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Anonymous   20 June 2018 at 02:05

Section 498 a and ca act

Hi,

I am an accused in Section 498 A and the case is at BW/NBW stage.
In case I am acquitted and a decree of divorce is accorded by mutual consent, will it have any kind of bearing on the provisions of CA Act.
Will it have any impact in my empanelment as a member of ICAI.

Aditya   20 June 2018 at 01:28

Whom should i approach co-op. court /city civil /high court

I am resident of Mhada colony vikroli (E). There are total 32 tenants in our society , it’s a ground + 3 floor building. Our Managing Committee decided to go for redevelopment and accordingly a developer was appointed in year 2015 . A Development Agreement was signed between Soc. and Developer in year 2015. There was no moment from the developer side for last 2 years , but 2 months back we got a notice for eviction of the flats for redevelopment process . I am not aware of the details what the developer is going to give carpet area /amenities . So I asked the Secretary about the details (Development Agreement + Power of attorney ) signed and given by the Soc . to the developer .
Managing Committee is not ready to give me the details saying that I am not the member of the soc. After death of my father my mother is the owner of the property and she is the member of soc. As per society Record.

So request letter was send to the soc. to provide all those document on behalf of my mother . But now the Managing Committee has come up with new excuse , we cannot provide you the Development Agreement copy since it is confidential . If I am not wrong Co-op Housing soc. has to provide all the document to the members on his/her demand. But still they are not ready to give us those documents…
Builder has already issued a notice to the society members for eviction of the flats 2 weeks back.

Now my question is where can I get relief, should I go to Mhada or should I go to the court for relief .

And in which court Co-operative court / City Civil Court or High Court .
I have already applied for all those documents from the deputy Registrar (Mhada). Registrar has send a notice to the Soc. for those documents . But still the Managing Committee is not ready to give me those documents .

Please give me some guideline.......
Thanks....

Vishal   19 June 2018 at 23:15

Home loan disbursement without my consent

Hello Team,

Recently, when I have reconciled the loan amount disbursed by the bank for my home loan against my records, I could see there was a mis-match. Upon checking with the bank, they said "your account was in NPA status, hence to make this account PA (Performing Asset), we have debited your account ". I have asked them without my consent how can you take action on my account. I have also asked them if the action performed by them falls under any law that governs housing loans / RBI Guidelines. I have not received any response. I guess, the bank is charging interest on the amount that I have not ever given consent to release. Please give your suggestions on my query.

Regards,
Vishal

Sk Rajjak Hossain   19 June 2018 at 22:18

Suggestion required -false and manipulated case

Dear Sir,

Am belongs from Muslim family and doing Corporate job since 2008 and worked with different company, in 2011 my Marriage was solemnized and after 3 months valid Muslim social Marriage was observed with the presence of both the parents. In 2012 a sweet and charming baby girl was born whose current age is 6.6yrs. We had lived near Father-In-law residence but my family was living my parental city which is distance between two town is 150 KM. There are no such relation found between my family members with Us.
In May 2016 Dear wife has filed a false case 498 and other section, against me and my family. Case has filed on court to applied sec 156 but where she living local Police station is too close, we can address as door step. Once this case has filed magistrate has instructed to local PS for investigation the case. IO of this case has submit his statement in court that all the scenarios which has stated by my wife was manipulated and local feedback against me is absolutely good and on the basis of few relationship proof documentations my family members got bail easily. IO also asked to my wife if you have any injury reports please submit this within the 15 days of notice but she has submit a confirmation statement that there are no such injury reports had. After their bail this well planner lady has made a complaint in front of magistrate that the IO has not co-operate with him as this is the case of women so need to appoint lady IO. Court has accept her request and appoint a Lady IO. I was arrested and got a bail after 25days, new IO has submit her charge sheet against us. But final charged yet to fixed of main 498 case.Once my bail has granted by Session Judge, suddenly she has filed a bail Cancellation case against my family members in Session court, which is still is in S/R status since Aug 2016.
On Aug 2016 she has filed Mr case sec 125 which is in evidence stage since Dec 2017 and DV case against me and my family members where she has submit my income proof as alls are offer letter from the company not a appoint letter as well as salary slip, also mention that Haldia Port Trust is self owned company of mine but originally it’s a central Govt enterprise. Another statement is that I have 4 vehicles which is under contractual business with differ company, originally I don’t have any vehicles’. without any notice to us court has passed a interim order as Rs 3000+1000/- Once I have got 1st notice am appear on that DV case and known that order. I have submit written objection as denied all fact and modify the order on basis of originality. JM court has accepted my objection letter and order for hearing.
Then my wife has contacted with me and try to rectify herself but her mother is not agreed to solve the matter amicably. She has faced major illness and Doctor has suggested a operation must be need for remove stones from Gallbladder. I have taken charged and bear all charges to do the operation. After Feb 2017 her advocate not appear in JM court for hearing, only her Haziran has been submit. We are made all notes with JM as Haziran submit but advocate not appear for hearing, any kind of copy not to serve with us. Within this time I have paid 2000 P/M via her Bank account till Jan 2018. Not only cash all types of daily requirements I have booked on online and she has rejected during deliver.
On Feb 2018 She has lodge another case MAT SUIT to take the benefits of Special Marriage Act which is in S/R stage. On March 2018 She has changed her Advocate and lodge another case as CR execution, court want show cause as why am not paying 4000/- monthly which arrears is 60000/- for 15 Months. This case is in S/R stage after 2 notice returned as am not living on the given address. Suddenly the records of this CR EXC case was not found in court’s record room.

Now my enquires is as below :-

1) As the two IOs of this case has submit different statement, should I get the benefits in favors of us.
2) Bail cancellation case’s movement is still zero, and as per record no such error has found for cancellation the given bail, what is best way to proof herself as false case has been lodged
3) In DV case I have demanding as she need to proved her all statements along with my income proof, then whatever the order court will passed I will obeyed. Can court will find the proof and pass the realistic order.
4) In MAT suit I have not appear yet. I am not appear court will pass the order in favor of wife. Also want to wife has any right to lodge Mat Suit.
5) She has lodge Exc case for demanding interim payment whose order copy has not been served yet to us. Should she claimed for 15 Months.
6) If she will eligible for interim maintenance payment, what reason she has managed to escape from this case to hide the case record.
Dear Experts kindly share your valuable inputs on above 6 points.

Ananda Banerjee   19 June 2018 at 20:56

Can i get divorcee

HI,
I am married for last 7 years but till date in between me and my wife never had sex. My wife don't want that. Though she don't has any other relationship. She has no interest about it. For that matter can I file a divorcee? Should I get it?

Joji   19 June 2018 at 17:41

Rectification deed issue

Actually, In my matter.
Point -I 1.
I was purchased forming land from my relatives in Year 2000, Recently we found there is Survey number wrong in Sale deed, We approach to register for rectifying the same & he suggested to do rectification deed with seller.
2. Now the seller is not interested to do rectification deed.What should is do now?.
3. Can i register the same land to my brother as a gift deed. After registering to my brother i would be the 2nd seller.
4. I can i do rectification deed now. or else the 1st seller has to come for rectification deed after selling property to my brother.

Please provide your valuable suggestion.

Member (Account Deleted)   19 June 2018 at 17:29

Meaning of judgement suo motto for reopened for clarificatio

I have filled biagamy case against my husband. Today judgement. But not declared. What they mentioned was as follows
Judgement suo motto reopened for clarification. What does it mean stand for. Y this happening in my case. Almost 5 years over.

Anonymous   19 June 2018 at 17:12

Maintaine

Can a wife claim Maintainence even after getting one time alimony during mutual divorce.

pooja joshi   19 June 2018 at 15:02

Need permission to sell minor property

Dear Sir,
This is with reference to my interest to sell my property after my husbands death, Its long time he died in 2006. Request you to kindly let me know the procedure for the same . I am really in need . Please let me know how can I sell as I need it for her studies and other requirements. I have two daughters . The one is married and I have an RD of my property with her share at my name. I have taken some loans for her marriage. This is one other reason to clear all dues at the earliest
As I am finding it really very difficult now.

Anonymous   19 June 2018 at 11:03

Fake affidavit

Sir,
It is legal to use a stamp paper of back dated issued in 2014 used in 2017 for making affidavit for other party