Arjun Arjun
29 March 2022 at 12:57
Sir,
My cousin is a central govt employee(statistical investigator). He was assaulted by a person for the reason of visiting houses for data collection purpose in day time, when most of the male members are away for work. My cousin was admitted to hospital and hospitalised.
Police shared his residence address, mobile number etc to the opposite party and the opposite party is calling/visiting his house for compromise.
SI of the police station told his office in charge that as per their enquiry in the area, my cousin was not wearing id card and this is the reason for beating my cousin. However, SI is not true.
Also, the culprit was bailed by the police. Kindly reply whether police can give bail in a non bailable offense like attacking a public servant in work?
Anonymous
23 March 2022 at 13:23
CAN COURT DEMAND EXORBITANT COST IMPOSED EARLIER ON GRANTING ADJOURNMENT, WHEN IN REALITY SAID ADJOURNMENT WAS NOT TAKEN DUE TO ECONOMIC CONDITION:
My friend who is Disputant (Plaintiff) and his family member appearing in-person having Case pending at Co-operative Court, Pune. During the beginning of 2nd wave of Covid, in March 2021 on hearing he made an application to Court for adjournment as he is having Cardiac problem and a Co-morbid person.
Court while granting adjournment, noted that- “if further adjournment is to be granted it should be subject to cost of Rs. 2000/- to each to the Opponents (Defenders) to be paid forthwith. In view of this application is allowed”.
As there are six (6) Opponents (Defenders), means he has to pay forthwith Rs. 12,000/-. As he was economically not in a position to pay such exorbitant cost, he make a note on order that he is not in a position to pay cost. On the same day later on he filed an application further to continue with proceeding. Hon’ble Judge in his own hand writings also noted in Roznama that- “Disputant (Plaintiff) made a remark that he is unable to pay cost. Hence matter is kept for final argument. Later on Disputant (Plaintiff) filed application Ex: 21. Matter adjourned for reply of Opponents (Defenders)”. This Roznama also proves adjournment was NOT taken.
Now in March 2022, as my friend Disputant-1 got severe Skin problem and he was not in a position to go to Court. Therefore his colleague Disputant-2 (Plaintiff-2) went to the Court and apply for adjournment on the bases of Skin problem of Disputant-1. The Court while granting adjournment noted that- “adjournment is to be granted it should be subject to condition that the appellants shall make compliance of earlier order Ex: 5 before next giving date and proceed to argue the matter positively. In view of this application is allowed and adjournment is granted”. Here Ex: 5 is the order granting adjournment in March 2021 wherein total cost of Rs. 12000/- was imposed. But, it was not taken due to economic condition.
Respected experts are requested to give separate reply on below 3 points, which will help a lot to my friend, who is not sound economically.
My Query:
a) Whether Court can demand cost imposed in past for adjournment which was in reality not taken even as per hand writing of Judge in Roznama?
b) What can be done for the same before or on next hearing date?
c) Can it be said that order of Roznama hand written by Judge has nullified his own earlier order of imposing cost while granting adjournment?
jobstervijay
19 March 2022 at 23:24
first of all its not educational query,I am not a law student
we had centralised 2 rounds per merit list,I could not get admission to law college which i want
they put another merit list of institude wise on saturday 12 pm ,I was another city and exam so could not attend and my name was actually unexpected
I gone to my homeon sunday and then monday morning to law college ,more than 900 km travel ,early morning they said admission was full
I am 39 and have leg ligament inury plus venus thrambiosis
had too much fatigue in this hassle
now questions are
1) what diffrent rti questions can I ask under rti act and how can college save them if they put students under management quota
without going on aggreesion I want admission,plz help
Anonymous
17 March 2022 at 10:10
21 years old state case for hearing now. The state witness including medical officer and investigation officers are dead and only interested witnesses ( relatives of the victim) have deposed their statements but made mistake in cross examination. Now is it fare to close the evidence by state prosecutor in favor of the accused. what if accused not found guilty and not convicted ?
Shafi Ahamed
17 March 2022 at 01:51
Can third party file a criminal appeal before first appellate court
Please advice me
BIJIT Kumar
13 March 2022 at 00:10
The Power of Attorney executor lodged a complaint against me under Section 468 & 471 in the IPC in the Police Station that I had made the said General Power of Attorney in fraudulent means and subsequent registration of Sale Deed for transfer of 10 Lessa land and then mutation is also forged. Now, the Police Served Notice U/S 41(A) CrPC & 91 CrPC to me to report to the Police Station along with all original documents like the POA, Registered Sale deed for verification & threatened to cease all.
I shall be highly obliged for your kind and valuable advice/suggestion in this regards at the earliest please.
Thanking you,
Yours Sincerely,
B Kumar
Email: bkb5219@gmail.com
lakkesh
10 March 2022 at 17:16
i, filed the O.S case in district court for the partition suit and now i need to present a witnesses in before the Hon'ble court
i filed the O.S case as a party and in person and also i am plaintiff in the case, with out advocate i am conducting my case, so now trial as started evidence is completed by my side and now i need present a witness from my side
i request to provide format for witnesses evidence of pw2 in CPC
Anonymous
07 March 2022 at 10:04
Hi all,
I got married 3 months back, and after a month of our marriage, my wife moved to another country for her studies. It was told to me before our marriage only as she had taken up admission back in 2020 but due to COVID, the sessions were not taking place, this being a 2 Months DIPLOMA COURSE in MAKE-UP. While in India she has her own Salon Business too, which even though was in existence since 2019 wasn't doing great due to COVID related crisis. Now, the thing is I am a MBA and I had forwarded my help in Marketing and Sales related issues for her business, which she duly declined (it being her own business I also complied to the same). My wife had no intention before to sell her business, but pretty recently she had expressed to sell off her business and move out of India to settle and work in UK (which she got from her college where she got a placement opportunity). All this being said, she had not told or discussed with me nor does she want to talk to me regarding this. This just being 3 months into our marriage. She had pre-planned her studies hence it was not within my rights or her's to talk about it, but now with her plan to just take up a job without even discussing it is somewhat not within my conjugal rights, I would quote some,
Under section 13 of the Act, cruelty and desertion are grounds for divorce. These are grounds for judicial separation as well. In cases where the wives' employment at places other than the husbands' place of residence and job has led to marital disharmony thereby leading the husband to file petition for restitution or divorce, the issues raised have been:
(a) does the wife's withdrawal from the husband's society to pursue her job, "without reasonable excuse", entitles him to a decree of restitution of conjugal rights against her?
(b) does it constitute 'desertion' within the meaning of section 13 so as to entitle the husband to a decree for judicial separation or divorce?
(c) is such a wife guilty of cruelty to her husband, under section13, thereby entitling him to seek judicial separation or divorce?
In one such case, viz- Gaya Prasad v. Bhagwati ,AIR 1966 MP 21, case, the trial court had conceded the wife's right as it was necessary for her to work because of financial circumstances, since the nature of her job required her to stay at a place different from her husbands' it could not be said that she had unreasonably withdrawn from the society of her husband, according to the trial court. On appeal against this by the husband, the order was reversed and the high court held:
Merely on the ground that the husband has small income and the wife if she is allowed to serve at a place away from the marital home can substantially augment the family income, cannot be held to be a sufficient reason to deny the wife's society to the husband. Nothing in Hindu law warrants the adoption of such a course.
In continuation, in my case my wife has herself chosen to work outside after selling her business without even trying to consult me on this while I am left in the dark and deprived of any conjugal rights, also I have forwarded my own help in terms of my knowledge to help her but she refused to do so and without consulting has taken up the job, while I may not have a very high salary but is enough to take care of her, while she reasons that she doesnt want to stay with my family nor does she want to leave all her lifestyle.
LCI members, can anyone guide if I can seek to revoke her passport against violation of my conjugal rights.
P.S. - I am not taking up any case against her as of now.
shivani
06 March 2022 at 16:42
What is the meaning of
" stay is granted till further orders" ?
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