sajeedrshaikh1
10 October 2016 at 14:30
What is mean by 'Stay' on resident or agriculture property?Can i build construction on this property?
Can i sell this property?
cchs1962
10 October 2016 at 11:23
I would like to have clarification as to the procedure to be followed by the Cooperative Housing Society Management(Under Cooperative Housing Socities Act 1961) in transferring shares in the name of Unsound Mind Person.
My parents both have died and my brother is of Unsound Mind, My parents has made nomination with the society in which My Brother who is of Usound Mind is been held as Nominee and the second nominee name is that of Mine own.
The society management is insisting to produce before them physically my Unsound Mind brother, for the first name as nominee is his name. Kindly let me know what procedure should be followed by me as well as society.
Kumar Doab
10 October 2016 at 11:08
Dear Experts,
I am sharing a recent judgment.
A spoilt honeymoon and subjecting the husband and his family to "worst kind of mental cruelty" by levelling false accusations, have been held as grounds for divorce in a case by the Delhi High Court.
The High Court has dubbed the case as an "exception" in which "the marriage could not take off right from inception" between the couple who were in the age group of 30 plus at the time of marriage and were "quite mature".
IN THE HIGH COURT OF DELHI AT NEW DELHI
MAT.APP.(F.C.) 68/2015
ANU SETH
versus
SUNIL SETH
http://lobis.nic.in/ddir/dhc/PRA/judgement/03-10-2016/PRA30092016MATFC682015.pdf
In the case of arranged marriages where both the spouses are in the age group of 30 plus, honeymoon period is the best time to know, understand and come close to each other. This case is an exception in the sense that just a day after the marriage the parties left for their honeymoon to Shimla and returned with bitter memories and a spoiled honeymoon.
2. Before applying for dissolution of marriage on the ground of cruelty, the respondent/husband has shown exceptional patience in dealing with the problem inspite of facing humiliation and scandalous allegations being made against him and his family members.
3.Before replying the legal notice, again the respondent/husband tried to resolve the issues through their counsel by assuring of a separate accommodation for her on the assurance that none from their respective family would interfere for 5-6 months during that period. Even that did not succeed.
4. When the complaint before CAW Cell was filed on May 26, 2005, the respondent/husband while requesting for a copy of the complaint to properly reply the same the concluding lines written by him are that : ‘I again request the authority to make her understand that marriage is solemnised to form the family and not to destroy the sanskar of marriage please.’
7. The differences started just a day after when the parties went to Shimla for their honeymoon on February 02, 2004. The reasons given by the parties for the unpleasant honeymoon are: (i) As per the respondent/husband, the appellant/wife did not allow him to consummate the marriage and tried her best to avoid him in the process. Not only that, she even threatened to commit suicide if he dare touch her body against her mood, willingness and consent.
31. It is a marriage which could not take off right from inception as the worst kind of mental cruelty was faced by the respondent/husband during his honeymoon and thereafter. All his efforts to save the marriage by arranging various meetings, visiting the parental home of the appellant/wife, agreeing to take a separate accommodation to keep her, statement by the mother-inlaw of the appellant/wife before CAW Cell that let them (parties to the marriage) live happily wherever they want, could not save this marriage. After she left the matrimonial home on April 03, 2004, for the last more than 12 years, she has been litigating not only against her husband and his family members but also do not hesitate to implicate the advocate for her husband in the criminal case as well Sh.Trilochan Singh, a neighbour of her husband.
32. We are of the considered opinion that the conduct of the appellant/wife in the instant case was such that it was not possible for the husband to bear such type of cruelty.
33. The appeal has no merits and the same is hereby dismissed
DOWARKA NATH LOHTIA
10 October 2016 at 10:18
I, along with my other family members had filed –10 , cases against M/s Kassa Finvest pvt limited , new Delhi under section 138,t/w 420 of IPC. The details of the case are as:-
1 M/S Kassa Finvest pvt limited, New Delhi,-- is a broking company authorised by SEBI/NSE/BSE –is authorized to deal on Stock Exchanges to deal in stocks and securities
2 M/S kassa Finvest is a private limited company with shri ASHOK KUMAR as its M.D
3 The share holders of this company are either family members of Ashok kumar, or companies form by him and his Son—were they are directors.
4 Wife of Mr Ashok kumar holds 54 % of shares while Ashok holds 5 % shares
5 I ,along with my family had a lot a stocks in our name with national stock holding, through M/s ALANKIT ASSIGNMENT , New Delhi.
6 We had been doing selling/purchasing of stocks and securities through various brokers since 1972 onward and had accommulated a good holding
7 M/S kassa approached me for with a proposal that I trade through Kassa Finvest. And offered to provide me/us trading facilities , without going through the daily/periodically exercise of making payments for our purchase/sale ---in forward trading provided we transfer our stock to his trading account---toward MARGIN MONEY..
8 He informed that our stocks will be safe as NO BROKER, call sell/dispose of our stocks---kept as margin, without our permission, as per SEBI/NSE R &R. This is legally permitted by SEBI/NSE.
9 I checked with other brokers and found and found out that this is correct band hence we transferred our stocks to his trading Account-----against which NSE is fixing his trading limits
10 NSE carries out regular check , for fixing his trading limits as well as period AUDITS to ensure safety of clients interest to ensure that there is no misappropriation by broker/s against the investors interests.
11 In July /Sept 2014,We came to know that a few complaints have been filed by investors for irregularities committed by broker, base on these complaints NSE closed broker’s terminal toward end Nov 2015
12 We approached Kassa either to return our stocks or pay us the market value of our stocks.
13 M/S Kassa Gave us chque/s –10 No , in first week of Dec 2014 , dtd 15-1-2015. , on the promise that – the cheque/s will be enchased after 15-1-2015, when he will be receiving funds from his oversea partner.
14 After 15-1-2015, We have been meeting ASHOK to find out the availability of funds for honouring his cheque commitment. But every time he requested us to wait for few days more.
15 After being fed up with his false promises we presented the cheque/s through our banker on 6-4-2015
16 The cheques were dishonoured on the ground that the “ACCOUNT IS BLOCKED”
17 It is learnet that , on the basis of various complaints received by SEBI---about 450 or so, SEBI, by it’s INTERIM order dated 19-3-2015 had BLOCKED his account ---based on criminallties committed by broker who had committed FRAUD on investors, INCLUDING HIS SON AND WIFE----COPY of interim order is available on net.
18 Since the cheques were issue much earlier on dated 15-1-2015---much earlier than BLOCKING of his ACCOUNT BY SEBI ON 19-3-2015., the cheque/s could not be encashed DUE NON AVAILABILITY OF SUSSICENT FUNDS” in the account
19 Had there been sufficient funds we would ha be presenter and encashed the cheques on 15-1-2015 itself.
20 WE had no control over the availably of funds in his account to meet his commitment.
21 We gave him a notice and then file case under section 138.’
22 At the initial stage it self, even before the framing of charges,--no written reply being submitted by the accused. The case was argued by accused, and had been” Dismissed”
23 The cases quoted by accused in his support are of Delhi H/and Apex court are
a) ONKAR NATH GOENKA vs GUJARAT LEASE FINANCE LTD –DCR 2010-1-328
b) KUSUM INGOT S & ALLOYS VS PENNER PETERSON SECURITIES AND OTHERS(2002)2SCC
c) VIJAY CHAUSHARY VS GYAN CHAND OF DELHI HIGH COURT.
We have applied for certified copies of order of MM
In the meanwhile we seek your learned opinion.
1 As the cheques were issued much earlier dated 15-1-2015 than the date of blocking of account on 19-03-2015, can we go for appeal as complainant has no control over blocking of his a/c.
2 As in case of cheque bouncing for insufficient funds ,the purpose of serving notice to accused to make payment within 15 days,clearly spells out that if sufficient amount is t available in a/c,the accuse shud make arrangement for meeting commitment either by depositing fund in a/c or make payments otherwise,from other sources.similarly in case of blocked a/c the accused has to prove that he had sufficient funds to meet commitment or make arrangements for payments.
3 Since the order is passed by MM,Tis Hazari, New Delhi , what is the appropriate court to file appeal
4 Are there any chances to win---probability?
5 Can you suggest any good lawyer At DELHI , who had dealt with similar cases and won, whom we can approach an consult to file the case
6 Can a few judgements of APEX COURT/HIGH COURT(specially DIVISION/FULL BANCH) uploading crimality u/s 138 admitting prosecution even if ACCOUNT IS BLOCKED be made available for ready reference.
Since we will be getting certified copy very soon, we will appreciate your response at the earliest, so we can start prepaing case well before the dead line.
Mahesh Talreja
10 October 2016 at 09:59
One lady has filed false Complaint of Theft against me and my brother in Police station of Navi Mumbai jurisdiction. The lady was leave & licence holder of a commercial property owned by us. She stopped paying licence fees and never paid any licence fee on time. We gave her notice of vacation of premises. Post that she complained to local police station about theft. Police have unofficially informed me that their investigation has found the complaint to be false. What should I do to further safeguard against the said complaint and how should I ensure legal punishment to the lady for her false complaint??
V.N.K. MENON
10 October 2016 at 09:35
I am not able to locate the string by which I had made a query on the subject matter. Sorry for the same.
Now I have seen a copy of FIR which also contains more wild and unsubstantiated allegations. Can false FIR be a ground to file criminal case based on subject matter, please.
V.N.K. MENON
10 October 2016 at 08:20
I am caught in a absolutely false DV case and guidance will be of immense use to me to retaliate in all possible ways.
My son's wife had filed the matter in the CAW Cell. Their sole aim is to extort money the marriage being a trap by concealing the fact that she has been having mental problem. I also have a PCR call record [obtained through RTI route] that she has been kept locked by her parents and was not allowed to go to sasural.
She was indoctrinated and later she joined the conspiracy with her parents. .
The query is WHAT WOULD BE THE PROSPECT OF FILING A CRIMINAL DEFAMATION CASE ON THE BASIS OF BASELESS AND WILD ALLEGATIONS AND RUBBISH THINGS MENTIONED IN THE COMPLAINT TO C.A.W CELL AND ON THE BASIS OF WHICH A F.I.R. WAS FILED BY HER.
I AM INDEED GRATEFUL FOR VALUABLE GUIDANCE RECEIVED FROM l/C IN THE PAST.
rajan chopra
10 October 2016 at 07:56
Sir in a suit for recovery being filed by me I have also filed an application u/o 38 rule 5 C.P.C and as the defendant declared exparte the judgement in the suit was pronounced in my favour and order in the application was passed on the same date and I applied for the copies of the same for execution.I received the copy of judgement and the copy of order in application was refused for reason that since the application was filed for attachment of property before judgement and the judgement and order were passed on same date and thus as the order was not passed before judgement hence technically wrong and it can not be executed as they have not any proforma of order after judgement but order before judgement.Now what should I do as the defendant is bent upon to dispose of his property ?
Anonymous
10 October 2016 at 01:55
My query is: "In the event of second marriage, Can a woman get maintenance/alimony U/s 125 C-rpc who has already received 2.5 Lakhs rupees from her ex-husband (1st marriage) as per her mutual consent divorce decree with 1st husband?
MY POINT IS: Can this decree be used as an evidence that she has got 2.5lakh rupees and hence she is capable of looking after herself?
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Car accident
My son was driving was driving a car at a speed of 20 Kms near a turning point. There were 2 women & man on the side. Suddenly, this man fell on the car, breaking his foot. Women did not have a scratch, as they were 5 to 6 ft. away from the car.But as you know, the police slapped 279, 337, 338 on my son.
Please help me & suggest what should be our presentation in the court, as the car was faraway from running at rash, negligent manner so as to endanger the human life