Forum Messages on 4-4-2012

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Re:Re Advice Required for DV act Case Maintenance

Posted by : Member (Account Deleted)on   04 April 2012

Dear Advisors,

Please provide me with some information, 

How should I defend myself from these cases, some legal points.

with regards


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Re:Precaution if anticipating false 498a or dv-

Posted by : Vikashon   04 April 2012

My in-lwas attitude are alarming as I have received information that they are planning to file a case against me. They have clearly asked me money and separate residence for wife. I replied that this is not a way but they are admant. Plz advice me to take precautionary meassure against 498a and DV. I don't want to initiate things. I hope if I can work out for my marriage or mutual divorce so that both family can avoid pain..

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Company taking back their words on appraisal.

Posted by : Ishan Rajpurohiton   04 April 2012

Hi there, I just want to know if this can be termed as cheating and is there any possible legal solution.

"In the Interviews a company promiced me an appraisal review after 6 months" and now they say that perfomance appraisal was done on 1st october and I have joined on 3rd october, hence the next performance appraisal was done on 1st of April and me being not completed 6 months was not qualified for the same... where as you can see that 1st n 2nd october 2011 was a weekend hence they asked me to join on 3rd oct 2011. 

Now the company comes out with a new excuse saying the performance will be reviewed not in october as well but on 1st April 2013 (i.e. 18 months after my joining date, where as me and every one were promiced an appraisal in 6 months.

Please help me out as I am being pressurised by the HR's saying they do not have budget and what we are demanding is not fair. I totally believe this is cheating but I need some expert reviews on this.

Many thanks in advance.

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Re:Petition required

Posted by : Shantanu Wavhalon   04 April 2012

no pre-prepared formats.

prepare the one on the basis of the merits of ur own case.

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Re:Can a marriage be anulled after wife leaving the husband inr

Posted by : Shantanu Wavhalon   04 April 2012

My concern is can she still claim for maintenance (Y E S) and fight a case (Y E S) or this could be a straightforward anulment case (can be - provided, wife does not contest your petition) ?? 


can she still revive the sec 498 a on me and claim that she was tortured and asked for dowry without any proof and get away by lying and faking things in the court


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Re:Requesting suggestion on how to approach for divorce

Posted by : frustratedhusbandon   04 April 2012

Hello Mr. Kishtaiah,

Thank you for your advice. I don't see my good future with her. One cannot change a person's greed for money I think. I think it is better to file go for separation than staying together.

The only thing worries me is how would be my future if she'll not change at all.

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Position of legitimate sons in father's property

Posted by : Nitish Bankaon   04 April 2012

Hi I wanted to know my rights/position in the property in the name of my father

Facts which I know

1.The property is an ancestral property not self aquired.

2.My mother and father divorced living seperately and my brother are only legitimate sons

4.Father is living with his wife(married again) and has no sons.

5 Both sons are major and self dependent.

Please tell me what I can do immediately to have a right on that property and what if the property is seperate property or if he in mean time transfer the property to his wife.

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Re:Arbitration clause in leave & license

Posted by : M. A. Khanon   04 April 2012

leave and license agreement is governed under Mah Rent Control Act. In Mumbai Competnent authority is in Mhada buiding, wherein licensor can make application for eviction of licensee.   every dist. has one competent authority which deals with proceeding regarding leave and license agreement.  however, agreement is to be registered.

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Re:Can a marriage be anulled after wife leaving the husband inr

Posted by : Avnish Kauron   04 April 2012


are u a lawyer?

if no cosult one to teach u indian dragon 498a and basis for annulment/divorce.

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Unethical practices?

Posted by : Naagrikon   04 April 2012

Esteemed Learned Members,

i have been working in a IT hardware company as senior manager sales. they have unprofessional rules, they demand a  report on who i met, what i did during the day, who i spoke to etc everyday with the contacts and time taken for each activity. If they feel that the activities are not enough to cover a whole working day they cut my salary. if i dont send the report each day - they cut salary. They dont give salary slips and sometimes dont deduct tax on source.their product is not ready for the market yet they do such things. They have more than 20 employess past 2 years but they dont pay PF, rumor is that they will start pf but will take employers contribution als from employee only.

everyday there is harassment on cutting salary because of report and the text of the report. what to do? i havnt found another job.

can i send them notice? what is the chance to win such a case?


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Re:Sale land by using fraudulent document

Posted by : M. A. Khanon   04 April 2012

fraudulent POA can be sought to

be cancelled though court, with order of depositing original POA in court to prevent its further misuse.  On the basis of fraudulent POA sale deed is also void and u can seek declaration to that effect, from court.  period is three years from date of knowledge.

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Re:Re Victim of tenant by landlord

Posted by : H. S. Thukralon   04 April 2012

Mr. Suresh Godbole please go through the reply of Mr. Bhasin which is in consonance with my reply. A statutory tenancy and a simple lease are two different things.  When tenancy is not protected under the rent laws, and there is no fix tenure of lease, it can be terminated as per notice under 106 TPA. it does not matter whether it is commercial or residential premises.  Bonafide needs and comparative hardship comes under rent control laws. that is why I asked whether the tenancy was protected i.e. rent laws apply and Mr. Bhasin has also opined that considering the rent being 7000/- pm perhaps he was out of ceiling for a protected tenancy. 

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Re:Re Sleeping partner

Posted by : Sunil Dhayanion   04 April 2012

I am not sure but just clarifying my doubt, it is necessary to mention sleeping partner in partnership deed. If not then how and where to mention sleeping partner in document.

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Re:Collection of evidence by unfair means

Posted by : rajiv_lodhaon   04 April 2012

Do not drain urself, be specific what proofs party A & B have to prove their point!

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Re:New law for women

Posted by : rajiv_lodhaon   04 April 2012


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Posted by : rajiv_lodhaon   04 April 2012

Yes, the judge may delay pronouncing the verdict..............................So wait!

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Re:Sale land by using fraudulent document

Posted by : Adv.R.P.Chughon   04 April 2012

The facts are not clear...Immediately file a suit for cancellation - the period of limitation would be 3 years from date of knowledge as to voidness.

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Re:Rcr - counselling

Posted by : rajiv_lodhaon   04 April 2012
Proceedings of counseling-session never become part of case file. Its rather a level-field to put ur points, either way!

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Re:False cases filled by wife. is this cruelty?

Posted by : rajiv_lodhaon   04 April 2012
What was the actual ground for filing divorce case by the husband? Was it on cruelty ground?

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Sale land by using fraudulent document

Posted by : Hemant Ahiron   04 April 2012

Dear sirs,my father was mising since last seven years and till there is no any msg of him, other peson sale our land by using fraudulent power of attorney and sale deed in July 2010, now i want to know that the procedure of cancellation of power of attorney and sale deed, also please mention the time limit of submit the suit for the cancellation, please reply at earliast


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