prashant
19 December 2014 at 15:34
Tenancy right converted into ownership of flat under redevelopment plan whether it is considered as capital receipt or long term capital gain
sharmistha
19 December 2014 at 14:46
A registered society under Society Registration Act, 1960 declares the date of election, out of the 19 members 17 declared elected unopposed, 2 posts have to elected, suddenly some persons filed a suit for permanent mandatory injunction on it along with the stay application, trial court grant the stay application, other party filed appeal the very next day, on the day of 1st hearing in appellate court the judge was absent, the notified day for election gone, how the election now took place
Satyamev
19 December 2014 at 14:19
Brief :
1.Husband from U.P(Delhi NCR) , Wife from Uttrakhand. Where there is no provision of ACB.
2.Married in 2014 without taking or demanding any dowry , wife goes to parents house and takes all Jewellery along in 15 days after honeymoon abroad.
Keeps unrealistic demand of transferring property in her name and asks for 50% salary that is denied.
3.Wife and in laws go abusive and file FIR U/s 323,504,506,498A,3/4 DP.
I realize that she is a changed lady and not the one I knew for sometime before marriage. She changed overnight and turned out to be extremely vulgar , arrogant , abusive .So did her family.
4. Woman Helpline counselor was unbiased therefore report goes in favor of boy party which is unusual but still FIR is registered through manipulation and investigation starts.
Also includes cousin sister as accused who does not live under same roof.
5. Lot of manipulation happens in the investigation as her uncle is a MLA on which I kept a close tab.
IO was bluntly behaving like complainants witness
Investigation protocols & procedures are challenged by the accused through thousands of RTI Applications on Police Authorities ,finally the investigation is transferred to a trainee IPS Officer fearing my retaliation on their department.
5. Investigation is done and 323,504,506,3/4 DP is removed from the FIR , and cousin's Sister's name is also removed and charge sheet is filed in the court which does not mention any commission of offence by the boy party(Husband,Mother,Father)but we named as accused.
Rather its mentioned that girl has submitted fabricated evidence of Medical examination and about the crime scene which has been countered by the accused through counter evidences.
But still the charge sheet is filed in the court U/s 498A without commission of offense along with girls 161 CRPC statements.
5. IPS Officer says he has limitation and even after knowing that me and my family is innocent he cannot cross certain boundaries of Policing and put FR but he has done whatever it was in his capacity after seeing my evidences.
6.To revoke the arresting stay of husband & in laws given by HC, wife files counter affidavit with false annexures of false Medical Docs which the hospital confirms in writing upon sending legal notice by the accused that its forged and fabricated and the girl in so and so name was never treated by them on that date at any given time. Also mentioned that the Hospital pad is fabricated.
7.Husband files rejoinder affidavit along with the annexures relating to false evidence given by wife in HC-counter affidavit but same day charge sheet comes and the Writ is disposed as it is for Quashing FIR and retaining Arresting Stay.
Hence Writ was disposed.
8. Lawyer says will file Quashing of Charge sheet in HC or SC if failed in HC once certified copy of Chargesheet is received as it has very good chance of quashing , also it will give me relief in all other false cases filed by my wife for DV , 406, 125 , 24 as her base is her False FIR U/s 323,504,506,498A,3/4 DP out of which only Charge-sheet is filed u/s 498A without commission of offence but keeping me and my parents as accused for formality.
Query :
It's tentative that Quashing of chargesheet U/s 498A may happen or may not happen.
If it does not happen then can I still file a single FIR under various sections in my home town U/s 182CRPC ,420,467,468,471,120b(Forging and fabricating documents as indisputable evidence is there which the girl cannot prove wrong)along with U/s 406 for taking away jewellery for which we have photos that we gave in wedding , and U/s 500 ( Criminal defamation ) as she has sent many emails to my office HR and colleagues accusing me of all wild and absurd allegations that no truth in it and her FIR ingredients are based on that as well.
Please suggest as I want to get her punished on a serious note.
My previous threads
http://www.lawyersclubindia.com/experts/Quashing-of-323-504-506-498a-3-4-dp-508276.asp#.VJPMgusOA
Sir,
i have registered a property with two persons signed whereas three persons are involved as per the parental document where the third person is missing from the village for the last 20 years since registration he has not returned back so for.
But i would like to take the legal opinion, for bank loan for house construction as it is not getting cleared legally by the lawyers .
How can i come over this problem please?
Kindly advice what can i do ?
EZHILARASAN M
19 December 2014 at 12:29
Dear Sir,
I am a just finished and enrolled as an Advocate from chennai. One of my known company approached me regarding the following issue. They have some complaints against their company name registered by some anonymous users in the online forum which is not true. If there is any actual issue with its customers, the company wants settle the issue. But, it seems that complaints are registered with intent of defaming the company and it's reputation and it is badly affecting the business.The complainants have not disclosed their identity in the online forum. When we approached the website company, they are demanding money for the removal of the complaints which is not fair.I need advise from my senior advocates for removal of complaints.
I request the experts to guide me on this.
Regards
Ezhil
Anant
19 December 2014 at 01:36
Hi expert.
You are requested to provide your advice on following points
After her first desertion i had sent legal notice to her to join, on that she joined me after two months.
We leave in rented home for six month away from my parents. again she deserted and her desertion is continued
In her application she have hide her second desertion and filled DV on basis of first desertion and attached my legal notice to her DV application.
The DV case is filed under pretext of false allegation of giving dowry & gold in marriage, thrown out for dowry demand, visiting my place (which she did not) and me not allowing her entry in house.
My lawyer has put up very weak argument in WS. There are very important points that he did not highlight. My lawyer also hide her second desertion and stay in rented home. I request him to add these points, but he told me that this point will backfire on me and domestic violence will be proved. Is there any way where I do not disturb him at the same time convey to the judge that I want to withdraw WS and file fresh WS.
or any provision to file another WS in addition to first WS
Is there any provision to approach high court instead of session court in case to challenge the interim order of trial court.
On her false allegation can I file defamation against her? what is right time to file the same?
Is it reasonable to file DV on her by mother/sister?
Is it reasonable to File DP 3 on her?
Please provide your valuable suggestion on above points.
Thanks and regards,
Victim of DV
Sachin manjarekar
19 December 2014 at 00:01
Dear experts.my wife has left my house with my son who is 2 1/2 years old now.I tried to visit him at her place.but she went to police.police forced me to come to police station and warned me that they will arrest me and my parents if I try to go there to meet my son.can they do it.is it legal?
Anki
18 December 2014 at 23:56
I teach art on small scale. Art includes... drawing, painting, etc and sale them too but no bill is issued.
I take special handwriting improvement classes
And I am graphologist. I have no degree or certificate of that but I have developed from my passion and practising from last 8 yrs. Now i am starting coaching centre for students of commerce and std 4th to 10th. I want to know is registration is compulsory? As ITR is to be filed only after income extends limit of . minimum income not chargeable to tax.
P.s. asking for Maharashtra state.
Dv and false affidevite...
one more query...pls guide me...
My wife fill 498 and dv agst me and my family with componsation of rs 20 lacs..i have not personal such amt.
on dv can she claim that amt from my parents..??? and i have many loan on salary...will court give maintenance per month on my income after deduction of my loan installment???
she left home with all her gold ornments...but she claim on me now..how i proove that she left my home with her gold ornaments...???
Second Important quary...
she is doing job but in dv application in court(which court given me)she mentioned she is housewife not getting any income..
can i complain in police station for her false affidavite as false affidevate is offence???...or can give application to court about this false affidavite in court hearing...