CHARAN SINGH
13 January 2016 at 23:33
My wife was in prostitution before marriage with me. I came to know about this after ten years of our marriage. On this, my wife left her matrimonial home in my absence and gave complaint u/s 498A to Delhi Police Crime Against Woman cell. I gave an affidavit in CAW cell giving names, addresses of customers of my wife stating that she is a prostitute and she has lodged a false complaint but SI and Additional DCP did not read the file and ordered for F.I.R. A case was registered against me and my other eight family members. After thirteen years, the case is in initial proceedings recording the statement of my wife. Now, I got several photographs and video films of my wife doing prostitution with many persons. If I submit all these films and photographs in the court, whether my case will be closed or whether any relief will be granted to me by the court?
Anonymous
13 January 2016 at 22:35
wheather suit for recovery or for redemption of money mortgaged can be filed against the auction purchaser or bonafide purchaser after confirmation of sale and in posession?
If yes then what is the limitation?
The money in question was given to the owner of property which was given to auction purchaser in sale from bank and the purchaser was not aware about that mortgage and now what is the liability of auction purchaser over that money?
Soumya
13 January 2016 at 22:04
I have taken a loan for buying a flat. But the bank did not take any deeds as mortgage. The bank only has an agreement with me for the loan. In the meanwhile I have sold the flat and it got registered to the buyer. Now the bank has given a notice to me for possesion under Sarfaesi Act. Do i need to worry ?
raj
13 January 2016 at 22:02
Mere apartment ka frunt ka pillar apne aap crack ho gaya hey or flat walon ne dekha k bht ghatiya quality ka material use hua h.
Hm sbne bulder se contact kia k isko maintain karwaye bt usne deny kr dya or kha k flat sell hochuka h ab me kuch b nhi krunga... plz guide us k hm sb kya karey bulider k against
Prashanth
13 January 2016 at 21:53
Recently Tribunal ordered cultivator (tenant) as Owner. Can he sell land within 15 yrs.
virat tiwari
13 January 2016 at 21:51
My friend is a bank officer during one day village pradhan came with account holders for narega payment after payment he asked my friend that please give him few transfer slips so that remaining acc holders can sign the transfer slip at home and transfer money in a single account which can be withdrawn through atm. He gave him transfer slip and asked pradhan to verify and witnesses there signatures and then present to bank. Pradhan did the same and produced the transfer slips to my friend.
He transferred the amount to a single account. But 5 out of 20 transfer slips were fake or fraudulent and amount transferred was recovered back from that single account by calling upon that account holder to respective accounts after the complaints were received. One of the account holder filed a case on pradhan and that particular account holder for rs 3000 fraudulently transferred.
my question is that is my friend could be guilty in eyes of law and if yes what could be his punishment
rajesh karnik
13 January 2016 at 21:41
Respected Sir,
Defendant has filed notice of motion to frame preliminary issue under section 9A of CPC & I have file reply to it on next date.
9A says that after filling application under 9A, all other proceeding in suit are stayed.
Can I apply to the court for amendment of plaint before filing reply to the notice of motion ?
Thanking you.
rajesh karnik
13 January 2016 at 21:38
Respected Sir,
the Division Bench of supreme court while interpreting the provisions of 9A of CPC 1908 in Foreshore Cooperative Housing Society Limited vs Praveen D Desai (D) Thr.Lrs. & Ors on 8 April, 2015 held that the
the provision of Section 9A as introduced by (Maharahtra Amendment) Act is mandatory in nature. It is a complete departure from the provisions of Order XIV, Rule 2, C.P.C.
Mr. Nariman, learned senior counsel appearing for the appellant put heavy reliance on the decision in the case of Ramesh B. Desai vs. Bipin Vadilal Mehta, (2006) 5 SCC 638, for the proposition that a plea of limitation cannot be decided as an abstract principle of law divorced from facts as in every case the starting point of limitation has to be ascertained which is entirely a question of fact. A plea of limitation is a mixed question of law and fact. In our considered opinion, in the aforesaid decision this Court was considering the provision of Order XIV Rule 2, CPC. While interpreting the provision of Order XIV Rule 2, this Court was of the view that the issue on limitation, being a mixed question of law and fact is to be decided along with other issues as contemplated under Order XIV, Rule 2, CPC. As discussed above, Section 9A of Maharashtra Amendment Act makes a complete departure from the procedure provided under Order 14, Rule 2, CPC. Section 9A mandates the Court to decide the jurisdiction of the Court before proceeding with the suit and granting interim relief by way of injunction.
However, it is made clear that in other cases where the suits are governed by the provisions of Order XIV Rule 2 CPC, it is the discretion of the court to decide the issue based on law as preliminary issue.
It means that when any objection is taken under 9 - A of cpc which goes to the root of jurisdiction of court, It is mandatory for the court to frame & decide preliminary issue even if it is a mixed question of fact & law ?
Goutam Bhol
13 January 2016 at 20:57
Dear Friends,
I have a specific query that when a christian husband is deserted by his wife for about 2 years can he file a suit for divorce under section 10(1) (ix) of the Divorce Act? There is no other ground for divorce. What is the remedy and procedure?
In case of any further clarification I will do the needful.
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partition u/s 176
Dear
My grand father had 40 bigha land bought through auction in 1980
In 1987 he died and and his successor were my uncle n my father i.e his two sons. Records updated in their name
Now without partition some parts as plots were sold by my father n uncle jointly
Unfortunately my father died and most part were sold by my uncle
After varasat my mom sold some part too of that land
Till now no partition is made all sale was made through a broker who too died
Now most of the part is sold
Most of the land is constructed
My mom sold 20% of land 9only n uncle n his successor 80%
There would be 100+ different people who buy the land
My question
I want partition of it
Some lawyers told me to file u/s 176 n kurra will be made by Lekhpal for it
.i asked Lekhpal he told it will be made of land which is non abaadi ,since most part is constructed it will be difficult to bring it in consideration
I want my fare part . Plz guide me
Thanks n regards in advance