C S Sandhu
20 August 2015 at 13:02
my wife has filed a defamation case against my father alledging that my father has made false accusations against her father and that in such a case her defamation is also happened. is it possible for her to file a case against my father. pls reply it is urgent. thanks
AMIT MAHANOT
20 August 2015 at 12:35
DEAR LAWYERS,
MY CASE RIGHT NOW IN DRT -RO. RO OFFICERS IS SEEING MY CASE. R.O. OFFICER HAS ISSUED A RECOVERY CERTIFICATE AND ISSUED A NOTICE OF PROPERTY AUCTION. AND SEND TO US VIA SPEED POST. AND GIVE US TIME OF 45 DAYS TO EITHER PAYOUT OR WE AUCTIONED YOUR HOUSE. BUT BEFORE 45 DAYS IS FINISHED WE BOTH (BANK WHICH IS AN ARC CO. AND ME) GET SETTLEMENT IN PRINCIPAL WHICH IS OUTSTANDING ACCORDING TO BANK.
I GOT SETTLEMENT LETTER IN WHICH BANK AS WRITE THAT WE ARE TAKING FULL AND FINAL AMOUNT RELATED TO THIS ACCOUNT.
AFTER THAT I PAID FULL AMOUNT I GOT NDC. NO DUE CERTIFICATE WHICH IS I GOT IT.
I GOT SETTLEMENT IN DEC-2014 TO PAY ALL AMOUNT IN EMI TILL MAY-2015. WHICH WAS COMPLETED. WHEN WE GO TO COURT FOR WITHDRAWAL CASE WE GOT THAT R.O. IS ON LEAVE FROM FEB-2015. SO YOU CANNOT WITHDRAW YOUR CASE UNTILL R.O. WILL COME. SO MY QUESTION IS THAT.
1. I AM FREE FULLY I DO NOT HAVE TO TAKE ANY TENSION OR HAVE TO TAKE?
2. BANK CAN DO STILL SOMETHING WRONG WITH ME?
3. R.O. IS STILL MEANS ON TODAY AUG-2015 IS NOT ON CHAIR. IS IT POSSIBLE THAT R.O. SEATS IS BLANK FOR SUCH A HUGE TIME?
4. ON BEHALF OF R.O. NO ONE CAN WITHDRAW CASE?
PLEASE HELP ME SUGGEST ME.
THANKS
AMIT
hemant pandey
20 August 2015 at 12:20
this recent ordinance has made victims in troubles. Came in June 2015, later withdrawn, again bill passed by lok sabha and pending with Rajya sabha. after June 3 hearing dates are passed but court is neither transferring case nor doing any progress on the case. court is waiting for high court orders weather case is to resume in same court or transfer to other court. accused is taking benefit of this and every time saying before court that he will pay money next month. but this next month is not coming. court is cool and only giving date. my lawyer is also saying to wait only till position clears. it is pure harassment of mine. why should complaint suffer due to ordinance issue. case should either resume or transfer. not understanding why is it at standstill /idle stage. can you kindly advise if I can do anything or just wait?
sandeep
20 August 2015 at 12:18
Presently i running +45 age of my life and want ti join LAW as profession after become LAW graduate.
I am graduate from Delhi University and passed BA Vocational studies in the year of 1991 in 2nd div.
Pls advise which university i should join for LAW graduation on the correspondence course and section will be start in this month or in further month.
Pls advise
Sweta
20 August 2015 at 12:05
Hi, I have a franchisee on my individual name of CA coaching classes in Maharashtra.
Do I need to register my franchisee as LLP with ROC or do i need to register in Gumasta ?
sandeep
20 August 2015 at 11:54
i was married in year 2000 and after living together appx 6 month she left the matrimonial home and start living at prenatal home. our marriage was love come arrange marriage as per hindu low.
till 2005 i was trying to peach up and re - console my marriage for that i visited her so many time but my all efforts was failed since she don't want to come back. and after that i left my life in hand of god and on the time factor but we were still meeting at public places and were in touch through phone till year 2009,
in year 2010 she filed divorce case as per under above mention section in the 1st hearing our matter was transfer to meditation center at court itself after 1 year and appx 6 mediation classes we both have arrived in year 2011 at an amicable settlement, terms are as under
1. we both was agreed to live together from day one in the matrimonial home for at least 1 year in the meanwhile my wife have liberty to revive the present matter and concerned court will adjourn the case for sine die.
2. we both will love, care and respect to each other and maintain a healthy environment.
3. above settlement on the basis of their own free will and any force, pressure and coercion.
but after the settlement she was not stayed at my home for single day even she was not visited my home in day time or during my illness she blocked my cell calls on her cell and only call me whenever she want to take to me till date and also stop my entry at her parents’ home.
presently I have am based in west and not staying at my home which is locked from almost from period of 2 year. But through my nab ere I came to know my wife had filed fresh divorce case on the basis of same section in 2013 and already 3 times in 3 hearing notice was sent to my home through the court and was return due to my premises was locked and no one was available to recvie the notice.
Yesterday again court messenger had visited my premises to serve the notice 4th time and after found my premises locked he verbally informed to my nab ere about the notice and next hearing date in 2 days in this week. And this was informed me verbally over phone by my nab ere but it is too late to be present in court by myself in current hearing and also appoint Advocate to be present on my behalf.
I have question about this current hearing date that is following :
1.This notice was issued for pasting at my premises after 3 hearing and was not pasted by court massanger.
2.Order was issued for pasting so it was last order to serve the notice or after failing my presence in this hearing in front of court, Is court will take next further step to serve the notice through other way.
3.What will be next step to be served notice to me or deliver at my premises.
4.Or Can Court will allot next hearing date to serve the notice which was already sent 4 times.
5.If yes so I should wait to serve the notice for next hearing date or should I approach the court after hearing date with prayer latter to be present in next hearing date.
6.If NO so can my case will be settle on the ground of X PARTY in current herring date.
7.What is the ground and step will be follow by court to close the case on the basis of X Party.
8.In case if X PARTY order was issue in current hearing so I can file prayer to re-open the case and start fresh herring with my reply of petition.
9.How much min time will be given by court for next hearing to submit my reply?
10.Should I send my concern and request for next hearing date by speed post to court.
I have recved mixed verity of reply on my doubt/confusion about mandatory presence of mine to log the petition. Some says I have to be present to start the process, some says wait for next haring date and present after only recving the notice. Some says it too late to react since I have already lost the case and chance to be present myself and in current hearing my wife will get X PARTY due to non presence of myself or my advocate in last 3 hearing.
Please advice, Early advise will may help me to take further step
Shwetha
20 August 2015 at 11:49
Hello Sir,
I am residing in Karnataka udupi.I had purchased car from mumbai on 2014 and had bought to karnataka. As per Rules i had obtained NOC from mumbai rto and submitted all documents with proof of migration and transfer of ownership from mumbai to udupi. I paid tax in karnataka on Dec 2014. After paying tax i got RC book with MH registration .When i inquired regarding KA Registration mark they asked me to visit in February 1st week.I applied for KA Registration mark on Feb 2,2014. when i inquired regarding the Process they told they dint get any intimation from Mumbai RTO, I visted Mumbai RTO and took Approval letter from them and i again submitted to Udupi RTO. Udupi RTO People asked me to wait another 2 weeks after surrendering my RC book and all the documents. On March 1st i visted Udupi RTO and to my surprise they are telling they have misplaced my File.i visited nearly everyday til june 2014.On june 2,2014 the Rto officer called me and told they are processing me with KA Number. After getting New KA number. i visited mumbai RTO for claiming Refund i applied along with application,that the car has been taken out of state on june 15,2015 .But after one month i am getting a letter from Mumbai RTO stating that my refund Appplication was rejected as per Maharashtra RTO Act,1959 stating that the claim has to be processed within six month of issuance of NOC from mumbai RTO. Please Hep me
Regards
Shwetha
vibhu
20 August 2015 at 11:32
Gud mrng experts. I want to say that father has been expired and he has his earned property. I want to know is wife has right to will for transfer this property to anyone. Second i want to know do this property can directly transfer to anyone? At present there is no will of my grandfather written by him.
KETAN J SHAH
20 August 2015 at 11:31
Respected Sir's
I am a Landlord of a property in Mumbai. I have filed a case in small cause court against my tenant and simultanouesly Tenant has filed suit against corporation for the same matter which is in small cause court.In both the cases the tenant has given false evidence in his written statements and Plaints. He has not given true statement to his advocates also and that is why the advocates have filed statements on the Tenants words.
Secondly the original tenant is still alive and he has added his sons name in the premises.In the court Tenant says it is his properitory concern and in actual he has added his sons name without the permission of the Landlord. As far as I understand the law it is clear that the son's right comes over the property only after the original tenant expires.The tenant is a commercial Tenant and after his death the son should be in the same profession as his father.
What are the rights of a brother in a brothers property.
Please clarify the above queries and oblige
Thanking you in advance.
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Search warrant from family court for child custody from ex-wife.
Family court had given judgment in the matter of Divorce u/s 13 of HMA in favor of my close friend based on adultery and also awarded Custody of female child (9 Years) u/s 6&25 of G&WA to him on the same charges. But his ex-wife (divorced) is absconded from matrimonial city where she resided since past 10 years and taken the minor child with her to avoid to give custody to husband as per court orders.
After escaping from city family court had issued orders to jurisdictional police station to search the child and hand over to my friend (Natural & Legal Guardian of the Child). Police was in search of the child for the past 1 year and also published public notices in local and other News Papers.
Now after one year husband could know the whereabouts of the child. The child was away from my friend for past 3 years i.e. during pendency of cases of divorce & child custody and the searching period. Certainly, by this time my friend's ex-wife and her family members might have polluted the mind of the minor child very badly and may not agree to give possession of child to my friend.
My queries -
a) Whether Family Court may issue search warrant for searching the house by police where they are presently residing, if formal application is filed before court?
If yes, under which Law & Sections?
b) Whether police may have authority based on orders issued by Family Court to police. Wordings in orders are -
"It is hereby ordered that in regard to take possession of the child from wife of XYZ and handover to XYZ, collect the photographs of child, wife and wife's parents for identification, from XYZ and take necessary steps.
Help of XYZ may also be taken if needed.
Also submit a report to this court as regards to taking possession of child from wife of XYZ and handing over the child to XYZ."
Kindly help me out to help my friend to take custody from characterless lady and her cruel family. One notable point ex-wife’s father is already arrested in some of cheating case and right now he is in judicial custody.