LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   27 March 2019 at 20:36

Opposite party lawyer didn't come for cross examning witness

Hello Experts,
We are fighting our DV case in person. Today, we had called the Psychiatrist treating my brother from a distant place ( nearly 200 km away). On last date we had taken consent from the OP lawyer and he was convenient with the date in front of the Court. But, since last two days lawyers are on strike in our district. And today, he didn't come to cross examine the doctor in the court. Is it not contempt of court? what action can be taken against him as the date was fixed with his consent?

Giridhar   27 March 2019 at 20:27

Summon under sect 319 crpc

I had been falsely implicated to a case in 2011 u/s 294b, 323, 324, 343, 506 (ii). The I.O removed my name while framing charge sheet after I explained him that I were on the way to college and not in the spot.
The case is pending trial currently and while during witness examination, the complainant and his false witness mentioned my name again. From the eservices of court, I could find that a summon has been issued to me u/s 319.
I am yet to receive any summons so far, but in this hearing I found the comment as "PP Accused called absent. Issue fresh notice to PP accused by 02.04.2019."

1) What should I do, should I wait till the summon, or do I need to check with someone in the court.

2) Is it possible to prove it as false case despite the availability of false witness?

Here is a small background about the incident. My neighbor and my parents had problems related to drawing water from a common well. we obtained temporary injunction from the court to prevent his interference and we were drawing water from the well. On a specific day my neighbor took the fuse carrier which resulted in a quarrel. After this incident, he admitted himself in G.H and complained that my Mother, Grandfather and I had beaten him with wood and threaten to kill. He neither had any injuries nor swelling.
But my neighbor and his cousin who is acting as false witness is ready to testify that we had beaten him.

RAMJI   27 March 2019 at 19:29

Writ & injunction at lower court

In matter of eviction of encroachment on govt lands...a writ praying for directions to Implement the orders of district collector to thasildhar to conduct survey is pending for disposal, GP is kept in asking time for getting instructions ..hence admissiin adjourned for three times...next on 08.04.19...my query is when writ is pending, is it possible for affected encroachers to file for injunction at lower court against survey to be conducted ....?!!can lower court give such injunction ?!

RAMJI   27 March 2019 at 19:26

Writ & injunction at lower court

A writ praying for directions to Implement the orders of district collector to thasildhar to conduct survey is pending for disosal

Anant   27 March 2019 at 18:03

Divorce and section 498a

Dear Sir,
I got married with girl from relative, ( marriage date is 15th July-18) at the time marriage they verify all the document, i..e degree certificate, salary slip, bank statement etc. But we did not do any cross verification of girls, we blindly follow them as they told that she has passed 12th standard, after marriage it is clear that, she is not capable of cooking food, can not read or write even marathi also. So we try to teach her but she was not able to grassp it. after 5 months, she left to her parents home, i.e. in the month of Nov-18. from that to still date she at their parent home, we call them to understand the her progress but her she has not any development, her parent said that, she can't developed. Now they stated dramma that, give them 5 lacs as marriage expenses and any lumsump amount as potagi.
when she was along with we did no do any harassment, after she left to her parent home, she also told them that, there is no any harassment done from us. Her aunty also agree that she said that, there is no any harassment done by us and we have call recording of her as well as her aunty stating that, there is no any harassment.

Now my question is that, can they file misleading case against us under DV or 498A section and what will be the another action of them.
what precaution we have to take on it, to avoid unnecessary litigation. Please guide






Pradeep Kumar   27 March 2019 at 13:27

Non payment ff settlement after exit

I separated from RG Group on November,2018. Till then HR team assured for payment and by doing this they consumed my time and money. I succeed to apply for PF withdrawal on EPF portal recently after a marathon correction in PF account.

Please advice How Can I effectively do good for my self, I am ready to pay fees for this service.

Regards

Irshad   27 March 2019 at 07:17

Partition of land between siblings

Deatils:
1.In the year 1979 my mother filed case against her brothers.
2.In the year 1983 preliminary decree has been passed by the court in which my mother had got 1/7 share of the whole property.
3.from 22 acres of land my mother had got 3.14 acres and rest divided between 2 brothers (2/7) and 2 sisters (1/7).
4.In the year 1986 final decree has been passed by the court and case is closed.
But partition of land has not done according to the decree, even I don't know the reasons so now can I file case in this regard (2018)
and from where can I know the reasons for change in partition of land....

pavel   27 March 2019 at 01:30

Trust running school

Hie.

what is the difference between charitable trust and trust running school....there is a school which is registered as s trust but it collects fees from students .what kind of trust it is.

Is this trust running school eligilbe of 85% exp and also for maintaining corpus fund 

please explain ,

Regards,

Pavel

R Maheshwari   27 March 2019 at 00:55

WILL of 1994. Enforceability and Title starts from what time

Unregistered Will was made by "A" in Kolkata, in 1994.

Estates including business and assets situated in Assam were bequethed to his brother's family members and later to be transferred through trust collectively to "A"s future grandchildren whenever eldest child reaches majority. Main purpose was to keep estate out of reach of "A"s own son who was not nice person, but in reality after testator's death in 1999, that same son is in possession forcibly and running that business and enjoying.

Now since eldest grandchild is major in 2019, executor and interim beneficiaries have to make sure as per will the grand children get the property in a trust, free from any encumbrance.

Is probate necessary? Where to be applied, Assam or Kolkata? What is cost limit in Kolkata, max limit of court fee or stamp applicable for value of estate over 5 crore? If probate was not taken till now since demise of testator, then the interim beneficiaries (Brother's surviving family) effectively be title holders even though testator's son forcibly used the estate till now?, and from when will their title be effective....... on demise of testator in 1999 or not till probate is got?

Kindly throw light, as is related with future of some children......


Thanks in advance.

Saurav   27 March 2019 at 00:23

Debt recovery

Hi,

I am a businessman from Kolkata. I am into advertising branding and communications business. Last year I had done a business with another similar advertising business agency from Mumbai. This business is a private limited company. They issued us PO against which we executed their jobs in Patna & Kolkata and sent them all documents for payment. After initial payments, they have stopped paying us our dues and not responding to our communications in any form. Our current dues are almost 5 lacs. How can my dues be realised? I am willing to pay 10% of my payment realised. Please advise.

Regards,
Saurav Ghosh