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indranil bhattacharjee   20 September 2015 at 14:20

Jurisdiction for case under section 125(3) crpc

along with other cases, wife filed 125 CrPC case also before APJ,Fam Crt, Lucknow in 2008, maintenance ordered for 2 children but no maintenance granted to her... after 2 years a compromise (temporary in nature) was executed between the parties on 26th July'10 in Fam Crt, Lucknow in the case of 13A, HMA, pending before PJ, Fam Crt according to which parties were supposed to live together....around May'11 situations again became unbearable for the husband so he filed an application before 125 crt, lucknow (as original PJ Court was vacant) informing the court that he is withdrawing himself from the compromise and prayed the court that it should decide maintenance amount for wife and pass suitable order for meeting children... court passed an INTERIM ORDER for certain amount with consent of the husband..the date of this order was 22nd July'11..on the next date the court was about to dismiss the petition annoyed by non-appearance of wife..an exemption was filed by her on that date immediately, which certainly become a proof that she got to know about the order of 22nd July'11. After that she never appeared in any proceeding of the case...on 3rd Sept'11 the wife, without informing anywhere in the courts at lucknow permanently left for ahmedabad, gujrat (her parental home). Her non-appearance in the case continued since the date after 22nd July'11... In May 2013 she filed a recovery case of 125(3) CrPC at FAMILY COURT,Ahmedabad for execution of the INTERIM MAINTENANCE ORDER passed by Family Court, Lucknow.. directly a warrant followed by a order for salary deduction was executed on the husband by Family Court, Ahmedabad...Husband filed a revision before Gujrat High Court... salary deduction order set asideand Fam Crt is supposed to hear the parties on merit and jurisdiction of the case
My Question is :
is the case U/s 125(3) CrPC maintainable at Ahmedabad anyway when the original case of 125 is at Lucknow (keeping in mind that order was an Interim Order) ?

Jatinder singh saini   20 September 2015 at 14:15

25 is bailable on not

Dear sir my friend was carrying a arm gun without licence few peaople made vedio recording ndsend to Police will he he bail

VISHNUMURTHY CHADALAWADA   20 September 2015 at 14:05

I couldnot bring to your kind notice in detail my case previously, section 41 a cr pc issue.

Expert Advocates
sir,
I couldnot bring to your kind notice in detail my case previously, Section 41 A Cr PC issue.
1.Daughter in Law married my son on 15-04-2012 while she was working in Infosys (software).
2.then my son has been working in TCS (Software ),Chennai since 15/6/2008 and deputed to London for two years period in the year 6.2011. We told at the time of marriage settlement to brideparty about my son future employment and service in detail, he will be back to India in 2013.
3.DIL resigned her job and went to London to continue marital life in the year 7/2012 as housewife..
4.Happily spent in UK during marital life and toured in UK.
5.DIL Came to India with son to attend her brother’s function on one month leave in the year 4/2013.
6.After expire of leave again both left for London.
7.Immediately transferred to Chennai from London in the year 6/2013 due to availment of one month leave
8.Put up family in Chennai from 7/2013, her ambition was to spend her life in foreign but it couldn’t fulfill, stated harassment and non co operation .
9.Started dispute between them, her demand was to settle in USA but my son refused her proposal.
10.Left Chennai on 19/06/2014 and living separately with her parents and threatened many times through SMS to commit suicide. Then we (ME and Wife )were living in Hyderabad very near to my DIL parents house (walk able distance) by virtue of promotions we left Hyderabad to Warangal informed the facts . DIL Pattu sarees and other items were in her almarah, she never came to my residence to take back her clothes and items but his father along with two other persons went to Chennai while my son was there in the month of 9/2014 and collected all dress materials and certificates and other items even not giving any receipt threatening him. I suspect he might have taken locker key and playing tactics and demanding to open the locker.
11.Both side elders have done mediation to settle their dispute, but failed and finally they have decided to go for divorce. During the above process son decided that she won’t accompany to London. Went to London for one year.
12. DIL filed a false case against my son, me and wife on 4-5-2015 before Women Police station,Hyderabad U/S 498 A & 406 IPC stating that we have taken dowry, Jewelry(gold & silver), & household articles shifted to Warangal (Telangana ) from Chennai while husband leving for London. Further Dowry an amount 3 Laks and others 1.5 lakh and demanding more 3 Lakhs and harassing , punish in laws and husband and demanded maintenance .
13Police personnel are also sincerely done mediation to settle the above issue but DIL parents demanded 10.5 Lakhs for MCD and demanded at one time payment on or before 7/2015 concluded MOU by force threatened us took signatures on MOU. I did not pay any amount till date. I brought the above false incidents in detail and MOU to DIL notice by post through 4 Regd. Post letters , accepted two and not claimed two, copies submitted to the concerned Police authorities for information and denied that we have not taken any dowry and her jewelry (Gold & silver ). The jewelry was kept in a bankLocker by herself with husband jointly. The Locker was misplaced by her and lost due to negligence.
14.Both DIL & Son applied through letters to bank authorities to brake open locker in the moth of 6/2015 by son and DIL on 8/2015. Bank officials were ready to brake open the locker on 24/8/2015 in the presence of both side parents.
15.Due to cheating and bogus MOU issues noticed my son ,requested the concerned bank officials to stop brake open locker till settle the above 498 A & 406 IPC case and further settle the MCD issue through expert advocates , the bank officials stopped the brake open the locker.My son is having some Important documents and others in it.
16.DIL demanded FIR, the police registered the case and submitted before Hon’ble CMM court Hyderabad and directed me , wife and son to come for investigation to Police station (WPS) and issued notice U/S 41A Cr.PC on 31-08-2015 by regd Post we acknowledged the same on 4-9-2015 both attended before police on 6-9-2015 and 7-9-2015 separately and furnished a undertaking and informed about son, son has been living in London since 28/02/2015 before filing a case by DIL (DIL filed case on 4-5-2015.)
17.Dil party playing hide and seek game with us sometime they are ready for MCD and other side threatening .
The police have not arrested us and taken a undertaking that in future co operate for investigation. We both Govt.Employees ready to retire from service within one year.
My request is “ Is it necessary/required to seek/obtain bail to avoid arrest in future before Hon’ble CMM court Hyderabad in my and wife side and what about son ?” whether all can seek bail from Hon’ble Court ?- Local advocates are not giving proper advice some advice to go for bail and some not require (Junior advocates) . Previously I got valuable reply from experts in service matter and got benefitted for which I shall be highly thankful to expert advocates for ever.
Pl Reply, Awaiting valuable reply. Thanks
Vishnu Murthy. Ch
Chvm05@gmail.com

Naresh   20 September 2015 at 13:50

Ideminity Bond

Can The Ideminity Bond Self Signed & Attested By Notary Be Challenged In Court .....
What is the procedure to challenge the same , as it is given to puda department to get the property transferred and further the same property was under stay in court , as dispute between buyer & seller and further the buyer won the case of specific performance and got decree executed. But now puda is demanding non construction charges for the litigation period against the same declarations in indemnity bond signed by the buyer !!!!!

shabaz khan   20 September 2015 at 13:15

How to change name in proprerty

SIR
IAM SHABAZKHAN DOING LLB IAM IN SECOND YEAR. I WANT TO KNOW THAT MY COUSIN BROTER NAME IS ALI UDDIN, BUT HE CONSTRUTED A HOUSE AND REGISTRED NAME AS MEHRAJ ALI , AND AFTER 7 YERAS HE CAME TO KNOW THAT HIS NAME IS WRITTEN WRONG, AS REAL NAME IS ALI UDDIN , IN PASSPORT, VOTERID, ADHAR CARD IS WRITTEN ALI UDDIN, HE IS UNEDUCATED,
SIR PLESE SUGGEST WHAT TO DO, CAN WE CHANGE NAME IN REGISTREY OFFICE ?
PLS GIUDE ME

sreedharan   20 September 2015 at 13:11

Issue of encumbrances certificate by registering office authority

me and my sister in 2008 procured a plot of land from the neighbour to have 4 wheeler traffic to our homes.the deed was registred in our name(50:50). but the registering authority issued encumbrance certificate in my sisters name. Based on that the village office issued the the Mutation certificate in her name.Since then she is giving the taxes for the land till now.
NOW SHE SAYS THE LAND BELONG TO HER AND I HAVE NO RIGHT IN THAT. THREATEN ME THAT SHE CAN EVEN STOP MY ENTRY TO THAT PLACE.

IS IT CORRECT. THE PROPERTY WAS PURCHASED WITH EQUAL MONEY AND REGISTERED IN OUR NAME.

rajkumar   20 September 2015 at 13:08

m.o.u

Whether the m.o.u signed out of court and just notarised but not registered in court of law is valid

Rastogi   20 September 2015 at 12:46

Cross appeal

During trail court out of 5 issues 4 issues were in our favourt(Plaintiff) and 1 issue was against us(Plaintiff) and decree was passed.

However we(plaintiff) filed first appeal and claimed the entire order to set aside.

Defendants did not file any cross appeal in first appeal on 4 issues.

Can defendants again argue on 4 issues which was not in their favour in trail court but they have not filed any cross appeal?

Nishant Sharma   20 September 2015 at 09:09

Issuance of no objection certificate for outside employment

Presently I am working in Allahabad Bank as PO and I am under probation for 2 years since date of joining. I applied for Central Railside Warehouse Company (CRWC) and cleared written examination and called for interview. In interview I was asked for NOC. However as per circular of my present employer (Allahabd Bank), " No Application Job/NOC for outside employment will be forwared during probation period".It also says " You may leave the Bank's serviceby paying the amount specified in the Financial cum Surety Bond executed by you".
I showed this document to CRWC personnel but they insisted for NOC. I contacted by Bank for NOC but they asked me to show circular and refused to give NOC. Now my question is :
1. DOes this mean that I will ben ot issued NOC from my employer during NOC?
2. If NOC cannot be issued during probation if NOC cannot be issued then why other PSUs are asking for it?
3. Does this mean that now I have become slave and bonded labour of Allahabad Bank?
4.If this problem cannot be resolved where should I appeal apart from Allahabd bank to get the problem resolved as soon as possible?
5. Allahabd Bank is curbing my Fundamental Rights of Right to Life by not giving NOC to me.
Your kind guidance is required for me urgently. As I am appearing for other examinations and this NOC issue will make me ineligible for all such jobs. So please prvoide me better options to resolve this.

crpc   20 September 2015 at 09:02

Contract / agreement ?

Dear All Learned Advocates,

Yesterday I visited a bank with the purpose of loan. All things were final, but when I asked a copy of my dual signed forms/document I am submitting to bank, they denied with the name confidentiality.

My simple question is -

1. If the particular document is duly signed on revenue stamp, how it is being confidential by me specifically ?

2. As a basic rule of thumb, I usually keep one copy of a document signed by me as a record, is it wrong practice ?

3. Whats Indian Contract Act 1872 Says regarding same ? Surely those documents were comes under contract. Can one party/Organisation have capacity deny for providing the copy of document ?

4. If one party is denying, then what remedy / legal action can be taken by second as per law ?

Kindly accept my honorable thanks in advance to all.