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Queries Participated

Zeeshan   04 November 2010 at 13:49

prevention from false cases

I have proved in WomenCell that I neither beat the girl nor ask for dowry & Women cell SI accepted that girl & her family is wrong. Case already in women cell. Please guide me what preventive measures I'll take to safeguard me & my family against false cases like 498a & dv ? I didn't want to live with the girl.

Chetan   04 November 2010 at 09:26

Rejection of Plaint

That in the suit for partition one of the plaintiff is residing at Toronto (Canada),The defendant had asked the said plaintiff through E-Mail whether he had filed any suit for partition against the defendant, the plaintiff reply that NO he didn’t. It means that the ohter plaintiffs had made duplicate sign of the said plaintiff.

Now the case is fixed for Written Statement

What remedy for me (Defendant)?

Whether to file the application for rejection of plaint on the basis of that E-mail. ?

Pls guide if any so that the suit can be rejected with heavy cost.

K Satyanarayana   10 October 2010 at 08:42

Cheque Bounce case

"X" borrowed an amount of 50,000/- from "A" to that effect "X" executed a promissory note. repeated demands made by "A", "X" failed to repay amount to "A".

"X" daughter is "Y". "Y" has Bank cheque book.

after repeated request made by "A". "X" issued a cheque to "A" cheque belongs to "Y"

"A" presented cheque in bank, cheque got bounced

"A" wanted to file a case

My queries:

"A" may file a case against both parties i.e "X" & "Y"

please suggest sir, with relative case laws

Vinoba   09 October 2010 at 22:55

Sec. 138 of Negotiable Instruments Act

I would like to know whether it is mandatory to plead that the debt referred in a calendar case under Section 138 of Negotiable Instruments Act, is a "legally enforceable debt". What is the disadvantage if we fail to plead it.
L. Vinoba

Ria   09 October 2010 at 16:48

Rejection of plaint - flat leakage

Respected experts,

I had filed a civil suit in the court claiming mandatory injunction and damaged against a lady staying above my flat on a power of attorney.

However the court granted me an ad-interim injunction. But later on the suit was rejected this week stating that the civil court does not have jurisdiction but only co-operative court has jurisdiction as the society is responsible for leakage from members house.

Please if advice if a Writ petition is maintainable in this matter.

ravi anu ramraika   08 October 2010 at 18:49

dismiss my 482 by high court

sir, i am accused in 138 case rs one lakh, i received first 138 notice through news paper publicasion. i chalanged cognigence in high court under section 482, but court dismiss it and suggess me to solve this metter under trial. sir i want go to supreme court, pls suggess me advocate in supreme court and his phone nos. a lot thanks for you, ravi ramraika my mob 09329288860

K Satyanarayana   08 October 2010 at 09:22

337 & 338 of I.P.C Urgent please

"X" going right side of the road "Y" coming opposite direction left side of the road, "C" child came suddenly on the road "Y" want to save the life of the child dashed "X", "C" safe.

"X" & "Y" both have injured, police registered cases On behalf of "X" registered U/s 337 of I.P.C, on behalf of "Y" registered U/s 338 of I.P.C

It is in crime state

Both parties not willing to case before the court, both parties wanted to withdraw the cases.

please suggest how to withdraw the cases

Is there any possibility to withdraw without Surrendering before the court or bail

i am waiting for your reply

Ria   01 September 2010 at 13:43

Special relief from High court

Is there any provision in law whereby we can claim special relief from high court when the civil court adjourns matter for deciding whether it has jurisdiction by giving a longer date ?
As waiting till jurisdiction is decided would cause immense damage to the property.

Vishal jain   15 December 2009 at 11:33

false 24 HMA

I have filed a divorce petition against her. For which, she has given the application for maintenance under Section 24 HMA, which is as follows the main points are:-

1. That the petitioner is running his business in the name of M/s.************ at *******(address) and earning more then Rs. 1,00,000/- per month.
2. That the applicant is a housewife and does not earn anything being a domestic lady and is residing along with her parents thus needs at least Rs. 20,000/- to support her.
3. That to grant Rs. 22,000/- as litigation Expenses.

Some briefs facts are:-
1. I don't file Income tax return as I don't have this much earnings

2. I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings

3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).

4.She is graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is graduate as I a documentry prove.

5. Now she is doing LLB final year for which she has paid Rs 60,000 fee.

6. Before marriage she was a working lady and earning around 7,000/- pm. (for this she has given in written in Income Tax Department also). I know all this but that is off-records.

7. At the time of Bail proceedings, I have given FDR for Rs.3,00,000/- as per the directions of high Court. In that order also the High court has advised her not to encash the FDR so that she can have regular income as maintainance.

ss   15 December 2009 at 09:54

Regarding limitation

Please clarify the following points:-

1. What is the term that 'the suit filed by the plaintiff is barred by limitation?

2. Whether certain valid grounds is required mandatarily for application of the clause barred by limitation?

3. What is the rule of limitation application in various civil suits filed under CPC?

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