G V RAO
19 January 2010 at 17:52
Lower court given the child visitation rights to me during july 2009. But still my wife is not allowing me to reach my daughter who is at 11 years now. When I visited to my wife house , my daughter said, she will not come with me.
Later when I visited again , my wife , her brother and her mother threaten me and abused me and my mother. We have lodged the compliant in the police station about this incident. All the abuses has been voice recorded.
During last month, she applied for the writ petition in the high court to cancel the order passed by the lower court and also asked to stay on the matrimonial case proceedings at the lower court. We have filed the counter affidavit and no date has been given in the high court.
She has beaten my daughter during 2007 and asked my daughter to abuse my mother with the vulgar words, which my daughter repeated. This has been captured in the digital voice recorder.
During this course, my daughter is also started to abuse me and my mother because my wife tutored my daughter. Such abuses has been captured.
We informed about my wife actions to the lower court judge. Judge asked my wife lawyer to bring the child and wife to the court. But she did not turn up and her lawyer asked for the time to appear. Judge given the date during Feb’10.
Can I have any suggestion from your side on this.
Thanks /gvrao ( 99633 99235)
Milind Joshi
19 January 2010 at 17:45
As per the amendment in Section 202 of CR.P.C. Following insertion is made" and shall when accused is residing at a place beyond the are in which magistrate exercises his jurisdiction". Now as per this amendment Whether it is incumbent upon magistrate to compulsorily postpone the issue process or if a material before him is like such in a case when offence committed can be seen prima facie and accused is beyond the jurisdiction. Whether Magistrate can pass an order of issue process when he has satisfied primarily when accused is beyond the jurisdiction instead of sending it for investigation or the word shall denotes that he must send it for investigation. What is scope of words in the section "Sufficient Grounds"? Are there any case laws after the amendment of 2005 which says magistrate can pass an order of issue process directly instead of postponement of issue process, when magistrate is satisfied prima facie. Please send me the Object of said amendment of 2005 also.
RM
19 January 2010 at 17:41
An urgent Opinion is required ..
A person having a self – occupied commercial property in a regd co-op hsg society and was running a business from said property with all permits & licenses..
He dies without WILL . Wife and Minor Son have obtained Heirship Certificate from the Court of Civil Judge… wherein it is mentioned that , “ They have been recognized as heir of the deceased in respect of the commercial properties ”
Lady wants to sell the commercial property alongwith business rights ie. permits + licenses to me and my friend ..
My Queries are :-
1. Heirship Certificate issued mentions only about commercial property and nothing about deceased’s business permits + licenses.
Does this mean that wife & minor son can get permits + licenses transferred to their name( Without Will ) on basis of this heirship certificate ??
Can’t there be any claim from someone regarding business and does this heirship certificate should also mention about this business ??
2. As wife & minor son both are recognized as legal heir of property , they jointly held this property
Is consent of minor required to sell the property ?
If so can we ask the lady to produce Court Orders OR Court permission for sale of minor's property ??
3. Can we ask for Society N.O.C. ( as commercial property situated in a co-op hsg society ) before Signing Agreement for Sale… ??
Share certificate mentions property transferred to lady’s name ( no mention of minor son ).
4. Can we Enter into a Single Agreement for Sale for both property & business permits and licenses and pay stampduty .. or separate agreements for both
As we will pay individually and then later on transfer it to Partnership business .
sushil bhatt
19 January 2010 at 17:05
Dear All,
pls advise can we challenge an interim order passed in an application u/s 9 of A&C Act 1996 before the High Court within the purview of section 37 of the Act.
ABHINAV JAIN
19 January 2010 at 16:53
Interpretation of section-20 of the Rajasthan motor vehicles taxation act,1951.?
Whether a state can levy taxes for using certain bridges, roads, etc..?
In my view it is the sovereign function of the state to provide for better facilities etc. etc..
However the accepted view is that in order to maintain such bridges, roads etc. expenditure is incurred and to maintain the same levy of toll-tax is correct.
please clarify before 20-01-2010; 09:30am
Anonymous
19 January 2010 at 16:28
what is the difference between mortgage deed by way of deposit of title deeds and mortgage deed?
Anonymous
19 January 2010 at 16:13
Sir,
I was issued a cheque for a certain amount and then later informed that a stop payment order has been made on this. This was done without my consent. Can I charge them with an offense?
Anonymous
19 January 2010 at 16:05
“A” and “B” are parties to a suit for specific performance of an Agreement. While pending the case, both of them have entered into a compromise and acoordingly “B” has handed over the lands to “A”. But “A” did not get registration of the said lands on his name. After passing the decree, “A” did not approach court for registration of the sale deed. Now the limitation period of 12 years have lapsed. I want to clarify at this movement:-
1) What “A” can do.
2) What “B” can do.
thamilarasan
19 January 2010 at 16:03
sir im thamilarasan from tamilnadu there is an criminal case on me two years back it was filed sir but still now i did not have any earing in the court i want to know whether the case will be cancelled or not
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leave & license
I had entered a leave & license agreement with a licensor and two other members along with me as licensees.
-The agreement read :
Leave & license agreement between:
xyz -licensor
&
1.abc
2.me
3.str
Hereafter called the licensees.
It was for a period of 11 months with six months lock in.
Terms of terminating were that any of the parties can terminate with one month's written notice period.
When I wanted to leave at the end of six month's as I had a mutual agreement with my flatmates that they would pay the rent after my one months notice period, I did not give the landlord notice. I assumed that the licensees need to give notice only if all the parties are vacating.
My flatmates have now gone back on their earlier agreement and the landlord has cut one month's rent from my deposit.
I have now sent a written notice but the landlord says that I can't give notice alone and all three have to give notice or I will have to continue to pay rent.
Is this true? What can be done now?