M. ASLAM FAROOQUI
29 April 2011 at 11:14
section 138 of N. I. Act
Whehter the Report and Evidence of Private Hand Writing Expert is admissible in Court.
The Hand writing Expert gave report that the signature on the cheque is not of the accused.
dadu nikhilendra singh
29 April 2011 at 08:23
sir, in 1996 i and purchaser entered into unregistered agreement to sale. My father died in 1991. We are four brothers. Mutation was not happend at the time of agreement . Now in 2011 purchaser is making complain against me that without mutation i sing agreement. In mutation2001 my brother has bcome cosharer. In between purchasar never came to me, even no notice given. In fact i had given a notice by upc,What will happen? Plz sugest
Anonymous
29 April 2011 at 01:03
Hello Sir,
1. I need help in form of Case references or Citations to support my pleadings for considering my Home Loan and personal loans while deciding the maintenance order in Domestic Violance case falsely filed by my wife against my entire family.
Please help.
2. Also I wish to know if she fails to prove the Domestic Violence, will she still be entitled for maintenance or any other benefits ?
Warm regards.
Arka Foundation
28 April 2011 at 23:46
Dear Experts,
In one of my client[wife/women] case:
Husand filed divorce
In between it husband got ex-parte orders
Wife challenged ex-parte order in High Court and the case is still pending.
Husband 2nd wife called 1st wife that,
"all your allegations completed with my would be[husband of 1st wife]?" and disconnectd the call.
Now my question:
How to stop husband 2nd marriage as such, the divorce petition is still pending in the high court, which was challenged by the 1st wife.
Please give valuable advices for my client
Anonymous
28 April 2011 at 20:57
One day before women protection act, divorce occurred in USA. Both spouse US citizen. Married out side India by Christian ceremony. Ex Husband became very sick ( cancer) Surgery failed in USA. Decided to come to India for second surgery. Ex-wife offered help to join him hoping he may die. She hide divorce from all her relatives. she even sealed divorce decree in US court. When ex-husband survived, he paid her 50% of the share of the property by getting notarized sale deed and power of attorney.
When he got married , ex became jealous and sued him civil court stating that she signed paper with out understanding. she is highly educated.. Then now she went to women protection act section 18/19/21 asking him everything from under the pretext of live-in- relationship.
My question: 1. Does women protection act applicable in this case since divorce was before the act?
2. neither party married under Hindu marriage act, nor they are Indian citizen, does women protection act is applicable?
3.ex has came with specific purpose and stayed in the same house in separate bedrooms, ex-husband was having cancer and other illness, not having any physical relationship with her, does co-habtation occurs?
4. Recent ruling says relationship for” significant time” what does it mean? In the past ruling it said long term relationship etc. but now it does not define significant time.
Will appreciate any guidance.
Anonymous
28 April 2011 at 20:56
Our case is under ITAT (income tax appellate tribunal) in short in appeal & the Commissioner Of Income tax for where we have preferred a appeal has filed a wrong statement (in Affidavit) so can we file a case against him u/s 193 & 196 of the IPC, 1860 because as per the IT Act, 1961 any proceedings under this act is a judicial proceedings & as a civil court as per section 136 of the IT Act, 1961. So as we have seen that it is a judicial proceedings & section 196 & 193 is applicable to the IT Act, 1961 so can we file a case u/s 340, 344 & 195 of the Crpc, 1973. Against CIT (commissioner of income tax) . If possible support the answer with SC case only .
Case law required. Case law required.
Case law required.
Case law required.
Case law required.
Case law required.
Thanks
Knowledge Gainer
28 April 2011 at 20:40
Last year on 11.06.2010, I have filed Police NC Report against a person for pressurising and threatening me to give divorce to my wife under mutual consent on cell phone. The person have no relation with my wife except he was ex-boss. I have no witness or recording of any kind. I have only Police NC report. He used to call my parents and also threatening them. They are only witness for this.
Now I want to take the matter to the court and want to punish this person for his misconduct.
Can I file case against him now?
under which sections? is there any time limit to file case?
Will I succeed in this case?
If not can he file case for defamation against me?
Anonymous
28 April 2011 at 20:31
Section 195 of the Crpc
(1) No court shall take cognizance-
(a)
(i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or
(ii) Of any abetment of, attempt to commit, such offence, or
(iii) Of any criminal conspiracy to commit, such offence,
Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
Meaning of abetment & what does the section 195 (1)(a) (i)(ii)(iii) wants to explain. Also any case law (Bombay High Court or SC) which will help me to understand in detail what does the section 195 what’s to convey.
thanks.
Anonymous
28 April 2011 at 19:36
A perjury application is maintainable after the judgment has been passed by the competent judge in the court & also the judgment has been signed. Any judgment on it specially form BHC (Bombay High Court) Because somehow the opposite advocate came to know that we are going to file a perjury application in the court with the permission of the court after the judgment is delivered & signed by the judge so he (advocate opposite side) said filing perjury application is not maintainable ? He also said that we can file a criminal misc petition but I think that perjury application is best as per the section 340 & 344 of the Crpc & section 196 of the IPC. I want to known what about does the civil misc petition means I have heard the first time as it as same as IA (interim application) because civil misc petition & criminal misc petition are both the same like IA confused. Because the opposite advocate is confusing my advocate as my advocate has only 4 years’ experience in the field of criminal cases. So can anyone guide me in detail the above mentioned matter in detail? So actually what do does the criminal misc petition & civil misc petition means in detail. When can we file it?
As we have won the case. But confused on the points mentioned by the Opposite Advocate that civil, criminal misc petition means in detail.
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Cheque bounce case
I know a person who is doing business with my office for past 4 years, he took a new job and to execute the work he asked me to invest some money, so that he may return back with some profit. Besed on his words, I took loan from my brother and gave money to a known person of Rs.5 lakhs for his business purpose who is doing the job at my office and got a post dated cheque for the same in the name of my wife. As per the cheque dated I have deposited in my wife current account and got bounced due to insufficient funds. When I checked with the person, he asked me to re present the cheque after 5 days and I did the same. Again the cheque got bounced due to stop payment. I tried to reach him through mobile several times and at last he picked the call and he said that, “I won’t pay back your money, if you want you can file a case we will see in court” Also he said, “I will tell in court that, I only gave you the cheque as a bribe to take the order in your company”. After this I have sent him a layer notice but he not responded to it. Now we yet to file a case and also I came to know he will not come to court even if summon comes from court. What will happen if he not comes to court on summon or even if he comes what will be the judgment. Please help me out.