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Anonymous   07 July 2019 at 15:07

Section 138 &142

I gave cheque to a person because I have to gave money. But after some days he asked me for money by taking some time I returned the money. But he didn't returned the cheque. I asked many times to return the cheque. But he didn't returned. After some days he presented the cheque in the bank. I stopped the cheque through online banking. But now he gave me legal notice under sections 138&142. Now what I have to do. Please give me clarification as early as possible

Singhen   07 July 2019 at 04:15

Miscarriage due to violence

Hi, I m 40 yrs woman, lives with my husband,
son and mother in law. I had an incident inside my house porch last month describing as follows.

There's an ongoing issue for becoming society's leader since few months. Society s dividied in 3 parts, Few of my relatives live in 2nd & 3rd part. I myself live in 1st part.

Part 2 of society got seprated last month due to non maintenance of their area. They started collecting money from their area and started paying to gardners and security guys. From this incident, part 1 s few members got upset and made a social media group on watsapp where they started defaming my relatives and my family too in that group for not paying the maintenance charges, though i have slips signed by them since last 5 years. We never missed a single payment and We never had an issue with any one in society as we travel a lot due to nature of business and pay our dues on time for society's maintenance.

This verbal topics kept going for few days, 1st part was unable to collect and pay the dues to security and gardeners. So they planned a meeting and came to our house last month and asked for society s mainetance, which never happened in last couple of years, as security guys kept doing this collection task since few years. Anyhow, My husband came out and asked them why they defamed us on social media, as we never missed any payment so far.

On this, they kept saying that we all relatives are together and started abusing and threatened to put more bad language on social media group and to teach us a lesson. Then one of them started abusing my late father in law in front of my family. My husband confronted him and all other members to not to do so; as my father in law passed away 3 years back. On this few members tried to hold my husband's hands. This all lead to pushing and pulling for few seconds. And then 4-5 members came inside my porch holding my husband. When I saw them doing so through the porch door, I came out in porch and tried to stop them and during this incident I was pushed back by society members and i fell on the ground on my belly side. I woke up and again tried to stop them but they went out back on the street till then. No society member bothered to help me. I was shocked, scared and terrified to saw this brutality by society members.

I was 11 weeks pregnant that time. After this fall, I had little to mild cramping started and lower back pain since then for 2-3 days, and then I had a heavy bleeding and clots next evenjng which kept ongoing that whole night. Next day I went to see my gynac doctor who was already handling my pregnancy case. They checked and done another ultrasound and informed me that baby s no more and some part of baby s flushed out during bleeding and some part s still inside and I had to undergo a surgery to remove that, or it will start posioning my internal body parts too. I was in deep shock and trembling to hear this horrible news. My body was so week, Doctor did some tests and told me to go for antibiotics course for few days and then come for surgery, as per them I wasn't psychologically and physically ready for that operation that time. I had to undergo a surgery after prescribed medicinal course and was referred to the psychiatrist.

During all this, one of them by using political links filed a FIR against my husband for hiting and threatening and case 325 was filed against my husband. It seems like forged MLR report was filed too. All society members held together and put false accusations against my husband. Though they came to our house and threatened and hit my husband. Police also approached one sided and dint even bother to act on our complaint, which we filed.

My husband s the only man responsible for bread and butter in the house, me, my mother in law ( age 76) and my 10 years old son all are dependant on him. He was running all around to save our baby and my life. We had to undergo immense stress and harassment during this interval of time. On top of that,this gulit is killing us every moment that what was our baby's fault? What kind of social work is this, where few members can kill an unborn child over a minor issue and no system or law can provide justice?

I m slowly recovering from surgery but still visiting my psychiatrist, can I file a complaint against society members after one month?

Though they keep threatening us that they are all together and know how to manipulate system and have political links and no one can touch them and cases lasts many years And they can harras a lady easily.

We are highly scared , Kindly advise can we do something? Can we count on law & order to provide us a justice?

Regards
Mehak.
8360864733.

Amit Joshi   06 July 2019 at 19:35

About status as Notice unready status

Hello, I am Amit Joshi. I had filed 156(3) complaint in Magistrate court. He has taken cognizance in crpc 202 with which I was not happy, therefore, I filled revision case in Session Court. Now, there is nearly eight months from filling revision case in session court. Its shows status online is " notice unready". I have asked my advocate why our case is not moving forward, he is continuously saying that notices are not served till date. But I wondered that all the addresses are 100% correct and all the respondants stays in same city(jurisdiction) then why such significant delay nearly 8 months is happening. My friend told me on this that, your advocate is collided with opposite party and he is just saying notices issued but in reality no notices are issued by court because its shows status as "notice unready". Here, I want to just ask one thing that, what is the meaning of status "notice unready"? How do I know whether notices are actually issued against respondants or not (because my advocate is not telling the true picture to me) ?

Will john   05 July 2019 at 07:37

Domestic voilence is maintainable after mutual consent divor

I and my wife filled for HMA 13B
With terms of one time allimony of 2.5lakh draft which i deposited in the family court
In one condition it is mentioned that she will widraw cases
1. 125(3)
2. DV ACT
case 125(3) is not pressed by her
In DV ACT she has given application not to continue the case and plz dispose
But the judge is not ready to dispose it as per judge first 13b is decided then he will do it
My question is can she not press dv case as well
Or shall i wait for 13b judgement
I dont trust her in future once 13b is decided she will get the money and can change the mind for widrawing the dv act case
Plz suggest

Chilamakurthy Venkat Raao   04 July 2019 at 22:09

Sessions Case

Sirs, My wife filed 498A, 354 under IPC and 3&4 of DP act in April 2014 against me,my parents,sister and cousin brother. But as we got stay from high court on my parents and sister till now case has not started. But to start the case my cousin brother on whom 354 has been filled is not interested to attend court. As he is not interested to attend court can we split the case into two and start proceedings on me,my parents and sister in lower court. If so, what are the conditions for splitting a case. Will it harm in anyway to my cousin brother later

hrishikesh   04 July 2019 at 21:59

Ipc

A is married to a female B.B does not remain satisfied by her husband A.one day leaving her husband A's house she goes to the house of her paeamour C and there she remains with C as husband and wife .discuss C's offence under ipc?

vandana   04 July 2019 at 21:49

Case of Road accident

My cousin was died in a road accident five year ago , we have filled a case against the car driver . I want to know how long the case will take and what will be the aftereffects if the driver is declared guilty.

Prashant   30 June 2019 at 10:34

Accident Case

I was driving in a highway and my scooty got hit with a jeep which was in a wrong side and was just entering the highway from a village road. He stopped the vehicle in front of me and my vehicle just got hit against that. A case against both parties was lodged under sec 279 and 337 in nearby police station. During that accident i got a fracture in my right thigh bone. Police official are saying that i did not applied brakes. Is the case filed against me is liable for compromise. Or we will have to fight this case till results

Kavita S   29 June 2019 at 16:02

About execution process

Hello,
I am a law student, today I have seen in the court that in Execution of crpc 125(3), when my senior put an application of NBW against NA for maintenance arrears. Then Judge ask him to put application of DW instead of NBW.
Can't we put direct NBW application for recovery because it would be very long procedure then. My senior said we can put direct NBW application but Judge refused to take NBW application on record.
Please let me know, what is the correct procedure then to recover maintenance, I am confused ?

prakash vka   29 June 2019 at 09:50

In 138

CAN A CHEQ BE PRESENTED TWICE AND NOTICE SEND FOR THE SECOND TIME ON THE SAME CHEQ WITH THE TIME LIMIT OF THREE MONTHS