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Forum Messages on 3-15-2012

1 - 20 of 214 in 11 pages
Replied in : Re:Validity of a non registered poa
Posted by : Shantilal Pandya on 15 March 2012
 


I  agree  Mr, N Ramesh ,



cofirmation of truth of execution to be  had from the executant 


 
New Topic : Challenge false mutation entry
Posted by : Divya on 15 March 2012
 


My uncle has given false details in talathi office stating "he is the sole legal heir"...Hence entire property has been transferred in his name....



 



a lawyer has suggested me that I should challenge the MUTATION ENTRY.........I'm staying at Thane, property is at Pune & accused is at Pune.......If i file a case at Pune for challenging the entry then the accused gets an advantage since he is at same location & he can easily manage things....



 



Where (which city )should I challenge the MUTATION ENTRY in????? Who all should be the parties to the suit?


 
New Topic : House bought but not registered
Posted by : bajibabu on 15 March 2012
 


Hi All,



My question is a little bit long.Please bare with me.



Thanks in advance.



 



1.5cents land is there in Bapatla.It  is registered on A's Name.



2.B bought that land from A around 30 years Back but not registered.



3.C Bought from B around 20 years back but not registered.



4.D bought that land from C But not registered. This D is railway employee.



D took loan from Bank on D's Name and on his son name and build House in that land.



5.we bought that house along with land around 9 years back i.e in 2003.But we also not registered.



But on stamp paper D signed properly and His son signed as witness,but placed a wrong signature in english.



As my father dont know english he did n't see that properly.My father thought both signed properly.



6.In 2006 we demolished that house and built new house in that place. 



In the same year  D's son created situation like D went mad and admitted him in hospital and managed doctors and got his father Railway JOB.He cheated Railway.Basically this D's son is thief also.



7.Last year my father registered that land saying that it is our grand parents land .



8. Last Month D's son sent a notice to us saying that he gave that house for rent  in 2008 for us.we paid rent in 2008,2009 and 2010.But we didn't pay rent in 2011.That is his alligation.



Documents we have in our hand:



a.For this house we are paying house tax from last 8 years.Electricity meter is on D's name till 2007 and in 2008 we changed that to our name, we are staying in that house for the last 9 years.



b.The Document signed By D saying that he sold land along with House.



Documents D's Son has:



a.Loan document which is on D and D's son name



Please suggest me how should i proceed.



1.He is trying to get Injunction order.If he get that do we need to vacate the house?



2.As the land is on A's name if we settle with A and get it registered on our name(we already registered this land along with house saying that it is out grand parents land) can we get rid of this D's son case?will this solve the problem permanently?



3.Can i file case against D's son as he cheated Railway annd got JOB.He got Job in 2006.



4.please suggest me how will we get back our land and house.



Thank you so much for your valuable time.



Balaji.



 



 



 



 



 

 
New Topic : Chamge of name
Posted by : Ganesh on 15 March 2012
 


Sir,



I would like to change my son's name in birth certificate.. He had born on 04.09.2010(1.5yrs)... I would like to know what is the procedure... he had born in Trichy(Tamilnadu).Need ur kind advice.. we stay in Hyderbad.Thankyou Sir.


 
Replied in : Re:Urgent help in sec.498a: interim relief granted by court
Posted by : R. K. Prajapati on 15 March 2012
 


Dear Anis



Adv. Bharat is right.


 
Replied in : Re:Re Re Re corrupt enjpy honest denied right to life
Posted by : Kumar Doab on 15 March 2012
 


You have posted :"He explored ways of reaching an out of court settlement of dispute."



Earlier the better for them that they realise that settlement is good for them.



"incharge of divisional office Ajmer accomapanied by  one of his subordinate officer, had been adamant,as usual"



Their adamancy shall be their funeral.

 
Replied in : Re:Maintenance from my husband
Posted by : R. K. Prajapati on 15 March 2012
 


Feel free to ask your query.



first do above said proceeding.


 
Replied in : Re:Salary dues
Posted by : Kumar Doab on 15 March 2012
 


You may issue a legal notice and this alone may fetch you results. Or you may approach o/o Labor Commissioner and Wages Inspectgor.



The matter may get resolved during concilliation proceedings itself. In many of the states 3 opportunities are given in one motnh's time.



Wages Inspector shall ensure earned wages are paid.


 
Replied in : Re:Maintenance from my husband
Posted by : R. K. Prajapati on 15 March 2012
 


If husband was living when you filed case against your husband & his Father-------and  now he abscond--Its seems that he hide himself with cospiracy so that he might not pay you maintenance.



File a case against this conspiracy also move the application before pending cases.



Produce application u/s 126 Cr.Pc for recovery- Court may recover amount from his property if any --- Issue arresting warrant--- Absconding proceeding u/s 82, 83 Cr.pc



If know his passport no. than inform to court that husband intension to run away from court jurisdiction. Court will ban/blocked his passport.



If husband filed complaint case- than case will be dissmissed or exparty against him.



You can get mainetance only from your husnband till he is living not to his parents.



If husband is well health - than he is liable to give mainetance- No question arise that he is unemployed.



If any order passed against parents or any others family mamber than he is liable to pay.



***********************************************************



If your husband/his parents has postpad mobile or PSTN phone than use RTI Act 2005 and get the all Call details. You can get hubby new mobile no., 



what worked did your Husband?



 



 



 



 





 


 
Replied in : Re:Commercial tenant eviction- advice requested
Posted by : Narendra Malik on 15 March 2012
 


 



1.You can file petition of eviction on the ground non-user i.e. the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the petition.



2. no need to serve notice. trace all electricity bills.



3. the ground is strong.



4. that they are using premises. 



5. depends upon the Act and working of your advocate.



6. No.



7. It will provide you another ground of  eviction i.e. nuisance.



advice is based on THE RAJASTHAN RENT CONTROL ACT, 2001

 
New Topic : Failure of cvc to ensure protection to whistleblowers
Posted by : ramakanth b on 15 March 2012
 


A complaint was made to CVC on such fraudulent activities in Bank and complaint was registered. Bank's CVO was asked to file report after investigation. CVO has filed incorrect report with an intention to safeguard culprits. That report was luckily available under RTI and filed a complaint with CVC on the wrong, incorrect report submitted by CVO amounting to perjury. Unfortunately, CVC has asked the same CVO of the Bank to submit a factual report, which he took two years to submit and finally reproduced the same things with a request to close the matter. CVC has closed the matter without any action and without ensuring protection to the complainant, who was punished with compulsory retirement for silly reasons of unauthorised absence. Now, I feel there is no faith in CVC for ensuring justice. Only remedy appears to the High Courts. Can any one advise me on what grounds can be raise issues in High Court for a thorough and transparent investigation in to the complaint and proper action on the culprits including protection to the whistleblowers? Shall be glad to hear.


 
New Topic : 506 ipc
Posted by : MOHAMED RAFI on 15 March 2012
 


Dear Members



I filed a 138 Case against a person and after that his wife started foisting various complaints against me



and in one such case the Hoin.High court has granted a stay.



Soon after the cheque he issued bounced he goes to bank and submits a letter stating that the particular cheque was stolen and simeltaneously files a police complaint stating a concocted story that I had on the pretext of negotiation gone to his place and thretened him and his wife and after I leaving the place found cheques were missing from the drawer and some employee of his has been made as a witness.It was cooked up case as i never went to his plcae and no such incident took place.



This I know is a cooked up story as a counterblast gainst my case on him.



The police registred a case under 420,406,506 and it seems they have investigated the matter and found no substances in the complaint and have dropped sections 420-406 but have charged 506 on me in the Court.



Not only that she had gone to other state and filed a defemation case gainst me as a counterblast case.



Can you suggest me a way out of her and her husband nuisance.please help.



Thanks in advance.


 
New Topic : How do i get bc certificate for my kids?
Posted by : Sivakumar.N on 15 March 2012
 


Dear Sir/Madam,



 


My name is Sivakumar.N, born in Hyderabad. I have done my studies from 6th to college in Chennai with a BC certificate obtained from Registrar office, Chennai. After education, I came back to Hyderabad in the year 1996 and got married and settled in Hyderabad. I have 2 Children born and brought-up in Hyderabad itself and now they are about 13 & 14 years old. Recently, I had applied for BC certificates along with all proofs for my children and it got rejected, saying, I am a native of Chennai. However, my birth place, my wife's birthplace and my children's birthplace is Hyderabad and more over I am requesting BC reservation for my Kids who are born and brought-up in Hyderabad. I belong to Hindu and Caste is KHATRI which comes under BC as per the Gazette notification (No.14 under Group A and Mandal Entry No.217) by central and state government. My question is; are my children not eligible for BC reservation? If eligible, how do I approach for the certificate again? If no, why are they not eligible? I would appreciate an answer for these questions.


Thanks in advance.

 
New Topic : Can indian family court pass any judgement on custody?
Posted by : needhelp on 15 March 2012
 


Hello Experts,



Please answer my questions.



My wife and me are married in India and we are from India. We immigrated to US long back and got citizenship and had two kids aged 9 and 7 born in US. Many issues caused conflicts between us, we are living apart from last 4 years. Kids are with her, she is not sharing them with me. Both of us lived in India for about 2 years after we are away. During that time she filed for Gaurdianship of the kids and I filed for RCR. After that she moved to US with kids and I too moved to US again. Case is getting prolonged since both of us are not attending, getting postponed in 2 month intervals. Lawyers are saying it came to hearing stage will complete in within 6 months are so, asking us to visit India for the hearings. My problem is I can't get more than 4 weeks of vacation, the same case with her. I am willing to leave my job if continous attendance favors me in the court. I am always willing to reconcile but my attempts are going no where. She is not sharing her wareabouts and not ready to share kids. We both don't want divorce, looks like money also not a high priority for us, but both our interest is kids. I haven't seen my kids from the last 4 years, really worried a lot if it gets delayed further.



My questions are, since we are married in India RCR in India makes sense, but regarding kids custody since they are both born in US and we two are US Citizens and living in US from past 2 years, Can Indian court pass a judgement on kids custody? Even if Indian family court grants me occasional visits, can I file for more custody in US. How they are going to enforce that visitation, if we are living in US?



I can easily defend in US courts for partial custody, but I am trying my best without any suffering by all of us. I don't want any forcefull custody, but it doesn't look like it works without excercising my rights. I don't want to get into any unnecessory litigations, but at the same time I can never giveup for my kids. Is is it advisabel to persue the case for me in US, so that I don't miss my kids.



Please suggest me anything, that helps me in bringing my family close to me.

 
Replied in : Re:Form 25-permission to file abroad
Posted by : Sy.patents on 15 March 2012
 


Navya,



A continuation application contains only the subject matter already disclosed in the parent application. And you have already obtained foreign filing permission for the parent, so I do not see any reason why one should need foreign filing permission again for the same subject matter.



Hope this helps.


 
Replied in : Re:Salary dues
Posted by : Mohit Gupta on 15 March 2012
 


THX Mr .Arvind but as i come to know that in labour court the process of this kind of issues are very time consuming. Is there any other alternate to make quick action against company sabkahub.com


 
Replied in : Re:Fake anti-dowry poster girl
Posted by : Democratic Indian on 15 March 2012
 












Originally posted by :Kiran Kumar

"

the entire society is manipulating the things....


"


The most pathetic thing is people are blind and leaders are in race to manipulate things and fooling people. The Part III of the Constitution has been lifted from Bill of Rights of American Constitution. The 5th and 14th Amendments clearly mention that due process of law has to be followed for depriving life and liberty. But our Constituent Assembly deliberately omitted the due process of law to be followed for depriving life and liberty. Which type of persons are afraid of due process of law? Is it difficult to understand? Everything is self explanatory.







The BIll of Rights does not have any ifs and buts in it. Why does our Part III in the constitution needs vague terms like "reasonable" restrictions, morality and the like when there is already Article 14? Is Article 14 unreasonable to protect the right of affected party by the exercise of fundamental right by another party?



 



If one reads about Objects and Reasons of 1st Amendment to our Constitution, the excuse for putting in "resonable" restrictions has been put on court decisions. Were the courts not aware of Article 14 while giving those kind of judgments? Or the courts were manipulated to give such judgments so that legislature may get an excuse to make amendments? One may read the Objects and Reasons of 1st Amendment at http://indiacode.nic.in/coiweb/amend/amend1.htm


 
New Topic : Maintenance from my husband
Posted by : Asmita on 15 March 2012
 


 



Hi!



 



I filled a case on my husband, his parents under Domestic violence Act, court gave judgment for maintenance of Rs 5,000/- and Rs 5,000/- for house rent, plus Rs 50,000/- as additional amount. It is stated in the order that the Non Applicant no: 1 (i.e. my husband) has to pay maintenance from date of application, Rent from date of order & lump sum amount immediately.



 



He appealed against this judgment in district court but did not take any Stay on this order, his lawyer has asked the court to get the case file from lower court, and I have not yet received any summons for this case, now I applied for recovery of the amount in the lower court.



 



The notices for recovery case were sent to all the three (he & his parents), but returned back un-served as they said that he (mu husband) is not staying with them anymore & has left the house, His father & mother also did not accept the notice as the police said that they were not available.



 



I don’t know whereabouts of him, where he is living, where he is working, weather he is in India or not (I suspect he is out of country).



 



I would like to add some more information to this;



 



I had applied for maintenance under section 125 & court ordered Rs 3,000/- as maintenance from the date of application. Against this order also he has appealed in District court & has not taken any stay against this order also.



 



I had filled case under 498a which went against me; & he and his parents got released.



 



He has filled case of RCR which is kept on hold due to my application, until the interim maintenance ordered in this case is paid up to date, here also he has appealed against this interim maintenance in High court.



 



I have no proofs of his income, he doesn’t have any movable / non-movable property, bank balance etc, He is stating that he is un-employed and do not have any source of income & has put up an affidavit in the court accordingly.



 



I am educated up to Bachelors of Arts (B.A) & have done private short courses, but I am not working.



 



I would like to know:-



 



What will be the status of my recovery case, if the DV case file has to be forwarded to the district court, will my case for recovery be held up / defeated?



 



How can I make him pay the maintenance as he is absconding?



 



What steps shall I take so that he will come to the court? How shall I make his passport be submitted / confessed by the court as I suspect that he is out of country?



 



How can I make his parents pay for my maintenance and will the court gives an order asking his parents to pay, but all the orders passed are against him?



 



What should be my stand in district court against both the cases put by him?



 



As maintenance is granted in both the cases, what amount shall I get as maintenance, or will both the cases be defeated in district court? As I don’t have any proof of his Income?



 



How should I proceed further to get money from him or his parents as I am in need of money?



 



What possible steps can be taken by my so called husband & his parents to defeat my claim? So that I can prepare myself to counterfeit those steps, and succeed in getting maintenance from him?



Thank you


 
Replied in : Re:Need license to package?
Posted by : Rajesh Hazra on 15 March 2012
 


You need legal compliance to proceed.Consult a local legal compliance expert to guide you. 


 
Replied in : Re:Salary dues
Posted by : Kumar Doab on 15 March 2012
 


As adviced by Mr. Arvind,approach o/o Labor Commissioner and Wages Inspectgor as ap.



Keep a tab on whreabouts of Prop. e.g. resiential address, official address, family address etc.



Approach media if you feel that authorities have been influenced.


 


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