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shahid hussain   17 March 2015 at 16:13

Police enquiry not complete but got summon from court to appear

Hi
I am member in this prestigious club since 2011.Thanks for all your suggestions and legal guidance.
Since my brother-in-law lost child custody case he freshly filed a case under section IPC 324 and 506 on me alleging that i attacked him and threatened to kill him.
He filled an FIR. But i received summon from court also.Upon enquiring in Police Station they said they did not even complete the investigation.
What is this process and now what to do?
Kindly suggest.thanks.

Kartik Sulm   17 March 2015 at 15:53

Maintenance case

pravin   17 March 2015 at 15:38

Domestic violence

my wife filed false 498a on me and my family members in which i got acquittal. now she has also filed dv against me, 498 and dv have contradictory statements like in 498 she said for 1 month i got good treatment from husband and in laws but in dv now she is saying after 2 day of my marriage i was badly treated. like wise many contradictions are there will it be helpfull and when it should be used in case.

Rajinder Singh Bhalla   17 March 2015 at 15:00

Section 20 of the negotiable instruments act

Is not applicable in case of blank cheques given without writing a date across it.

If the proper stamp duty is paid - is fulfilled only if date is put on the cheque and it is current dated - since a cheque can not be issued which is not payable on demand as per definition of cheque.

There is stamp duty on bill of exchange which are not payable on demand.

Stamp duty will be evaded if cheque is made payable in future.

PRADEEP SHAW   17 March 2015 at 14:57

About 498a

Sir,
My wife filled a flase 498 A case againt my mother and me after 2yrs of marriage , and she lives in Jharkhand an I live in Kolkata. Her family is very dangerous like criminal back ground. I want to know that if I go there to attend the case will their family can harm us by any criminal action like murder or fighting etc etc. If yes then what should I do at that time and save for us.

Rajinder Singh Bhalla   17 March 2015 at 14:51

The meaning of presumption in sec 139 of negotiable instruments act

The meaning of presumption in Sec 139 of Negotiable Instruments Act

Looking at the decision on the above point, I can not help but ....

If there is evidence taken in the case and it is not proved by anyone whether there was any existing debt then presumption will be drawn.

But if there are statements made by both parties in evidence and the court comes to a finding that there was no existing debt.

Then there will be no presumption.

The meaning of presumption as given in dictionaries as -

1) an idea that is taken to be true on the basis of probability

2) In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption include a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebuttable or conclusive presumption.

In view of the above meanings of the word presumption - does any of the SC or HC decisions hold good.

Rajinder Singh Bhalla   17 March 2015 at 14:45

Jurisdiction in cheque bouncing cases in view of august 2014 decision of sc

Jurisdiction in Cheque bouncing cases in view of August 2014 decision of SC

Section 182 is applicable to decide the jurisdiction of the court.

But SC did not consider section 182 of Cr.P.C. at all.

How can that decision of the SC be changed.

Rajeswariii   17 March 2015 at 13:57

Pursing law

Sir, I have no formal education before marriage but have completed BA in Distance Mode. I have no regular study like normal 10+2+3.Now, I want to pursue law course. Please inform me the institutions offering law course for the students like me (Especially in Andhra pradesh & Telangana)

ashish   17 March 2015 at 13:24

Motor accident claim

SIR,
after panalised under IPC 279/337 by fine. can driver of driven bus loss his service automatic or we have to file case for the same.
Thanks,

ASHISH

rishi arora   17 March 2015 at 13:21

Tax on property gift

Dear Sir, I own a flat jointly with my sister. Now she wants to gift me her share in the property. Is this gift taxable given that my sister is now married.