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pritesh   08 February 2017 at 10:54

Filed mutual concert divorcee case

Dear expert I have filled mutual concert divorcee petition in Mumbai court on 23 may 2016 due to some reason opposite party was not coming now they r ready to go with process again will my LD no. Will be still available so I can get date for address verification or I have to start from scratch .pls. Guide

kankit kumar   08 February 2017 at 10:24

relieving and experience letter

Dear Experts,
After resign My company is not giving experience letter and relieving letter they said it is not in company policy. But new employer is demanding the experience and relieving letter. Pls tell me can i intiate any legal against my previous employer not to provide relieving & experience letter.

Pls reply...

Regds
Kankit


Arindam Saha   08 February 2017 at 09:00

Neighbour torturing us so that we leave our flat

This is Arindam Saha from Kolkata, Belgharia, N 24 Pgs. We have been victim of the neighbour violence Since 2002. We live in an apartment, 4th floor. The neighbour Mr. Khagen Patra, his wife Geeta Patra and her daughter Sonali Patra have been trying very hard so that we leave our flat behind and they would acquire the flat.

They throw their garbage, dusts, scale of fish etc. etc. at our doorstep. when my mother tried to protest for the first time in 2002, Khagen Patra came right at us holding a chappal to slap us with that continuing with verbal abuse. That was the start of the conflict. There have been many incidents over these 15 years. We got beaten by them many times, police complaint didn't help because Khagen's daughter was married to a man whose father probably had a high rank in police. Now whenever we file a complaint to police, they say they will come to look but they don't.

Now The club association helped us initially but later got bribed by Khagen Patra and stopped helping us giving excuses. Now Khagen has also threatens to kill us. Khagen and her daughter have links in different political parties and probably have their support. So they are not afraid of anything. A lot of people really know their real faces...and lot of people don't. Even other inhabitants of this apartment building are not sure whom to believe...us or them?

The promoter / builder depleted all his money and couldn't complete the project. So the apartment building is unfinished. And as per the Agreement we can't sell this flat to anyone until the project is finished.

I'm studying Management which require concentration which I can't have in this situation. I do a part time job also at morning which is constantly being interrupted by these incidents. My mother has high blood pressure. My father has high blood sugar. We are simple people trying to be happy and Khagen and his family wants us dead or something. They had a son who was good named Soumen Patra. . He used to protest against their parents' criminal activities. But he died few years ago.

Now what should we do?? Please help us. I'll upload some photos later if I can...so that you can see what kind of things they are doing

Mani bharathi   08 February 2017 at 07:17

Survey number change

My father gave me 15cent land as family settlement when I try to change patta i found survey number is wrong my father expired before 2 years and I have no parent document on the survey number i use. If I see ec or patta i found anonymous names not my father name. I am using the Land my father is buried in that land only. Is there any possibility to claim for real survey number?

Sanjeev   08 February 2017 at 01:52

Sec. 138,ni act. what is the procedure of bail ?

Sec. 138, N.I.Act.
(False,Fabricated & Harrassment Case)

Mr.X is the Defendant. lost a case in MM court. Got time of 1 month (Same time & from same court) to get bail & released from the same Court.

Mr. X Filled CRA in ADJ Court. Got Dismissed. ADJ Sent him to Jail. Directly without giving him time to get the bail or to file a CRR in High Court.

All I know in N.I Act cases MM court gives 1 Month time to file CRA in Sessions Court & release the accused.

ADJ Court give 3 months time to file CRR in High Court & release the accused.

High Court gives 3 Months time to file SLP in Supreme Court & release the accused.


My question is :

1) What is the procedure & Time, court give to get the bail in Sec. 138 NI Act cases. ?

2) Isn't ADJ gives 3 months time to get bail from the High Court in Sec. 138 cases & release the accused on the bail same time if accused wants to challange the order passed by the ADJ?


Regards

SG

Aaarrvveee   07 February 2017 at 23:46

Adoption, succession

"A", a Hindu and "B", a Christian married under Special Marriage Act, 1954.

"A", proposed to adopt a girl child "C" one year old, who was his own sister’s daughter and she was already having two daughters and "B" reluctantly agreed for it.

post-adoption, B was very much particular that they should have a child of their own genes. Couple planned to have a child through surrogacy. "D" Boy child was born

A, died in an accident.

Grandfather filed a suit on behalf of his grand-daughter,"C" , for a share in "A" property in the District Court and for a declaration that D is not entitled to any share in his father’s property as he is neither the natural or adopted son of "A".

The court held that there was a valid adoption and the adopted child, "C", would be entitled to a share in A’s property as
"A" was entitled to adopt as per Hindu Adoptions and Maintenance Act, 1956 and his Christian wife’s consent was irrelevant as per proviso to S.7 of the said Act.

We have to file an appeal, challenging the validity of adoption.

As marriage was performed under Special Marriage Act, 1954, Whether "A" had right of adoption under HAMA.

Whether the consent of "Wife" necessary?

there is no adoption deed.

Whether "D" born through surrogacy has the same rights available to a natural born child.

As marriage was performed under Special Marriage Act, 1954 the succession will be under Indian Succession Act as per sec 21.

As Indian Succession Act, recognize consanguinity, whether adopted child has any right in the property?

Any relevant citations will be helpful.

Thanks in advance.

Goapl Garg   07 February 2017 at 21:54

Criminal revision petition before dj

आदरणीय श्रीमान,
मेरे अपने भाई ने हमारे परिवार की एक पैतृक व् अविभाजित सम्पति (जिसमे करीब ८-१० हिस्सेदार हैं) मेरी इजाजत, जानकारी व् किसी भी प्रकार के पोवेरनामे के बैगर मेरे नाम का इस्तमाल करते हुए, मुझे उक्त सम्पति का अकेला मालिक दर्शाते हुए व् खुद को मेरा अटर्नी बताते हुए किसी बहु-माफिया को बिक्री कर पैसे ले लिए व् कब्ज़ा दे दिया। उक्त सम्पति मेरे पैतृक गाँव में थी। जानकारी मिलाने पर मैंने उक्त दतावेजो को निस्तारण करने की प्रार्थना की व् अन्य सभी हिस्सेदारों की सहमति से दुबारा कागजात बनाने को कहा जिसको नहीं मन गया, फलस्वरूप मुझे पुलिस रिपोर्ट दर्ज करवानी पडी व् मेरा भाई व् करता को गिरफ्तार किया गया व् उनके खिलाफ धारा ४२०-४६७-४६८-४७१-१२०बी तहत चालान पेश किया गया व् मुंसिफ मजिस्ट्रेट ने उक्त आरोप निर्धारित कर ट्रायल शुरू कर दी। लेकिन पुलिस की सभी कोशिशो के बावजूद फर्जी विक्रेता व् करता ने आसक कागजात पुलिस को नहीं दिए व् खो जाने का बहना किया, लेकिन पुलिस ने नोटरी को बुला कर उसके रजिस्टर की सत्यापित नकल प्राप्त की व् नोटरी को साक्षी बनाया तथा धरा २०१ भी लगाईं। अब दोनों आरोपियों ने जिला जज के पास रिवीजन लगाईं हुयी है व् उनके वकीलजी ने यह दलील पेश की है कि पत्रावली में मूल साक्ष्य तो मौजूद है ही नहीं अत: चार्ज खारिज किये जाय।

श्रीमानजी, कृपया इस प्रकरण में रिवीजन के खारिज होने के कितनी संभावना है और असली दस्तावेज के स्थान पर नोटरी रजिस्टर की सत्यापित कॉपी व् नोटरी का साक्ष्य कितना वजन रखता है ? कृपया बताने की कृपा करे।

Manisha Rana   07 February 2017 at 19:32

Divorce

Hello sir/madam.My brothers wife eloped with her paramour and suddenly appeared after one month in the Police station. She wanted divorce to live with her boyfriend.And accepted the same in front of the judge.but a day before the judgement her brothers managed to kidnap her and then forced her to change her statement and she too did the same showing her willingness to live with my brother.Her earlier statement to live with her boyfriend was recorded and she was denied of any maintenance. But the judgement for divorce is still not given and it's been more than 3 years that my parents are waiting for the judgement. My father is very old and the lawyer is also lingering on the case.please help .ur kind advice will be a ray of hope for us.
Regards
Manisha

Manisha Rana   07 February 2017 at 19:27

Divorce

Hello sir/madam.My brothers wife eloped with her paramour and suddenly appeared after one month in the Police station. She wanted divorce to live with her boyfriend.And accepted the same in front of the judge.but a day before the judgement her brothers managed to kidnap her and then forced her to change her statement and she too did the same showing her willingness to live with my brother.Her earlier statement to live with her boyfriend was recorded and she was denied of any maintenance. But the judgement for divorce is still not given and it's been more than 3 years that my parents are waiting for the judgement. My father is very old and the lawyer is also lingering on the case.please help .ur kind advice will be a ray of hope for us.

sampat mane   07 February 2017 at 18:00

Huf partition related querry

We are four brothers and two sisters.
My father (a hindu) left some property without any will.
All have given me Power of Attorney for this property after my facthers death to maintain the property and my mother was alive tll jan 2016.
Till date I am the holder of Power Attorney on behalf of brother and sisters and mother.
In Jan 2016 my mother died and now all are harrassing me for partition of Property which I am OK. My querry is : 1. Can they ask for share for the past income as I have expended in maintaining the property, my mother and fathers illness and oldage expenses. and none have contributed in the above expenses. 2. As the Power of Attorney is registered I am planning to develop this property by putting income generated from this property and putting my income too without anyones help. What is status after development? Can I ask the claim for the expenses in development and my efforts ( they want share in income but not ready to bear the expenses) 3. All want an NOC from me to change the name in the electric bill (as it is in my name ). This property being my facthers / monthers property. 4. No partition is happened till date nor my father/mother was willing to do so despite repeated pleas from all.
5. What will be the best way to resolve in case any dispute arise.

Sampat Mane
7498330809
sampatmane@yahoo.com