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Expert explains

Published: 04th June 2016 06:41 AM  |   Last Updated: 04th June 2016 06:41 AM   |  A+A-

1 A contractor took `15,000 for repair work. But he has not done any work, and demanded some more money. I refused and advised him to return the advance money. He has not responded so far.  Later I came to know, he is a habitual offender. I lodged a police complaint, but in vain. Advice.

R Krishnamurthy

File a petition under Section 482 CrPC in the High Court against the  police concerned for registering the FIR and to proceed with the investigation of the crime.

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2 My relative made a will in Chennai which has been registered in the city. After the demise of my relative, what is the procedure for the will to be probated?

Ryan Easdon

You will have to file an original petition in the High Court of Madras for the grant of a probate.

 

3 In the supreme court, a case of death sentence was commuted into life, the reason being the criminal action was done ‘at the spur of the moment’!   I wish to know under which legal provision this commutation was pronounced?

R Sundararajan

Grave and sudden provocation of the accused for committing the crime is a valid defence available for having committed the crime.  Either he may be acquitted completely or the sentence may be reduced.  Under the present rape law, the victim girl can even murder the rapist. A person whose death sentence was commuted to life will have to undergo a minimum sentence of 14 years before any decision taken for grant of reprieve under Section 433A CrPC.

 

4 Our company purchased a property with other individuals in 2008 for collateral and factory purposes after due diligence. We could do nothing since this property is in litigation till date.  We sold a part of the property for less than market rates in April 2015.  One of the company directors’ passed away in January 2016.  The company has suspended operations also. What recourse is there in law to claim damages from the sellers of the property ?

C Manivannan

File a suit for damages in the competent civil court which is having jurisdiction over the area in which the property is situated.  If the agreement between the seller and the purchaser contains an arbitration clause, then you must go for arbitration.

 

5 I am 73 years old owning and  representing a joint interest of 200-year-old ancestral property in Karur district. We have a vacant site of 6.2 cent that our neighbour attempted to occupy. I have filed a suit against this in the court and it has been going on for more than 3 years. Despite an injunction order, the neighbours are further encroaching the property. How to stop them?

B Lakshmi Narayanan, Karur

You can file a contempt petition against the encroachers in the same court.

 

6 I had made a fixed deposit at Unitech on Feb 2, 2013 for `1 Lakh which matured on Feb 2, 2016. Company is not paying back. What is the best course of action to get back my money ? I am in Odisha and Unitech is in Delhi.

Rachita Mohanty

You can file a suit in the competent court at Odisha or file a winding up application in the company court at Delhi.

 

7 When judges pass illegal orders,  is there any method to punish them?

Tharcius S Fernando

If a sub-ordinate judge is accused of passing orders with corrupt motive, he will removed after enquiry. For the higher courts, impeachment proceedings in Parliament alone is the way out.

Justice K Chandru is a former judge of the Madras High Court

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