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crusader   01 April 2015 at 16:19

Catch 22 situation due to crpc 82/83, 482 & 438

Dear learned Seniors,

1. The accused has already filed an application for quashing of 498a case in the high court under CrPC 482. Case not yet listed.
2. AB has already been rejected by the session court.
3. AB application has already been filed in High Court, waiting for the listing.
4. Meanwhile, advocate of the '498a extortion gang' has already moved an application for the next set of proceedings under CrPC 82/83. Magistrate has initiated the process of CrPC 82.

Now, few important questions related to the same.

1. In how many days, a magistrate is empowered to initiate the proceedings of 82/83 after the issuance of NBW.
2. Even though accused does not live with his parents, is it lawful to attach the property of his parents under 82/83?
3. What is the remedy to avoid this phase of harassment?
4. Since AB application has already been filed in the high court, is he (magistrate) not liable to wait for the high court outcome rather continuing to sail in another direction.

Regards,
Legal Enthusiast


Pawan Yadav   01 April 2015 at 16:05

Evition of tenant

Eviction best ground against tenant who leave on premises about 30 year on oral agreement.......

bhupendra   01 April 2015 at 15:31

Need urgently case laws

Respected Member
please provide following case law
1) 1994 (3) Civ,L.J 903 All.
Abdul Hamid vs Chhedi koeri


2) 1995 (1) Civ,L.J 367 All
Mohd Shakoor vs Chhedi koer


Thanks

Adv. B.P.Chavan
9860073404
9028636063
7841902000

Gauri   01 April 2015 at 15:18

Building & other construction workers welfare cess act

We has taken registration for our Company in January 2015, under Uttar Pradesh Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, as a regular renovation work is always going on which involved building workers.
someone please tell me when to pay Cess under the related Cess Act as there is no project for completion only renovation involved on regular basis. Whether it shall pay on monthly basis or annually.
Please Help.

Thanks in advance.

Ravi   01 April 2015 at 12:50

Mvc case

Dear Sir, 

My parents passed away in road accident in 2012, so we filed case in the Bijapur district court to avail compensation.

Case scenarios:
1. My Father(age=60 at the time of death)was retired state govt servant and was earning Rs 19000/m pension and after death pension revised due to the revision salary. According to the new salary scale, pension revised to Rs 30,000/m.

2. Mother(age=45 at the time of death) was home maker.

3. 4 dependents(daughter-27 Married, son-27 unmarried at the time of death and now married, son 24-working and was studying at the time of death, mother-80 Passed away and was alive at the time of death) and all ages are current ages.

Judgement was made on 2015 Feb from Bijapur court:
1. Awarded 15L and only 60K is for heirs and remaining is for mother of my father but she is not live and as per court still she is alive.

2. Award was made by considering half of the non revised pension(19000) reasoning deduction of personnel and living expenses of deceased. so considered amount is only 9500/m. But the revised pension is 30000 and we have received the remaining amount as arrears from the state govt.

3. As we are major and court saying that we are not depending on our father's income. But at the time of death I was still studying and my brother was jobless and we were completely dependent on our father salary only.

4. Court saying that there is no loss of future prospects to the family, so no question arises for future prospects loss. But I say our father was about to get a revised pension which 30000/m and I lost my further education due to lack of money and mental shock.


My queries?
1. Please tell me whether I can take up this to High court?

2. If yes, then whether I will get better compensation and results than the district court.

3. If yes, what will be the average compensation?

4. What are all the strong points we can take up to high court?

pls reply sir if you need any further details and pls answer reply about this case.

GAGAN RUSTAGI   01 April 2015 at 12:40

rights of daughter in law against father in law property

if father in law not give the permission to entry into the home which the father in law acquired through inheritance from their father.....whats the rights of the daughter in law

also pleaee suggest under which section the complaint can be filed with the police?

Rajiv Malhotra   01 April 2015 at 12:31

Haryana vat

What are the procedures/requirements to get VAT registration in Gurgaon under Haryana VAT and the time required thereof? What is the Cost of getting registration and annual compliance thereafter upto getting assessment orders in case one engages a lawyer on sub-contact basis? Appreciate early response. Thanks in advance.

MAHESWAREE SWAIN   01 April 2015 at 12:16

About on jurisdiction of filing case u/s 138 of n.i.act



Author : MAHESWAREE SWAIN
Posted 3 minutes ago
helo experts!
again one query is that is it possible in every time to file in the accused's bank jurisdiction? and is it possible to file in the other state under this act? becoz accused is of Hydrabad and he was working at orissa but subsequently he eloped from his working place and shifted all his business to his town Hydrabad. Now there is a problem in front of me that if i file complaint case against him in his town then first it is too much expensive for the complainant in to and fro. so any kind of suggestion which will help the complainant
to file in the complainant's jurisdiction because accused knowingly have did all this and the complainant couldnot afford to go such distance place regularly. so is there any way experts? plz answer me....

Avinash   01 April 2015 at 11:55

Divorce suit

i am weak in english.. so if any mistake in writing.. plz try to understand.

History / Background
1.I file divorce suit H.M.A U/s 13 -1 (ia)(b).
2.Court notice sent by regd. post are returned undelivered. (Wife tempered envelope and send it back )
3.The Divorce notice was served in 29/08/2014 and after that court was on 11/11/2014. (newspaper summons notice / publication of notice)
4.DTD : 11/11/2014 wife not appear in court divorce suit.
5.DTD : 08/12/2014 wife applied for more/extra time to file her writing statement by making fails in statement affidavit. [ I am not appear on that time ]
6.DTD : 17/01/2014- file submitted her WS. And i filled two different applications
>>a)in first application i am taking advantage of cpc order 8 rule 1. (wife fail to submitted her WS within 90 days from date of publication and intentionally not appear on 11/11/2014 )
>>b)Second Application U/s 340 of CRPC and asking to court to take action against wife under sec. 177,181,182,193,196,199,200.
7.After that wife and her lawyer not appear/attend court ( next 5 dates to still date)

My Question is :
1. Can I take any action against my wife for non-attendance.?
2. Can I ask to court for ex-parte? If yes. Please tel me section or rules.

Ram   01 April 2015 at 11:41

Property attachment

Initially wife filed 125crpc. during pendency of 125crpc she filed another suit for maintenance under Order 7 Rule 1 cpc. Court ordered to pay rs.4000 monthly in 125crpc.

1) After I paid arrears of monthly maintenance amount through her bank account and have been paying her every month rs.4000, WILL THE COURT CREATE CHARGE OVER MY PROPERTIES at the end of suit?

2) I have sold all my three properties during pendency of suit for maintenance. even after that Will the court still CREATE CHARGE over my properties? There was no injunction order when I sold the properties?

3) How is it possible to CREATE CHARGE if the ownership is transferred to some one?

4) what is the necessary to CREATE CHARGE when I have been paying her monthly maintenance?