Ranganath
16 January 2009 at 23:47
There was a compliant given at all women police station. Before interrogation I have got AB from high court. Interrogation happended, statements were recorded from both the sides. Registration of FIR is postponed. After one month FIR is registered based on another statement(? or complaint) dated one month after the first complaint. New facts were revealed in the second statement.
It is confusing the way FIR is registered.
1. Did the high court secure a copy of first complaint while granting AB.
2. Why there are 2 statements recorded on the complainant side. The first complaint was given by my wife's father, a statement givne by wife. The seocnd was given by my wife herself.
3.Is that a possibility that the first was withdrawn at the police level itself without going to court. Is that legal.
Please clarify
shivraj
16 January 2009 at 22:37
In one case the uncle of ‘X’ sold out his property to ‘Y’ which is joint in nature.
Can ‘X’ is able to get preferential right u/Hindu succession act for purchase the property?
Detail as follows:-
If the partition deed made in the 5 Rs. Stamp paper in the year 1977 shall be bound upon the heirs?
Can u/sec 22(1) of Hindu succession act preferential right can applied to the Nephew of the uncle?
Can after separation of immovable property separate property sold out? Can partition deed challenge under the law?
After partition deed is it possible to claim preferential right?
Please give the reference any case laws relating this case.
Jainodin shaikh
16 January 2009 at 19:40
In a private complaint against police officers; after directing the complainant to lead evidence and after recording the evidence, the court ordered the police to file a report u/s 202 of Cr.P.C. and concerned police despite of several reminders sent by the court; not submitting the report since last 4 month. The complainant moved an application for conducting the enquiry through an advocate(third party). But the court put the matter for waiting the report from the police who are the accused. What remedy is available for the complainant?
Jainodin shaikh
16 January 2009 at 19:21
If an ex JMFC is practising in a court of magistrate situated in the city in which he/she has been a magistrate(JMFC); what should be the role & duty of the court, the lawyer(ex JMFC) in question and the oposite party's lawyer?
Jainodin shaikh
16 January 2009 at 19:06
District Court has allowed the delay condonation application (regarding Civil Appeal) in which I am for the respondents. The Court ordered that the application is allowed subject to condition of cost of rupees 300/- to be paid whithin 8 days by the applicant to the respondent. In default the order will be cancelled. But the applicant deposited the amount of cost in the court despite of paying to the respondent. On 9th day I have moved an application for vacating the said order as the applicant had not complied the order. And put my argument that the order is for payment to the respondent and not to the court. This application is pending. What is your opinion on this point?
Jegaraj
16 January 2009 at 17:52
Respected All,
I am an advocate practicing in Salem, Tamilnadu and I have a 12 years standing in the bar and belong to Backward Class. I would like to become a notary public under central quota.
I kindly request your good self to please inform me as to whom should I send my application to and the exact designation and the exact postal of the said officer ?
any other relavant advice in this regard is also invited
thanks in advance
Jegaraj
vinod bansal
16 January 2009 at 17:47
Sir
I want to got register our social organisation as a charitable trust,i am a resident of Haryana,what procedure i have to adopt& in which department i have to apply,we are providing free medical services for needy persons,plz enlighten.Thanks
Vinod
muthusamy
16 January 2009 at 16:58
I, the appellant have preferred a memorandum of appeal against the Judgement and decree made (regarding partition of family properties) on the file of the Second Additional Sub Judge on some grounds of appeal.
The case is not yet listed in the high court. Meanwhile I have some other grounds of appeal which will favour my case.
Is it possible to add the new grounds of appeal at this stage.
Mohamed Ali
16 January 2009 at 12:54
My Interlocutary is pending from past 1 year to be exact January 10th 2008,
Our suit is a sunni hanafi family partition suit, In this case there are 11 decree holders who all died,after decree.
Some LR's one of the decree holder who are not entitle for share are brought on record while filing for final decree petition, for which we have objected in the still pending final decree procedding to delete these LR's on record who are not entitle for share as per Mohameddan law of inheritance,
It is since one year our application is pending , even our advocate raised several times in open court to hear on our objection but the judge under some influence is not considering the objection and telling she/he will take up the issue at end, or she is purposely deaf ear to our application,
Our advocate says we cannot move to high court or by pass this court without getting an order from this lower court, but as i said the judge is not willing to hear on the Interlocutary application, We are irritated s we are not able to get any order on application form past 1 year, Sir How can we proceed now we just donot believe in this judge who is deaf ear to our application.
How can we proceed what are remedies and alternate paths for us.
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sec 498, 498 A , 406 and mediation
Sir, I am writing you this post on behalf of my brother who is 57 years old and is a 2nd engineer in merchant navy. His wife is 51 years old and they have 2 sons 23 and 18 years old at present.
To begin with about 8 or 9 years back my brother had a fight with his wife on which she left home taking the 2 minor boys with her. Then later she went to the police and registered a false case of dowry,cruelty,istridhan under sections 498,498A & 406. As a result my brother also approached court for anticipatory bail. There his wife laid a condition that she will not oppose the bail if she is given a residence for her and her sons living. My brother also agreed & he bought a 3 room flat in Delhi and gave the same to her just for the purpose of living only, after that he himself never went in the flat and stayed at Shimla in his mother's house. THEREAFTER she filed a case of maintenance restitution of conjugal rights and her temporary maintenance was fixed at 18000 per month.
Being in merchant navy my brother has to go to abroad and on high seas, here his wife always saw and continues to see golden opportunity to extract money and get her demands fulfilled. In these 9 years she many times threatened and sometimes also filed bail cancellation application in his absence, on false grounds if ever her demands were not fulfilled. Just because of his job my brother always agreed to her demands like flat, maintenance, etc without contesting the case. When their elder son turned 17 he decided to live with his father and is living with his father at present.
PRESENT SITUATION-: over these 9 years the criminal case went on a very very slow pace and except long dates nothing happened in the case. But few months back the stage of charge that is whether to be charge or not came. On seeing this a family matter the magistrate of Tis Hazari,Delhi asked both the parties if they want to go for mediation and both parties also agreed. Then this case was transferred to the mediation cell. Here his wife presented her demands like increase in maintenance,cash money,car,property,etc. and after some dates my friend also agreed to them. Then both the parties in present of their lawyers and judge signed the agreement in medition cell.Now as per the legal procedure the case in the mediation cell was over and again went back to magistrate court of Tis Hazari from where it was suppose to go to high court for questioning and final closer. But later greed came in her mind, she thinks that even more money can be extracted by further amending the agreement and so she retracted from the agreement of medition cell in the magistrate court & magistrate gave another date.His wife is asking the agreement to be rewritten or amended on which my brother is not agreeing. Is retracting from signed agreement legal? Does it not come under some crime like perjury or contempt? Is this also not some violation of any contract or civil law? ANY OTHER ADVICE IS THIS MATTER IS MOST WELCOMED.