Anonymous
26 March 2010 at 21:47
Description : I am Abhay Dolare from Nagpur working as Medical
> Representative in private company since last 2 yrs .I had met one girl in
> a train journey in the month of august 2008.Since we knew both each other
> and our relation changed into friendship and subsequently in love .I am
> living at nagpur for my job and she was properly from Tumsar district
> Bhandara Maharashtra. Since we were in love we were always in contact with
> each other. Almost talk on phone and many times she used to come down to
> nagpur to meet me. Whenever she used to come to Nagpur we both spend day
> together and in the evening I used to escort her to railway station and
> from their she used to go home.
> Many times she used to insist me to get married as early as possible
> . It was my contentions that since she is still doing her graduation
> degree therefore there is no hurry marriage can be performed even
> after her graduation . I needed time to arrange money for our
> marriage .Our relation was going very smoothly and happily.
> In the month of October 2008 she informed me that she was
> required to go to nashik for 20-25 days to her relatives as her
> mother and one of her cosine sister are going for some urgent
> work . At the relevant time she assured that she will be in
> contact with me on phone. Whenever I was contacted her by phone I
> was charged with STD charges . When I asked her about this she
> was explained that since she at village near to Gujrat border
> therefore may be possible at the relevant time I did not paid
> much attention to the contention of her . One day I called her ,
> her mobile was shown not reachable and I heard the voice of
> operator in Gujrati language . later on when I was able to
> contact her , she had informed that they were in Daman . At the
> relevant time she had also informed that she has purchased some
> gift article for me.
> After coming from the nasik she starting insisting we should get
> married , when I tried to advice her she was annoyed and did not
> contact me for three days since we both are in love this torture
> of her caused great hardship to me, and as consequences this I
> get ready to marry with her . when I asked her that I will have
> to talk with my parents for marriage She informed that in their
> religion inter cast marriage is not permitted therefore her
> mother will never consent for our marriage therefore their is no
> need to meet her Believing on the words of her i did not
> approach her mother , without informing any we got married as
> per hindu religious rites in radha krishna mandir nagpur on
> 15/02/09 . thereafter the marriage we register our marriage with
> registrar of marriage on 26/02/09. After solemnization of
> marriage we both resided and co-habitated together at nagpur .
> Till 09th april 2009 we resided happily and peacefully on 09th
> april 2009 her mother had called her and invited her to her home
> town at tumsar . Since her mother called her first time therefor
> we both were so exited . After few minute again her mother
> called her and gave some information after listening to it she
> was very much depressed and tensed. When I enquired her she told
> that her mother had told her had asked her to come alone . Then
> I replied that there is no problem because I was unable to go
> with her because I had a job work at amrawati . i was unable to
> understand as to why she was upset.
> Next day i.e. 10th april 2009 I accompanied her to railway
> station to see off her along with one of my friend. When we
> were sitting the general compartment two person came and
> directly started talking to her .one of the person of theme
> asked her as to where she is going . seeing this I objected
> and tried to enquire as to who those person are and why
> they are talking to my wife that. at the relevant time one
> of the person whose name was sajjan prasad gupta informed
> me that she is his wife and they were married on 5th nov
> 2008 in gujrat and also given the marriage registration
> certificate of gujrat . that was great shock to me. When I
> asked to her regarding this she had also confirmed me the
> same fact . after hearing this from her I lost my all hopes
> from life and was terribly hurt and depressed.
> after few days she came back and again started residing
> with me When I asked the reason for cheating me she
> arrogantly argued with me and threatened me if I tries to
> divorced her she will commit suicide and will also make
> false police complaint against me and since she is
> belonging to schedule tribe community the atrocities
> charged upon me When I requested to her that as she is
> already married she should leave me and go to her 1st
> husband . she was threatened me that she will not leave
> me. will reside with me for life. In the mean time the 1st
> husband of her was also calling and threatening me to
> leave her face dire consequences . Action of her and her
> 1st husband has caused a mental and physical harassment to
> me . Since 2nd Marriage in existence of 1st marriage is
> null and void and is illegal . However she has caused a
> great hardship by suppressing the fact from me therefore I
> approaching before this hon'ble court of you for
> cancellation of marriage dated 15/02/09 by declaring the
> same as null and void and also grant injunction thereby
> directing she to do not interfere in my life .
> As I am having lots of hope from your side for right judgment and
> guidance what i have to do ?
>
>
> During this in the month of june 09 she get pregnant and
> by mutually she get abortion because she was doing her graduation. After few days when she was gone to her mothers
> home for two days I leave her and shifted other
> place . And now I have filed case in family court to
> null and void our marriage and also attached all documented proof of her first marriage i.e her first marriage certificate along with memorandom of application for register of first marriage xerox copy also i have got her pan card no which is in the name of her first husband and she filed case domestic
> violence in jmfc against me which is false . And her
> first husband demanding money to come as witness in
> court . during time I went personally to gujrat and
> bring original registration certificate of her first
> marriage and xerox copy of notarised documents which
> filed for registration of her first marriage also. But
> now jmfc court have ordered interim maintenance of 2000
> rs without seen my income and investigating the evidence and fact
> which i have filed in case . Now I appeal in session
> court for the stay order of interim maintenance . so
> please let me know what will happen final order in jmfc
> and session court and suggest me right direction for the
> case .and also she has filed case of conjugal rights and restitution for harass me . so please suggest me what will happen in all these cases and how long all the cases will take.
>
vinod bansal
26 March 2010 at 21:33
R/Members
I had filed a crl complaint u/ss 452/323/506 IPC in which some documents were exhibited by me as exhibits C-1 to c-6 and accused were summoned ,now case is fixed for pre charge evidence,is it mandatory to exhibit again those documents which have already been exhibited by me in preliminary evidence as C-1 to C-6.One of my Ld. friend has adviced me to exhibit again as p-1 to p-6 on those documents which have already been exhibited by me in preliminary evidence as C-1 to C-6.Kindly enlighten me.Some advocates are adopting this practice in 138 NI Act cases as i have noticed ..Thanx
Sumon
26 March 2010 at 21:04
i have purchased an cd containing
Supreme Court judgment from 1950 to 2000.
I have had a conversation with the owner of the company who published the cd and he asked me to become his agent in east india.......now my query is wheather such publications of judgements on a commercial basis is an offence on the eye of law or not?if yes then under which act?...please reply to my qyery as soon as possible...........i need to know..........
Thank you in advance
vinod bansal
26 March 2010 at 20:55
R/Members
District Transport officer challaned the bus of my friend while he was using the same for transporation of passengers on a route for which he was not having any required licence from state govt..Now DTO has assessesed a sum of Rs. 30,000/- as penalty but my client is not satisfied with this assessment,he want to get release his bus on supardari which is impounded by DTO.From which court he can release bus on supardari,further where he can dispose this challan except DTO.Can he request before illaqa magistrate/Chief Judicial magistrate for supardari and disposal of the challan.kindly enlighten me with relevent provision. Thanks
Shammi Arif Saifi
26 March 2010 at 20:46
What should be the treatment of amount received from my family on my partition.
Thanks
Shammi
M. Sahul Hameed
26 March 2010 at 20:23
How to prove impotency of the women in cases under section 12(1) of Hindu Marriage Act
when the marriage not consumated what is the procedure to get a divorce.
when the respondent fail to get into the witness box court can draw adverse inference against her regarding impotency.
Anonymous
26 March 2010 at 18:55
* May I have the format of Leave and License agreement?
* Does owner has the right to throw out tenant's stuff if Leave and License expires? This should be possible because Tenant is considered as trespaser after expiry of Leave and License.
* Can Police evict the tenant in case of Leave & License or only court (like in case of Lease)?
* If court has to be approached even in case of Leave and License then how Leave and License gives every rights to the owner to evict the tenant, than in case of Lease?
* Are the decisions from court faster in case of Leave and License agreements? This might also mean that court case is a matter of formality because tenant has no right to live in the property after expiry of Leave and License.
R. Prasad
26 March 2010 at 18:51
Dear Experts,
There was an agricultural land with number 105 and area 0.902 Hectare on a road side in the name of Mr. KP. The said road connects two towns( Town A and Town B) of the same district of UP. Some 4-5 years back I bought a portion of the land (No. 105). The sale deed for the said portion measuring 0.135 Hectare, square in shape, mentioning the boundaries - in North - road connecting town A and town B, in East – land of X and others, in South – the remaining portion of the land 105 of Mr. KP and in West - the remaining portion of the land 105 of Mr. KP, got executed by Mr. KP in the name of my wife V on date D.
After the execution of the above sale deed, Mr. KP executed another sale deed for another portion of land 105 in the name of N on the same date D. The descriptions for the second portion in the sale deed to N, are: area 0.65 Hectare, boundaries- in North - road connecting town A and town B, in East – land of V, in South – the remaining portion of the land 105 of Mr. KP and in West - the land of Y and others.
After the execution of the above mentioned sale deeds, the sale deeds along with parties were presented in the office of registrar for registration on the same date D. N got its sale deed registered with registration number R1 while V got its sale deed registered later with registration number R2.
Last year one KSK dealership from IOCL was rostered in my village on road connecting the towns A & B. The land requirement was 70ft X 70ft for KSK dealership. There were three applications from V, K and R. All the three applicants were called for interview and the result was declared on the same date by IOCL. K did not qualify as K got 0 marks against land & infrastructure. V got placed first and R got placed second. And V was the selected candidate.
But on the next day, K filed a Writ Petition in HC against IOCL alleging that there was favouritism and IOCL has awarded 0 marks in arbitrary manner. Moreover, V, the selected candidate was not made party. WP was heard by the HC and HC order that there is alternate remedy available i.e. the IOCL grievance redresal authority. HC further directed the IOCL to dispose of the matter within 3 months. Thereby, K & R submitted their representation complaints to IOCL. IOCL (state unit GM) called V, K & R and heard them one by one. After hearing, the GM/IOCL constituted one committee to investigate the complaints of K & R. During the investigation the investigating Officer asked me to bring the original sale deed of V and N. The same were shown to the officer.
Finally, in compliance of the HC order, GM/IOCL took the decision on basis of the report submitted by Investigating Committee, and cancelled the selection and ordered re-interview. GM/IOCL dismissed the complaints/allegations of K & R and stated that on basis of the report from Investigating Committee, IOCL erred in awarding 29 marks for land & infra. to V as V has not submitted the consent from co-owners - Mr. KP and N, of land 105 along with the application. Not submitting consent is in the contravention of the IOCL policy, said GM/IOCL.
Now my question is that even if there are clear boundaries of V’s portion in land 105, V is not free to use it for any purpose. V has to take consent from Mr. KP and N?
Or another interpretation of GM/IOCL could be that since N’s sale deed was registered before V’s sale deed‘s registration, N becomes first co-owner with Mr. KP in land 105, then the boundary of V’s portion vis-a-vis with N’s portion becomes unclear and that is why V has to take consent from N and/or Mr. KP.
How much this interpretation is legally sustainable? Please advise me the remedy if any as there is no appellate authority in IOCL.
Please note that a land measuring 0.135 H, square in shape has dimension 120ft X 120ft while IOCL’s requirement is 70ft X 70ft.
Thanks a lot
Sincerely
M. P.
Anonymous
26 March 2010 at 18:48
CHEQUE BOUNCED FOR INSUFFICIENT FUNDS.NOTICE GIVEN,NOT REPLIED. CASE FILED BUT ALL SUMMONS /BWs/NBs RETURNED UNSERVED AS DRAWER OF CHEQUE HAD LONG BACK LEFT AND SETTLED ELSEWHERE,ADDRESS NOT KNOWN TO COMPLAINANT.COURT DECLARES DRAWER PO AND INFORMS CONCERNED SHO AND IS NOW SUMMONING PWs.WHAT NEXT? CONSEQUENCES/REMEDY FOR BOTH DRAWER AND COMPLAINANT?
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Ancestral Property
Hi,
We have an ancestral property in punjab,and acc to my gradma's will she have mention my father as the only owner of the property. now the problem is that my one brother and a widow of my second brother also asking and pressuring my father for the share.
1) Can my father sell this property without give any share to anybody
2) can he transfer this property in some one else name.
kindly suggest some thing.