Vinoba
05 November 2012 at 17:29
Sir,
I am in need of the recent ruling/precedent given by the Hon'ble Supreme court which says that the kith and kin should not be added as accused in a case under Section 498-A of IPC.
Divyesh
04 September 2012 at 15:25
Hello everyone,
I would like to ask question regarding one issue and need proper guidance. In my family, one of my cousin (female) got the divorce and she has 5 years old daughter. In birth certificate of her daughter, father name is specified who is husband of her from whom she got divorced. She want to change father name in her daughter's birth certificate. I would like to know what are the possibilities to change the father name in birth certificate. Can we change father name? Please give me guidance what procedures we need to follow.
Thanks,
Divyesh.
Reetu Dwivedi
22 August 2012 at 17:58
Dear Experts,
I am seeing a Power of Attorney in which the date of resolution of granting POA is September 14 and the effective date of POA is June 30 and also it says that subscribes our hand this June 30. Is it a correct POA? Can we state in the POA that it is granted in SEPTEMBER and it is effective from June.
lalita devi
15 August 2012 at 19:20
I was granted divorce by a deed of mutual consent. My first husband and the lawyer made me to believe that this was final, the words were under 29(2) this divorce is allowed and either parties are free to remarry. I remarried soon after this, by a registered marriage. The deed was given as evidence of my divorce. Both my husband and I believed in the divorce of deed. 3 years after my remarriage, my first husband filed for a decree of divorce. Due financial and time constraints, I did not contest this, as by that time I was also settled in my new family and this was a crucial period in my kids' education. Now, after all these years, I learn from similar cases, that since my remarriage was before the divorce decree, it is not valid in the eyes of the law. My kids and I have seen happiness only with my second husband. I want to validate my second marriage. The interest is doing the right thing. My first husband is remarried. He has had no connection with our family since the deed of divorce by mutual consent. My kids have been brought up totally by my second husband and me.
Is there a site from which I can learn about similar cases? What are the procedures to validate my second marriage from the date since it took place, as we have lived amicably and meaningfully for many years.
Vinoba
06 April 2012 at 08:27
Sir/Madame,
My query is that the Reserve Bank of India during the month of November 2011 has announced that from 1st April 2012 the period of validity of a cheque will be 3 months instead of the prevailing 6 months. To my little knowledge in Section 138 Proviso (a) of the Negotiable instruments Act, 1881 there was no amendment made in this regard. Under such precarious situation, which one we have to stick with: Whether the Negotiable Instruments Act or the guidelines given by the Reserve Bank of India? Please clarify me....
Vinoba
05 February 2012 at 20:16
Sir,
I would like to invite the experts attention that I had filed a calender case under Section 420 of IPC against 3 persons. Out of the 3 persons, one is residing abroad. Despite taking summons to the persons residing abroad, I couldn't serve it to him. Is there any provision available in Criminal procedure code for effecting publication against him in international dailies. Please clarify my query?
L. Vinoba,
Advocate.
Ravindra Swamy
12 November 2011 at 20:15
4 persons have jointly purchased a property having rights of different shares. 3 of them have sold their undivided share to 5th person and executed a sale deed in 5th person's name which has been registered in the concerned registration office. the problem is,
i. can the 4th and 5th persons partition the property as they are the present owners of undivided share of the entire property?
can the 4th person release his/her share to the 5th person?
or, is there any other possibility?
Anonymous
26 January 2011 at 14:53
Dear Expert,
this is regarding my grand mother, who passed away recently, and my grand father passed away in 1999. after my grandfather passed away, his earned property was transfered to his wife (my grand mother), which was got registered also, and than onwards the property was on her name. Being the owner of the property, did she had the right to write the will for that property??
Vinoba
23 January 2011 at 23:53
Sir,
I would like to know about the current position of law on the following facts.
My client 'A' has issued a blank undated cheque in favour of 'B'during the year 2005 for repayment of loan availed by her. Subsequently my client had repaid the loan amount and demanded 'B' for the return of the cheque issued by her. 'B' claimed that the cheque is in possession of his son-in-law 'C' who is residing abroad and that he would return the cheque after his son-in-laws return. In the year 2005 itself 'B' has also executed a Deed of Undertaking in a stamp paper stating that he is in possession of the cheque issued by my client. Therefore my client left the matter as it is. After a lapse of around 5 years, 'B' has filled the blank undated cheque issued by my client in the name of one 'D' and had presented the same as if it was drawn for a huge amount during the month of December 2010. My client swiftly acted and gave stop payment instructions to the bank and lodged a complaint against 'D' before nearest Police station. The Police authorities had closed the compliant stating that it was civil in nature. Now I have preferred calender case as against all the three i.e, 'B', 'C', and 'D' for cheating and other offences. Now the query is that the magistrate is hesitating to take up the case on file stating that there is a presumption against my client under Section 139 of NI Act and therefore a seperate compliant is not maintainable. I want to know is there any precedent on this point to support my case.
Vinoba.L
Advocate,
Pondicherry-08
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Declaration of legal heir status
Sir/Mme,
I had filed a suit seeking declaration that one 'A', deceased 'B' & deceased 'C' are legal heirs of deceased 'X' & 'Y'. The court has declared only 'A' as legal heir and refused to declare 'B' & 'C' as legal heirs as they are dead on the ground that no relief can be granted for deceased persons. My query is that the relief was sought only by a person who was alive including the deceased persons. Is there any ruling/precedent to justify my relief?