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Anonymous   03 August 2022 at 09:16

Nbws in crpc125

My brother is regularly paying maintenance of Rs.4000 PM to his child. The wife intentionally admitted in a reputed school of Fees. 16,000 PM and only education arrears are pending and NBWs are issued. His income is Rs.15000/ as he is working in a small company and all records are there. Now 1) shall he file modification order u/s 127 CrPC retrospectively and warrants recall petition in the same family court ? or Go to high court for revision of the interim maintenance order which was issued in 2018 with condone delay. the order is to pay educational allowances actually.

Mahesh Yadav   29 July 2022 at 19:59

Police can arreat after anticipatory bail application ?

FIR has been filed against me of 420, 406 & 34 as i received 41a notice on whatsapp.
I had applied for Interim anticipatory bail but magistrate issued a notice to police and given date of 8th August.
After police statement, decision will be taken for anticipatory bail.
Tomorrow court will deliver notice to Police station.
So police can arrest me or i can show bail application and bail number.

Please help.

Anonymous   28 July 2022 at 18:47

Negotiable instruments act

sirs,
can anybody provide me supreme court ruling to the effect that simultaneous prosecution of the accused u/s 420 IPC and 138 NI Act on the same fact is NOT allowed ?

jobstervijay   28 July 2022 at 04:36

Lawyer sending unauthorized notice

there are 2 instances but in both lawyer sent unauthorized notice
I manly need to know cpc for sending notice, do they need authority letter /consent letter and how to report such mal practice

1) recently copyright notice was sent to one publisher on behalf of another, accuser denies sending such notice in call but not giving in writing, when asked lawyer he said he sent notice on behalf of another lawyer ,another lawyer is found to frnd of accuser

2) when one person was selling flat paper notice was published on behalf of his wife ,but wife not accepting/denying such notice ( her being adamant is one of reason divorce case pending )



where to approch to force lawyer to prove authority
plz note,wordis force

gurinder singh   27 July 2022 at 14:34

Vat penalty

e way bill expired due to a sudden storm on hills as vehicle had to take shelter for few hours for storm to pass. VAT officer intercepted and asking to deposit tax and penalty. I asked trader to pay tax and I will pay penalty as he will get his tax refund, adjusted subsequently. Trader is not agreeing. He says his CA has advised him that he will not get his tax amount back. This seems illogical to me as govt will logically not take tax twice on same goods. Am I right or the trader is right?

Read more at: https://www.lawyersclubindia.com/forum/penalty-under-vat-for-expired-e-way-bill-225228.asp

Anonymous   26 July 2022 at 19:01

Cancellation of bail

Respected Experts,
I am a Newly Enrolled Advocate need some guidelines from the seniors,
Please guide me with caselaw for Cancellation of bail of an Accused who is released on Bail under section 375 IPC.

prakashsingh   25 July 2022 at 16:18

Filing a divorce petition

Dear respected experts,

I am writing on behalf of a friend who is facing trial against his wife under 498a. The trial is underway for almost 10 years and he has been sent judicial custody in the beginning. He doesn't want to live with that lady again, so he has filed a divorce petition twice but got rejected.

Our questions are:-
1. Do we need to file another divorce petition separately or the judgement of 489a will be enough for treating them separated?
2. Will the judgement of 498a help him file a successful divorce petition?

Thanks in advance..

BALKAR SINGH   23 July 2022 at 18:28

Pay protection to ex-servicemen in cooperative banks

Sir what is the policy on pay fixation of Ex-Servicemen reemployed in Cooperative Bank. Is there any pay protection for Ex-Servicemen or not.

Anonymous   18 July 2022 at 14:07

Need clarification on notice period clause

We have following clause mentioned in offer letter for RSUs or bonus:

"For purposes of this document, Participant's employment or service will be considered terminated as of the date Participant is no longer actively providing services to the Company or its Affiliates Unless otherwise determined by the Company or as set forth in a written agreement between Participant and the Company, Participant's right to vest in the Plan will terminate as of the Termination Date.

The Termination Date will not be extended by any notice period (e.g., Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction where Participant is employed or otherwise rendering services or the terms of Participant's employment or service agreement or other employment or offer letter (if any)."

Now the confusion is if the employee is getting RSU vested during notice period or about to get bonus during notice period then as per this clause can he get the bonus or will the RSU vest? we are confused with following particular statement:
"Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction

Now suppose employee is having 2 months notice period and he is supposed to get bonus in 2nd month of notice period what will happen as per the above clause? will he lose the bonus/RUSs? or he will get it as normal?

Thansks,

IRSHAD ANSARI 8354   15 July 2022 at 20:59

174 mv act

सर्
मोटर एक्सीडेंट क्लेम में वाहन के स्वामी के खिलाफ आर्डर पास हुआ है।रिकवरी सर्टिफिकेट कोर्ट द्वारा जारी हुआ।कलेक्टर के यहां से यह जवाब आया कि वाहन स्वामी की मृत्यु हो गयी है।वाहन स्वामी के नाम से जमीन है।क्या कोर्ट जमीन को कुर्क करने का आदेश दे सकती है।कोई रूलिंग है।