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Suresh Babu Rai   07 March 2015 at 09:45

Ni act.

Good Morning Sir!
That one of my client has approached me on 08.01.2015 and handed over me a cheque, returned unpaid on the ground of funds insufficient on 25.11.2014 as per memo issued through his banker. I have asked my client that the limitation in sending the legal notice is only a month from the date of returning the cheque and the time is from 25.11.2014 to 25.12.2014 as such re deposit the same to make up the limitation in sending the legal notice.
My client has requested me that though the period of limitation is over, he instructed me to send the legal notice on 08.01.2015 even after laps of 15 days as he can manage the situation and will get the amount from the accused. As such I have sent a legal notice after 15 days expiry of mandatory period. The notices were served on the accused, but they remained silent. My client stood hands up.
Finally I have lodged a complaint before the JMFC, but the JMFC has returned my complaint stating that “As per the Section. 138 9b) © of NI Act, this complaint is not maintainable, hence may return”. I have read and explained all these to my client even there is no fault from my side.
I request you to guide me that, whether I can explain the reasons for delay in sending the legal notice within proper time on the illness or any other ground to make up delay?
Thank you one and all!

sona   07 March 2015 at 09:01

False case against father in law, under sec354,

Dear all, please inform if a wife has filed a complaint against his father in law for ipc 354, for s*xually harassment,, and because of which his husband is also in custody of the same section. 354, I need to in which way case can be withdrawn from court, by husband wife. And what are the consequences when withdrawing case. And can the case be withdrawn ?, please inform in detail. Husband has the photos msgs, of wife, n her boyfriend , this is actual reason, but wife denying it, and saying they are just frnds, husband is genuine person, no points against him, because of which she is accusing father in law, so that she can get divorce. Please provide good advice. What we do, to win/ close/ quash the case.

vinodkumarverma   07 March 2015 at 05:47

Will deed format

need official format for will deed

Kittu   07 March 2015 at 01:20

Foreign mutual divorce- valid in india

Hi,

I got married in 2014 Dec and currently residing in US. My wife did not join me here after marriage and is currently in India. We registered our marriage under HMA.

We want to mutually divorce. If I move a petition in US and she gets summons in India, how can she ensure to respond to it in a way that such a divorce is accepted in India? Would she need to travel to US to ensure that she represented herself? Or is it that she responds via mail, agreeing to terms and conditions and then that is acceptable as submitting to jurisdiction?

shaik khaja moinuddin   06 March 2015 at 23:33

Request for filing case

I am Dr.Moinuddin S/o Shaik Rahamatulla from Bellampalli Adilabad-Dist. I would like to have some information regarding the following matter and appropriate remedy through you sir.

That my father purchased land in sy.no5/33peddanapalli village of Kasipet Mandal Adilabad-Dist to an extent of ac3.20 cents and got the land registered in favor of my father.subsequently he submitted the registered documents before revenue authorities at Mandal office and got his name mutated in the revenue records. After some time, the vendor of the land & his neighbor submitted a petition before the MRO stating that there is a discrepancy with Survey. No. of both the lands which were assigned to them in the year 1955. After considering the petition the then MRO conducted inquiry and field inspection and issued rectification deed. The rectification deed admits that the discrepancy of the sy.nos was a mistake created by former patwari in the year 1955-61 it was created due to the similarity in the initials of the assignees named T. Ramulu. . (Sy.No 5/33 belongs to Talla Ramulu & Sy.No 5/19 belongs to Togaru Ramulu in short both were written as T. Ramulu). Later after the issue of proceedings by the then Tahsildar the Sy.No s were rectified and ever since then, my father got 5/19 as his land Sy.no in the Mandal revenue records. Whereas the sub-registrar office at Mancherial was not informed regarding this rectification & as a result even today the Survey. No in the registered sale deed continues to be 5/33 in the records of SRO Mancherial.

As per the present situation, I would like to get the Survey. No from 5/33 to 5/19 regularized in the SRO Mancherial as per the revenue records, therefore my humble request to you is that can i file a WP before honourable high court by making Tahsildar Kasipet & SRO Mancherial as party to the WP and seeking direction to the SRO Mancherial to honour the proceeding issued by the Tahsil office Kasipet. I am requesting for such prayer since the irregularity was committed in the Revenue Department by the former patwari. Neither my father nor the vendor of the land committed the mistake. So I don’t want to make any other person as the party to this suit apart from both the Tahsildar Kasipet and SRO Mancherial. If you can suggest me for getting such direction from the Honourbale High Court, please let me know through mail. If I need to file the case in lower court i.e. civil court to get the title& rectification of survey number in registered document , I need to make the either vendor or his legal heirs as party to the suit for rectification ; due to the hike in the price of the land since the time of purchase some 25 years back, the vendors legal heirs are not coming forward to do that. So kindly guide me if I can take direction from high court by making Tahsildar & Sub Registrar Mancherial (SRO )
Eagerly waiting for your reply.
Thanking you Sir,
With regards

Amrit Dubey   06 March 2015 at 22:52

Muslim law and crpc related to maintenance.

Respected Seniors,

One my client (Muslim Male SUNNI)had married 16th Nov. 2008 (to a Muslim Female SUNNI). Just after marriage he came to realize/know that the girl is mentally unfit to live the marital life. The same was informed to the parents of girl next day. Wherein the bride's parents stated that it is just because of the change of place and she is mentally fit. But, yet after a month when the groom and his family member got to know that she is mentally unfit to live with a marital life. My client cleared his intention of not living with the bride and the same was conveyed to the bride family and the girl was sent to her Father's home. After that for four years she lived with her father with a hope that she would get fit for the Marital life as she was undergoing medical treatment. But when even after three years nothing changed my client gave a written divorce to her and the same divorce has been duly verified, registered and stamped by the city Quazi on 19.12.2013 as per the Muslim Law.

Now almost after 6.5 Years the bride and their parents have filed a case of 498-A IPC and for Maintenance under 125 of Cr.P.C. My client is currently residing in Bahrain from last 3 years and have yet not married.

My clients concern is that:-
1. whether the same kind of case persist still?
2. What could be the limitation for filing of these kind of case?
3. What could be the defenses available to my client?

Advocate.S.A.Siddiq   06 March 2015 at 22:25

Guardianship - court notice

In Guardianship case .... notice not send to respondent as per rules framed by madras highcourt. H4 notices are sent to the respondent.

Now respondent file the setaside petition with grounds of notice matter.

please explain the validity of notice.

salman khan   06 March 2015 at 21:39

Divorce by wife to her husband?

whether the wife can give a divorce to her husband if her husband refused for the same or vice versa.

pls. help

sumit   06 March 2015 at 21:33

personalpetsonal

Sir I m student of CA final may 10 batch still not clear .I marry last yr..also going to b father this yet recently working in co from 3 months in pune ...what to do I want to go back home and do business but family said stay in pune..also his to concentrate on study ?

hemantmehta   06 March 2015 at 20:56

Step son Can be successor of step mother indu succession act

Is step son can be successor of her step mother property under Hindu succession act if there is no will & Step mother's sister is alive & Property was in the name of step mother.

Request to all experts to resolve the query.