PRAVIN
13 May 2013 at 19:39
under sec 138 if complainant and his advocate not come to the court then any action taken against complainant ?
Simran
13 May 2013 at 15:52
Hello ,
I have given 5 Lacs to a friend of mine on May 19th'2012 and he promised me to return the money in a couple of months .. Its been a year now , he hasn't returned me the amount ,in the starting he kept postponing saying he will return in a week , then month and so on .Because he being a friend I didn't follow any documents. The transaction happened in front of my colleagues and they are the eyewitness for the transaction.
The worst situation now is that he is not answering my call neither is replying to messages.
The amount which i gave him was done through money exchange as he lives in a different country and it was directly credited to his personal account and I have the details regarding the transaction.
Never expected a friend to cheat like this.Can u please suggest what can i do to get my money back ? Can I proceed legally against him ? Under which section can I file a case? What kind of steps can I take for action against him. Hoping for a positive response.
Regards,
Simran
Dheeraj kumar
13 May 2013 at 08:08
Hi Experts
My wife put 498a 3- months back and DV case last week in against myself, and my parents. Actually I am more worried becaz of parents they r old and my wife always ask to live separately ,which I can’t now my question is as the hearing is next week for DV case how to protect my parents under DV case.
Is there is any chances that the court passed order against my parents and what kind of compensation /punishment could be possible under DV case to my parents.
She made false medical certificate in her home town, what could be severity of that medical certificate in DV case.
At least I want to save my parents from all this false and fabricated case.
Pls advice me
Thanks
M R Shaikh
13 May 2013 at 01:50
Sir,
I have filed a case in CAT and there after reply was filed by the respondents and then i filed a rejoinder and cited important various cases of Hon'ble Supreme court of india and Division Bench Judgement of various high court of india in the rejoinder but i did not attached the judgement only mentioned the important para of the case and cited the judgement.during the hearing when all arguments are over and i try to submit those judgment in court but the order was reserved and judge ask me to give noting and after that along with the noting i submitted the copy of Judgement s to the concern bench.
My question is when order is reserved then during the preparation of judgement for the case does the Hon'ble Judges will go through the entire pleading and judgments or they will only complete the judgment on the argument point whaether they will consider my judgements and contention raised and will they discuss the judgement in the my case or not.
Shyam Singh
12 May 2013 at 23:25
PLEASE BE SO KIND AND GO THROUGH THE BELOW LINK...
http://www.lawyersclubindia.com/experts/Pro-note-problem-392266.asp#.UY_Wt7UybXo
Dear Sirs,
I respect all of you and your advice. But i am not in the position to pay anything in near future at least 2 to 3 year since he was elder brother and left many immediate responsibilities of parents and siblings and childrens; marriage of sister and children education. I want to pay but when i will be in the position it may take approx 3 to 5 year but meanwhile how to tackle in between if they suit the case against me. it's one thing.
second, can there be some settlement between me and hospital at any possible sum of amount...
please advise.
Arvind Singh Chauhan
12 May 2013 at 22:43
Sir,
Please help me regarding my previous query as posted on-
http://www.lawyersclubindia.com/experts/Order-39-rule-2-a-fate-of-the-suit-254346.asp#.UY_JPEo0v2E
Following the barman Sir's opinion, I carried on the proceeding. In evidence defendant admitted the contempt.
But in later stage court dismissed the proceeding on the basis of Case decided by Uttarakhand HC on 14-03-2012. Which says there is no contempt if main suit is dismissed.
I put case law of SC Samee Khan V/S Bindu Khan decided in 1998. In which SC held if on later stage it is found that court had no jurisdiction to hear the case. But defendant did not followed the TI order. He is guilty of contempt. Contempt is contempt even court had no jurisdiction.
But trial court over looked the case cited by me and dismissed the contempt proceeding on the basis of Uttarakhand HC. I argued that under Article 142 verdict of SC is law of the land and prevail over HC's Judgment. But I got no relief. Please guide me with concerned law and rulings.
THANKS
aman
12 May 2013 at 19:48
respectd experts,
my eldr brothr's wife sent a notice through court undr DV act..but she dint make acuse her husband..although she is stayng with him separatly on rent..
Aftr her mariage she stayd on rent separtly bt for last few mnths she styd in our house .nw my brthr has sme property dispute so they pland all this..my qustion is that she wants to show her possession in our house and demanded .residnce order thru court..rite nw she is nt stayng in our house she is stayng wid her husbnd on rent bt she left her sme belongings in our house like bed,tv etc...and this property is exclusivly on my fathers name and his selfearnd..can she claim for rite to live in our house...what should we do with her belongings which she left in our house..our advocate is sayng that acording to the defintion of shard houshold she has rite to claim for residnce order bcz she styd in our house at sme point of tym..and he will ask revision for the filed case in court..plz clear this confusion...bcz supreme court has given a cnfusing defintion of shard houshold.
Alohith Baba
12 May 2013 at 16:02
Greetings,
My father was expired in 22-OCT-2010, and on compassionate grants I got a govt job as Junior Assistant in the same Panchayat Raj Dept,Andhra Pradesh on 30-05-2012.
In 2006 my father has faced a disciplinary action for not having supervision on his staff who misappropriated panchayat funds which was under verification since then, recently in month of March-2013(after 2 years of his death) , I received a notice from District Panchayat Officer , so as I was a heir , I have to pay the half of the misappropriated amount.
All things like Pension etc etc where passed in last year only.
Is heir's responsible for all these, please go this case through Andhra State Govt rules.
Shyam Singh
12 May 2013 at 14:41
Dear Sir,
One month before, My elder brother met with an accident where i admitted him in one of private hospitals of Delhi on 1 april 2013. But i was not in position to afford treatment expenses even of one day. Hospital's admin torture me till 7 days for payment but after my alot of try i could not pay more than approx 35 thousands ruppes while the bill was approx 7 lakhs.. since my brother was in NICU and unfitted for any statement they did not transfer him to any govt. hospital. after 7 days my brother he expired. at the time of body discharge they create a lot of problem.... but released. I noticed that during the documentation they got signed a pro note of 6.56 lakh with 15% qty compound interest rate from me in my unconsciousness. after sign i noticed that but there was nothing in my hand. at pro note there is my permanent address of UP where i am working in delhi. this amount is impossible to pay for me. one police gentlemen was telling me that you did not pay any amount for his treatment. it was MLC case and police or govt. has to pay or free treatment from hospitality. i also was submitted a recommendation letter from health minister of delhi to the hospital about our poor status as request for free bed treatment on next day i.e. 2nd april but they did not provide free and charged everything.
kindly advise that how to escape me from this pro note. i am already in sorrow and full of tension with this pro note. if they came to my house my mom and dad will be insulted and i do not have to any thing.... please help and advise .
should i care about pro note and pay to hospoital that will take me about 10 to 15 year and i do not know i can pay thereafter or not....
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Adverse possession ...
My father had a premises on rent for the last 30 years and after he expired it is in my possession and none of the other legal heirs had any possession to the same.
The last rent was paid by me 25 years back.
The landlord filed a case for non payment of rent against all the legal heirs of my father.
The case was dismissed ex parte 10 years back as the landlord also had expired and no one appeared on his behalf and since the last 25 yrs n0 one has paid rent for the premises.
My ques. are -
1.Am i entitled to ownership of the premiss as ownership by Adverse Possession now as i am the last one who had paid rent for the premises.
2. Can other legal heirs of my father still claim to be tenants of the premises along with me .
3. Can other legal heirs also claim adverse possession of the property along with me .
4. Can the Legal heirs of the Landlord still claim rent and ownership of the property.
Thanks ...