Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

crusader   12 February 2015 at 19:13

Relevance of crpc 41(1)b after ab getting rejected from session court judge

Dear learned Seniors,

Application for AB has been filed in the
the High Court after rejection in the session court. And, date for hearing is not known at the moment. During this time period, can the police take the accused in the custody?

After the SC judgement of Arnesh Kr. Vs State of Bihar, police is still not following CrPC 41 and yesterday they came to my house looking out for me alongwith one of the girl's relative.

Kindly, let me know the precautions to be taken from getting arrested before the commencement of the hearing in High Court.

Best Regards,
#false 498A Victim

bhavesh   12 February 2015 at 19:09

E-stamping or stamp frankind validity

is stamp franking valid for making dastavej ?

sunil attarde   12 February 2015 at 18:37

Property between partners

my father purchase 7000 sq feet plot with 4 no other partners. on purchase deal clearly mention plot of area abcd 1A of 2500 sq feet is buy to my father and remaining cdef 1B of 5000 sq feet other 4 no members.
now all partners decide to construct our own property in their respective areas and remaining all vacant plot they keep as common use for all 5 no members.
now all other 4 no members sell plot to builder for redevelopment but i don't want to redevelope my area. as per city survey plan they devide property in two part 1) my fathers plot area and 2) all other 04 no member area.
my father leave free area from all 4 side of my building.now this builder said my area as common land area and plot also common plot so he is going to construct new building very close to my building i.e. only 3 feet away from my building wall. also told me he provide me 10 feet open to sky approch road but not shown on his new plan which he recently passed.

please suggest me how i save my vacant area which mension on city survey as common use area and mentioned all parterns name on my vacant area.

Satyamev   12 February 2015 at 18:24

Stay on chargesheet and quashing is stuck in tricky situation.

My wife of 15 days filed a Dowry cause u/s 498A,504,506,3/4 DP for which the impunged chargesheet was filed against the husband and his parents.She was actually a fraud who came with wrong intentions that we failed to understand.

I filed two petitions under 482 for stay and quashing for which I approached High Court and took Stay on Chargesheet for parents on very strong merit grounds but in my 482 petition the opposite party has asked time for filing a Counter Affidavit opposing my Stay and the next hearing is listed on 23rd Feb but the lower court had issued BW in the first appearing date on 3rd Feb and the next date is fixed on 26th feb in the lower court and if I don't attend it , the court will issue NBW. Moreover there is no guarantee that high court will give stay on 23rd Feb as the bench on that day as the bench is pro woman.

They are unlikely to file Counter on 23rd Feb as my grounds for Stay are extremely strong which actually cannot be countered, but playing delay tactics they will ask for more time and the petition may not be disposed off on 23rd Feb itself and next date would be given for listing but no relief would be given as the Bench is also not in favor of husbands.

I wont get regular bail in lower court because of my wife's family political influence in her city.

If I don't get Stay on 23rd Feb I have to attend date in lower court on 26th Feb and I will be arrested else NBW will be issued anyhow if I don't attend the court on 26th Feb.

Please advise a way out, no way I want to get arrested.

Is it possible to move a seperate bail application in high court for directing the lower court to grant bail even when the 482 application is pending in the high court. My high court lawyer says the court will not give you both the releifs, which i am unable to understand.


SURENDER REDDY   12 February 2015 at 17:46

Home loan

Dear Sir/Madam,
I have a home loan in a private bank. since last 4 years they were bounces and I have cleared them. In the year 2013 i had bounces in August, november & December. And even in 2014 they were bounces and i have cleared some.
In 2015 the outstanding was around Rs.1,07,000/-. They asked me to pay Rs.50000/-. I told them clearly that i can pay 25,000 in jan & 25,000 in feb. But due to there force i have given them a cheque for Rs.25,000 & paid Rs.25,000 cash on 31st jan.
Even that cheque was bounced. I have asked them to give me time till 14 Feb so that I will pay 25,000 cash. But they are not listening to me. They are saying that they are issuing a demand notice and will issue an advertisement in the newspaper.

Myself a lady customer to the bank. I have been answering their calls, giving up to date communication. Asking them to give some time for the payment of the due amount. I have some financial problems that is the reason i couldn't pay them. But they are not listening to me. There is an officer from head office who is very rude & calling me continuosly and harrasing me. Not even listening to my problem.

So sir please help me in this issue. Is there any way to stop the process & take some time for the payment? I dont understand a thing why they are so rude and not even listening to me? Im paying them slowly the due amount. Im asking for some more time. But they dont.
Please let me know what i need to do. They said they had issued a demand notice today morning & will be issuing an add in 2 or 3 days in the newspaper.

Baiju Mehta   12 February 2015 at 17:46

Book or ebook in gujarati for city survey rules and regulation.

I would like to buy Book or Ebook in Gujarati for City Survey Rules and regulation. Please inform from where I will get this.

Thanks

Manish Pandey   12 February 2015 at 17:37

House owner is not giving advance amount in bangalore

Hi Respected experts,

With due respect i want your expert opinion on my problem.Me and my family living in rented house in Bangalore.My father is in army and he is posted in Sikkim.We vacated our previous rented house in 5 and a half months due to health problem of my mother and transportation problem. We have given advance payment of 75000/- by cheque.8500/- was the monthly rent which was submitted to the owner every month before 5th.Electricity and water bill are paid before vacating the house.According to the agreement both the parties agreed on the 10 points.Pics of the 10 points are enclosed with this query.
Owner told us that he will give our advance after one month and the half rent of September (because we vacated the house before 15th of that month) because we didn't inform him two months before vacating the house.So we told him okay no problem we will take after one month. Then after few days later he told us on phone that he will deduct and give us only 59000. We agreed on this also because my father was not here and the owner has lots of contacts in Bangalore. Local people told us don't argue with him on this matter, take whatever amount he want to give. But now after approx 5 months he has not given one single rupees.

Now please look into this matter and suggest me what I can do now.


Thank you.

Jayasheela   12 February 2015 at 16:16

Whether court fees of rs.75000(maximum) is to be paid by women in mumbai for filing probate ?.

Whether Women are required to pay Court Fees of Rs.75000 to file Probate/Letter of Administration in MUMBAI ?. 1.As per National Legal Services Authority New Delhi and under Section No.12 of the Legal Services Authorities Act,1987" all women are entitled to avail free legal services irrespective of their income". 2. Further as per Maharashtra State Legal Aid And Advice Scheme 1979 Point No.66. Mode of Legal Aid-- " Legal Aid may be given in all or any one or more of the following modes namely:- (a). Payment of Court Fees, process fees, expenses of witnesses and all other charges payable or incurred in connection proceedings ; etc.....". 3. In MUMBAI generally Court Fees of Rs.75000 (maximum) is payable for filing Probate/Letter Of Administration in respect of Property situated in MUMBAI. Under these circumstances kindly clarify the following. (A).Whether women in Mumbai are exempted/not required to pay this Court Fees of Rs.75000 in Bombay High Court ? (B).If single application for Probate/Letter Of Administration is filed for 2 different Property in Mumbai by a woman, what is the Total Court Fees to be paid ?. Kindly treat this as urgent.
Thank You

Manoj Bansal   12 February 2015 at 16:05

Can i file anti dowry case on my wife

My wife has submitted in her complaint to commissioner office and police station(not converted to FIR) that she has given dowry in the marriage and filed multiple complaints against me like 498a, dv etc. Although we have never demanded any. CAN i file anti dowry case on my wife and her family members. if yes then HOW, WHERE and WHAT is the punishment she will get and under what section. It must be NOTED that the complaint given in the commissioner office was referred to the women cell and the compromise for divorce has already been made in the women cell regarding this. I and wife has written that we will not pursue or file any fresh case against each other before any authority. Although the compromise was under pressure and 2nd statement for MCD is yet pending.

reddyb   12 February 2015 at 14:28

Divorce filed and wife forcefully try to enter house

Dear sir,

My wife left me 8 months back with some attempts of suicide/ threatening.. Because she is having illegal affair before marriage. so lots of misunderstandings have been developed between us after marriage. we tried to compromise from police and also village persons ..but we didnt compromise....now after 8 months she tries to come forcefully to enter into my mother.father house who are residing in AP.
So i filed divorce petition in Karnataka where we last resided together under cruelty of wife. But i do not have any solid evidences that proving her cruelty.. Could you please let us know how long the case will run probably ?? and also what is thr probability of dismissing of my case...??
please advise as i cant live with her as she always threatens me that she would die..
Thanks..