look, you have professional relation with them, then you paid for their lunch and dinner, that is your fault.

They did some work for you.In my view forget them, think of your 22lacs. Change the lawyer carefully and he will do the needful. In LCI itself you will get many efficient lawyers.

When you change the lawyer the it will be like a profeesional slap on them and their career.

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Think big! Get idea!.

Hi All,

I am planning to purchase a property at Kurnool, Andhra Pradesh. The property is semi constructed house, the builder is agreed to complete the house and registration for amount RSXXXXXX.

I need to pay the margin amount RsXXXX lacs on this Monday and once I pay the margin amount, we will write down the terms and conditions of the agreement and then will go for the loan for the remaining amount.

1. Could you please let me what documents I need to check before paying the "MARGIN amount"?  and how and where I need to verify the documents?

2.  Please let me know what terms and conditions I need to include in the agreeement, so that I can fight against the builder if builder makes any frauds/cheats/less quality ..etc

3. If you have any sample agreement, could you please share it?

Thanks,

Masthan

yes unemployed husband can claim maintenance from wife..

Central Government Act Section 24 in The Hindu Marriage Act, 1955 24. Maintenance Pendente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent 1. Added by Act68 of 1976, s. 16. 2. Ins. by s. 16. ibid. 3. Ins. by s. 17, ibid. income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable

The licensee has given me another cheque. But as the cheque no. mentioned in agreement has bounced, validity of the agreement is my concern. 

Sir, I had been frauded by a person for more than 20 Laks and that person was absconding. After having several visits to concerned police station, and no complaint of entertained. After that  I approached advocate Mr. Nivruti Chapke and Anita S Patil(their firm), they said, they will take 2Laks if recovered upto  18L and 3L if recovered up to 22 laks. Immediately they asked me to pay 20K, which i payed by cheque. after receiving money, they strted taking everything lightly and even to draft the complaint i had to chase them several times. Once the complaint was drafted, it was sent by registered to CP office and local police station.  As usual, the police did not entertain us. All these visits, i was taking them in my vehicle and used to pay for lunch and dinner everytime we met. Since 2 months past, there was no FIR,, nor any case filed, i started asking them to return money. Now they say that drafting was 10K, another 4 visits were 2500/- each thats 20000. Out of pocket expenses another 2K. Its a clear case of deceit as no such fees were discussed with me before. Now I want my money back as they have not done any work.

Plz help.

Regards,

Preeti

@samuel

your reply should be sticky to this forum.....

me bows..

Hi, 

Here are some of my queries regarding my alimony case, any help or input in this regard will be very helpful. I would just like to know how law view all the events. Please refer me any old judgements in similar cases so that they can be referred during the argument. 

My marriage lasted for 1.5 years and during that time my wife kept on asking for separation even on minor issues and never tried to sort out the differences. Ultimately after tolerating all her acts and negligence I have filed for Divorce in family court. My wife received the summons but they never appeared in the court even once and meanwhile she even asked me to sent all her stuffs back (before even receiving the summons), that I did immediately. So after serving two summons court has passed the order in my favor and Decree states that I have been harrased by my wife by various acts and that amounts to cruelty towards hunsbadn and I have been granted divorce. It took 7 months for court to pass the orders and subsequently 90 days when the verdict could have been challenged, but my wife or In Laws didnt took any interest. But now after 7 months of decree they have filed a case against me asking for permanet alimony siting the false charges of harrasament.

I have following queries regarding my case:

1. By not challenging the decree of divorce, doesnt my wife has shown that she is party to that decision? Since court has ordered that I have been subjected to cruelty by my wife, and by not challenging it virtually she has accepted it. Does she still deserve alimony? 

2. She has asked for permanet alimony under section 25, does she deserve a chance under section 25 as marriage has already been disolved and she is aware of it. 

3. 6. If I can prove that she was the one seeking separation (Her SMS asking for divorce and mail for asking all her stuffs back), still I have to pay her money. 

4. I have not taken any dowry neither she was subjected to any domestic violence. Also they have no police compliants against me on both grounds. So does her charges of harrasment stands any ground? I can prove all her charges wrong with evidence in the court. Though becasue of some of her acts I did lodge a complaint (not FIR just FYI) to police about her conduct. 

5. Her academic qualification is same as mine but she is not willing to work and so is not earning anything. She has mentionedin petition that I didnt allow her to work, but I can prove that I took her to various job oriented courses and forwarded informative mails as well. but she refused saying she cant wake up early and she cant work under anyone. How am I reponsible in that case.

6. She belongs to an afflunte family and their daily business itself is more than my yearly income. She is staying with her parents. 

7. Does she deserve expenses incurred during marriage ceremoney as well? As there were expenses from our side as well.

WHETHR AN  HUF ACCOUNT CAN BE OPENED WITH AN RC STANDING IN THE NAME OF FIRM ONLY I.E. WITHOUT ANY MENTION AS HUF

Thanks for this bookish and generic extract...my question (though may silly) but were little specific...

Dear Sir,

My wife had left my house on 30th April 2006 since she was having an affair with someone else and thereafter filed a false 498a case against me & my parents.In 2007 she had filed for divorce and alimony on grounds of cruelty and I had filed a counterclaim stating the same reason.Reconcilliation had failed.

However it is 2012 now and the case is still dragging on.How long does this kind of divorce cases take to end?

I have not lived with my wife under the same roof since 2006 does that make the marriage null & void?

Regards,

Rajib Banerji.

Hello,

I am working as HR in ITES company. I have the following questions.

1. What is the compensation to be awarded to employees if they work on National Holiday?

2. Do we have to give them a compensatory off on top of extra compenstion for working on National Holiday?

3. If we are maintaining a Physical attendance register can we ask them to sign on it on National Holiday?

4. What is the minimum number Holidays (apart from Leaves) an employee must be awarded?

Har date pai merai paise khurch hote hai magar merai haath mai kuch bhi  nahi aata hai. Government nai itnai rule banai hai ladies kai liye magar society fir bhi Men kai barai mai souchti hai.

Dear Mr. Kumar,

Thanks a lot for the valuable inputs. As they have terminated me and I don't have any concern with my termination or resignation and don't want to be any sort of good books with my ex employer. I have started my own business which is doing good. I was not even considering to ask for my full and final settelement, but the issue arises when they put an allegation on me for hacking their website to create some fake mail id and they threatned me for police complaints (in written over mail). When I replied them with a strong mail and told them not to harras me or threaten me with any sort of police or legal actions then post my reply I never recieved any mail related to the same issue. But after some days I recieved a mail from HR to give the amount in favor of my ex organisation a sum of rupees equivalent to my one month salary. So from there I want to file a recovery suit against them. Also want to know can I ask for the expenses incur during the case or not?

Regards,

Sunil

So Now is it advisable to compromise or reconcile with such woman if she wants to come back after filing a case and now ready to withdraw.

(assuming that  all persuations, mediations from family and relatives and friends failed and then case was filed as it happens in most of the cases)

@SMita: I understand not all cases 498a are false, but knowing the amount of pressure and pain that other party would feel, wife are bothered  free to alligate husbands. 

1> in your statement you have mentioned a lovely list of"498a,504,506 and DP act...." and now are claiming you want your husband back. Where in world a relationship can forget and forgive criminal cases?

2> When you say threatened to kill, was it like they tied your hand and lit on gas? or put kerosene oil, like old fashion way? ..  just be realistic, word of mouth doesn’t kill anyone.. this may support your allegation before law definitely NOT on layman terms in this society.

3>  I am sorry if I am fat figuring on you, but I am getting million questions.

4> by nature, if you scare a baby and next moment calling for a hug, how that is so possible at ease?

5> True love ever get succeed, dont worry. You will get your husband back. If you had loved him truly. When I say love, Not for just giving up dreams and hopes.. look at from your hubby side as well..( Honestly)

6> When I say this, I called my wife first time after forgiving her, she used that as an opportunity to take more revenge.... that a pity story, bottom line is I always fond of my shared and intimate thoughts....,  

7>  Nowadays, an educated/working women, single daughter(born gold spoon), short education huge money earning: They are fast and want a family life as they see in western life style that paves way for all confusions..

what their immediate need is:

a)Insisting to give up all Husband related relation and frame a 2 team family like in new age Coffee advertisement commercials.

b) forgetting satisfying FIL, MIL are old and disrespecting thier age and treating them like cold blooded enemy and interpreting every single word and eye sights... of course, a well balanced learned husband can do balancing but this should come down at some point.

c) Husband should come first to wife and be transparent on very next day... should consider his mom life a guest!

d) Wife's Mom and Dad should be treated like their only great guardians/relation and their blessings are so powerful and jokes and real laugh out louder. Other hand, just pretend for FIL and MIl are exist but treat them like waste creatures, and those waste creatures are body of scum did noth but somewhere mistake happend to linked with husband( who born from staright from sky).

e) a fun filled family come to good shape only when wife mom serves something, claiming that is the my daughter idea...., apparently a good family proudful joke which should turn to realise like wife and wife's family are seldom and saviour for husband.

If we deny all, we will be roped in with legal threat so called DV , 498a etc and etc.... 

I am feeling very sorry for the sudden transformation on Indian Family Life style. from the influence of western culture, we Indians should stick and be proud of our own soil culture..., a wife is so powerful and lovable word! that every husband should proud of and a wife should be entitled for the same.

Dear Samita

No need to worry about it, filed an application in written or oral before the court for mediation  and try to settle the matter before mediation judge or mediagtion incharge. never left the hope, evrything possible for hopeful person.

Feel free to call

Dear Querist

No need to worry about it.

you should tell the truth to IO as such done in your life no need to tell a lie, if you are innocent defenatly you will win.

feel Free to Call

Dear Querist

according to section 65 B of Indian Evidence Act, 1872

65B. Admissibility of electronic records:

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded

or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a

document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in

any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of

which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: -

(a) the computer output containing the information was produced by the computer during the period over which the computer was used

regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful

control over the use of the computer;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is

derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it

was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the

accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary

course of the said activities.

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period

as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether –

(a) by a combination of computers operating over that period; or

(b) by different computers operating in succession over that period; or

(c) by different combinations of computers operating in succession over that period; or

(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more

combinations of computers,

all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and

references in this section to a computer shall be construed accordingly.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things,

that is to say, -

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing

that the electronic record was produced by a computer;

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,

and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the

management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of

this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(5) For the purposes of this section, -

(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly

or (with or without human intervention) by means of any appropriate equipment;

(b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the

purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that

computer, shall be taken to be supplied to it in the course of those activities;

(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human

intervention) by means of any appropriate equipment.

Explanation: For the purposes of this section any reference to information being derived from other information shall be a reference to its being

derived therefrom by calculation, comparison or any other process.

Feel Free To Call

Dear mani

first of all raise highly objection on set-aside application and proved before the court that there is no sufficient reason to allow this setting aside application and dismissed the application.

no need to try contest the case, 

If the property allotted in favour of Mr. X, if the amounts due to the MCF paid out of his earnings then there is no right to any person/children other the Mr. X.

Hence Mr. X may settle the said property in favour any children as per his wish without any interruption from anybody even from his children.

If you want to avoid future litigation, you may get consent of the other children by admitting them as the Witness in the Family Settlement Deed.  Hence they will not claim any right over the property from A or B in future.

The Release Deed concept is overruled in this case.

Hence you may draft a Settlement Deed executed by Mr. X in favour of Mr. A and the same document has been attested by the other children of Mr. X.  The beneficiary also will claim stamp duty concession and also he gets unquestionable right over the property.