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R.K. SHARMA   03 June 2015 at 13:26

Lgeal threat by wife

Dear Sir/Madam,

i am very upset about my wife behavior and legal threat of filling the false cases if i don't walk on her track. she is completely handed glove by her father and controlled by her father , her father is a uncivilized / eccentric having rude behavior. my father has done this marriage without any single penny from her father.

i was got married in 2004 from kanpur, her father has been using her as a weapon against me and our family since i got married.
her father wanted to use us for their financial benefit. in 2008 i sent my wife to her parents visit,when i gone there to take her back, her father had abused me fought us denied to sent her back with me and filled 125 crpc against me , this came to my knowledge after eight month, i had filled sec 9 RCR, after fighting two years , she has come to me, and in the date hearing in RCR case her father has again use her as a weapon and filled a false 498a against me and my family in 2011 but after investigation by I.O it is found bogus and I.O has not arrest any family member of us . after seeing this she has filled and compromise affidavit in police station stating that she had filled 498a in irritation and she wants to live with me.

after all this episode i don't want to send her in her parents home because of fear of legal threat and conspiracy against me,
but now she is saying that if i don't let her go to her parent's home, she will again do something to threat me.

i am very depress about this. i have two children 9 and 7 years both are boys.
i m very worried about my children's future. what should i do? pls guide.

Anonymous   03 June 2015 at 13:17

minimum wage act

I would like to have rule for calculation of minimum wages of employees in India. Whether it has to calculate on no of days 26 for monthly wages payment or 30 days. Please clarify.

N SURYANARAYANA   03 June 2015 at 13:11

Incometax act, 1961

Sir, Whether under ULIP(Wealth-Plus) Policy the pre-matured withdrawal is taxable. It is a case where the policy has been taken by a person aged 62 years on 25/02/2010 for a term of 8 years and paid single premium of Rs.4 lakhs. Sum assured is Rs.5 lakhs. An amount of Rs.373672/- was received from LIC on surrender on 11/10/2014 with TDS of Rs.7472 u/s 194DA. My query is whether the entire amount is taxable under I.T.Act, 1961 for the AY 2015-16 . Please offer your valuable comments. Also state whether loss so incurred (premium paid minus maturity value) on account of investment can be allowed to be set-off under other heads of income.

Manoj   03 June 2015 at 12:44

Payment and increment after revoked of suspension

The increment as effective from 01.07.2010 was granted to me W.e.f. 02.05.2011 when I joined duties after the suspension period. Suspension Period from 05.01.2010 To 29.04.2011
The completion of 6 month regular service for granting annual increment is effective from 02.05.2015 i.e. date of joining after suspension for earning an increment. Authority FR 26 GIO (3)
“Qualifying service of then six-month between 1st July of previous year and 30th June of the year on account of EOL (without MC) will have the effect of postponing the increment except under condition laid down OM date 18.02.1986”
As per FRSR part -I O.M date 13.09.2008 “the annual increment in pay is drawn as a matter of course from 1st of July every year , except when it is withheld as statutory punishment . If a Government servant is on leave or is availing joining time on the 1st of July, the increased pay will be drawn only from the date on which he resumes duty and not from the fist of July “in the instant case, keeping in view the aforesaid instruction I was granted annual increment W.e.f. 02.05.2011 only
Kindly endorse the action as correct or not


kajaljaiswal   03 June 2015 at 12:11

Rights of legal heirs after the death of the owner

Dear Experts, My Aunt died intestate around 5-6 months ago, leaving behind 2 daughters and one son. She owned a flat in a society in her name. The society was going through some internal disputes. The DDR on the application by the society regarding the said dispute debarred the Chairman, Secretary and Treasurer and appointed new Chairman, Secretary and Treasurer. But the earlier committee is so adamant that they are not giving any papers or information to the new committee now. The 2 daughters of my Aunt are married and settled in USA. The son is residing in the same flat now. But due to an Accident, he lost his vision, and want to move to USA now.

The son of my Aunt has already intimated the Society quite earlier about the death of his mother, and also given the Transfer Application. (The Nominee of the Flat are the son and one daughter). But due to the disputes going on, the society is not paying any heed to any of his intimation and application.

Before moving to USA he wanted to sell the said flat to one man residing in the same building. The daughters also have given their disclaimer about the same. Even the man who is going to buy the flat has given the intimation letter to the society about the same.

But the problem is that the society has not yet transferred the said Flat in the name of the Legal Heirs, in spite of intimation and application for Transfer of the name.

So, can the son of the deceased sell the flat (the daughters have given their disclaimer regarding the same)? No issues arising out of it in the family.

If the flat is sold by the son of the deceased and purchased by that man, (even after all the intimation and disclaimer given by the daughters), can the Society later on create any problem regarding the same? (Like the flat was not transferred so the son does not have the Ownership Rights, or the man cannot purchase the said flat unless the flat is not transferred in the name of the legal heirs.)

saikatdutta   03 June 2015 at 11:27

looking for a family expert lawyer

Hi i am residing in Bangalore looking for a expert lawyer for divorce related case.

Preet   03 June 2015 at 11:04

Authorities regarding custody of minor son to father

i have a minor son of 10 year staying with my estranged wife since 8 years. wife is presently unemployed.I am Class one gazetted officer in government service. me lives in joint family having niece and nephew of 15 and 8 years respectively. Son is deteriorating badly in all spheres of human development whether academically, socially and mentally as has been brought on record by me.
Please let me know the authorities in this regard which may be helpful for me during arguments stage of the case and get me the custody of my son.

kankaghosh   03 June 2015 at 10:25

Crpc 202 amendment act 2005 and its application in pwdva

Dear Experts,

I am eager to know the impact of postponing issue processing where respondents/defenadants reside outside where the suit is originated in PWDVA. There was an amendment in CrPC 202 section in 2005 Crpc Amendment Act. The CJM taken the cognizance basis DIR and application of wife without enquiry whether defendants reside in the territory or not. Fact is that defendants do not reside in the said place. Save or otherwise as contemplated in PWDVA Act all reliefs are governed by Crpc-1973. How much is the process tenable with aforesaid observation without any enquiry in eye of law. Further to say that complainant was not examined before issuance of process by Court.

Thanks
Kanka

SRIDHAR B   03 June 2015 at 10:17

Employer back ground verification for criminal cases

Dear Sir,

In 2011,I got married. But after 10 days of marriage my wife told with me that, She is not interested to stay with me. As she want to marry her boyfriend. I requested in many ways but She is not change. Even I have not agreed for divorce.

Finally She brought her boy friend to meet me. Then I finally agreed for Divorce.

She went to her home and told the same things. After 2 months, I came to know that she committed suicide. Police filed 306, 498A cases against us in 2012.

Now the issue,I am working in Software company recently resigned (2015).I selected for another reputed organization.

they are doing background verification. In Background verification,They get these case details.

if I have 306 and 498A. Still Case is in COURT.

Could you please let me know what will be the impact.

Employer will cancel my offer ?

Is this really criminal issue NOT to TAKE into their organization.

As I already resigned and I wont get JOB.

Please show me possible solutions.

Thanking you so much.

B.S.NARAHARI   03 June 2015 at 10:14

Information regarding fir withdraw

Respected,

I stood as witness for some case which was filed FIR & Produced to the court. Now if the main complainant withdraw the case out of court. Now can i know the same from police station where summons issued to me.Because tommorrow ( 4th june 2015) There is hearing in court where i did not received any information from police station. The complainant is not well known to me.
Myself as a member of Resident's association i signed as proof in the complaint written by the main complainant against accused.


Thanking you

cheers
Narahari