence, judicial perjury
IPO 192: Fabricating false evidence
IPO 193: punishment for offenses u/s 191 & 192 IPO
IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPO 201 to 229: Offenses against public justice
(a) IPO 172 to IPO 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.
(b) IPO 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offense is alleged to have
been committed in, or in relation to, any proceeding in any court.
CrPC 195:
Generally any person can lodge complaint of an offence and set the law in motion. Exception to this rule is offences. Specified u/s 195 CrPC. Section 195 lays down rules to be followed by the court to take cognizance of an offence specified under it. Court has full discretion in deciding whether any prosecution is necessary or not.
Considerations for sanctioning prosecution:
a) Administration of justice is not hampered
b) Not to be used as a means for wreaking vengeance by people
c) Every incorrect or false statement does not make it incumbent upon the court to order prosecution.
d) Judicial discretion to order prosecution only in the larger interest of administration of justice.
e) When police finds that complaint was false and case is cancelled u/s 173 CrPC, the police can start proceeding u/s 211 IPO against person who lodged false complaint.
CrPC 340:
Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPO 195. Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf. Sanction of the public servant court is a must for offenses in (a) under Criteria for establishing offence. Sanction of the court is a must for offenses in (b). under Criteria for establishing offense. Any Civil, Revenue or criminal court can proceed under this section. Person against who proceedings are initiated has no right to participate in preliminary Inquiry. The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution. The order is appealable only once and no second appeal or revision lies.
Requirements for starting prosecution:
The court is not bound to start prosecution. Only if it is expedient in the interest of justice and affects administration of justice. Contradictory evidence is not enough for prosecution. Offence must have been committed intentionally. Perjury should appear to be deliberate and conscious. Conviction is reasonable probable or likely. Reasonable foundation for the charge must exist. Statement given by complainant in FIR u/s 154 cannot be basis of prosecution u/s 340. Statements given to police u/s 161 are not evidence.
Receive application or suo motu – application can be filed by a person not party to the proceedings in relation to which the offense is committed. The court where application is filed only decides if inquiry should be made Hold preliminary inquiry (not essential in law). Record findings . Make a complaint in writing – include offence, facts on which it is based and evidence available for proving it. The judge has to sign the complaint himself. Forward it to a first class Magistrate having jurisdiction.
IPC 192:
No condition to be bound by oath. Reasonable prospect of proceedings and intention to use the fabricated evidence in such proceedings. Proceedings need not be in progress. Material omission is made in an entry or a statement Affidavit- making a document containing false statement to be used as evidence in a judicial proceeding.
Particular Intention that false document so made should appear in evidence in a judicial proceeding. Reasonable prospect of using the document is sufficient to establish offence. Should be material to the result of the proceedings- Judge is made to entertain an erroneous opinion touching nay point material to the result of such proceeding based on such fabricated evidence.
IPC 199: False statement made in declaration which is by law receivable as evidence.
IPC 200: Using as true such declaration knowing it to be false.

Criminal laws / Re: Burglary At Night, Possibly Repeat Offender
« Last post by kalaskarkk on November 19, 2018, 07:56:58 AM »

Dear Sir,

We should make the people and business work and run 24x7 which gives no scope for such burglary. National Production will also be increased.

Criminal laws / Burglary At Night, Possibly Repeat Offender
« Last post by MetalManiac on November 18, 2018, 11:57:15 PM »
There was a burglary/housebreaking at our place. Police suspect it was done by a repeat offender/career criminal.

If the burglars get captured, they admit to crime and go to prison for 3 months. Then they come out and resume their life of crime.

I looked up laws regarding burglary and stumbled across IPC 446 and 456 (House-breaking by night and punishment for the same) which are applicable because the crime took place sometime between 12:30 AM - 5:30 AM.

What should be our course of action?

Thank you.
Property laws / Adoption and Family matters
« Last post by niharikachanda on November 18, 2018, 05:07:52 PM »
We are 3 daughters, am the elder one. My parents adopted my son through registered adoption deed in 2010 who crossed 15 years now. My father was a retired Govt Employee and expired in 2015. since then, my mother is receiving pension, presently it is Rs. 30000 pm. All the 7 properties are his hard earned properties. 1 property is on my son name immediately after adoption. 3 are on my mother name who is a house wife. 1 is on my younger sister bought in 2003 when she was a minor. till the demise of my father, my parents were taken care of adopted son's maintenance. since my father demise, my mother  refused to take care of his maintenance. my son is with us now. recently in Sep. 2018, my mother transferred 2 properties which are on her name to my both sister's daughters one each through a Gift deed. Now my two sisters changed her mind and now they are trying to transfer all the properties. My mother has also recently registered a WILL, the contents we dont know. My father left a paper with his own hand writing stating 5 properties should belongs to adopted son and one each to my sisters.
My queries are:
1. As per my knowledge, legal heirs are 5, i.e. my mother, 3 daughters and adopted son. is it correct?
2. Can i take any legal steps for my son's maintenance from my mother? like direction from court for maintenance from her pension etc.
3. Can I take any legal steps for share for me and adopted son in 2 properties which were already transferred?
4. Do I have any recourse to prevent my mother to sell/transfer remaining properties.
5. Do my mother has the right to sell/transfer OR write WILL on the properties earned by my father without considering the legal heirs.
6. My mother is claiming that she is only the legal heir as wife of the demised and owner of all properties and she can transfer/ sell them to any body with out the consent of 3 daughters and adopted son. is this maintainable in the court of law as none of the property was earned by her.
Point wise reply with relevant legal provisions will be highly solicited.
Property laws / Unable to sell my ancestral property
« Last post by needjustice4me on November 17, 2018, 12:23:42 AM »
Dear Sir,
I have some agricultural land in uttar pradesh (My Native Place) in the name of my father and two uncle.
My father and one uncle died few years back.
Now i want to sell that land with permission of my cousin brothers and uncle as we live here in mumbai and don't go to native place frequently.

Now my nephew is not allowing us to sell it as he himself want to swallow that land which he is trying from last 10-12 years. So he put some stay in transferring name by giving stupid reason..
Although he don't have any proof for that.

So kindly advice me what should i do in this case ?

Property laws / Property Ownership verification
« Last post by Subroto Sarkar on November 16, 2018, 12:46:30 PM »
There is a building at South Kolkata having 15 flats. The house owners were two bachelors who formed two different trusts. They have passed away 50 years + ago. Rent was paid at 50 50 basis to the two trusts. Now rumors are being spread by some distant relatives that they have sold the flat. They are showing   sale deed typed in non judicial stamp paper unregistered  and terrorising the existing tenants. These tenents are occupying more than 80 years since generations. How can we verify that the building has been sold or not? Can any member help us in this regard?

Further can we claim ownership of the flats. Land Lord have not repaired the building since 50 years. Even water supply has been disconnected as long as 50 years. Repairs and maintenance tenants have done from their own money. However the Rent has been paid thro money order which somebody is accepting on behalf of the trust.
Hi, pritam,
here is the complete details for it given below:

Every Application shall be submitted to the respective Inspectorate Offices in a prescribed form (Form LM-1) with the following attested documents etc.

# Identity proof.
# 2 Passport size
# Certificate of Registration of Industry
# NOC from Competent Authority.
# Document proof of Ownership / Lease Agreement of Premises.
# Constitution in case of proprietorship / partnership firm. Registered document in case of Company register Certificate under Companies Act alongwith copy of Article of Association and Memorandum of Association.
# Employee Copies of Appointment Letters with photographs, Qualification and Experience  Certificate, if any;
# Machineries, Tools and Accessories list with purchase bill.
# Test weights purchase bill in case of new Verification Certificate.
# Model Approval Certificate.
# Trademark, Monogram registration Certificate from Competent Authority.
# GST Registration Certificate.
# Professional Tax Registration Certificate
# Valid Labour Licence.
# Non-Tribal to enclose a Trading Licence from respective ADC of Meghalaya
can you please give complete guidelines on how to apply for weight or measure Licence for Manufacturer
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