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Queries Participated

Jainodin shaikh   05 August 2014 at 19:42

Where to challenge appointment of Enquiry Officer?

Which is the proper forum to challenge the appointment of enquiry officer and arbitrary procedure adopted by him?
High Court, Labor Court or Civil Court?
The enquiry is initiated against an officer of a private limited company and NOT against any labor.

pulkit patel   16 July 2014 at 20:00

About sale deeds

Few months ago I got a plot booked in my name. The booking form and agreement mentioned only my name as the buyer. Now after having paid the entire amount for the plot I want a registered sale deed to be executed. But to save cost(stamp duty) I want that the sale deed mention my sister, and not me as the buyer and be registered in her name. Is this possible, given that the earlier agreement did not mention her name as the buyer ( or allottee )

bhagya   16 July 2014 at 17:17

Cheated by a man

Hello sir, I am keen to know if I am eligible to file a law suit against a man who has cheated me not once but twice in a same way . The background is 4 years back , I was in a so called relationship with a guy who was my senior in university. He behaved like his feelings were genuine and almost raped me, used me physically and dumped me sayin he is not serious about this relationship. Later on he moved on for his further studies and my parents got married to someone and I moved to Australia. After one year I separated from my husband on domestic violence grounds. After a few months , my so called ex boy friend got in touch wit me again and I was a fool enough to assume he had realised his mistake so he is back. Also when I shared the news about my separation he felt sorry but started flirtin after a few days and this kept on going for about 6 months. While I was in a hope of getting back to him again as I loved him truly he plotted to use me once again. I travelled all the way back to jndiA spendin my money , treated him in a 7 star hotel, got him expensive gifts... He again used me physically and later when I questioned him about his intentions of getting back to me he states that he wants to be good friends with me as I have a nice heart. He again deceived me. He keeps in touch with me but has no feelings what so ever . I have a proof of his almost naked pics he used to send me and also the proof of hotel room I booked . The hotel had collected both our ID cards and I am sure they have records of it. Is there any sort of cheating case I can file on this man for harassing me mentally and cheating me with his wrong intentions. Please help me

Jainodin shaikh   15 July 2014 at 22:38

Trial without original charge-sheet ?

Problem:
1. Two accused were charge-sheeted.
2. First accused declared absconding.
3. Trial of second accused separated.
4. Second accused acquitted.
5. Case papers send to record room..
6. After some years, records; except the judgment, were destroyed by the court.
7. After some years first accused arrested and supplementary charge-sheet is filed against him.
8. Supplementary charge-sheet is not accompanied with any statement of witness nor even with F.I.R., but it has photocopies of original charge-sheet which are not readable.

Question:
How the trial of first accused can proceed?
What stapes the Court or accused is expected to take?

Jainodin shaikh   11 February 2014 at 15:29

Evidentiary value of dead person's evidence

In a Regular Civil Suit instituated in the year 2005;
1. Evidence on affidavit by plaintiff was filed.
2. Defendant remained absent, no cross order passed.
3. Evidence of another witness was filed on affidavit.
4. Deffendant again remain absent, no cross order passed.
5. Deffendant not aduced any evidence, defence closed.
6. Decree passed in favour of plaintiff.
7. Appeal filed and decided in the year 2014, trial court to rehear evidence
8. While pending the appeal one witness died.

QUESTION:
What is the evidentiary value of the evidence of the witnes who has been died after recording his examinition in chief withoutt cross examinition?
Whether court can consider such evidence in its judgment?

vinod bansal   07 June 2013 at 22:56

Evidence (chief) by way of affidavit in 125 crpc case

R/Experts
Evidence (Examination in chief) of petitioner by way of affidavit in 125 crpc petition is permissible or not as per law,kindly suggest some citations on this point.Thanx

Jainodin shaikh   28 April 2012 at 16:36

In need of "maharashtra prisons (remission system) rules, 1962"

Hi!
I am in urgent need of "Maharashtra Prisons (Remission System) Rules, 1962" which is published in The Maharashtra Government Gazette, Extraordinary, Part 4-A, dated 3rd August, 2011.
please upload this rules or the copy of that gazette, and if avilable, the jail manual.
Thanks in advance!!!

Anonymous   26 December 2011 at 20:47

156(3)

what will be the maximum time limit to get register FIR through MM court in u/s 156(3) after the incidence occurs and if police deny to register a FIR .

Thanks

Mr. Hitendra Shah   11 October 2011 at 21:05

If police is managed by the accused and criminal case is converted into civil what should be done?

In the similar Case my wife is Complainant. In my case Charge Sheet was filed and in my wife's case Police Report is filed. I have applied for the certified copy of the said Report from the court. I may get it within 2/3 days. I have come to know that Police has stated in the Report that the case is of civil nature. This is because the police was managed by the accused. U/s 156(3) order was given by the court on prim fascia evidences. The police took my wife's statement but did not give her FIR copy and the copy of her statement but after two months the Police called my wife to change her statement but my wife denied to do so and the said matter, my wife informed to the Magistrate saheb in writing, sending this letter through courier and got acknowledgement slip. Now what should I do? The next date is on 6/1/2012. Transfer took place of Magistrate saheb.

In my mother's case against the builder where the builder gave my mother lesser amount of area in the flat in redevelopment work and in her case I argued in the court and Hon Magistrate called Police and asked that whether my mother really got lesser amount of area in flat, the police said yes and after two dates the Hon magistrate saheb gave hint me that my mother will get favorable response from the court on 31/10/2011.

Now in my wife case whether should I appear before the Magistrate saheb on behalf of her? As I know whole case and I know all the criminal points having all the evidences or whether should I hire an advocate?

what will happen now? Even all the evidences are there, if the Magistrate saheb says that the case is of civil nature then what is the remedy left to my wife?

The accused are spreading money everywhere. They want to make my wife's case of civil nature at any cost because 1) the similar case of mine is there in the same court and it is a criminal case and now if the accused get success in making my wife's case of civil nature then on the basis of that they can say the said court has considered my wife's case of civil nature the Hon magistrate should consider my case also of civil nature and 2) the matter in my and my wife cases might have become time barred even though the Bank has given replies of my and my wife's letters in 2010 and July 2011 but the transactions took place between 2005 and 2006.

I want to know from the Experts the best advice, precautions to be taken and best remedy to be followed.


Thanks.

Anonymous   11 October 2011 at 20:34

Dv case and other case possibility

Dear Experts,

one and a half year ago wife filled DV case and running.

allegation of Demand of Dowry she herself abolish in her main application through certain paras.

can she file case of 498A after passing 1 1/2 of DV case and self clearance of dmand of Dowry allegation?

harrasment can be made through any action, any false case,

may one can suggest How such wives can be restricted to file any false cases?

2-- value of messages as evidence in Hon court is considered on merit basis or their value as evidence is less compared to document evidence in matrimonial cases.

thanks in advance.