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rajan chopra   24 July 2015 at 10:49

counsel and plaintiff

Sir is plaintiff legally bound to be represented by his counsel in a civil suit or he can represent himself as a party in person

gajender kumar gupts   24 July 2015 at 10:36

cheque bounce

I am complaint in 7 mm court .and respondent in m sj court.i have filled a case of cheque bounce of 375000 in 2002 .the hounable court has sentenced one year imprison and only four thousand penallty to accoised which was confirmed by m s j . accused has filled susspion pettion in 2009 and is on bail . i want to know can i file for compensatuon to be imposed on accused or enhance the jail term. I have also filled civil suit in civil court and it was decrred . the accused sold away all the belonging and filled counter in civil court tjat he is unable to pay decree amoumt

Denrick   24 July 2015 at 10:23

builder's false act

Hi ....i m residing near Mumbai area....i m living in a society since past 20years.....before this society was not registered as builder was not ready for the legal registration then we filed a case against him then 2 years back society was registered but still convince is not yet done so we went for a dim convince with the help of a federation but it seems that the builder had purchased that federation because the federation had just given up n not ready to help us......the building is old ...n we need for a reconstruction .....we badly need some help.....i m 20yr guy doing my engineering...i just can't bear all this...want to do something for my society...help me...plzz

hitesh variyani   24 July 2015 at 09:49

Is it possible to do llb with ca

i am currentluy in ipcc and i have given may may 2015 attempt .... and i now i am in ty bcom so after completing my bcom can i join llb course as then my article ship and my llb programee will run side by side so is it possible to do so ....
i requst u to give me idea about the same as soon as possible

Deshpande Makarand R   24 July 2015 at 09:17

Form 26as

My wife works for a school.
For the first 4 months in FY 2014-15 they deducted TDS of Rs 500/= pm as ITax. On submission of proof of savings , this deduction was stopped.
Now in form 26AS only 4 entries of salary and TDS is visible.

Is it OK ?
Should'nt the form 26AS show the complete salary paid for FY 2014-15.

Victim of Domestic Voilence   24 July 2015 at 04:20

Need suggestions / advices on divorce case and restoration of conjugal rights case

Hello Ld. Members of Lawyers Club of India,

Need your help in my current situation. But let me give you a quick sneak peak of my past. I got married in 2007 according to Christian rituals as I am a Christian. All was good. My mother in law’s interference was a lot in our married life. It was so much that my wife actually launched a complaint against her own mother immediate after 3 months of marriage regarding her severe interference.

Later our son was born in 2008. Everything was good. Wife came back after the delivery of my son from her parental house. Her parental house is 150 kms away from my place.

Then for daughter’s delivery wife went to her parental place. After delivery wife refused to come to me (husband’s house). Then I sent her a legal notice thru advocate. Wife took that notice and showed it to one of the Mahila Mandal. The Mahila Mandal brought her back my house in 2009 itself.

Then in 2010 July wife went for brother’s marriage to her parental place. We all went to the marriage (my son, daughter wife and myself). I immediate came back to my house along with our son and wife showed interest that wife would like to stay at her parents place along with our daughter. I told her they can stay. Son was 3 years old so he came with me but daughter was 1 ½ years old so wife was with wife. After some days I asked my wife to come back to which wife refused and mentioned wife will not come. All attempts made to call her back were in vein. Then I sent her a legal notice again thru the same advocate but wife did not receive the notice. This incident is of July 2010. Later on I filed a case in the Session Court from my place for Restoration of Conjugal Rights in August 2010. Notices were sent to her but wife never attended for a single hearing. There after ex-parte was issued in husband favour. The judgment was made on Dec 15, 2010. The judgment was that “The wife is directed to join the husband’s company along with daughter within 15 days from this judgment date i.e. Dec 15, 2010. To complicate the situation more wife from her parental please filed a case against me stating that the father of our son has forcefully kept the child. Also I never received any summons regarding the custody case of my son which was already filed by wife. Seeing that husband is not coming the Hon’ble judge issued search warrant against son under sec 97 of CRPC. Later on I came to know about the case and myself and my Adv. appeared on the next date. Luckily on the same day I got the legal custody of my son. All the allegation made by wife against me the natural father of the son were false. The application got reject and the search warrant got cancelled.

Wife was aware of the Restoration of Conjugal Rights case which was in my favour and she knew that she has to join husband’s company. Wife never came after that.

Later in Feb 2011 wife filed DV case against me. In DV case wife asked only for maintenance. Wife never asked for children’s custody. Only money asked. In June 2011 thru mediation in the DV case wife came back to husband house along with daughter. Wife had some cruel intentions in her mind. In August 2011 wife left daughter and again went back to her parental house. There after the DV case started again. In April 2012 wife got the DV case in her favour. At the time of filing the DV case wife made the application in the name of son, daughter and herself. So the Hon’ble judge passed an order directing me to pay a certain amount from the day of filing this case and to continue to pay the same amount every month. It was also mentioned that I will not make any contact with her under any circumstances. Not directly, indirectly or thru any other persons or means. I was not in a position to pay such a huge amount. Therefore after all expenditure I use to pay not all but part of the amount.

The biggest mistake I ever made that I never went in for appeal immediately. I was misled by my advocate as to pay whatever I can and the rest we will see later.

Time passed my son started going to School in 2012 and still 1 year left for my daughter to go to school.

In March 2013 wife filed another case against me which was recovery case in the same court which granted her interim maintenance. Wife mentioned that a huge amount is to be recovered from the husband therefore wife made an application to issue distress warrant against the husband.

In April 2013 wife filed another case asking for the custody of daughter in the same court where wife filed DV case. Wife made up a story stating that in May 2012 our son told me (husband) bring sister for some days so wife allowed daughter to come to her brother and after that husband told wife that I have took admission for daughter in school so I will not send her back. The application for custody of daughter was rejected by the Hon’ble court mentioned that when wife filed DV case why wife did not ask for the custody of both children? Wife had full rights to take the custody but wife focused only on interim maintenance. Now this court has no powers to hand over the custody of the daughter so her application got rejected.

While the recovery case was going on wife one day met me in court. Wife quarreled a lot with me. Told me that I am not interested in children give me X amount and give me divorce. I told my advocate about all what happened.

Then in April 2014 I filed for Divorce case from my place. When wife came to know about this wife also filed a case for Restoration of Conjugal Rights from her parental place. Both the cases are in Session Courts.

This is the flash back.

Coming to the points:
In Divorce case my cross examination is already been done. Evidence is already been filed. Hon’ble judge has mentioned other side to say.

Now the Restoration of Conjugal Rights case wife’s cross examination is in process. The drawback for me is the Hon’ble judge is a female lady. TO be HONEST with you the Hon’ble judge is favoring my wife a lot. It can clearly be seen thru the behavior.

Wife has not filed any single document as evidence in any of the cases.

My only and only question to you is:

How can I win the Divorce case?

How can I win the Restoration of Conjugal Rights case?

Husband has already filed the same case 5 years back but the wife did not turned up so ex-parte was issued. Can this ex-parte order be some sort of help to husband? Wife says that there was no mediation done in the DV case and she never came to husband place i.e. from Jun 2011 – Aug 2011

Can I get relief in the Recovery case?

You humble suggestions and advises are most welcomed.


Regards,

Victim of Domestic Violence


pradeep   24 July 2015 at 00:57

Service seniority

One person 'A' has been abosrbed against existing vacancies after completion of his 3 years 4 months deputation (from 10/05/2005 to 28/09/2008) in a higher rank in same department where ratio as per Recruitment rules of 60:40 (Direct recruitment: Deputation/ Absorption) exists. During his deputation period, through direct recruitment 18 personnel have been appointed and placed as his seniors even after A having experience of 1-3 years above than them. As per recruitment rules 40% of existing vacancies were to be filled by deputation/absorption, in this case 'A' has not absorbed against the vacancies already exist with the reason that he has to complete a deputation period of 03 Years.
At the same time, many similar person on deputation were absorbed after 16 months, 18 months, 24 months etc.
My query is,
a) If A who is in deputation having same responsibilities, having more experience than newly recruited persons is not eligible to get seniority from his date of deputation?
b) If vacancies exists, and performance of 'A' is satisfactory,what is the minimum duration of deputation which required for further absorption?
c) If in the same department, similar personnel on deputation are absorbed after a period of One year, Why 'A' not absorbed against the existing vacancies.
d) As per similar absorption, If 'A' has been absorbed after 1 year against the vacancies as per 60:40 ratio , he were senior to most of the 18 personnel newly recruited as he is more experienced than most of them .
e)It is clear that, during deputation period also he is fully responsible for each and every work he did. Then why the seniority considering after absorption only if he has not repatriated from deputation and doing continuously serving in same department.
f)Regarding pay also, 'A' is drawing more pay than all the personnel recruited after A's deputation as he is not repatriated to his parent cadre.Then nobody has any loss by giving seniority to 'A' from the date of his deputation as (i) He is having more experience than all pers joined between his date of deputation and absorption (ii) He is fully responsible for all the works he has done during deputation period (iii)Department has not absorbed him after one year even there was vacancy existing and when similar cases of absorption already done by the department in previous cases (iv) A is drawing pay more than that of personnel recruited after A joined on deputation.

Request anybody clarify these things as I feel 'A' is eligible and deserves to get his seniority from his date of deputation or from after the minimum period of deputation as the department previously considered for absorption keeping in view that the department not absorbed him even after vacancy exists and he has satisfactorily performed his duties when in the RR 60:40 provisions as mentioned above is there.

Anonymous   24 July 2015 at 00:26

SAFE ME FROM GUJATATI MANGALI GIRL

Dear Sir
My self ASHUTOSH lived in vns One Gujrati girl or her father file a fake fir against against .
Brief story
That girl and Me are boy friend and girl friend since last 4years She lived in Ahmedabad & I in VNS we only talk over the phone. No physical relationship between us but we saw naked images & videos
But when her father know about Me they file fir against Me because. She cheated Me.well and one day Ahmedabad crime branch psi came at my place and arrested Me. Her father is BJP politician he used money & power against and also he said he kill me and my family.

Please tell me what I do for protecting our family members life & mines
Also tell me how I get 5 years calls SMS & MMS logs form different-2 network providers for prepaid connections
IPC ACT 354D,384

I looked forward yours help response

pardeep singh   23 July 2015 at 23:41

gpa frod

1.seelampur delhi me kisi chandar kala ne kisi d.k gosh ko gpa ki 7.11.1997 me.
lekin davender nam ke aadmi ne ek frod gpa banai or usi chandar kala ki gpa ka hawala dete hue laxmi ki property ko sel kar diya apni patni ko to kya wo registery valid hogi
jisme gpa ki NOC bhi nahi lee gyi.

Anonymous   23 July 2015 at 23:12

Second Cousin Marriage

Hi. I am an adult female living in north India. I am a Hindu and want to marry my second cousin(father's father's brother's son's son). Can our marriage be solemnized under Special Marriage Act? Most importantly, what does section 19 of the SMA point out? Will I be legally prohibited from practicing/professing Hinduism and/or having any ties with my family after the legalization of the said marriage? Please answer.