Recent Forum Messages (Todays)



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DVC exparte challenge

Posted by : N.K.Assumion   01 May 2017

Ex parte decree can not be passed behind the back of the party, as it wil amount to gross injustice to the aggrieved party in the case. Yes, court can passed Ex parte decree provided there is clear and cogent evidence that one of the party deliberately and intentionally avoided to receive notice of the court.



New Topic :   

Can i save marriage?

Posted by : Ravion   01 May 2017

When we studying we married in 2014 but live separate....in 2017 we submit joint petition for divorce...and write in petition we live together only one day....before petition my wife submit aa FIR and write in FIR that we are not married....and more allegation to me say that he use drug therefore i am not ready for marriage but she is already married.. i have medical reports that show i am not use any drug..and when consoling police say that this marriage is not valid ...i have Gurudwara marriage certificate...and police force me for divorce....and my parents and me invite my wife for live together but my wife not come....now i want save marriage what i do ...in petition i write we live together only one day....plz help me



New Topic :   

Natural law of karma

Posted by : N.K.Assumion   01 May 2017

Replied in :   

Framed in cheque bounce 138

Posted by : G.L.N. Prasadon   01 May 2017

Have you replied to the notice, which is a priority ?



If not contact your advocate and respond suitably, informing them of Police complaint filed.



Have you informed the tracing of the cheques to the Police.



If not contact the police with your advocate and the copy of notice issued and ask them to initiate investigation.



No purpose can be served just by posting some queries, and not implementing even a word given as guidance.  Take some steps after careful consideration and consulting advocate.



In all probability, the culprit may not be dare to file such a suit, but be prepared to face any thing by taking all precautions.



Replied in :   

License to Sex

Posted by : chandrasekharon   01 May 2017

Cooperate with her patiently and ensure she melts one day and willingly satisfies you. We are civilized people . We can't have s*x like we get from prostitutes. Nothing in family relationships is duty or right. We shouldn't force family members to feel for us. They should "naturally" feel for us and "feel like doing things that please us". 



Change your mindset please. 



We pay money to prostitute so we get right, it becomes "duty" or "work" for them to oblige whether by nature she is willing to participate in s*x or not. Wife on the other hand is neither a prostitute nor s*x is matter of "right" for you nor "duty" or "work" for her.  If she does not feel like pleasing you know reasons patiently win her love. 



If partner does not participate in s*x willingly in marital relationship that s*x is as good as having s*x with prostitute. 



New Topic :   

Srticle 265 of the constitution of india and its violation

Posted by : A.K.Singhon   01 May 2017
Request your opinion on this matter of great impor
Respected Members, I need your opinion on how should I understand this Honorable High Court order in a M.P.in PIL (PILMP No.278 of 2015) Brief facts are that I filed a W.P.(PIL) in the Honorable High Court of Judicature at Hyderabad for State of T and AP, questioning the authortity of Secunderabad Cantonment Board in Levying and Collecting Toll Tax under Article 265 of the Constitution of India, and an MP seeking direction to the Cantonment authority to stop with immediate effect the levy and collection of TOll Tax within its jurisdiction.
The Honorable High Court admitted the PIL and in the MP(PIL) gave this Order "COLLECTION OF TOLL TAX WOULD BE SUBJECT TO THE OUTCOME OF THE PIL".

Now my question to you all is that after this Order has been passed and conveyed to the Respondent (Cantonment Board herein),
(i)can the Cantonment Board continue to levy and collect toll tax.
(ii) will it amount to contempt of Court if the Cantonment continues to levy and collect Toll Tax.
(iii) or do I have to wait for the disposal of the PIL?.

As i understand, the day the order was given by the Honorable High Court in the PIL MP the Secunderabad Cantonment Board should have stopped the levy and collection of toll tax, as the order is crystal clear and speaks about the collection of Toll Tax would be dependent on the finality of the PIL.
This is very important as the authority is levying and collecting toll tax in violation of the provisions of Article 256 of the Constitution of India.
I anxiously look forward to your help. Thank you.

New Topic :   

Ipc ....420....cheating and dishonesty

Posted by : Surendraon   01 May 2017

Hello Members



These two guys are not returning my gold back their names are Krishna and Surojit 



F.I.R Lodged against them



I have given them gold for the first time in the month of october to make a necklace and they returned the gold in the form of  necklace but the second time when the gold was given again in the month of November 2016 they have not returned



On the 6 November I gave gold amounting to 50000 to them to make a necklace they promised me they will return the gold in the form of necklace on the 16 November, the delivery date of this necklace to the customer was the 24 November, from the 16 November 2016 to the 4 December 2016 I made so many calls and on every call he made a new promise to return my gold, visited their place business place and left messages with their workers, but all this went in vain. NC was filed on 5 december 2016



From 5 december 2016 to 29 April 2017 I made calls but they did not return my gold. 



F.I.R lodged on the 29 April



I want to know whether IPC section 420 is applicable or not??



New Topic :   

Sec. 407 of cr .p.c.

Posted by : maskadviseon   01 May 2017

Sir / Madam



 



The Principal district and session Judge made an Order on the basis of the Advocate's statement and put a remark that "the Magistrate breached his Order"



 



The Principal Judge has not checked record from his Office and only relying on the advocate's statement he passed such Order



whereas



under RTI Act, I succeded in obtaining the information from the Office of the Principal JUdge that record of his office shows that Magistrate has not acted in contrary to his Order



 



I filed application u/s. 340 of Cr P C against the Advocate and brought the facts of the case before The Principal Judge and in open Court while arguing,  in excitement, I have pointed out that he (Principal Judge) did not check his own records and fixed black dot on the Magistrate



 



Thereafter the Other Magistrate have dismissed my two application for want of prosecution because I was not present in Court when called in Morning Session



 



Now the situation is



Either advocate is wrong



Or Magistrate is wrong



Or Principal Judge is wrong



 



Because I have pointed out serious mistake of Principal Judge and hence I fear my all cases may have similar fate on one or other grouds



 



Whether this is enough ground to file an application u/s. 407 of Cr P C. to transfer my all pendingf cases from that District to any Other Districy in the State



 



If yes then,



Kindly also give me formate thereof and tell how to get interim stay therein ?



 



Guide



Thanks



HARIOM



 



Replied in :   

Draft of hma 24 application

Posted by : Tarachand on   01 May 2017

Sirs



Thanks for your guidance



 



After reading all Replies I understand as under :-



(1)  I must file Reply to Divorce Petition



Simulteneously



(2)  I must file  "Misc. Application in Original Divorce Petition"



      and in the above Misc. Application



      I can file I. A. (Internal Application) praying  for interim and ad-interim Maintenance



 



Kindly guide and if possible attach herewith Draft of HMA 24 application



 



Thanks



 



HARIOM



 



Replied in :   

Can employer change designation in relieving letter in response to resignation?

Posted by : Tharika on   01 May 2017

Thank you for your response,  Kumar



I will check out with the labour union about this and see the best course of action to solve this amicably. 



Blue code:



Our performance apprasiasal and eligible amount of ESOP was communicated to us verbally in  December 2016 with the promise that we would get it on paper in 2017 by March. Unfortunately, no written communication ESOPs we were eligible was made to us. My other 8 colleagues also were asked to sign similar relieving letters or get nothing. I left in Apr 2017.



Red Code:



The change of designation and pay in response to my resignation was on mail. Remaining was told verbally during the discussion I had with him in the evening. 



Green code:



When I objected to the decision, I was asked to leave immediately and the CEO followed me to my desk, and out of office. My colleagues were around and saw what happened.



Red Code:



The relieving letter with the clause of owing nothing  is written and there. The fact it is that or nothing was told verbally. The only eveidence is company official about us page, showed me in same designation ( Head of marcom)  till last working day. There was no official rating / notice for changing my designation.



The  mangement's objective of the excercise was to instil fear of exit procedure and prevent remaining employees from leaving the company though there is no bond in official offer letter. 



New Topic :   

DVC exparte challenge

Posted by : Rajuon   01 May 2017
How can i challenge DVC exparte final order , pls tell your valuable suggestion

Replied in :   

Framed in cheque bounce 138

Posted by : cg1203on   01 May 2017
I am sorry that due to my poor English I am unable to make my case clear
Look every month around 10-15 payments of my firm was done through cheques
From past 5 years I just sign the cheques and my manager use to fill in the other details
In 2015 I was not in my firm for 3 months and usually I signed the cheques and it was my mistake I never even bothered to check my bank account for wether the cheque's have been payed or not since the amount was around Just 5000-8000 which every month I use to pay through cheques.
I came to know about the missing cheque's after 4month time when I received a call from the party to which I had to pay the amount. He told that since you regularly take stuff's from us I never even bothered to hint you for a small payment.
He told me the payment of July was not done then I enquired other persons also and I found no payment was done in July.
I came to know in December and I spoke to my manager and he told all cheque's are used properly and there is no missing cheque
It was my mistake as I see him like my younger brother I always had blind faith on him as all my cheque books also was in his cabinet only from years and he only take care of my loan and banking things
But on of my friends adviced me to file an complaint and inform police for the same so I did it. Police just took my application and gave me in writing for the same stating police hastakshep yogy nahin
I spoke to bank persons then after that they told me if you don't have the exact cheque number you cannot stop payment for those
You either need to stop all cheque's or give us the exact cheque number.
This time I took it seriously and then I spoke to my manager very clearly that how much cheque books I had and I am sure my cheques are missing. He was stunned and he never spoke a word from next day he stopped coming to work
And In 2 years nothing happened now suddenly I got a notice from the lawyer that my cheque is bounced and the person who has filled it against me is The brother of my old manager who is a culprit.
I spoke to one local lawyer he told me nothing to worry as you have the police copy bank copy of missing cheque's with you and also you have not written name or amount or date in cheque's. You have just signed it down so let him register the case and in trials we would see to it.
But I was not satisfied with his line of work and I told him why should we wait for trials and that's why I came here putting away my issue so that I can get some correct solution




Replied in :   

Divorce decree

Posted by : Kapil Chandnaon   01 May 2017

Mam, 



 



Go for divorce in Mumbai, its anytime better. 



 



Warm Regards 



Kapil Chandna Advocate 



9899011450,9911218741



https://kapilchandnaadvocate.wordpress.com/





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