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Queries Participated

hage nibo   26 April 2016 at 13:34

Divorce vis a vis restitution of conjugal right

My Client's wife has been having illicit relationship with a married man for the last 2-3 years. On knowing their relationship, my client once punched her hard on the face, to which FIR was lodged against him; however police didn't arrest him. They had an amicable solution with the interference and mediation of our family members.

Now she is having open illicit relationship with that married man. My client lodged two FIRs against that man on the charges of trespassing & adultery and he got arrested twice for the same and released on bail as soon as he got arrested on both the occasions.

Now my client's wife has petitioned for divorce/title suit, What should he do, they have two major college going children and one minor school going. Children are with my client. My client and their children are ready to forgive her and want to live together happily, But she wants divorce at any cost on the ground of cruelty my client that that he once punched her and on the ground that my client is a habitual drunkard. My client has already left drinking 2-3 years back.

Please suggest to dismiss the divorce petition and for restitution of conjugal rights instead.

hage nibo   15 June 2014 at 10:39

bail matter

X is resident of Delhi while Y is a resident of kolkatta. Both entered into an agreement.X cheated Y. Y lodged FIR in kolkatta.Police from kolkatta went to Delhi and arrested X unde 420 IPC and brought to kolkatta. Under the circumstances, where to apply for bail? Delhi or kolkatta?

hage nibo   13 May 2014 at 01:12

Right

Dear sirs,

My father occupied a plot of land measuring about 5000 sq.metres within community land way back in 1968. The land was then a grazing field. No villagers settle there although it has been declared a village by the govt. except a family and our. Since then we have been living peacefully till 2 days before yesterday that whole the villagers evicted our land by declaring it to be community land. My father died last year. Land possession certificate issued by District Magistrate is in his name. But land possession certificate doesn't confer right over the land. It simply means that we are in possession of the land.
I was born there too. Now my question is by which legal provision shall I claim right over the land? kindly help. By virtue of permanent settlement? or By virtue of birth? or limitation period has anything to do ??? If possible kindly provide me a ruling by courts. Thanking you all.

hage nibo   13 May 2014 at 01:05

Right over community land

Dear sirs,

My father occupied a plot of land measuring about 5000 sq.metres within community land way back in 1968. The land was then a grazing field. No villagers settle there although it has been declared a village except a family and our. Since then we have been living peacefully till 2 days before yesterday that whole the villagers evicted our land by declaring it to be community land. My father died last year. Land possession certificate issued by District Magistrate is in his name. But land possession certificate doesn't confer right over the land. It simply means that we are in possession of the land.
Now my question is by which legal provision shall I claim right over the land. Yes I wa svorn there too. kindly help. By virtue of permanent settlement or birth or limitation period has anything to do ???

hage nibo   16 March 2013 at 01:18

Rti

Learned Members,
What if false/fabricated information is furnished by the PIO under RTI Act?
More particularly, how do we know the authenticity of the information furnished by PIO or APIO ???

hage nibo   09 February 2013 at 05:24

Adoption

Respected learned members,

Since years back, an orphaned girl has been living with my Uncle & Aunty who doesn't know /remember her parent/place/relatives etc. She only knows now that Other than my Uncle & Aunty as Parent and their children as her brothers and sisters, there is nobody related to her in this world.
Now the question is, she is matured enough to get married aged about 23 years. My Uncle & aunty want to fix her marriage now. Now, how do they adopt her legally or otherwise, or is there any other instrument to make her the daughter of my Uncle & Aunt legally, so that they could get her married, and one more important thing is to get her Elector Photo Identity card.Please suggest.

hage nibo   26 January 2013 at 13:13

Claims of loan after 5 years

Res. Learned Members,

I availed consumer loan of Rs. 49000/- in the year 2001 from central bank.I cleared the loan amount with interest in the year 2007. In that time I inquired in the Bank whether all my loan along with accrued interest have been repaid in total. Bank official clarified that there was no my name in the defaulting list then. So, I thought I was clear, but forgot to demand clearance certificate from the Bank.
Now, after lapse of more than 5 years my surety/guarantor/employer has been issued with a notice to deposit 16,000/ through NEFT as due against my already cleared loan. What should I do?

hage nibo   26 January 2013 at 12:54

Pleader for plaintiff is made witness to the money suit by the defence pleader

Respected Members,

Kindly help, what if the pleader for plaintiff is made witness to the money suit by the defence pleader?

Because, in the instant money suit by the wife; the husband pleads for his own wife, who is witness to the money transaction done.

Is there any restriction on the plaintiff pleader by way of Advocate Act/professional ethics, CPC Rules or any other relevant law?

Any suggestion by any learned Members?

hage nibo   08 August 2012 at 12:01

Unregistered document

Can any one cite me a ruling, whereby unregistered money lending document was not admitted as evidence???

hage nibo   02 March 2012 at 19:06

Money suit

I was an agent to a financial company that provided 8-10% of interest per month to its investors. I received 10,00000/- from a customer and invested it in the company with his consent. And I gave him a money receipt to the effect that I have borrowed that amount @ 10% per month. Company disappeared. Now he is claiming that amount from me with interest, saying that he doesn't know the company whether it existed or not; but I have borrowed the money and I have to repay back with interest, thus, instituted a money suit against me. The money receipt is neither registered nor there is any witness. Kindly help.