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Somnath mukherjee   17 January 2009 at 22:17

criminal miscarriage u/s 312 INDIAN PENAL CODE

PLEASE SEND ME SOME JUDGEMENTS WITH CITATIONS IN WHICH THE COURT PASSED THE AQUITAL ORDER. WHAT IS THE BASIC NEED TO FORM A CHARGE UNDER THIS SECTION.WHETHER THE COURT CAN FORM A CHARGE IN THE FOLLING CASE AS STATED UNDER.
THE VICTIM'S MOTHER FILED A CASE ON APRIL 2007 REGARDING A INCEDENT OF 29/11/2006 AND THE MEDICAL PRESCRIPTION DOESNOT CLEARY SAID THAT WHAT IS THE CAUSE OF MISCARRIAGE AND THRE IS NO HOSPITAL REPORT REGARDING THE INCEDENT.THERE NO F.I.R ON THIS INCEDENT ON THAT DAY AND A GD WAS LODGED ON 16/2/2007.NO INFORMATION WAS SEND TO HUSBAND AT TIME OF THIS MIS CARRIAGE.

Jainodin shaikh   17 January 2009 at 22:04

Ingredients of Dacoity

In a private complaint alleging an offence punishable u/s 395 of I.P.C. is committed by six accused persons; the magistrate issued process u/s 380, 341, 323, 504, 506 r/w 34 of I.P.C. and not u/s 395. Accused persons have given their appearance in the case and the matter is fixed for Evidence Before Charge. I am of the opinion that all the ingredients of secs. 380, 341, 323,34 are sufficient to constitute the offence of Dacoity punishable u/s 395. Now I want to move an application on behalf of the complainant to alter the Charge which can be alter at any stage of proceding. The questions is can I apply for alteration of charge before the stage of E.B.C.?

shashin   17 January 2009 at 19:34

dishonour of cheque

i had fill up my pass book, the balance is Rs. 5500 minimum balace as per rule of bank is rs. 1000. now i had given cheque to lic for premium of rs 2800. after some days i got intimation from lic that your cheque is not honoured due to insufisunt balance. i had approched the bank then find the problem why my cheque is not honoured. the problem was that the person who had mad entry had seen the other a/c no and return my cheque. now lic had made penalty of rs. 100 to me due to dishonour of cheque and say me to pay compulsorily cash for premium. i had paid with rs. 100 of penlty in cash. i had spent two days of time after this.

now dear sir i want your insturctions that which type of legal action can i take against the bank.

Arihant AC   17 January 2009 at 18:03

Bonus Payment

Dear Experts,

Recently The Govt. of India have amended the Payment of Bonus Act, 1965 by an Ordinance issued on 27th October, 2007. A copy of the ordinance in which it is mentioned that With the promulgations of this Ordinance, the salary ceiling has been increased to Rs.10,000/- P.M. The entitlement for calculation of Bonus will be Rs. 3,500/-P.M. effective from 01/04/2006.
In this regards I want to know that if Employee Salary is Rs. 10,000/-P.M. then he is liable for maximum of Rs. 3500/- or Rs. 10,000/- as a Bonus, I am confusing about this.

Regards
NAC

shantilal k. patel   17 January 2009 at 15:09

Whether Chartered Accountant employee in the firm of Chartered Accountantws is entile to G RATUITY?

My question is whether a firm of Chartered Accountans is liable to pay
gratuity to an employee chartered accountant?

I have been told that there is a recent
supreme court jugement, according to it
an employee chartered accountant is not
entilted to GRAUITY.

How to get\read such jugement?

s.k.patel

muthusamy   17 January 2009 at 15:03

Law of will

Sir,

My father in his will which was written in the year 1956 has stated that the properties that he would purchase after writing this "will" will belong to his five sons of his second wife.

He purchased a property in the year 1960 and expired in the year 1961.

I am the third son among those five sons.

My elder brothers approached the court for partition.

I paid the court fee for my 1/5 portion and had prayed for partition.

The lower court rejected the suit by raising a speculation that how could the will state about the schedule property which was purchased in the year 1960. Another reason stated for the rejection of suit is the non inclusion of the son of the father's first wife who is alive.

Is there any law preventing one from writing a clause in the will by which his belongings that he will acquire in future will be bequethed to a person he wants.

The case is now in the high court. Is there any judgement substantiating my claim that in a will the testator can bequeath his properties which he buys during his life time after writing a will to any person whom he wants?.

Is there a necessity to join the son of the first wife in the suit while the will says that the schedule properties will belong the sons of his second wife.

Thanking you in anticipation.




imthiyaz   17 January 2009 at 13:50

Share of orphaned grandchildren



What is the position of Muslim law or Mohameddan law for orphaned granchildren in India ? In case of a Sunni hanafi family..

Here our case it is our grandmothers property in question, She has 1 son who is predeceased with 3 children, and two daughters who survived her?

whether Orphaned grandchildren are entitle for any share in their grand mothers property ? or they are entirely excluded by their aunts ie 2 daughters ?

One advocate told me that In Section 65 in Mullah's principles of Mohameddan law the big bible like book, it has been said that these orphaned grandchildren comes under residuaries hence they will get some share..

But Mohameddan law is not yet codified so where from this section 65 comes in this book and the Orphaned grandchildren are entirely excluded by the surving aunts or uncles.



Please clarify, whether orphaned granchildren gets any share in grandmothers property as per Mohameddan law in India?

esther   17 January 2009 at 11:55

Rights of a daughter in christian family law

Dear sir/madam,iam a daughter,i would like to know what are my rights in the property,earned by my mother,my father is not living with us, though legally not seperated from my mother. At the time of buying the property, she has got the properties registered in her sons [has got 4 sons and three daughters]names,saying that she hates to give anything to daughters.as they are already giving her a burden ,by getting us married,and both off my sisters were married in my mothers presence ,but i had to get out of the house and get married,mine is a love marriage,of course all the others also had a love marriage ,.now im perplexed as what is my position there ,im confused whether to ask or keep quiet.