Manoj Pamul
15 February 2014 at 15:45
Sir, in case filed by husband for divorce. Wife appeared and filed her say and later on filed an application for interim maintenance. The other side has not filled his say and court has passed no say order. Thereafter on the next date in the morning the wife was present before the court and was sitting at the outside of the court but the court in the morning session only passed an order that 'the respondent is absent when called and hence application filed'. Further at about 12 O'clock on the same day she filed the application for setting aside the order of 'filed' and the court has passed the order of 'other side to say'. Now the court is pressing to cross examining the husband pending and reserving the maintenance right. So, kindly advice whether should I approach appellate court? Or is there any citation which says that the application for interim maintenance is to be decided first?
Manoj Pamul
17 December 2013 at 22:43
Dear experts, I've filed the private complaint and accordingly the court issued process against four accused. As per the summons three of the accused appeared and two of them sought exemption till all accused appear in the court. The accused no 4 remained absent till date and the court issued NBW but since many days the said warrant cannot get executed because of one or other reason. Now my client wants to proceed the case against the three accused who have appeared. Therefore I request to please advise me whether can I proceed against three accused, if yes under which provision of Croc?
Manoj Pamul
02 August 2013 at 18:56
Dear Experts, Pls guide me on below mentioned query.
Facts - In a Civil Miscellaneous Application which is filed by the tenant against landlord and prayed to direct the landlord for making repairs and also prayed for injunction not to obstruct while repair activity is carried out. In this Miscellaneous Application the Applicant i.e. tenant has applied for temporary injunction not to obstruct while carrying out some minor repairs. However, after hearing both sides the court has rejected the application for temporary injunction. The landlord had pleaded that already the municipal commission has twice issued notice to demolish the whole building as it is very old and also dangerous for public. This pleas was considered by the court in the interim order and also mentioned that whether the building or rooms which are in possession of tenant are repairable or not, it can be seen and decided after recording the evidences only. Thereafter all of a sudden he started construction and repairs even though no permission was given by court and then the landlord who was a opponent in the case, has filed an application for seeking direction against the tenant not to make any repairs or construction and accordingly the court has directed the tenant i.e. applicant not to make any repairs or construction or demolition till further order. Thereafter all of a sudden the tenant i.e. Applicant has filed a memo stating, he does not want to continue the proceeding and hence be disposed off. Now I argued and filed say stating that the applicant may be allowed to withdraw the proceeding subject to confirm the order passed by the court because when already some rights have arisen in favour of opponent i.e. landlord at then the order passed by the court against applicant not to make any repairs etc be confirmed till he gets permission by following due process of law.
Query - 1)Whether the Applicant can withdraw the application, where some rights have arisen in favour of opponent?
2) Whether court can confirm the interim order till he gets permission for repairs etc. by following due process of law?
Pls give me authorities in this regard, if any.
Thank You!
Manoj Pamul
14 June 2013 at 20:34
Dear Experts,
My Client was a vidi worker and she served 30 years in the company and finally she resigned it. So, now for getting benefits of pension the Provident Fund Office is asking the correct date of birth as she is illiterate and poor she does not have any Birth Certificate. Hence she got a certificate from surgeon in regards to her age by conducting a medical test. But the PF official are asking the order of Magistrate stating her age? Hence how to get the said order and what provisions of law it is given?
Manoj Pamul
08 May 2013 at 16:54
Dear Experts,
An engagement of my client and one girl was performed by their respective families. Thereafter, date of marriage was also fixed by both the parties, accordingly my client's father had made all arrangements for marriage e.g. booked funtion hall, advanced to catering and video shooting etc. And all of a sudden the father asked to postpone the date of marriage stating that his close relatives cannot come on the said date, to which my client refused because he had made every arrangements and paid advance money. Thereafter the father of the girl cancelled the marriage and finally the marriage was broken down. After one month of the date of marriage the father lodged a complaint stating that he had given gold and 500000 cash for marriage and my clients had demanded dowry of some more gold. But that demand was not fulfilled by him and that is why my clients have broken down the marriage. Now the F.I.R. has been lodged against the boy, his father and mother and one match-maker under section 406,420,504 and 506 of IPC and u/s 4 of Dowry Prohibition Act, 1961. To this my clients have applied for anticipatory bail. So what should be argued and proved to get it allowed?
Manoj Pamul
14 December 2012 at 08:40
Sir,
Pls guide me in the below mentioned problem.
My client's son had obtained a loan for purchasing truck from one finance company, the said truck had been hypothicated. That, all documents relating to loan and agreement were signed by my client and his son in the office of a dealer's office which is situated at the residence of my client i.e. 'Y' city. The company's main office is situated at 'X'. Accordingly My client's son became a borrower and my client became a co-borrower. The all transaction had taken place in the year 2008. Thereafter, my client's son had paid instalments regularly. However, in the year 2009, suddenly my client's son i.e. borrower died. Thereafter in the next month, my client had surrendered the said truck and settled the account. However, on 18.09.2012 my client got a notice of execution proceeding of arbitral award from the district court. Accordingly he appeared , and now it seems that the said finance company had made a claim with the Sole Arbitrator, in the city of 'X'. Again when I have gone through the award, it shows that, the sole arbitrator had sent 1st and 2nd hearing notice on 03.03.2010 and 26.03.2010 respectively. But no such notice has been received by my client so far. Here the important point to note that, on 24.03.2009 only the borrower i.e. my client's son has died.
Therefore, now i have to challenge the said arbitral award. So pls guide that,
Whether the arbitral award can be set aside and what is the limitation?
which court has got jurisdiction to try and decide it? i.e. whether the court of city X or Y?
Manoj Pamul
08 November 2012 at 07:53
Whether a gift deed executed by father in favour of his two sons can be cancelled by father afterwards?
Manoj Pamul
25 October 2012 at 22:28
What is the difference between verified copy and certified copy?
which copy can be led as a secondary evidence?
Manoj Pamul
18 October 2012 at 23:28
Dear Experts,
Before going to construct an apartment, what kind of contract should be done with an architect? If any model form is available, so pls let me have it.
Thanking You!
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Anticipatory bail
Sir, my client got executed a registered release deed from one brother and sister of their ancestral property. His sister is of 60 years old. She came to register office and made her signature. Now, she complained in the police station stating that her signature had been obtained by cheating and without informing anything about the deed. Therefore, the police has registered FIR under section 420, 467, 471 read with 34 Of IPC against the brothers and the witnesses of the said deed. Whether police can register it? Whether police can arrest my clients as the offences are punishable not more than 7 years? Is there any ruling or authority of apex court which will help to get Anticipatory bail to my clients? Please help me and suggest for best course of action.
Thanking you!