Recent Forum Messages ( Last 7 days )


Replied in :

Can i argue on behalf of my mother in criminal case.

Posted by : Kamal Dixit   19 February 2017

only advocate permited to argue in defence of accused


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Anticipatory bail after chargesheet

Posted by : Kamal Dixit   19 February 2017

As per high court judgements ,in sec.498a of IPC( non bailable) offence  no custody required in police or jail.. accuse person should be present in courts after received warrant or summon on date.then can give bale application through advocate same time...this is matrimony case easly can be grant  bale if advocate argument proper .In safe side section 438 of Cr.PC Anticipatory bale application can be produce in Session courts and  can take bale


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Section 31 dv act

Posted by : Sachin   19 February 2017

Court cannot invoke the powers of Section 31 of DV Act for non-complaince of order of monetry relief.

Read the complete judgement:

http://www.lawyersclubindia.com/share_files/Non-compliance-of-the-order-of-monetary-relief-9417.asp#preview


New Topic

Section 31 dv act

Posted by : D V K KUMAR   19 February 2017

Dear Experts, Kindly guide over the following issues :

Husband filed Divorce proceeding, notice issued. Wife accepted the notice and filed DV act with acceptance of divorce proceeding against her in her paint. Her interim maintenance application u/s 23 DV act partially allowed, with Order for husband to pay Rs. 5000/- per month to wife. Husband prefer Appeal in Sessions Court u/s 29 DV act, partillay allowed with reducing the amount to Rs. 3000/-. During pendency of Husband Appeal, wife filed criminal case MJC u/s 31 DV act for non- payment of Intrim orders. Husband starts payment only after disposal of his appeal u/s 29 and payed the sum in Family Court in Crpc 125 case proceeding. Now, meantime Husband got the proof of Wife employment much prior of filing her DV act case and hence Husband filed an applicaiton u/s 25(2) DV Act for cancelling Interim Ordes of maintence or reducing it. said application u/s 25(2) DV Act is still pending. Now the trial court listening the case u/s 31 DV act converted the Miscellenous case to Regular Trial case i.e., RT and took the bail of husband. Although the amount in question is already paid to the wife in family court, my question is :

1). Whether wife can file fresh another case u/s 31 DV act for non-payment of money which now rised to Rs. 90,000/- (excluding the sum already paid) and whether court register it as criminal case i.e. RT and asked Husband to furnish bail or police first arrest husband and produce chargesheet before magistrate ? Please Guide.

Regards,

DVK


New Topic

Noc

Posted by : manoj   19 February 2017

Sir, I am working in a psu company. My training is continue. During my training period I selected in another central/psu job. I alredy mention in application that I am working in psu. But my company refuse to give me noc. If I do not bring noc wheather the new company do not allow me to attend interview ? Please help me

New Topic

Loan recovery summons from Bank

Posted by : Santhosh   19 February 2017

I had settled a loan as one time settlement on 2008, but failed to collect closure statement. Bank kept the loan open for a balance of Rs. 250/. Now after almost 9yrs they have sent my guarantee a notice asking him to pay Rs. 1,50,000/. How do I manage this?????

New Topic

Lost a cheque

Posted by : Rohit   19 February 2017

Hi, Need a help. So I have lost a cheque that was issued to me by someone. The current situation is something like, I have filed a NCR with the police against the loss of the cheque. The cheque has been stopped for payment by the person who issued the cheque. Now even the three months period for encashing the cheque is over. So I asked the person who was suppose to pay me to pay the amount since the cheque has been stopped for payment and the validity period for cheque is also over and I have filed a formal complaint with the police. But he is not ready to pay until the police registers a FIR for the same. He says that someone might claim it tomorrow and he can be in legal trouble. But I want to understand that how is it possible since I am giving him a copy of NCR saying that I have lost the cheque. In this regard what should be my next action steps..? Thanks

Replied in :

Regarding noc for appearing in personal interview of cpse

Posted by : manoj   19 February 2017

Sir,

I am working in a psu company. My training is continue. During my  training period  I selected in another central/psu job. I alredy mention in application that I am working in psu. But my company refuse to give me noc. If I do not bring noc wheather  the new company do not allow me to attend interview ? Please help me.


Replied in :

Crpc 125 Interim Maintenence

Posted by : Sachin   19 February 2017

Originally posted by : praveen
Sachin sir, my lawyer is asking me to file RCR, but I do not know what is the advantage of this!! when I am not interested to join with my wife...

 

 

First ask your lawyer to take you out from this mess either by filing appeal or through mutual talk and then to suggest filing other case.

 


Replied in :

Private complaint

Posted by : GOKULDAS KAMATH   19 February 2017

Mr.Kamath,

Don't expect any reply from this Forum because  please remember that this is the forum of lawyers and may be all are like your lawyer.Hence,  there is support from Lawyer brothers, how can they speak against thier own Biradari,don't expect anything from this forum.Leave your fate to your lawyer. It is his prerogative to file the case or not.But, it is his right to charge fee from you.The private complaint may contain the names of persons who may be near and dear to your lawyer


Replied in :

125 crpc - grant of maintence and expenses of litigation

Posted by : BHRIGU DATTA 9475352677   19 February 2017

Strat negotiation among yourself and reach decision as you can file divoce case on mutual consent


Replied in :

125 crpc - grant of maintence and expenses of litigation

Posted by : BHRIGU DATTA 9475352677   19 February 2017

Strat negotiation among yourself and reach decision as you can file divoce case on mutual consent


Replied in :

125 crpc - grant of maintence and expenses of litigation

Posted by : BHRIGU DATTA 9475352677   19 February 2017

Strat negotiation among yourself and reach decision as you can file divoce case on mutual consent


New Topic

Unregistered agreement to sale and sale deed

Posted by : Syed Nawaz   19 February 2017

Hello. I had a some questions about unregistered agreement to sale and sale deeds :

1)  Is an agreement to sale indication of a sale or does it merely indicate a willingness to sell/purchase at a later date? As per my understanding, if the agreement to sale is unregistered then the only available remedy is under specific performance act?  If specific relief is granted by a court, then is it still necessary to register a sale deed?

2)  If the amount of consideration stated in the unregistered agreement to sale is 8 lakhs, but in the registered sale deed it is 2 lakhs, then shall the amount mentioned in the unregistered sale deed be accepted as evidence in court or the registered sale deed amount?

Thank you.


Replied in :

Property dispute

Posted by : Kumar Doab   19 February 2017

Mr.D.Dakshina Moorthy Sr.Office Superintendent,

 

If owner has sold by 1st valid deed ( sale deed) then he is no more an owner.

The deed are numbered/dated and even time might have also been printed.



If this is your problem then you should rush to avery able and senior counsel at your location specializing in such/property/civil andn criminal  matters, ASAP.


Replied in :

Crpc 125 Interim Maintenence

Posted by : Sachin   19 February 2017

You need to find a good advocate who handle these type of cases.


Replied in :

Property dispute

Posted by : D.Dakshina Moorthy   19 February 2017

Sirs, First the property was made on Sale agreement in the morning. In the same day evening, the mortgage agreement was made for the term of 5 years. Both the agreements were made on the same. Which agreement is valid ?

Replied in :

Crpc 125 Interim Maintenence

Posted by : Sachin   19 February 2017

Originally posted by : praveen

Sachin sir,

I approched sessions court and the result in appeal is dismissed by sessions and in order instead of mentioning Job got terminated by employer ... sessions judge has written I was resigned from the job 

That it is the reason i suggested to approach HC


Replied in :

Crpc 125 Interim Maintenence

Posted by : praveen   19 February 2017

Sachin sir, I approched sessions court and the result in appeal is dismissed by sessions and in order instead of mentioning Job got terminated by employer ... sessions judge has written I was resigned from the job ... Even I took NOC from old lawyer dvc appeal and approched with new lawyer and in order same old lawyer name is mentioned by the sessions court


Replied in :

Crpc 125 Interim Maintenence

Posted by : Sachin   19 February 2017

Originally posted by : praveen
Anuroop sir and sachin sir, 

If I go appeal more chances for reducing the interim money but not stay of interim order chances are very less..

If I go for Revision, high chances for getting stay order...

this is my high court advocate opinion

 

I don't agree with his opinion.

Reason:

 

1. If you go HC for DV Act HC will say you to first approach session court.

2. If you first approach session court he will say first pay atleast 50% of arrears and then he will hear you appeal.

So best to file petition u/s 482 CrPC on above mention grounds.



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