Anonymous
25 October 2011 at 18:11
1) what is time limit of depositing cheque under section 138.... whether 180 days or 6 months
2) whether last day of 180 days or 6months should of drawer bank receive the cheque????/
3) post dated cheues of 60 days are given me as security to private party, with whom dual transaction(sales and purchase) was expected... and cheque were given as security,where by cheque are given back to party(me), once party(me) receive the same amount material from(me)...generally party reyurn the post dated cheque.... but in this case party has not returned post dated cheque and deposited and got returned.... and filed case under section 138
please advice me ... what could be the status of case...... how to defend this case.... under which cited case of high court and supreme court
your expert advice will be highly apreciated fro me and whole business comunity
Anonymous
25 October 2011 at 14:02
Need advocate list with contact detail of Patna high court
francis
25 October 2011 at 13:33
one of the neighbour is a tenant who is a retired military guy,he is right now
doing a watchman job..he has just came 4months back,his son is 8yrs,his son rings the bell
and hides very often,he switches off the meter switch next to the meter box,
in the society,and create a lot of noise,when we go to tell his wife,she starts
abusing unnessary,she tries to mis use her husband powers,i informed the flat
owner also about it,the owner told me that if you complain also the cops will
not do any thing,i really dont know what to do...........is their any way
the society has been informed but they dont take any action at all.....
francis
25 October 2011 at 13:21
Is there any way i can put restriction to the memebers of the society to keep tenent,
theses tenant come from out and disturb the surrounding of the society in all way,
they make noise dont listen,break all rules,distruct other people property and belonging,
they dont do any police veryfication also,they get extra vehicles and occupy others parking also,
it is really headacke, and when we tell the owner they dont listen at all.....
is their any way.........
Anonymous
25 October 2011 at 13:08
if previous io chargesheet is rejected by magistrate court as he was arrested for corruption under the case is the person who is in jc can apply for bail in magistrate court he has completed 3 monts in jc pl suggges can his wife file an apeal for securing bail she is working in bank
.ground for her appeal is she stays far away from the place where case is going on and she is having little daughter and she cant come to meet her husband regularily due to work and expenses
Anonymous
25 October 2011 at 00:40
Respected experts,
query: perjury application can be submitted at any stage of the proceedings whenever one comes to know about the findings.
specially in criminal cases, like DV case and 498A, 125 crpc and many such others
can prejury be applied for intentional known false claim too. presence of discrete statement in different paras through affidavit amounts to perjury .
wifes are generally misleading the hon. court through affidavit as their part they dont want to prove but simply wants to claim specially in false filled cases.
thank you in advance
in continuation of query
claims are discreating from para to para under the same amount and not written in affidavid to the best of my knowledge, but the entire complain is made on affidavit. clear written statement " main application shall be treated and considered as part of this affidavit.
in such a sequence
Anonymous
24 October 2011 at 23:19
Dear experts,
interim was passed in DV case and appeal is pending in the session court.
wife said huge income through Affidavit of the husband .
fact husband was in professional course during the period and she knows it well husband can prove that she knows that husband was non employed and she knows it well but said falsely that hsband was well earning through affidavit.
husband remain unemployed due to present litigation as dates are frequent and huge mental disturbance.
can husband present these evidence in session court that husband was unemployed during the period and she is falsely stating wrong information about income and work of the husband.
stating wrong information on oath through affidavit which is known by her well about her husband nonworking.
our counssel is saying all this can be said later but no use now?
may I know the reason why he is avoiding to reveal facts of her known false information in the hon. court.
she is delaying the matter in the session court as she cannot present any evidence but if we have sufficient evidence to reveal that husband was non working and remain non working till date but our counsel is avoiding.
we are not getting the reason ?
we cannot submit our evidence to reveal that during the course any kind of work was not possible
7-8 hours daily travelling ( railway pass present)
7- hours college ( college ID ) and timing.
few other things are also present
she will keep taking the dates and matter will drag without reason.
our counsel may be right but we are confused plz give the right path.
Anonymous
24 October 2011 at 22:11
PLEASE GUIDE ME, IF THERE ARE ANY PROCEDURE FOR EXECUTION OF AN ORDER OF CASE OF DOMESTIC VIOLANCE ACT.
Anonymous
24 October 2011 at 21:35
if a arrest warrant is against 3 persons accused in one case one gets anticipatory bail one is jc and anoter is absconding then the person who is in jc cant get bail untill the other person is arrested
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Interpretation of statute
Section 2(q) of Protection of Women from Domestic Violence Act-2005 (PWDV) states that Respondent would be only Male Adults.
Different Courts have given their different interpretation of this section.
Division Bench High Court of Delhi in its Judgement dated 03-06-2010 in Varsha Kapoor vs UOI & Othrs 2010(3)JCC 1659 held- " What follows is that on the one hand, aggrieved persons other than wife or a female living in a relationship in the nature of marriage viz sister, mother, daughter or sister-in-law as aggrieved person person can file application against adult male person only. But on the other hand, wife or female living in a relationship in the nature of marriage is given right to file complaint not only against husband or male partner, but also against his relatives."
By this interpretation a mother-in-law cannot file a complaint against her daughter-in-law under PWDV Act as a daughter-in-law is not a relative of husband of mother-in-law.
The single judge bench of Mukta Gupta of Delhi High Court on 02-09-2011 in Kusumlata Sharma vs State & Anr.( Crl.M.C.725/2011 & Crl. M.A.No. 2797/2011 ) has held that a mother-in-law can file a complaint against her daughter-in-law under PWDV Act-2005 overruling the judgement of the Division Bench of the same court.
Now the questions arise :
1. Can a single judge bench overrule the judgement of the Division Bench of the same Court.
2.Would this judgement ( interpretation of statute) have retrospective effect. A case was filed by a mother -in-law against her daughter-in-law in July 2010.The court passed Interim protection Order against the daughter-in-law in January 2011,which was challenged in the session court because at that time the ruling of High Court of Delhi in Varsha Kapoor case was prevailing.The appeal is still pending.
3.Could the judgement in Kusumlata Sharma case apply in deciding this appeal.
4.The Supreme Court in numerous judgement has held that retrospective opeartion of law is not permissible unless effect by express terms or necessary intendment, therefore can an interpretation of statute would have same effect as of law .
Kindly provide if there is any citation that the any new interpretation of statute would be traeted as a new enactment and it would not have any retrospective effect.Kindly advise