You can sue a person despite that the contract is unregistered. In the prevailing situation you have a right to recover the rent of three months along with interest and also claim damages. This house was let out for three years. If the term of lease is more that one year it must be registered as per the provision of section 107 of the Transfer of Property Act.
Registration of lease agreement was mandatory. When the registration of deed is made mandatory by law, and not registered that deed shall not be admissible in evidence. But it tends to show that parties were entered into an agreement. On the basis of agreement, you can sue him for the damages and recovery of rent. For more legal help please visit Kanoon India.
What is the immediate relief available against a stay order granted by the High Court? One of the candidates approached the High Court alleging irregularities in the conduct and evaluation of marks. He claims that candidates received uneven marks due to the vested interests of the college administration. However, there is no solid evidence to support any irregularity. All answer sheets were kept in sealed covers and evaluated by one examiner, then cross-checked by another examiner. This process ensured that each answer sheet was checked by two examiners, neither of whom had information about the other examiner's identity or the candidates' details.
More than seven thousand students appeared in the entrance examination for one hundred twenty seats. Future of one hundred twenty students rests at the stake of this writ petition and stay order. We have been conducting examinations since 1934, and no such issue has been raised before the court until now. Despite this, the High Court stayed the admission process during the very first hearing based solely on these allegations, without any supporting evidence. In this scenario, what would be the best possible remedy against the stay order issued by the court?
Asked from: Bihar
A stay order is granted by the court as an interim relief. An order of interim relief is also called an interlocutory order. Generally, interlocutory orders are not appealable. However, if the court determines any right through the interlocutory order, that order becomes appealable. In other words, if the interlocutory order affects the rights of a party, the aggrieved party can appeal that order.
Ad-interim and ex-parte relief should be granted rarely. In your case, the stay order has affected the entire admission process, impacting the future of one hundred and twenty students. More than seven thousand students appeared for the entrance examination, yet only one student has made such a claim. In this scenario, the High Court should have issued a stay order only after receiving a reply from the college administration, i.e., the opposite party.
The Hon'ble Supreme Court, in Central Mines Planning and Design Institute Limited vs Union of India (2001) 2 SCC 588, held that an interlocutory order comes under the definition of a judgment when that order constitutes a final determination and affects the valuable rights of parties.
When a stay order falls under the definition of a judgment, it becomes appealable. The interlocutory order in this case affects the future of one hundred and twenty students. Stalling the admission process is not justified as it will delay the academic session.
Filing letters patent appeal or special leave petition is the best relief against the stay order of the high court. Therefore, you should immediately file an appeal against this order. If the single bench passed the order, you can prefer a letters patent appeal or special appeal before the division bench of the same High Court. If the division bench passed such an order, you would need to file a special leave petition to the Supreme Court under Article 136.
Once the admission process has started, it should not be stayed merely on the assumption of irregularity. You mentioned that the petitioner has no cogent evidence to prove the alleged irregularity. In the appeal, you should present evidence about the entire process of the entrance examination. When the court finds that the chance of irregularity is minimal, it should vacate the stay order. For more legal help please visit Kanoon India.
My neighbour is claiming a road in my land and he is obstructing the construction of a boundary wall on my land. We purchased one acre of land registered in the names of four people. After 15+ years, the neighbour claims that when he bought his plot, he was shown a 25-foot road on your purchased land. He is now refusing to allow us to construct a boundary wall until we leave a 25-foot road between his plot and our land. He is also misbehaving and manhandling us, possibly due to his local influence. What legal actions can we take?
Asked from: Telangana
Your neighbour has no right to interfere with your property. If a public road existed on this plot, it should be mentioned in both your neighbour's sale deed and your own. In the absence of such demarcation, your neighbour has no legal right to disturb and obstruct the construction of your boundary wall.
A neighbour cannot claim a road on adjoining private land if the property's boundaries are clearly defined in the sale deed. In the case of N. Subbayya Chakkilian v. Maniam Muthiah Gounden (46 M.L.J. 182), the Madras High Court established that specific boundaries of land mentioned in a sale deed shall prevail over general measurements.
It is a well-settled principle that the boundaries declared in a deed of conveyance prevail over any conflicting boundaries. The Privy Council in P.K.A.R.C.O.S. Society v. Government of Palestine A.I.R. 1948 P.C. 207 held that when there is a difference or dispute between the area, survey number, and boundary of any property, the boundary prevails and is the decisive factor.
Thus, the boundaries of your land as mentioned in the sale deed shall prevail over any conflicting claims. If no public road is mentioned within your land's boundaries, you have absolute rights over the land situated within those boundaries.
How to prevent neighbour from interfering in the property
In the prevailing situations you need to initiate both criminal and civil actions simultaneously. Your foremost requirement is to prevent any breach of peace and maintain tranquility. Following that, you must take steps to prevent your neighbour from interfering with your possession of the property.
Move application under Section 145 crpc
You should inform the Executive Magistrate by an application under Section 145 of code of criminal procedure (crpc) and pray for maintaining peace by directing the neighbour to refrain from interference in your property. The Executive Magistrate can take a bond from your neighbour under Section 107 crpc, for maintaining peace.
Your neighbour is illegally interfering and claiming a road in the property of your possession. If the dispute escalates it may cause the breach of peace. Jurisdiction under Section 145 Cr.P.C. arises to the Executive Magistrate when there is apprehension of breach of public peace and tranquillity on account of dispute between the parties in regard to possession.
File a Civil Suit for declaration of right and permanent injunction
File a civil suit for the declaration of your right and a permanent injunction against your neighbour from interfering with your property. Meanwhile, submit an interim application along with that civil suit for a temporary injunction. Temporary injunction is mandatory to stop your neighbour from causing any disturbance in the enjoyment of your land till the pending civil suit. The injunction order shall prevent your neighbour from claiming a road in your land forever. For more legal help please visit Kanoon India.
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Section 482 crpc application has any chance to conversion to criminal revision. What is the rule of court? Can court refuse to convert the 482 crpc application and on what ground? During the trial I moved an application under Section 319 of crpc which is allowed by the trial court and summoned Mr X as an accused. After more than two years Mr. X moved 482 application in the high court for quashing the order passed under section 319 crpc. That application is allowed by the high court and proceedings against Mr X have been dropped by the trial court. In the trial some evidence surfaced that Mr X is also involved in the crime. Then I moved that application. In this situation I have no other remedy to arrayed Mr. x in the crime.
Asked from: Uttar Pradesh
Prima facie, it seems that the order passed by the High Court is incorrect. The accused had the option to file a criminal revision under Section 397 of the Code of Criminal Procedure. Instead of filing a criminal revision, he moved an application under Section 482 which is not maintainable. An application under Section 482 CrPC cannot be converted into a criminal revision.
In the present situation, the accused must file a criminal revision under Section 397 CrPC. There is a specific provision under the Code of Criminal Procedure for the redressal of grievances arising from the order of the trial court. Hence, the aggrieved person cannot invoke the inherent power of the High Court under Section 482 CrPC.
According to Article 131 of the Indian Limitation Act, the limitation period prescribed for filing a revision in the High Court or Court of Sessions is ninety days. The accused filed an application under Section 482 after more than two years. Because the period of limitation for filing a criminal revision has lapsed. Since criminal revision was barred by limitation so he moved petition under 482 crpc because there is no limitation period for the petition under section 482 crpc. Therefore, the order passed by the High Court is illegal per se.
If the aggrieved person had moved a revision but, for some reason, that criminal revision was not maintainable, then the High Court has the power to treat that revision application as a petition filed under Section 482 CrPC.
However, the High Court has no power to treat a petition filed under Section 482 CrPC as a criminal revision because a limitation period is prescribed for the revision. Therefore, a petition filed beyond the limitation period cannot be admitted,
For the ends of justice, if there is no provision in the Code of Criminal Procedure, the High Court has the power to admit an application under Section 482 CrPC at any stage of the proceeding without regard to the limitation period. But in your case, the aggrieved person has the right to move revision hence, he cannot invoke provisions of section 482 crpc. Section 482 crpc application has rare chance of conversion into a revision.
You should move a Special Leave Petition (SLP) in the Supreme Court against the order of the High Court. Your SLP will be admitted, and I am confident that the Hon'ble Supreme Court will set aside the order of the High Court. For more legal help please visit Kanoon India.
Whether enhancement of maintenance after mutual consent divorce is available to a wife and her children. Parties have obtained decree of divorce by mutual consent and one of the conditions for mutual consent divorce is that the husband will pay 500 each monthly maintenance to the children and me. Husband is regularly paying maintenance but now the wife wants to enhance the maintenance amount from 500 to 2000 to each child as well as rs 5000 for wife. Can this order be modified under section 127 cr.pc.
Asked from: Uttar Pradesh
After divorce, you still retain the status of a wife. This status entitles you to seek an increase in maintenance. Alimony is not just a legal matter but a social responsibility for an ex-husband. Hence, you have the right to seek an enhancement in maintenance even after a divorce by mutual consent.
It is a well-established legal principle that a woman does not lose her status as a wife after divorce. In the case of Rohtash Singh v. Ramendri (Smt.) (2000) 3 SCC 180, the Supreme Court held that according to explanation (b) to Sub-section (1) of Section 125 of the Code, a woman who has been divorced by her husband through a decree from the Family Court under the Hindu Marriage Act maintains the status of a wife for the specific purpose of seeking maintenance from her former husband.
The Hon'ble Supreme Court further emphasised in Vanamala v. H.M. Ranganatha Bhatta, (1995) 5 SCC 299, that a wife who obtains a divorce by mutual consent cannot be denied maintenance under Section 125(4) of the Code.
If a divorced wife is unable to maintain herself and has not remarried, she is entitled to claim maintenance allowance. Often, after divorce, a woman may become destitute. If she is unable to sustain herself and remains unmarried, her former husband continues to bear a statutory duty and obligation to provide maintenance.
It is evident that you have the right to claim maintenance from your ex-husband even after a divorce by mutual consent. Since Section 125 of the CrPC is applicable after divorce, you can approach the family court under Section 127 of the CrPC for the enhancement of maintenance, especially considering the rising cost of living making the current maintenance amount insufficient.
You should file an application under Section 127 of the CrPC, providing evidence of your child's monthly expenditures and, if available, evidence of your income to demonstrate the hardship you face in supporting your child. The court will then consider your application and may order an enhancement in the monthly allowance accordingly. For more legal help please visit Kanoon India.
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Husband strangled his wife and killed. My father has been convicted for the offence of murder and sentenced to life imprisonment. There were some quarrel between my father and mother over the issue of the marriage ceremony of my aunt (bua). My father wanted to extend financial help to my grandfather for the wedding ceremony of my bua. But my mother was against that financial help because she had very estranged relations with my grandfather and mother. The incident occurred in our house and in the presence of my family members. All witnesses are family members and neighbours. Ultimately my father has been sentenced under section 302 IPC for the offence of murder and sentenced for life imprisonment. He is innocent and committed that offence by mistake. Please help.
Asked from: Uttar Pradesh
This conviction and sentence prima facie seem improper because there was some quarrel between the deceased and her husband. This fact would have been sufficiently established by the prosecution. It proves that the offence was committed in sudden provocation from the deceased. There was no premeditation or pre-planning of the accused to kill his wife. There was also no preparation to commit that offence. The trial court had ignored the above facts while convicting and sentencing the accused.
In this situation, you should prefer an appeal to the high court under Section 374 of the Code of Criminal Procedure (CrPC). The conviction is unsustainable because the accused is illegally convicted for the offence of murder (Section 302 IPC) whereas he committed the offence of culpable homicide, which is punishable under Section 304 IPC.
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Section 304 IPC
It appears from the facts that your father was financially strong and wanted to give monetary help to his father for the marriage of his sister. Upon this issue, some quarrel started between the spouses (deceased and accused), and in the course of such heat and provocation, the accused (husband) strangled his wife without the intention to kill. The act was committed in a spur of the moment and without planning. There was also no premeditation on the part of the accused to commit murder.
Hence, the high court, in appeal, will convert the conviction under Section 302 IPC to Section 304 Part II of the IPC. Your father will not be acquitted because at the time of the commission of the offence, he knew that his act (strangulation) may result in the death of his wife. In your case, however, there was no intention to kill, but the accused had the knowledge (at the time of committing the offence) that his act is likely to cause the death of his wife. Hence, your father may be sentenced for culpable homicide. For more legal help please visit Kanoon India.
Also read: Remedy if the court did not punish the accused with adequate sentence
Trial court convicted the accused with lesser sentence. We were going to Mirzapur from Lucknow by road. On the way to our destination we stopped near XX for dinner. On a very petty issue some dispute arose between us and the accused persons. They hurled abuses and threatened to kill. When the dispute became heated some other person intervened and separated us. They stopped abusing but one of them came with a club and attacked us. Then all the accused persons started beating us. Somehow I managed to escape from the spot but my friend (deceased) was caught by the accused persons.
They took the deceased in their car. After a few hours, the dead body of my friend was found in a nala. Deceased sustained several injuries on his head, neck, chest, face, lower abdomen, back and legs. Post mortem was done and cause of death was antemortem injuries and homicide. FIR was lodged and charge sheet was filed in 302, 307, 201, 34 IPC. The trial court convicted the accused under Section 304 IPC and sentenced him for three years. It is miscarriage of justice. Please suggest what to do?
Asked from: Uttar Pradesh
It appears from the facts of the case that the sentence for culpable homicide under Section 304 IPC is improper and erroneous. Sentence is lesser than the offence committed by the accused. It was a cold blood murder. No doubt that the accused had the intention to kill the deceased.
You should immediately file an appeal to the high court under section 372 of the code of criminal procedure (crpc). Section 372 crpc empowers the victim to prefer against the conviction if he is aggrieved from the amount of sentence.
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Section 372 of the code of criminal procedure
The analogy drawn by the trial court that the accused had no intention to kill has not been supported by the evidence. As per the facts of your case, the dispute was started on a very petty issue. You all were unknown to each other. There was no previous enmity. After intervention of some other people the accused were stopped hurling abuses but they caught the deceased and put him in car and after few hours his dead body was found.
The deceased was lastly seen with the accused, deceased sustained several injuries were cumulatively sufficient to cause death. The burden of proof was sifted on the accused to explain how the deceased sustained those injuries? I think that the accused failed to discharge that burden of proof.
Accused were beaten mercilessly by the deceased mercilessly and because of those fatal injuries your friend died. The nature and number of injuries itself proves that it was a cold blood murder and the accused were intended to kill the deceased.
There was no sudden provocation from the deceased. Deceased was not killen in a spur of the moment. The accused carried the deceased in their car and brutally beat him until his death. It proves that they had the intention to kill.
The sentence is insufficient and not in the appropriation of the offence committed by the accused. This is indeed a miscarriage of justice. You should file an appeal and the appellate court definitely convert the sentence into Section 302 IPC instead of Section 304 IPC. Trial court convicted the accused with lesser sentence in misappreciation of evidence could be a good ground for appeal. For more legal help please visit Kanoon India.
How do I know if there is a case pending on a land I want to buy? I am residing in Madhya Pradesh and my property situates in Uttar Pradesh. My father's siblings are residing in UP but they are not interested in finding solution. Please help!
Asked from: Madhya Pradesh
Determining the existence of pending legal cases concerning a property you intend to purchase involves a systematic approach encompassing several key steps. Firstly, a meticulous examination of relevant records must be conducted. This entails a visit to the local revenue or land records office, where comprehensive documentation pertaining to the land in question is available for scrutiny. Here, details regarding ownership, encumbrances, and ongoing litigation are typically cataloged, furnishing valuable insights into the property's legal standing.
Moreover, leveraging the digital infrastructure prevalent in many Indian states, including Uttar Pradesh, proves advantageous. Accessible online platforms such as the official website of the Uttar Pradesh Revenue Department or the Bhulekh portal facilitate remote exploration of land records. This digital accessibility streamlines the process, enabling individuals to ascertain pertinent information regarding the property's status electronically.
Furthermore, engaging legal professionals proficient in property matters is instrumental. Entrusting qualified lawyers or reputable title search agencies to conduct a comprehensive title search ensures a thorough investigation into the property's ownership history and potential legal encumbrances. This expert intervention significantly mitigates risks associated with unforeseen legal entanglements.
In instances where doubt persists, a direct inquiry with the adjudicating court serves as a prudent course of action. By visiting the relevant court handling land disputes, individuals can glean firsthand insights into any ongoing legal proceedings involving the specific land parcel under consideration. This proactive approach facilitates direct engagement with the legal system, fostering clarity and transparency in the evaluation process.
Finally, seeking legal counsel from specialized practitioners in property law remains paramount. Consulting with experienced lawyers versed in property matters empowers prospective buyers with informed perspectives on the intricacies of pending cases or disputes linked to the property. This legal guidance affords invaluable clarity, enabling prudent decision-making aligned with one's vested interests.
In conclusion, navigating the landscape of property transactions mandates a methodical approach rooted in comprehensive due diligence. By adhering to these structured steps and leveraging professional expertise, individuals can effectively mitigate the risks associated with potential legal encumbrances, ensuring informed decision-making in property acquisition endeavors. Buyer must know about the case pending on land is mandatory before purchasing
Delay in trial despite order of the high court. I have been facing a criminal trial since 2012. A criminal case was lodged against me in February 2012 under sections 408, 420, 463, 477, 120B read with 34 of the IPC, which is pending in the trial court. The trial court framed charges against me based on the charge sheet in 2017. However, the prosecution has yet to secure case witnesses before the court. There has been no progress in the trial, and a deferred date has been fixed in my case.
In 2021, I petitioned the Hon'ble High Court to quash the FIR and criminal proceedings due to the delay in the trial. The Hon'ble High Court, alternatively, directed the trial court to dispose of the trial within one year, i.e., by November 2022. However, it has been one year and three months, and there have been no proceedings in the trial court. Please advise me on this matter with suitable citations from the Hon'ble Supreme Court and High Court.
Asked from: Delhi
Delay in trial despite order of the high court amounts to contempt of court. If there is no legal impediment to carry on the case. If the trial court is granting unnecessary adjournments to the prosecution, you may file a contempt petition in the High Court against the trial judge.
It is imperative for the trial judge to expeditiously dispose of the case without granting unnecessary adjournments and lengthy dates. Generally, criminal cases cannot be quashed solely on the grounds of delay in trial completion.
If you are cooperating in the trial but the prosecution shows disinterest, the trial court must issue bailable or non-bailable warrants against the witnesses. The trial court is empowered to take appropriate actions to expedite the trial's disposal and cannot remain idle waiting for witnesses to appear.
Once the warrant has been issued, the witnesses are obligated to appear in court for the trial. In the aforementioned situation, you should file a contempt petition in the High Court if its order has not been complied with. Obtain a certified copy of the order sheet to demonstrate the status and progress of the case. For more legal help please visit Kanoon India.
Also read: Undertrials cannot be held indefinitely in jail
Lapses in the investigation under SC/ST Act. In a case under the SC/ST Act, a sub-inspector conducted the investigation, while the Assistant Commissioner of Police (ACP) merely signed the chargesheet without visiting the scene of the crime, conducting physical investigations, or gathering statements and evidence. Proxy investigation was carried out by the sub-inspector, and the ACP's signatures on documents lacked memo numbers and seals. The victim did not receive protection under Section 164 of the CrPC, while witnesses for the accused did. The police also removed the SC/ST sections from all accused individuals and omitted the prime accused's name from the chargesheet.
Subsequently, the lower district court disposed of the case, removing the SC/ST sections, and transferred it to another court. Meanwhile, the accused and their associates filed numerous counter cases against the SC/ST victim. This situation calls for urgent attention and intervention.
Asked from: Uttar Pradesh
The trial court is not bound to accept the charge sheet submitted by the investigating officer. If there are a lot of lapses in the investigation, the trial court, instead of taking cognisance of the offence, should pass an order for reinvestigation. However, lapses in the investigation does not give any advantage to the accused but the trial court has the duty to check the veracity of investigation.
In your case, reinvestigation is mandatory for the ends of justice. You should file a protest petition before the same trial court where the case has been transferred. It is not clear from your question whether the case has been transferred after the framing of charges or not. Lapses in the investigation under SC/ST Act is a matter of concern, therefore, you should immediately take measures to ensure just and fair investigation.
If the case has been transferred after the framing of charges, you should move a petition in the High Court under Section 482 of the Code of Criminal Procedure for a stay of the proceedings and for reinvestigation. For more legal help please visit Kanoon India.
