Anonymous
12 November 2017 at 23:51
Hi i am Rekha. Myself, my mom, my brother, my uncle were falsely implicated in a case for the offenses U/s. 354, 504, 506 by one women and subsequently Chargesheet is submitted before Magistrate court and we have now started receiving Summons from the court for appearance.
While i received this information from police, i have taken anticipatory bail and regular bail is pending.
This women/the complainant who filed this case, has come under instigation of one of our known person and has filed such a case on our family to spite revenge.
Now the terms between the complainant women and the man who forced her to file this complaint are no more in good terms. She has now come forward to compromise the case, as she doesn't want to be involved in this anymore.
Above case is pending before the Magistrate court and i have filed a revision petition before sessions for a discharge and the Magistrate court records are now before sessions judge in the discharge case.
What are the possibilities i have to get this case closed ?
1. Can i get it referred to Lok Adalath and get the case compromised and dispose it off ?
2. Should i file a quashing petition before HC and get it compromised before High Court ?
3. As i have my current discharge case pending before Session Judge, can the complainant come before session Judge and file any kind of Affidavit and request the judge to close the case as compromised ?
4. Or should i get the case charged and get it posted to Evidence and call all the witness for examine and they withdraw their statements and get the case disposed. ??
Kindly suggest which amongst is advisable. No.4 option is slightly complicated, as all the alleged accused persons are scattered to different places and its not possible to secure them and get the case CHARGED. Please Advise.
Many Thanks
Vishal
12 November 2017 at 23:45
Hi All, my name is Vishal.
I have a query on payment of EMIs on illegal floor that is constructed by the builder.
I have purchased a flat in 4th floor in Bangalore. After I got to know that 4th floor is illegal, I stopped playing EMI to a nationalised bank from where I have taken the loan. And have sent multiple emails to the bank and the builder to provide a BBMP approved copy if the floor is a legal one. Both have not replied.Now, the builder is absconding and bank is also not responding properly . The bank has told me that you have requested for the loan and we have given the same to you. You should have checked that issue before purchasing ( Pls note, the bank has charged legal fees for me before proceeding the loan).
So, my query is - Am l still liable to pay EMI if BBMP has not authorized to construct the 4th floor ? And in the absence of 4th floor approval from BBMP, does the bank still holds an authority to auction my incomplete flat as I have not paid EMI from many months?
Srabani
12 November 2017 at 22:52
Hi I have not changed my surname after marriage and have retained my maiden surname.However my husband and his family thinks this may create problem for my future like after child birth as child may have to face compkications in govt organization,schools,education instituitions if the child writes different surname fir father and mother.Owing to the no of women who change their surname after marriage is more than who does not change every one is only warning me not to experiment...please suggest as i am unaware of thd future...
Vengatesh
12 November 2017 at 22:39
In a partition suit where preliminary decree passed and plaintiff's share declared, some defendants remained ex-parte, can the defendants remaining ex-parts file final decree application with court fee
Rakesh
12 November 2017 at 22:18
i have question regarding section 23 of domestic violence act
in the application u/s 12 the victim has asked for relief under section of different relief but she has not asked any maintenance in her application under section 12 of dv act. she asked for medical relief and compensatory of loss. but now after the application of 3 year now she has filed application for interim maintenance. but his final relief is not maintenance. so is it sustainable.
Amit Kumar Pal
12 November 2017 at 21:32
A partner introduce a land (which is registered in his own name)in an unregistered partnership firm as his capital contribution in the notarized partnership deeds(unregistered). By doing this is the land consider as a Firm property or still it would be remaining in his property (as firm and deeds is Unregistered ).
Anup Maity
12 November 2017 at 20:57
We have rented our building with PSU offices(total four offices) . All the offices are tenant since 20-25years having lease deed of 10 year duration and option of 5+5 with 20% increment in rent. One of the lessee didn't want to give market rate rent. Their lease agreement had expired 3 year back, and they want to make new agreement with 100% increment in rent. But, the market rate is equal to 300% of the premises old rent. All the other three offices are paying market rate and had also increased the rent above 300% to give market price at the time of agreement renewal. We make it happen by submitting proof of rent of other offices beside our building and locality.
But one of the lessee doesn't want to give market rate of rent after submitting all the proof of current market rate. So, we have planned to vacate the premises and already given 3 month notice, but we are not getting any response of our notice.
And we are now planning to go legal to evacuate the PSU office from the premises or to get the rent at market rate.
Do legal evacuation process will take long time?
Do the lessee will force to pay market rate (i,e.,300% increment in rent), if they are not willing to vacate the premises?
If they vacate the premises, what rent they will pay on vacation of premises. As 3 years had passed away since agreement expired.
suneetha Jain
12 November 2017 at 20:45
Sir, This query is for Issac Gabriel Sir. "Sir, Because of your advise of Justice Markandey Katju of Sandeep Kumar Case in Supreme Court (Civil Appeal 1430/2007) only, we have started fighting for our case in High Court. Our case is regarding termination from Bank due to non disclosure of pending case at the time of joining the Bank (The case is false case regarding Matrimonial dispute before joining the Bank. The case is settled after joining the Bank in Lok Adalat) Later Avtar Singh Case in Supreme Court also came as a rescue for us. Based on both the cases, we won the case in High Court and the summary of order is as follows."Having regard to the principles laid down above, and since the impugned order appears to have been passed without keeping in mind these principles, I deem it appropriate to set aside the impugned order dt.03-05-2013 and remit the matter back to the 1st respondent to reconsider the issue keeping in mind the principles laid down in the judgment of the Supreme Court in Avtar Singh." But, the Bank did not set aside the termination order given to us dt 03-05-2013 but Bank said " Bank studied the Avtar Singh case according to Judgement and Bank feels that termination order dt 03-05-2013 is correct." Now, My query is Bank did not set aside the termination order. So, Bank feels that it is above law. Bank also feels that it knows law better than Hon'ble Justice. What should I do now?? When a bank does not follow court order, what should we do now??
I request Mr Sudhir Kumar Sir not to respond please. I donot like your attitude. So, Please Please stay away from my queries. Thanks and Regards...
Anonymous
12 November 2017 at 20:44
My friends got married 2 month ago. This was a love marriage hidden from the parents. Under pressure from the parents they now regret the decision taken under emotional stress.
After approaching a lawyer, they were advised to go for an annulment stating.
annulment process take how much time?
there is any other option to canceled register marriage?
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Weekly rest day provisions voilated by employer
In a coal mines under SECL, where Sunday is a declared weekly rest day for all employees, but in practice , management used to put a notice on every Saturday intimating that Sunday will be working day for coal production , this practice is followed,since 26 years I.e. from start of mine. Practically no employee was allowed rest on Sundays,
The employees were paid wages at the rate double to normal working days, for sunday's.
Compensatory weekly day of rest was given on other days of week.
So, employees were getting wages for all days of month, against six days actual weekly working and one day weekly rest,
Mine was also producing coal for all days of a month.
Now, from two months management has closed production on Sundays, employees are not allowed to work on Sundays, this has resulted in loss of salary for one day per week, even when workers are working for same number of days in month as earlier.