Recent Forum Messages ( Last 7 days )


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jurisdiction of civil court in cases of maternity benefits

Posted by : Puranjay Trehan   24 June 2018

under section 23 of the maternity benefits act, 1961, can a woman directly approach the civil court in case her employer commits an offence under the act.

New Topic

Fir against me for forged documents

Posted by : Petchi   24 June 2018

We have got cash credit loan for our business purpose. Recently, due to loss in business, we could not able to submit renewal papers along with audited financials. Now, the account has become NPA. We have been framed charges under Sec.420 for submission of forged/fabricated financials,which we havent did. Bank is telling that we in connivance with bank manager has dothe fraud has been done and because of this fraud bank is stating that they had incurred loss to a sum of sanctioned limit.From the preliminary investigation, we came to know that bank manager himself has submitted forged financials and also signed our signatures in renewal papers to avoid the account becoming NPA due to non-renewal and to mitigate the audit comments.But still bank is saying the fraud has been done jointly in consent with us.

 

 Apart from this case, bank has now started recovery process under SARFAESI.

please share your opinion, since we have not done fraud, how we have to defend the case.

If the account will be closed by sarfaesi,still whether we have to defend the case or case will be closed.If not,how we have to defend the case?


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Wife filed for search of parents locker under dv case

Posted by : MSK Dhingrala   24 June 2018

Originally posted by : Ash*t
Under what argument & law will her case be dismissed?


Ask your lawyer. You already won the case and after that you have posted this problem here.  I think your lawyer is a inexperienced one.  All the best.


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am I file a case

Posted by : Kumar   24 June 2018

I am from Karnataka & I am Hindu. I lost my father already because of her torture & I don't like to loss my two elder brothers & my first elder brother wife (sister in law) because of this non justice tension. I feel that to hate Indian law system.

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am I file a case

Posted by : Karthikeyan   24 June 2018

kumar, First you cool down. will help you some.guidance. by the way ...you are from ?

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What is range of child's maintenace provided by court

Posted by : aftabak   24 June 2018

To pay tribute to these hot shots, club houses made High Roller gambling clubs for the hotshot players. casino


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can a finance company sell a surrendered vehicle without the presence or without intemating the owner of the vehicle?

Posted by : Hemant Agarwal   24 June 2018

1.  When you hypothecate the Vehicle in favor of the Lending Bank, by virtue of a Loan Agreement, THEN you do not remain the absolute owner, till the hypothecation is lifted, on the documents, which is possible only when the Loan is fully paid.

2.  By virtue of the Surrender note of the Vehicle, you have voluntarily relinquished your rights on the Vehicle and the Lending Bank, becomes entitled to dispose of the Vehicle, without any further reference to you, more so specifically due to your Surrender Note.  Hence now you will not be able to claim any adverse claim on the Vehicle and now you have become liable for the residual Loan amount that the Bank was not able to recover, after disposal of the Vehicle.

3.  You may raise a dispute on the Bank's Sale-Price of the Vehicle and try to deflect the Banks claim on the remaining Loan amount.

Keep Smiling .... Hemant Agarwal


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Remarriage after expate decree

Posted by : MSK Dhingrala   24 June 2018

Originally posted by : surya
Hello  Sir/Madam,

I got married in Jan,2012 and due to differences between me and my wife ,we have separated from August 2012 and living sepepeartely . She had filed a 498A  complaint against me and family members in dec 2012 and is pending for trial at the court . The current status is pending examination .

After waiting for more than 5 years and multiple tries for reconciliation , I have applied for a divorce in August 2017 and got a exparte decree in Apr 2018 . She had attended for the counselling(lok adalat) and few dates in the court(Total 4 appearances out of 9 , trial took more than 9 months for decree) , after which the court declared her forfeit to submit the counter and declared epxarte divorce on the grounds of curelty and desertion . 13(ia) &(ib)

Now its been more than 2 months and i am waiting for completion of 90 days and thinking of starting a new life . As per hindu marriage act , 30 days is the wait period and family court act its 90 days for a remarriage . Which should be considered ?

As i know the cruel intention of my ex -wife and their family to harass me to any extent ,  what if i get married on the 91st day and my wife files a set aside IA application in court on the 30th/90th day ?? The notice would take anyhow 3-4 days to reach me and i am married by the time without the fact that there is IA petition pendging against me .

Will her application to set aside withstand ?? Will my re marriage be declared null and void ? will i be booked again on sections of bigamy ??

Looing for answers on how strong the case would with stand against setting aside the divorce decree.??

 

Regards,

S

Once you took divorce, your life will be not like before.  Remarriage wont change your stars.  Your belief in marriage is already gone to some extent.  It is better to think about rejoining same wife than finding new wife who will find new faults with you because you are divorcee.  Above advice of Kumar Doab is no way useful to you, you have been doing same thing so far talking discussing with parents, elders etc, talking with lawyer etc for past 6 years.

 

Kumar Doab is not a advocate.  He simply posts replies to increase post count.

 

You need to know that your wife has options.  If she  has gone for appeal.  You cannot marry.  Befoe she went for appeal you could have married.  Now if you remarry, and court sets aside or refers the matter to trial court or gives stay to 1st wife, you will have 2 wives.  Where will you keep new one and where will you keep old one.

 

You will be in more trouble than before.

 

You wait till outcome of appeal of the 1st wife then think of remarriage.

 

However I should advice you as matter of empathy that you continue with old wife than finding new wife.  Old demon better than new devva.


New Topic

Quash sample template for 306, 304B, 498A, 406, 506 IPC ?

Posted by : S Murugesan   24 June 2018

Can someone share the Quash sample template for 306, 304B, 498A, 406, 506 IPC ?

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FIR against me

Posted by : Ravi Raj   24 June 2018

If I can seat in exam then if my interview nad everything remains okay then can I join with no problem to ias?

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FIR against me

Posted by : Pradipta Nath   24 June 2018

Yes you can sit in the exam, but please don't misrepresents or conceal anything to the UPSC as the FIR are a Govt. record and are preserved well.


New Topic

am I file a case

Posted by : Kumar   24 June 2018

Hi All,
I am a 33 year old guy, 18 years ago we separated from my mother because of her bad characters. my father only taken care of me & my two elder brothers.I was 15 year old guy when we separated from her.after that she filed a case for maintainance & my father was paying as per the court judgment.after this also she was giving many torture for us.we registered a police complaint many times, but no justice for us. recently 4 years ago my father passed away by heart attack because of her torture. she is still residing at my father house.we are residing at separate in a same village. now me & my 2nd elder brother searching a bride to get marry.but she is troubling us to stop our marriages.it is already 2 marriages stopped by her.I am a 33 years old guy & my brother 35 years old guy.
I file a case against my mother? & is she eligible to ask maintainance by us?
because she didn't take care of us from childhood & she is residing at our house only & getting rent too by our some part of us.
please suggest me, I want justice. we already suffered a lot because of non justice. because some lawyers at jmfc court cheated us. because of that we suffered a lot & non justice for us.

New Topic

am I file a case

Posted by : Kumar   24 June 2018

Hi All,
I am a 33 year old guy, 18 years ago we separated from my mother because of her bad characters. my father only taken care of me & my two elder brothers.I was 15 year old guy when we separated from her.after that she filed a case for maintainance & my father was paying as per the court judgment.after this also she was giving many torture for us.we registered a police complaint many times, but no justice for us. recently 4 years ago my father passed away by heart attack because of her torture. she is still residing at my father house.we are residing at separate in a same village. now me & my 2nd elder brother searching a bride to get marry.but she is troubling us to stop our marriages.it is already 2 marriages stopped by her.I am a 33 years old guy & my brother 35 years old guy.
I file a case against my mother? & is she eligible to ask maintainance by us?
because she didn't take care of us from childhood & she is residing at our house only & getting rent too by our some part of us.
please suggest me, I want justice. we already suffered a lot because of non justice. because some lawyers at jmfc court cheated us. because of that we suffered a lot & non justice for us.

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Employer denied to pay salary and put wrong allegations

Posted by : Pradipta Nath   24 June 2018

See my dear friend, after going through the mail conversation I would suggest that your brother made a mistake in writing the resignation letter. The mistake is that he wrote that letter on 1st April 2018 and gave its effect on that vary date itself. There is no mention of prior notice of certain months or nor even reference of clauses of terms and conditions of the appointment letter.

Any way it seems that the employer is very nsecure and conscious about only his needs. This problem is better to tackle it wisely. Ask him to pay more if he wants to retain you further or such tcondition that he cannot never fulfill, else his silence or rejection will be assumed as acceptance of the resignation letter for his limited capacity after the three months period.


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Perjury maintainable or not ?

Posted by : Pradipta Nath   24 June 2018

It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings before court of law.

You can even file a private complaint u/s 200 before competent magistrate.

An application can also be filed in accordance with 340 read with 195 of CrPc.


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FIR against me

Posted by : Ravi Raj   24 June 2018

Sir, court has given bail to me , and I think police also has no evidence against me I was neither convicted nor sentenced then am I totally fit gor these government services?

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Unregistered agreement to sell

Posted by : Kumar Doab   24 June 2018

Forged document cannot be enforced..

Forgery may go against the entity that has forged...(if proved) 


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loan Defaulter of finance

Posted by : Kumar Doab   24 June 2018

The lender has the discretion to accept or decline settlement by lowering the total debt. 


New Topic

loan Defaulter of finance

Posted by : Mukesh Sonawane   24 June 2018

I had requested to Bajaj finance for settlement but They denied my request .
their recovery agent are harresing me .

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Past service counting and pay protection

Posted by : Pradipta Nath   24 June 2018

Kindly refer to your appointment letter which contains the terms & conditions including fixation of pay in present govt. service, this is very vital. Pay protection means protection of basic pay and not protection of gross salary .
The counting of past service is always related to the pensionary benefits and, does not always extend the benefits of protection of pay. It depends on the extant rules of the service concerned too.



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