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yogesh 21 September 2012 at 19:08

Seeking the expert opinion of lawyersclub-on regular bail issue

Dear expert members,
we are residents of Delhi have been falsely implicated u/s 498-A, 406,506,323 and the FIR was registered in neighbor state . we were given anticipatory bail for 2 months by session court with condition that we join the investigation and return all the articles to the I.O and apply for regular bail before Ilaqa magistrate

we return all the articles and join the investigation and applied for regular bail in this week. The ld magistrate issued notices for the next date and 'AFTER NOTICE' , the complainant and Govt counsel opposed our bail application that we have not given exorbidant amount of gold( as demanded by complainant)..On that day the ld magistrate didn't grant us regular bail but fixed the date for arguments for next date

On the next day, our counsel has withdraw the application and apply for rectification and clarification of AB order before session court and the matter is posted for hearing

Kindly give your expert opinion in this regard ?

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Mehak pillai 07 September 2012 at 07:54

Ia and petitioner's absence

Dear Experts,

After filing an IA, can the petitioner remain absent for two court dates with valid reasons of absence? In this case, the reason of absence will be explained by the advocate from the petitioner's side. Please guide.

Regards
Mehak

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truman 04 September 2012 at 20:29

Rcop

My flat in Chennai was rented out and the tenant defaulted payment of rent.I filed a RCOP case and after contest in RCA,and in HC(CRP)back to RCOP,eviction was ordered with 60 days notice on 15.06.2012.On 17.08.2012 EP was filed and delivery received on 31.08.2012. when I went with the court bailiff the tenant refused to open the door and we have to return. A affidavit for police assistance to break open is filed in the RCOP court on 04.09.2012.Now the tenant has filed RCA for stay with delay of 20 days and hence filed condone of delay and is posted for 06.09.2012.If I do not get an order for break open by 05.09.2012,what will happen to my favorable order of eviction.Can the condone delay petition be treated as a stay by the tenant and thereby counter my years of torture.I am 75 years old.Please assist me with your expert advice.

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Abhijeet 04 September 2012 at 13:41

Interim maintenance.

Greeting to All,

I am Anirudha I live in Mumbai, got married on 31 Jan'11.My wife has filed a case in congenial court and she is not working. I have submitted my official pay slip of Rs. 42500 pm to the court. I have a loan against which I have to pay monthly EMI is Rs. 22000 pm. I have provided the required document. My rent is Rs. 14500 pm.. I have the notarized agreement which my layer did not ask me. As a result my layer failed to submit the rent agreement to the judge.

Based on this the court ordered an interim maintenance of Rs 15000 pm to my wife. I can produce the rent agreement to the court. As currently I am hardly able to save, honestly I cannot afford to pay Rs 15000 pm to my wife.

I feel that the court was not able to asses my situation before giving an order of Rs 15000 pm as maintenance.

Please guide me as to how to take my case forward and pay a fair interim maintenance.

Also my advocate says that the next hearing date is decided by the judge. I have to travel to pune for the hearing. I am comfortable on Saturdays. My wife live in Pune. Is is possible to book the next hearing date as per my convenience.

Thanks in advance for your advise.

Anirudha.

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