Whether you are advocate or prsonal litigant is not known but you have collected lot of material on this subject.

Only catch point in such matters is that there can not be issue of process, trial or conviction for same set of facts. IT WILL BE AGAINST THE PRINCIPLE OF DOUBLE JEOPARDY. However if the story and evidence supports the story than only procecution and conviction possible UNDER TWO SECTIONS OF CRIMINAL LAW.

Your employer can relieve you by compensating the notice period. You are entitiled to two months wages.  

Hi Sir,

A person dismissed from Indian Navy after completion of 15 years of service is eligible for pension or not? Joined service in Feb 1995 and date of dismissal was on  Nov 2010(for the charges of desertion). Also, It was not a dismissal with disgrace.

In my case of RCR, if she prooves sufficient reasons to live with husband,  and does not want to come to matrimony home, then what is the result of RCR?

Husband keep paying maintenance throught out the life or what?????

and No divorce with wife aswell??????

Can you please clarify?

Respected JSDN ji and other Sirs,

Please guide me why one complainant can not be filed for both the offence ie. u/s 138 N I Act and u/ 420 IPC, even in Kolla Veera Raghav Rao vs  Gorantla Venkateswara Rao and Anr Decided On: 01.02.2011, Honourable Supreme Court held in para 4…

4. Learned Counsel for the Appellant submitted that the Appellant was already convicted under Section 138 of the Negotiable Instruments Act, 1881 and hence he could not be again tried or punished on the same facts under Section 420 or any other provision of IPC or any other statute. We find force in this submission.

In this case also, when a person already convicted u/s 138, on same facts again he can not be tried or punished, but no where it is written that prosecution for two offences simultaneously can not be tried in one complaint on same facts and a person accused of more than one offence, can not be tried for all of them in one complaint.

In our case, the accused was convicted  for both offence in single complaint, decided recently on 08.12.2011 by trial court and matter is pending at ADJ/ Appellate court level.

That is why I require your guidelines/view again

With regards,

Thank you very much sir,

Sir,

I have two more people, and they are ready to produce as eye witness before court, I don’t have any written document except the cheque, yes sir I have a CD and it contains that accused has started an computer training institute,

I don’t have the deposit slip.

Can I pray before court that accused should produce his bank statement of that date?  I mean on which date I have deposited the amount in his account to prove that my demand and that amount is matching.

Sir accused has not even reply my legal notice, can I use this as evidence,

Sir, please suggest me how do I prove that he has issued that cheque for discharge his legal liabilities. Apart of above document.

I’ll be appreciating if you could help me to coming out of it.

One more thing sir, can court rule the order against me if in case I fail to prove that he has issued cheque to discharges of his legal liabilities.

I have taken maternity leave and shifted to my father in-laws house last week, he is a retire Army officer staying at Maharashtra.

What would be the better way to come out of it?

Please help me sir,

Regards

Mahek

Dear Candy,

Pls go thro' yr ltr of appointment as well as the revised ltr of service conditions and/or Service Rules of yr company, - if it says only baic(or even DA?), it is basic (+ DA).  If it says Gross salary, it is gross salary only.

If u hv signed as two months notice period subsequently, it is two months only, as it is does not matter whether u hv signed on yr own will or out of coercion.

You hv said that u joined the company in 2004.  It means, you must be having enough leave in yr credit of which u would be getting encashment of yr balance leave, as on the last day of yr service.  See whether u can adjust yr leave against the notice period.  Or else pay cash as anyway yr leave would be automatically getting encashed at the end of yr service.

One more suggestion, see whether new company is prepared to buy yr notice period.  If so, they will either pay u in advance or else they will ask u to pay and  will reimburse u, once u join them.

Kindly follow the advice of learned Mr. Chugh.

Your manager in all probabilities is neither your appointing authority nor authorized as competent authority by board of the company to accept your notice of resignation. Your manager can not act in such manner in his individual capacity or even under instructions.

If the notice of resignations accepted before effective date of resignation it can be termed as illegal. Your lawyer may choose to make your manager a party. You may approach your lawyer with all records.

Dear Nadeem Sir,

If I can file Caveat, then how to know in which Session Court, I need to file. Because so many Session Courts are there.

Thanks.

Rajeev Sir,

Is there any other way to come to know of the filing of Appeal/Revision Case filed by my husband, if I cannot file Caveat Petition.

Thanks.

Hi friends,

I have query regarding DV.

I got Maintenance Order in Lower Court,

My husband went to appeal, there his appeal got dismissed.

He went for revision, High Court also dismissed his revision petition as he withdrawn. (As the maintenance was interim order).

Now, DV is going to complete.

My doubt is shall I file execution petition before the Final Order is given?

Also, how to get CA copies of Order of High Court. Can I apply for CA copy or only Advocate only can apply?

Only after getting CA Copy, I can file execution petition or with the Order reflecting on High Court Web-site, I can file Execution Petion?

Hello Mr balaji can i get ur mobile no. I also need NOC from court for passport issue.

You should submit a written complain to Electricity board people and also to the police otherwise you will be at fault. The electricity board and police will initate further action.

Regards - kamesh

Dear Sir,

Lower court Judge has ordered DVPC Maintenance Interim Order of 15000/month as working in Kuwait but that  

Same Judge has ordered 6 months ago not travel abroad as a condition in 498A Case.

So how can i pay Maintenance????

Please reply, what to be done???????

Dear Candy,

The company has communicated to you about the change in service conditions whether you have signed willingly or under pressure, once you signed means to accepted and you have to abide by the rules of the company.  As far as the notice pay is concerned the basic pay is a right option hence better to approach a service lawyer submit all the related documents, your request for paying the basic pay and their refusal etc and clear the matter.

Regards - kamesh

mr debashis 88,

no it is incorrect that all husbands are innocent, but undoubtdly most of them are innocent.

Reference article on "Why you should register your property" at Page No 16 of Times of India, March 16, Chennai edition. It says Supreme court has ruled last year that in case of any dispute, you will not have any rights over the property if it is not registered in your name. A person is considered the lawful owner of the property only after it gets registered in his name.

Unfortunately, in Tamilnadu, the buider registers only the undivided share of land in the name of the flat owner, and is refusing to register the Flat on the name of the purchaser. Most of the other States like Karnataka, Andra, Kerala have already passed acts to ensure that the builder registers the flat alongwith UDS in the name of the purchaser.

It appears that the flat owners in Tamilnadu, without realising the legal issues, are very happy to pay a very less amount for registering only the UDS on their name.

My question is, in view of the Supreme Court ruling, can a builder refuse to register the flat in the name of the purchaser, if the purchaser is ready to pay the additional cost towards the Registration fees and the stamp duty?

Sir, I have a plot which has four electric poles in it, when the electric dept. was contacted they said shifting is possible but are asking for a massive bribe....kindly advise me what can be done legally...it is a commercial plot....can i go to court???

Thanks for your reply Mr. Rajeev. Can this be done even without having any proof on my side in terms of documents that my grandpa owned the house? Also one of the houses is almost sold already. Will my mother still get a share out of that house?

husdand side they can quash the case in high court