rameshpatel
15 June 2015 at 10:18
My cousin received a summon which has petition filed in court so the property can not be sold or transferred.
Does that mean the stay order is passed or it is just a notice. Does the Judge has to review both side case before he issues stay order.
How is the stay order issued?
nandanm
15 June 2015 at 09:59
Hi Experts,
I am currently fighting a 498a levelled against me by my soon to be ex wife. The case is going on since last 3 years.
2 years back my wife put a 66A case on me.She wanted to pressurize me in to giving her some astronomical amount as alimony. However, I just got acquitted from 66A case, as it was the only charge in this case, and that 66A has been repealed. The case in itself was almost complete, with all trial and arguments. But since the Supreme Court order came right after that,I was acquitted on basis of repealed case rather than merit.
Our side has been incredibly strong, as the prosecution has totally messed up their part, primarily because they didnt have any evidence, their only witnesses were the police IO and DCP. Both the witnesses stated that they have not done the investigation and pointed at each other. Moreover, in the chargesheet they mentioned a hard drive , supposedly seiged from me, which is a complete lie, and they could neither reproduce the HD nor could tell when it was seiged , and by whom. Basically, the whole prosecution reeks of malice.
Its appaling how police sides with the women on frivolous and false claims and just puts cases without any investigation. I lost 2 of my precious years of productivity, got bad reputation in my company and my prospects of joining another company are almost nil, as which software company will hire a guy with a allegation of IT crime ?
My wife has effectively runied my career.
Can anyone tell me what steps can I take now ?
1. Approach Human Rights commission - to complain against the police for misuse of power, against my ex for submitting false allegations ?
2. Approach criminal court and file a case of perjury, defamation, malicious prosecution ?
3. Approach civil court and file for damages ?
Now coming to the question of if I can file for damages (3)?
Well, with my little knowledge in this regard, I know that a claim for malicious prosecution needs to have 4 elements :
(a) That Criminal proceedings were instituted and continued against him by the defendant;
(b) That there was no reasonable or probable cause for the defendant instituting those proceedings;
(c) That institution of such proceedings was malicious; and
(d) That those proceedings ended in his favour.
I am pretty sure of the first 3 points a,b,c can be substantiated in the court. However, since 66A was repealed , will point (d) hold true ?
Going purely by technical terms, the proceedings indeed ended in my favor. So by that logic I can argue that point (d) is also satisfied.
Sirs,I really need suggestion from you experts on this. If I can successfully file a damages case, she might consider withdrawing the 498a and also settle amicably for a mutual divorce. Unnecessarily my old parents are being dragged to the court, because my wife has made them accused too.
Kindly respond to this with your opinions and please help me out :(
thanks
Nandan
Divya
15 June 2015 at 08:42
Sir mene ba(honuors)Ki h sol se mjhe LLB krni h plz ap mjhe suggest kijiye londe college se krna best rhega or entrace Exm K liye knsi author Ki book achi rhegi ...
N P
15 June 2015 at 02:18
I want to change my name on sale deed from my Maiden name to after marriage name.
Is there any provision? Please suggest.
Md Tafsir Akhtar
15 June 2015 at 01:42
My Father's name in My birth certificate is Md.Wasim Akhtar Alias Wasim Akhtar and my Mother's Name is Tabassum Akhtar Alias Tabassum khatoon. I Want Father's name Wasim Akhtar and Mother's Name Tabassum Khatoon in my Passport as it is my All documents. But passport officers are not accepting it. They said that only the first Names (I.e Md.Wasim Akhtar and Tabassum Akhtar) will be taken from the birth certificate.
So I am in big trouble. Please help
niru
14 June 2015 at 23:25
I recently got married after 1 month of my marriage I came to know that my wife has false graduation and post certificate ..she was working in school as a teacher on the basis of false certificate when the school authority came to know that her certificates are fake they dismissed her from the school and filed a case of fraud also.I married with an intention to have a working and earning wife.Now can I go for making this marriage void as due to this my prestige in society got down and she may be in jail in future.plz guide me what to do
Thanks entire team
Chelladurai
Trichy
deepankar
14 June 2015 at 23:10
Dear All,
I am stuck now, Please help.
construction of building was going on the builder was available, he told that after two month I will get the possession of the flat, I took a home loan of 20 lakhs, registry was done, I was paying the EMI's now when I went there I saw that the building and builder are different, when I tried to contact the person who told me that he is the builder is not the builder of that flat, and now he is not traceable.
please suggest, how should I proceed now.
Ksreddyacs
14 June 2015 at 22:13
Dear Sir,
Should i give loan to an individual by taking land pass books as surety with sinature on stamp paper from the borower.
If borower fails to pay should i take legal action with the help of this written document(Adimanam)accepted by the borrower.
Please suggest me.
M J Maheshwari
14 June 2015 at 21:05
I am the owner of an apartment in a cooperative housing society. Two years ago I had made a payment of maintenance by cheque well before due date; however the society treasurer/secretary did not deposit the cheque in the bank.
I could not verify my bank passbook due to my mothers death for that period.
Till recently, the society bill did not show any arrears or any interest. The society is now demanding the maintenance along with interest from me.
I am a prompt payer.furthermore the Chairman, Treasurer and Secretary do not pay any attention to my continuous request for past 2 months to cancel interest.I am willing to pay maintenance but not the interest.
Pls, advice what remedies are available for me.
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about voidable marriage
Sir, After two month of marriage I got a letter in which about my wife some facts were disclosed, which were intentionally concealed by her and her parents. the facts were found correct after investigation. the facts are- She is an accused with a person in fraudulent withdrawal of money by stealing a customer ATM. The case has been filed against her and the other accused by the bank and on her there are charges a/c IPC 420, 467, 468, 471. She is now on anticipatory bail.The case is in the court and there are chances that she may get punishment. Her general behaviour is also not good. Can I file case for voidable marriage for being concealment of fact. or should I go for divorce.