inderjeet
05 August 2017 at 18:20
Two civil cases are pending in different court on same date. To avoid the case not to be dismiss in default what remedy is available.
V.N.K. MENON
05 August 2017 at 18:15
I SHALL BE MUCH THANKFUL FOR THE COLLECTIVE WISDOM AND OPINION OF THE FORUM EXPERTS IN THE FOLLOWING MATTER:
(1) Background: A case u/s 12 PWDV Act had been filed by my son’s wife interalia u/s S-125 CrPC and also 498A. Whereas there was no domestic relationship for more than one year from 02.05.2015 [there is PCR report that she was not allowed to go to sasural] when the said D/V case was filed on 30.11.2016 CLEARLY TO EXTORT MONEY.
(2) I am R-3 in case and summons had been issued to me. The case is in Misc. appearance and is listed in November 2017.
(3) Relying upon various decisions of High Courts, I want to file Petition for quashing the D/V complaint. Most important judgmement was delivered by the Hon’ble Apex Court as follows:
Criminal Appeal No. 1635 of 2011, Inderjit Singh Grewal vs. State of Punjab & Anr., DOJ: 23 August 2011. Para-24 is reproduced below:
QUOTE
24. ….. in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
XXXXXXXX
26. Petition filed by the appellant under Section 482 Cr.P.C. is allowed. Complaint No. 87/02/09 pending before the Magistrate, Jalandhar and all orders passed therein are quashed.
UNQUOTE
The question is: whom all I should make Opposite Parties in Memo of Parties in High Court.?>
Myself … Petitioiner.
vs.
1. A
2. B … Respondents.
3. MM, Mahila Court …. Proforma Respondent
Anonymous
05 August 2017 at 17:31
Dear Sir,
I am working in a company in Jalandhar. Our sales manager sometimes misbehave with his subordinates with vulgar language, sometimes he give jolt or even give a slap to his juniors. His juniors dont take any action against him, as they want to save their job. i have query with experts:-
1) where can we file complaint against him (labour court or session court).
2) cctv footage is sufficant proof or we have to collect some more prooofs.
3) what kind of punishment, he can face if we prove it by cctv footage.
Please suggest
Thanks in advance
Amit Kumar
aananth
05 August 2017 at 16:22
Dear Expert
Promissory Note and bill of exchange:
Kindly clarify whether it has to handwritten or typed, can write in any one of Indian languages, and stamp value.
For International Credit and debit transfers which governing Indian Law is applicable?
Thanking you
nizam shaikh
05 August 2017 at 15:26
Dear all
My first wife had filed a false case against me. She is in U.P. state and i am in mumbai.so my querry is.. she can forcefully enter in my house even if case is still going on in UP STATE.
Kindly please reply
Thanks
Ayan
05 August 2017 at 14:01
1)12 years rent not paid by tenant ,but tenant claim that he has paid till current month but land lord has not issued receipt.so tenant have no paper .Is it considerable by court ? Can landlord claim all pending rent with interest ?
2)Now, tenant has appeal to court that he want to diposite rent from current month.As the rent was agreed in 2005 , now 2017.Can land lord ask to calculate standrad rent ,then allow to diposit in court only?
3)As without rent , Land lord have taken no legal action , will there be any hardship for landlord to fight the case ?
4)One of the daughter and her husband is unemployed.Landlord want to give the shop to them and make them established.Is this a valid ground for evition?
LALJI PATEL
05 August 2017 at 13:39
Dear Experts,
My wife was involved in sex activity in other person before one year. I have audio record of performing sex activity in my home.
My question much audio recording is valid as a proof in this situation..
Lalji Patel.
rajesh gandla
05 August 2017 at 13:25
Very Good Afternoon,
I am Rajesh my grand father Mr. A (died in 2004) has written a will. He has one son Mr.B and Mr.B has 3 sons(2 of them married) and 3 daughters all are married. Mr.A has written a will stating all his properties, lands and bank deposits should be distributed equally among the son and 3 grand sons.
My query is, the daughters of Mr.B does still have any right in the grand father ancestor property even though Mr. A has clearly written a will? Kindly advice.
Saurav
05 August 2017 at 13:15
Need divorce
Hi I got married in December 2016, right after a week I started facing issues with my wife .
1. Just after 2 days of marriage my mother in law sent a prescription of psychatrist to me on Whatsapp which was 6 days old Stating she has some issues and do not stay happy .
2. I never mistreated her, she started fighting over trivial issues , and went to home after a month
3. I tried to support her and took her back . I have WhatsApp chats of that time where it is clear she made issues out of nothing
4 I took her to a Dr in my town and he said that she has some issues and has a negative attitude
5 my family supported me in this issues but she didn't change a bit . She started threatening me with suicide etc .
6. On small issues one day she ran away from home
7 . I tried to talk to her family but instead they blamed me and my family and indirectly threatened me with dowry case
8. Finally in her absence I filed judicial separation
9 She came home with 7 people from her family and we had fights and they clearly threatened with fake dowry and dv case. Both went to nearest police station . They tried to file fake complaint but it didn't work. She went back to her town and filed fake complaint of dowry and dv against me and family . And filed the crpc 125 stating dowry and dv against her and stating she gave huge money during marriage which is baseless and I can easily prove it wrong
I don't wanna ruin my life with her .I spoke of divorce through mutual consent but they asked for huge alimony
I want divorce . Please guide what can be done further
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My wife put me and my family in the false case of 498A
Hello Respected Advisors!!!
Am a working professional in Marketing segment and I got married in 27 September 2015.
In the very few days my wife shown her inferior nature and bad behaviour towards me and my family even from the first day I lived separately from my family. She used to do many acts as not preparing food and doing any household work as she justified that she is a working women that's why she becomes tired of working everyday. She always combined her mother in her plans and actually those tactics were designed by her mother in her mind, so gradually she shown me actually what she was.
She put a case against me and my mother, my eldest brother who is in Dubai and working there and his wife means my bhabi, as well as my college classmate who used to study with me.
In the first quarter of 2016 she completely ruined the material situation from bad into worse. And most often she used to leave my house for many many days and many times in a month even, and her family pressurized me to bring along with me everytime, and entire family is culprit but mainly her mother and she herself.
In August 2016 she left me home, and after completion of one month at her mother's house, she ask my family to gather your relatives for a finalization, as a matter of fact I was living alone and she had already created a situation that nobody wanted to keep relation with me, I decided to face them all.
I never feared of her family of members so they planned to meet me and as per there final decision I agreed to bring her back in couple of weeks as they shown the same interest.
When the September came nobody called me up to ask me bring her back instead of that they file a complaint against me, and very at the moment I got my Dubai visa done which I could not refuse to go. So I went to duabi, and then my friend called me and told me about the situation, because of the new job my company hold my pasport and could not allow me back to my country, and i directed to� my friend I'm lawyer to get anticipatory bail, which was granted, and after completing my 6 months I also came back and got anticipatory conditional bail of promising that I have to submit my passport to the police officer on courts order.
In the span of time I had been in Dubai I had few of the talks with my wife in which she shown her interest to come to Dubai and she sent me her scanned passport copy as well which became the ground of the anticitpatory bail as i had succeeded to show court that Am in talks with her perfectly.
So, when I applied anticipatory bail to the court, court asked me several facts and the complaints about everything as well, on those facts when judge got a perfw t idea that I have been tried to trap smartly he grant me conditional bail that i,have to submit my passport to the IO being appointed. Because of the thing that when I went away from India I could not joined the investigation for 90 days or so in caw cell, judge ordered to investigate the case and said if IO feels the need to arrest he can by serving a 5 days notice prior to manhandle.
The passport is submitted to the IO and I forget to tell that when I left India my friends got me bedakhal from my mother and her her property which is rightly named on her, and I had submitted the rent agreement where I used to live.
Main Allegations are: drinker , extra marital affairs, already married to her college mate having one kid, am a supplier of call girls cum pimp, my mother and my brothers wife harshly and ruthlessly beaten her up in demand of dowry.
And so on.
Now I want to ask do u have right to get back my passport and also can I go out of India for livelihood.
Please advise