My neighbour has encroached three hundred square feet land belong to me when he constructed his house. He said that at the time of construction the lekhpal conducted measurements and demarcated my land. I think that he is telling lie. When I made some inquiry from the development authority, the fact revealed that the site plan my neighbour submitted is describing exact land written in the sale deed. In this situation what is the possibility to take back my land.
You have enough evidence to prove that your neighbour had dishonestly encroached your property. He had information about his land, but he deceitfully captured your barren land. In this situation you should lodge an FIR against him for the offence of criminal trespass, which is punishable under section 447 of the Indian Penal Code.
You should also file a complaint before the development authority for the demolition of illegal construction, which is constructed by your neighbour on your property. In the meantime if your neighbour is still planning to build something to avoid your interference then you can get injunction order from the civil court by filing a civil suit under order 39 of the CPC.
Landlord is not giving rent receipt what action can be taken under u.p. tenancy act? My landlord is very greedy person and also wants to hide his income arising out of the rent. Hence, he is not giving rent receipts despite my repeated requests. I need those receipts because my tax advocate says to there is some income tax rebate on the rent.
Under the Uttar Pradesh (UP) Tenancy Act, a landlord is required to provide a rent receipt to the tenant for the rent paid. Failure to provide a rent receipt is a violation of the law, and the tenant can take legal action against the landlord.
If the landlord is not giving the rent receipt, the tenant can send a written notice to the landlord, requesting a rent receipt for the rent paid. If the landlord still refuses to provide the receipt, the tenant can file a complaint before the Rent Control Officer or the District Magistrate.
The tenant can also approach the Rent Control Court to seek a remedy for the landlord's failure to provide the rent receipt. The court can direct the landlord to provide the receipt, and in case of non-compliance, impose a penalty on the landlord.
It is important for the tenant to keep a record of all rent payments made, including the dates and amounts paid. This will help the tenant to provide evidence in case of a dispute with the landlord over the rent receipt.
My husband is committing cruelty and pretending innocent in the court proceedings as well as before the mediator. He does not want to give divorce but at the same time wants to humiliate me, torture me and do all things which gives me pain, insult and trauma. I have three years old daughter who is also suffering violence and cruelty in that house. Recently I came to know that my husband is trying to shift in Pune. I told him to accompany us but he refused. Sir, please suggest how to get divorce from him. He is very cruel person.
Your situation sounds that you are experiencing a lot of pain and trauma, and it's important that you take steps to protect yourself and your daughter. In order to get a divorce, you will need to file a petition for divorce in the appropriate court. You may want to consider hiring a lawyer to help you with this process.
You may also want to consider seeking a protection order to ensure your safety and the safety of your daughter. A protection order, under section 18 of the domestic violence act, is a court order that prohibits your husband from contacting or coming near you or your daughter. This can be an effective way to keep yourself and your daughter safe from further violence or abuse.
It's important to remember that you are not alone in this situation. There are resources available to help you, such as domestic violence hotlines and shelters. You can call Dial 112 for any domestic violence related issue. You can also seek the support of family and friends during this difficult time.
Restaurant owner is threatening me to lodge FIR for robbery. Yesterday, I went to a local restaurant with my friends for a party. However, during the party, some troublemakers started interfering and began scolding my friends. This led to a fight breaking out between us, causing significant damage to the restaurant. The restaurant owner called the police, who arrested two of the troublemakers.
Now, the restaurant owner is threatening to file an FIR against me for robbery, mischief, and loot. I am concerned about this because I did not engage in any criminal activity. I believe that I am being wrongly accused due to the actions of the troublemakers.
I plan to consult with a lawyer to understand my legal options and defend myself against any false allegations. Additionally, I may try to reach out to the restaurant owner and explain my side of the story in the hopes of resolving the situation amicably. It is important to me that my name is cleared and that justice is served for any criminal activity that may have occurred during the incident.
My advice would be to take immediate action to protect your legal rights. Consulting with a lawyer is a good first step to understand the potential charges against you and what defenses you may have. It is also important to gather any evidence that supports your version of events, such as eyewitness accounts or video footage.
Additionally, reaching out to the restaurant owner and attempting to resolve the situation amicably may be a good idea, but it is important to be careful not to admit to any wrongdoing or make any statements that could be used against you later.
It is crucial that you take this situation seriously and do not ignore it. If you are falsely accused of criminal activity, it can have serious consequences for your reputation and future opportunities. Therefore, it is important to take all necessary steps to protect yourself and clear your name.
My friend has taken a loan my name and he is threatening me to pay its EMI otherwise he told my details to the bank and initiate legal proceedings against me. I am astounded to hear this, I am an innocent person. He has used my name, pan detail, Aadhar number and my mobile number. That loan is sanctioned by a local company on the phone. All verifications have been done without my knowledge.
Your friend's actions are illegal and fraudulent. He has taken a loan in your name without your consent and has used your personal details to do so. This is identity theft, which is a serious crime.
You should immediately inform the local company that sanctioned the loan about the situation and let them know that you did not authorize the loan. You should also inform the bank that your friend has threatened you and is trying to coerce you into paying the loan. Make sure to provide them with any evidence you have, such as messages or emails from your friend.
You should also file a complaint with the police about your friend's actions. Provide them with all the evidence you have, including any messages or emails from your friend, as well as the loan documents and any other relevant information.
It is important to take action as soon as possible to protect yourself and prevent any further fraudulent activity from occurring.
Accused has file a case in the high court for quashing of FIR because civil suit is already filed for recovery of money which I had paid to the accused for the purchase of land. The accused is doing a real estate business and also a registered broker under the RERA. He has executed an agreement to sale for a piece of land and took nine lakh rupees as an earnest money. The earnest money was refundable if the accused failed to provide that land. He failed to provide that land because someone has taken possession over it. As per the agreement he has given me three cheques with gross amount of nine lakh. All three cheques were bounced.
I filed a criminal case against him under section 138 of the negotiable instrument act. In the meantime I have also filed a civil suit for the recovery of money which I have paid in the compliance of the agreement to sale. Later on I came to know that he had sold that land to someone (who has taken possession over the land) in 2014. Despite that he has signed an agreement to sale. I filed a case for cheating against him. He has approached the high court for quashing of FIR. Please suggest what to do in this case?
The high court shall not quash the FIR because, at the time of entering into the agreement to sell, the accused had already sold that land to someone else. The accused had the intention to deceive you right from the beginning, i.e., on the date of signing the agreement. Filing a civil suit is an alternative proceeding for the recovery of the money from the party to the agreement because he failed to perform his obligations under the agreement.
The proceeding of the civil suit cannot absolve the defendant (accused) from the criminal liability that arises in the same transaction. The offense of cheating is very well made out against the accused because, right from the beginning, he had the intention to deceive you.
For a person to be charged with the offense of cheating under Section 420 of the IPC, there must be a fraudulent or dishonest intention at the time of inducing the victim to part with his property. The court also held that there must be an intention to deceive the victim, and the deception must result in a wrongful gain to the accused person or a wrongful loss to the victim.
Mere breach of a promise, without any fraudulent or dishonest intention, cannot be considered an offense of cheating under Section 420 of the IPC. If the accused person has made a false representation or a false promise, knowing it to be false, with the intention to deceive the victim, he has committed the offense of cheating. Hence, it is most likely that the Hon'ble high court may dismiss his petition filed for the quashing of the FIR.
My husband not appearing in the proceeding under domestic violence act thereby I am not able to receive interim remedies. I have filed a case under domestic violence for the protection order, residence order and monetary relief. The notice has already been sent to the husband through the registered post as well as via the summons of court. He has received the summon and copy of complaint on 12-05-2019 but not appearing the court. His lawyer files exemption application on each date and the court casually granting him time. I am facing financial difficulties due to not getting interim maintenance from my husband. Please help me.
Section 23 of the domestic violence act empowers the court to pass any interim relief in the absence of the respondent. If the contents of complaint itself prove that the respondent has committed the act of domestic violence, the court has the power to grant interim relief.
In Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736 the hon'ble supreme court has held that magistrate can grant interim ex-parte maintenance to the complainant as the court deems just and proper if the complaint discloses commission of domestic violence.
You should move an application to the learned Magistrate for urgent hearing of your application for interim relief in the absence of respondent (your husband). The aggrieved party is entitled to interim maintenance, to meet the expenses incurred and losses suffered by her and her child as a result of the domestic violence.
If the Magistrate again gives time to the respondent and not willing to decide your case, then you should prefer an application to the high court under section 483 of the code of criminal procedure for the expeditious disposal of interim application. The high court may fix a time period with in which the Magistrate is bound to dispose of your case.
Husband not allowed to reside in matrimonial home since 1995 i.e. one year from the date of marriage. He said the our marriage is solemnised against his will and desire. My in-laws have tried their best to settle our dispute but they failed. No sexual relations have been established between us. I am living with my parents but they are very old and not able to take care of me. In this situation can I approach the court for my rights?
You have been facing domestic violence from your husband, you have the right to file a case against him. Denying the legally wedded wife the right to reside in her matrimonial home is a form of violence. Even if your husband is not willing to grant a divorce, you are still his legally married wife. Hence, he cannot refuse you to live with him on the basis that marriage was solemnised against his will.
Although the Domestic Violence Act was enacted in 2005, you have been experiencing such difficulties since 1995. According to a Supreme Court ruling in V.D. Bhanot v. Savita Bhanot [(2012) 3 SCC 183], the conduct of both parties before the Act was implemented can be considered when making decisions under Sections 18, 19, and 20 of the Act.
You had lived in your matrimonial home after your marriage for a year, but your husband has not been allowed you to live therein since 1995. The concept of shared household did not exist in 1995 because the DV Act came into force in 2005. However, the Supreme Court held in the V.D. Bhanot case that:
Even if a wife who had previously shared a household was no longer doing so when the Act came into force, she is still entitled to protection under the DV Act, 2005.
V.D. Bhanot vs Savita Bhanot [2012] 3SCC 183
As a result, you are entitled to claim a protection order, a residence order, and monetary relief under Sections 18, 19, and 20 of the DV Act. Additionally, you are entitled to maintenance under Section 125 of the Code of Criminal Procedure. Therefore, you should file a complaint against your husband under Section 12 of the DV Act as soon as possible.
How to contest the divorce and maintenance case filed by wife along with my RCR case. I am pursuing my post-graduate degree in general medicine. How to contest the divorce and maintenance case filed by wife along with my RCR case? My wife has filed a petition under section 125 of the CrPC for maintenance for herself and our newborn baby boy. I have filed an RCR (restitution of conjugal rights) case against my wife. Before filing that case, I had sent her a legal notice, but there was no response. In response, she has filed for divorce. The main issue is her extramarital affair. Despite that, I want to live with her because of our son. My advocate suggests seeking a DNA test to establish paternity of the new baby. How can we contest my wife's maintenance and divorce case?
If your goal is to reconcile with your wife and maintain your marital relationship, it may be best to avoid DNA testing and accept the child regardless of any doubts about his paternity. However, if you have strong and convincing reasons to seek restitution of conjugal rights, your wife's divorce petition may not be successful. She would need to prove that you are guilty of cruelty, adultery, impotency, or other grounds for divorce.
If your wife cannot prove such grounds in court, her divorce case may be rejected. Additionally, if she has no valid reason for living separately from you, she may not be entitled to receive maintenance. Therefore, you may be able to get her maintenance case dismissed as well.
Fell in love with another girl after engagement. Eleven months ago, my parents arranged a marriage with a girl whom I did not like. However, I accepted their choice and we had consensual physical relations twice. Five months ago, I fell in love with another girl with whom I have good compatibility and wish to spend my life with. I have informed my parents of my feelings, but they do not agree, and the girl and her family are threatening to accuse me of physical harassment. The girl is also threatening to commit suicide. I am concerned about being held accountable for rape charges, although both instances of physical relations were consensual. Our thoughts and mindsets do not align, and I cannot compromise my own happiness or ruin her life. What are my options?
Regarding the girl you are engaged to, it's important to have an honest conversation with her and her family about your feelings. Continuing a relationship where there is no love or compatibility is unfair to both parties, but it's essential to approach the situation with sensitivity and respect for her feelings.
Regarding the accusation of rape, the sexual relationship was consensual, and thus, no offense has been committed. In the event of an FIR being filed against you, you can prefer a petition in the high court under Article 226 of the Constitution. As the relationship was consensual, no offense of rape has been made out.
Furthermore, at the time of the relationship, you had not made a false promise of marriage. Therefore, no offense of cheating has been committed. Falling in love with another girl is not an offense. However, it's important to be honest with the other person and respect their feelings, but you have not committed any offense in this regard.
