Victor Khanna
09 February 2015 at 22:00
Dear Expert,
A false & frivolous criminal case has been filed in the Magistrates court. The accused are senior citizens and the complainant is their son. The complaint is u/s 420, 406 & r/w34 of IPC.
The judge has issued asked the local police station to investigate u/s 202. As usual the police have filed their report without going into any detail and hazily confirming the complaint.
The judge has taken cognizance of the complaint and issued summons to the accused. The evidences submitted along with the original complaint are totally bogus and in no way connect to the complaint.
At present the court is recording evidences before framing charges. The complainant has stood before the judge & given his evidence. He is the primary witness and has given his evidence. The story narrated by the complainant is absolutely farcical and has no material evidences to support. In short it is merely an unfounded allegation.
I would like to know if we can we file application u/s 245 and or u/s 258 for discharge and acquittal before court? How does the court treat such kind of application? Any important suggestion how senior citizens can get relief from undue harassment?
I would like to know if the complainant has filed case u/s 420, 406 and r/w34 and for which summons have been issued; is it a summons case or warrants case? Can we file discharge u/s 245(2) & u/s 258?
Your valuable suggestion will be highly appreciated.
pravinnavamoney
09 February 2015 at 21:40
Dear Learned Friends,
What is the Liability of a Managing Committee of an Residential Building registered under the Maharashtra State Co-operative Societies Act in the below case.
The Residential Building is a 3o year old structure. The Managing Committee had passed a resolution for installation of lift in the premises. Which was approved by at the Extra Ordinary General Meeting of Members. Structural Engineer was appointed to conduct an audit of structure and the report was submitted to Mumbai Municipal Corporation (MMC). The MMC based on the report granted license (Noc) for lift erection.
The lift Shaft construction work stated. While digging on the inside of the building for creation of shaft it was observed that there is a beam in that place. The structural engineer is thinking of removing the beam by constructing alternative support and go ahead with the shaft creation and subsequent lift installation. What if the building collapses due the structural alteration?
Who is responsible?
Please support with Section no. of applicable Law and Case Laws if any.
Professionally Yours,
CS Pravin
gurudath
09 February 2015 at 21:32
Dear sir,
Whether I have to pay full stamp duty on rectification charges for following changes.
1. Site measurement reduced from 60x40 (2400 sft) to 40x40 (1600)
2. In the schedule part all the four direction will going to change. Please help me out.
sandip
09 February 2015 at 21:14
Dear Sir,
A fight occured between me, my family members and my neighbour over a common passge. The passage is a joint property which is held by 4 parties.one day some my father was carrying something.then my neighbour told that some water is fallen by you. clean it. Then my father cleaned it.After that they started abusing me and my family member when i protested they voluntarily bitten me,my father,sister and mother.Then other neighbours rescued us from that place.After that incident we went to police station lodged F.I.R with medical records.My neighbour also went to police station and lodged F.I.R also against us.Police had filed case against us under
341,323,325,379,506,34. Afetr that we had surrendered in the court and got interim bail of 14 days further the bail was extended by 5 months.My question is that what will be the fate of the case and and
how long it will continue till sentencing.
Ramesh panwar
09 February 2015 at 20:44
hi sir, a petition under dv act was filed by the lady/petitioner/wife before the judicial magistrate. during trial she moved a application under sec 21 for the custody of a male child and the same was dismissed looking to the welfare of the child. aggrived by the this order she/wife filed an appeal before sessions court and that was allowed and custody was handed over to her from husband. feeling aggrived by this husband filed a revision before honble high court and the same is allowed as the order passed by the magistrate and the session court are null and void. now husband filed a application to regain the custody of the child as the custody given by which order is illegal and he regain it or can the judicial magistrate order to regain custody.
Rajendra
09 February 2015 at 20:14
Dear sir/ Madam ,
My great grand father has one daughter and 4 sons. My father is one of the son to my grand mother. she died 20 years ago. Till now ( from past 10 years) we are residenting in place which was given by my great grand father to my grand mother orally. now suddenly one of my uncle ( grand son of my great grand father) quarrel with my father for vacating the place immediately. Now my father is planning to file a suit against him. Is my father get any rights on my great grand father's property?? My uncle said that my father wouldn't get any right on my great grand father's property as he is son of my grand mother(lady). Now we are in trouble because we dont have any documents .But we are in possession in same place about 10 years. In revenue fair adagals also 4 son's ( great grand father's sons ) names are available but my grand mother's name is not there. MY uncle had only Fair adagal (RSR) copy no registration document is available with him. 1.Pleas explain me the rights of a daughter on his father's property ?? 2. will my father get any right on my great grand father's property? ? 3.If we file a suit against my uncle will we get property rights? ? 4. is revenue fair adagal (RSR) copy will give full rights on property pls explain.
Thanks
sekar
sarma viswanadha
09 February 2015 at 18:24
Dear Sir,
I had booked three tickets from IRCTC site on 03.11.2014 through IMPS P2M Pull Transaction (mobile banking) mode. And cancelled same and partially on Dt. 24.12.2104, 27.12.2014 and 02.01.2015. IRCTC accepted all my refunds 2days after my cancellation. Usually the amount credited in bank account within 7 days. But the amount not credited in my account even in 10th day. Then I call the banks head office and explained the situation, they credited the amount that day night (07.01.2015). Then I found that one credit is missed. Regarding the missing credit I requested through email and phone calls. I escalated this issue to CCSO of the bank. He advised the concerned dept. to send interim reply to customer. Then the concerned dept sent a reply to me that “This is IMPS P2M Pull transaction. Unless we receive funds from SBI we are not in a position to resolve the issue. The time limit to represent the issue with NPCI is 60 days from the date of transaction and hence there is no provision to lodge complaint in the system after 60 days. In the present case Customer done transaction on 03.11.2014 and cancelled ticket on 05.01.2015 system is not allowing. Hence we have escalated to NPCI and pursuing with NPCI for early resolution. This is for information”.
Till the date I didn’t get that refund. And I even understand who is the responsible one my Banker or IRCTC or SBI.
In the above reply he said transaction on 03.11.2014 and cancellation on 05.01.2015. But originally I canceled on 02.01.2015 and IRCTC refunded on 05.01.2015. IRCTC is saying we already refunded ask your banker.
Please let me know sir how to deal this issue.
parth
09 February 2015 at 18:21
hello,
I am a practicing lawyer in Gujarat.
I filed Cr.Misc. Appl. before JMFC invoking D.V. Act and successfully got interim order in my favour. The Opponents challenged the order before sessions court but they failed. Now I apprehend that they might go to high court too. I want to konw, is there any remedy like CAVEAT? which will ensure my opportunity of hearing?
I think High Court might admit their appeal/revision and might grant interim or ad-interim stay on implementation.
Is there any way out?
jassarora
09 February 2015 at 18:05
Hi,
Wanted to get a name trademarked but the name is already trademarked in some other class, So, is it possible to register the same name trademarked in other class and there wont't be any objection from others?
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