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manpreet   12 August 2015 at 21:27

very short hearings given

sir , additional session judge sahab has given very short dates of hearing in revision just gap 1 -1 day continious and without arguments revised the section 125( interim maintenance )which was pending in lower court . what should be done at this stage.
what is the procedure of transfer of case .

suresh naik   12 August 2015 at 20:23

Dhoka Dayak Imarat

What is the procedure for declaring Dhoka Dayak Imarat ?

essycherianantony   12 August 2015 at 19:54

Ancestoral property of christian family

We belong to christian community. My father was one of 6 children- they were 5 brothers and one sister. None of them are alive now. In 1969, when all of them were alive (their parents were deceased then) they executed a partition deed. The sister was already married then, and it is recorded in the partition deed that she was married off and her dues are settled . However, the deed is not signed by her, but only by the 5 brothers. Later, she had executed release deed for two of the brothers, based on their request. Neither she nor her children have raised any claim on the property belonging to my father nor any of her brothers. Do her children have any claim on the property in view of the fact that : a) teh partition deed is 44 years old and b) she has executed release deed for two portions of the property.

POOVENTHERA RAJAN   12 August 2015 at 19:36

Habeas corpus petition

any one have Habeas Corpus petition model to file before Orissa High Court

Kapil   12 August 2015 at 18:56

Divorce and fraud

Dear All,

please help me My marriage was in April 2015 and when I Reached girl house with barat they people changed the girl after Vermala Ceremony real bride was hidden by her family members and her real cousin sister was in bride cloths when I came to know all the matter than i said i'm not want to marry they people thretten to me and my few relatives now the situation is this current girl is a very fraud and cheater she said she will file a case against me and my family of dowary and cruality now her family members not ready to advise her , she says I will kill my self and you will go to Jail in case of my murder under the dowery and cruality , now no any ony her family members came to advise and resolve the matter .. she having already affair with other boy and very cleaver girl.


please help me what should I do to get divorvce from her

Rupendra Porwal   12 August 2015 at 18:11

Jurisdiction of family court

As per section 7 (1) (g) of THE FAMILY COURTS ACT, 1984, the jurisdiction of family court:

(g)suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

WHEREAS SECTION 9 OF Guardians and Wards Act, 1890 PROVIDES THAT:

9. Court having jurisdiction to entertain application

(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.

(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides, or to a District Court having jurisdiction in a place where he has property.

Question:

Does family court has jurisdiction to entertain application/suit for GUARDIANSHIP OF MINOR INCLUDING HIS PROPERTY (EXCEPT SHARE IN ANCESTRAL PROPERTY).

Regards,

Rupendra Porwal
Advocate
Lucknow-98385 97775

SAM   12 August 2015 at 18:00

Re: service of summons to accused who is residing in muscat

Dear All Ld. Experts,

Complainant is in the process of filing case in CMM Court but one of the accused is in Muscat. Previously he was working in govt. job and resigned from that govt. job. and joined pvt company.

Request you all to kindly advise how to get the details of the address of the concerned accused (I mean his detailed residential address in India)

In the above case how would the police serve the summons to the accused and how the court issue process.

Request you to kindly revert me asap.

Regards,

S

Anonymous   12 August 2015 at 17:25

Rent Agreement

Dear Sir,
I want to prepare new rent agreement of house property which will be notarized but i didnt know how can complete this and also dont know documents required for such agreement. Please guide me about procedure and documentation.

truman   12 August 2015 at 16:25

Procedure

A writ was filed under Art.226 before a single judge and the same was dismissed against a settled law.

If I go for a review and get dismissed again, can I go for an appeal under 227 before bench or I will have recourse only under 32 before the Supreme court alone?

Please advise me whether to go for review or appeal.
Thank you Brothers.

anita   12 August 2015 at 16:17

Anticipatory bail for innocent in a bank fraud

Case detail is as follows ---

My friend is working in a bank. A fraud in loan sanction against the LIC policy happened 3 years back and it came up last year through audit. At that time my friend was just joined that Branch. Already a Chief Manager was there in the Branch who was the sanction authority. In the fraud an external gang was involved. The sanction paper is missing that was signed by the Chief Manger and there is false address of loanee in the bank record. My friend has not sanctioned the loan and the peon has signed as introducer. Bank filed FIR against fraud in which no name of the accused is mentioned.
The main 2-3 accused of the gang were caught and arrested but now they got bail by paying fine. In the process of investigation the peon (introducer) presented before the Judicial magistrate and gave written statement that the Manger (my friend) has told her to sign as introducer and the statement was recorded under 164 CrPC.
Based on that statement IO has sent notice to my friend to appear in the police station. My friend consulted an advocate who suggested not meeting he IO at police station because Police may arrest him. Then he suggested for filing petition for Anticipatory bail (AB). Petition was filed at lower court, but the AB was rejected. Then the advocate suggested to move and file petition for AB at High court, it was accordingly done but at this level also AB was rejected on the ground of statement given by the peon. And in the judgment it is written that the judge is not inclined to give benefit of section 438CrPC to the petitioner.
Advocate suggested to meet IO and say that get written receipt that you are cooperating IO in the investigation to avoid the arrest situation. My friend called IO , then IO said sir if you will visit Police station then I will be compelled to arrest . The prayer of warrant issue filed by the IO in the court has been rejected by the court.
Afterwards we consulted the legal advisors, who said that it was not the matter of AB and the case was wrongly proceeded from the lower court itself.
Recently we consulted the senior advocate, and he said one chance can be taken by filing revision petition by saying that ‘ it was not my intention and I’m ready to repay the fine amount”. But again the advocate said that it has only 1% chance that the AB prayer will be accepted. My friend is innocent.


Dear experts urgently we need suggestion on these points-
- What are the legal options / provisions/ sections that will help my friend to avoid arrest and he will not loose his job.
- If there is chances of revision petition what should be the content / matter to make it certain that the AB will be granted/accepted.

thanks