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Anonymous   12 November 2009 at 13:47

damages- recent judgement

please tell me the recent judgment delivered which included principles to be followed in awarding damages in contracts.

Anonymous   12 November 2009 at 13:45

damages- recent judgement

please tell me the recent judgment delivered which included principles to be followed in awarding damages in contracts.

Anonymous   12 November 2009 at 13:38

PUNISHMENT

Dear expert.,

by ignorance of existance of cyber law., if crime happens.( like sending harrasment mail for one week)

what is punishment at first instance and on repetition of crime.

Silabhadra Sastry Advocate   12 November 2009 at 12:46

Dipencing Personal Appearance of The Accused in Criminal Cou

Hi Friends I am Silabhadra Sastry,Advocate,Bhubaneswar.I need one citation / decision preferably of Supreme Court of India, on the subject of refusing to Dispence Personal Appearance of the Accused U/s 205 0f Cr.P.C. as the cognizance has been taken against the accused u/s 420,468 and 471 Of IPC. The petiton is not to be aloowed as the accused has involvment in cheating of Lakhs of rupees being a company's Senior executive and on only ground that he is a busy functionary of the company and moving frequently out side,though his offfice is close to court who summoned him to appear in person.urgently I need some citations on today.regards S.Sastry

Anonymous   12 November 2009 at 12:15

One-sided divorce petition

Due to valid reasons, I've submitted at the family court a petition for availing divorce - on grounds of cruelty.Its been 2.5 years since we got married. got a 1.5 year old child too. are christians. due to differences between us my wife has filed a false criminal case against me accusing me/my parents on grounds of dowry-torture. she stated formally and on paper that although i've been given 25 lakhs as gift/stridhan, im torturing her asking for more money. whereas in reality what she brought from her side was only 10 lakhs, out of which we bought 4.5 lakhs worth gold for her and most of the remaining cash has been invested in securities on her name, and i never tortured her on the suggested grounds. im working abroad. she is currently staying at my father's house (bought by him on his name)- now 1 year. she got a court order (interim) prohibiting us from entering/dispossessing this house. Apparently, she is not complying for a compromise outside the court. they are taking revenge. their intention is to give me/us trouble and anguish.

now here are the queries:

1. if i consistently stick to my need to get divorce, will i eventually win the case overcoming her defences? or will i be denied divorce because she is able to fabricate stories?

2. Does her false claim of stridhan/gift stand as valid and true before the court? there's no proof for any sort of transaction.

3. What would be the maximum compensation which i might end up paying? My net worth is perhaps 8 lakhs only, plus a car which is on my name, some furniture that i bought and the salary being earned currently. every other thing is on my father's name. Pls note that she is trying to claim her right on each and everything including the house that my father owns.

4. Does it stand as valid and standing before the court any of her/our child's claim on my fathers/my property now or in the future before/after divorce?

5. How long does it normally take to resolve similar cases? please give me a rough idea.

6. i'm hoping for clear cut answers/ideas - at the least brief replies to each query.

many thanks

Anonymous   12 November 2009 at 12:14

One-sided divorce petition

Due to valid reasons, I've submitted at the family court a petition for availing divorce - on grounds of cruelty.Its been 2.5 years since we got married. got a 1.5 year old child too. are christians. due to differences between us my wife has filed a false criminal case against me accusing me/my parents on grounds of dowry-torture. she stated formally and on paper that although i've been given 25 lakhs as gift/stridhan, im torturing her asking for more money. whereas in reality what she brought from her side was only 10 lakhs, out of which we bought 4.5 lakhs worth gold for her and most of the remaining cash has been invested in securities on her name, and i never tortured her on the suggested grounds. im working abroad. she is currently staying at my father's house (bought by him on his name)- now 1 year. she got a court order (interim) prohibiting us from entering/dispossessing this house. Apparently, she is not complying for a compromise outside the court. they are taking revenge. their intention is to give me/us trouble and anguish.

now here are the queries:

1. if i consistently stick to my need to get divorce, will i eventually win the case overcoming her defences? or will i be denied divorce because she is able to fabricate stories?

2. Does her false claim of stridhan/gift stand as valid and true before the court? there's no proof for any sort of transaction.

3. What would be the maximum compensation which i might end up paying? My net worth is perhaps 8 lakhs only, plus a car which is on my name, some furniture that i bought and the salary being earned currently. every other thing is on my father's name. Pls note that she is trying to claim her right on each and everything including the house that my father owns.

4. Does it stand as valid and standing before the court any of her/our child's claim on my fathers/my property now or in the future before/after divorce?

5. How long does it normally take to resolve similar cases? please give me a rough idea.

6. i'm hoping for clear cut answers/ideas - at the least brief replies to each query.

many thanks

Anonymous   12 November 2009 at 11:16

regarding cheque dishouring

dear sir
a company give a legal notice on 19.11.2008 of 138 of nia act.tii date i cant reviced any notice or warrent from the court. what is the procedure of 138 nia act. by some person i hearid the compilent is dissmissed by the court on the ground non apperence. what is the next step takan by the company . cheque is dishonored 10.10.2008 with remaks account closed

Anonymous   12 November 2009 at 11:05

Bank loan-Guarantor

Dear Experts of L C I,

I was a Director( Not Active ) and Guarantor of a loan obtained by a person (A FRIEND)for an industry( In the year 1990). ultimately industry is closed and the Financial institute taken over the industry and auctioned the same ( May be 5 years back). Frankly i did not know all these. And suddenly they started issuing me notices saying some more amount is due, and MD and other Directors are not traceable;and Personals from Financial institute came to my House, Forcibly taken a Check for Rs. 5000.00 ( on 10-11-2007).

Kindly advice me the action to be taken in the regard.

With regards.

Anonymous   12 November 2009 at 10:35

CYBER DEFAMATION

Hi, I will explain a situation. The first email is being sent out by my cousin sister, who has got married to my cousin brother and my cousin sister has vexed out with the attitude and behaviour of my cousin brother and has come back to her home and now not living with my cousin brother. As our family is being relative to both of them, we wanted them to mutually settle and make them live together, however, my cousin sister is not ready to live with my cousin brother. Even though both have flaws on themselves, they are pointing out each other and my cousin brother has filed a petition in court for reunion, however, my sister is not ready to live with him.Already 4 hearings have passed away and they are not living together for nearly 10 months. In between my cousin brothers mother called up my father and has used oral words defaming my family by connecting my mother with my cousin sisters father, which we got really annoyed as my cousin brothers family thought that we are the family who are stopping my cousin sister from living with my cousing brother, which is really untrue. This made me worry and they have started to propogate this to all my family members, which really made me annoyed and I sent an email to my family members ( Forwarding my cousin sister email addressed to my cousin brother telling that she got vexed living with my cousin brother in just 45 days of her married life ), along with I mentioned few points where my cousin brothers mom has behaved very badly and I have asked some questions about my cousin brother and about cousin brothers mom like loose legs, not having guts, stupid, etc, however, I havent used any unparlimentary words. My cousin brothers mom, after 1 month, took this to police station stating cyber crime and called me for an enquiry and this got mutually settled by asking apologies. Now , after 5 months, again, my cousin brother mom has sent me a legal notice stating that its a defamation. My questions are now is :

1. Will this become double jeopardy ? but there is no proof with me that we have went to police station for enquiry

2. Will this be a defamation as even though everything I did in good faith, asking my family members to advice my cousin brothers family as they started speaking volgourily to my father orally ( no proof ) but its true, but they have the copy of letter which I have sent to my family members, where I have addressed to my cousin brother and cousin brothers dad and marking bcc to all my family members, where I have even stated that I marking all you in bcc as I dont want to spoil your relationships with my cousin brothers family.

3. What are all the points I could state from my side ?

4. Is it worth for me to put a defamation case against them ?

5. They are now asking for 11 lakhs as they are stating that this has caused an irrepairable loss for them. What can i do now. advice me on this asap !

6. When we requested police to provide the copy of the apology letter, they are stating that without consent of my aunt they wont give it. When I requested to provide the apology letter given by me they are saying that it has been sent to AC office.

7.Will this letter help me in anyway. If yes, how can I get it.

8. Will this be a double jeopardy as the first they called for police enquiry and mutually got settled and now they are sending us a legal notice after 5 months ?

Give me points if possible.. Many thanks in advance, Best Regards...


Gopal Ranjan Panigrahi   12 November 2009 at 10:27

Banking Law

Can property in name of HUF be kept as equitable mortgage in banks.If yes ,whether mortgage deed is to be signed by all HUF members ? What extra documentation is required apart from normal mortgage procedure?