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Member (Account Deleted)   09 November 2014 at 04:43

How can closure of case below by complainant be done earliest?

A 5-seconds incident, that may be called "male wArdrobe malfunction", involving no physical touch, when i wAs getting down from my upper berth, on 4.12.13, on a train led to my then complainant, S'kA, now probably friend, registering FIR vs.me in Ajmer,2000kms from my residence. Judge wont look at my repeated appeals by post to allow me to represent myself by myself, did not send summon to me and created crisis to force me to seek a second bail under grave threat, forcing me to hire LAwyer, due to fear of arrest; LAwyer had already taken 66% amount till the closure of the case, before getting me 2nd bail. S'kA made blunders. After promising not to appear in Court, she made a maiden appearance, on 28.8.14,and felt forced to record her testimony, as PW1, the only eye-witness for the Prosecution, not finding me there!And the Judge gifted my Rs.5000(Iam aged 67, with no pension) to her for my absence, for subsidising her transport!Next hearing, on 30.10.14, both of us skipped and the next one is fixed for 8.1.15. R(AvaN), fAther of S'kA is cagey about how and why he is particular and sure of closing case only at hearing on 8.1.15, and not before, by a written appeal to ACJM, a route that i feel safe, my LAwyer holding a tangential view that I better get an affidavit from S'kA, and use his friend in Jaipur, with new payment to JP-LAwyer, to move the HC to close case! Of course the ACJM, Ajmer has no habit of reading mail to him, even by recorded delivery, and has recently stArted returning my Speedpost letters to him. He even threatened me at 2nd bail hearing, I had no right to write to him, even if Iam 2000kms from him!I really wish this ACJM to recuse from my case, if at all the case has to proceed.Why is it that ACJM can be given a Stmnt. by S'kA, only on 8.1.15, in person, and not before, with her appeal being signed before a Notary near her home, to prevent further gifting of my and my only wife's(62) old-age fund to her for fresh transport with her team? URGENT ADVICE pl.More details in my blogsite at dhaamu.sulekha.com

himanshu   09 November 2014 at 02:59

Passport application as tatkal

Hi,
I have a query regarding address proof,Please help will it work during fresh passport tatkal application??Rest my all documents are complete:-
I have these documents only for address proof

My permanent address is in village of Uttrakhand where only my grand mother lives( voter card and aadhar card)

For My current address I have
rashan card,
electricity bill(In fathers name),
mine private bank AXIS BANK statement (with current address),
fathers psu bank passbook(with current address)
My father is defence serving personn so we often change home current address(This time Dad is posted to chandigarh,Where we live in our own purchased flat.Rather than govt flat)


I have a pancard,driving license(with some other address),birth certificated rest all documents

Please help me

yatin shah   08 November 2014 at 23:56

adoption

respected sir

I had adopted a child which was 11 months a baby girl i had signed a foster care custody with the shishughrah n the girl is with me since last 4 month within how much time n where should i file the application in the court to avail the legal custody of my adopted child . is it from the city where the shishugrah is or where i am staying

T. Kalaiselvan, Advocate   08 November 2014 at 23:49

Appeal against dismissal of ea in consumer forum

Dear experts, this is my own brief. In my client's consumer case against LIC and District Cooperative Bank claiming insurance money on the death of cooperative printing press employee while in service, the District cooperative bank which did not remit the insurance premium deducted from the employees' salary to the LIC under group insurance arrangement for months together, rejected the claim money of the nominee of the deceased quoting some flimsy reason without consulting LIC at all. The nominee approached consumer forum which after proper trial held that both LIC and cooperative bank are jointly and severally liable to pay the complainant insurance amount of Rs. 1,00,000/- along with interest @ 12% per annum from the date of complaint. Subsequently, after six months, my client's previous counsel filed EP claiming the award amount with accrued interest. During trial, LIC promptly paid the insured amount of rs. 1 lakh, whereas the interest amount was not at all paid by either of the JDs, but by mistake the previous counsel endorsed FS on the docket of the memo filed by respondent (LIC) whereas in the inside of the memo, he clearly mentioned part satisfaction and received Rs. 1 lakh. But the forum terminated the EA erroneously noting the full satisfaction endorsement on the docket of the memo. This case was referred to me wherein I filed another EA claiming the interest amount alone but the court/forum dismissed my EA stating that the EA has been terminated hence not liable. Now can I prefer appeal against the dismissal of EA or revision before the state commission? or whether to challenge the order on the previous EA which was erroneously terminated without going through the complete facts of the case. I am ready to clarify any questions raised on this query by experts.

Manoj Kumar Roy   08 November 2014 at 22:42

Crp

Cross examination was closed on the ground of various adjournments. aggrieved by this filed a CRP in the High Court. is this petition maintainable under civil law if not explain with leading citation.....

RajaRajachozhan   08 November 2014 at 22:38

Joint development agreement

The owner of a land has entered into an Agreement with a Builder for development of the property - to construct multi storeyed apartment on joint venture basis. They enter into a Joint Venture Agreement.
Query 1. Whether the deed of Agreement has to be Registered ?
Query 2. If not Registered what are the legal complications that the buyer of the apartment may face?

DKTAZILANOM9909   08 November 2014 at 22:02

Can we spend more than 50% money of our union fund?

Dear Sir,
We are the members of a registered trade union under The Trade Union Act , 1926. We have general funds of the union of few lakhs. Recently we have decided to celebrate the foundation day of our union in December, 2014 where we want spend more than 50% of our fund in the form of gifts, community lunches etc to our members. Some of members have raised objections that this huge amount of money can be spent as it is violation of sec-15(j) of The Trade Union Act.
[ sec-15(j)- the payment, in furtherance of any of the objects on which the general funds of the trade union may be spent, of contributions to any cause intended to benefit workmen in general provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the trade union during that year and of the balance at the credit of those funds at the commencement of that year;]
Sir Kindly advice us whether spending of more than 50% of our fund in the form of gifts, community lunches etc is violation of sec-15(j) of The Trade Union Act.

Regards,

Sankar

Ashraf iqbal   08 November 2014 at 21:33

Talaq e baain

I ask this question for a friend of mine. He had married a women who was married twice before. She had a son 10 years old from her 2nd marriage. He adopted the child verbally ( no written adoption done) when i say adoption it does mean in literal sense. He said he would take care of the child as his own. But after couple of months his relation with his wife became very troubled. She has thrown his items out couple of times from her rented house when they had fights. in short it reached a stage where he understood that it was impossible to carry on in that relationship even though he did whatever he could.He reached a stage where he had to go and see a phycatrist because he could sleep well. Now at this he was suggested by friends that the best course would be to separate if the relation cannot be mended. He went to kazi who suggested that talaq can be performed but he has to be sure of his decision. he was sure and did not need any more time to think because he was very sure that the relation was damaged beyond repair. He performed talaq in presence of kazi and two witness and it was send to the lady with the meher amount and three months expenses (DD). it was sent by post and proof exists. The lady has received it and is not accepting it,though the kazi says it is final (talaq e bain) as it is said three times in the talaq. She is now challenging it in court. Is it a valid talaq. Because after the talaq he was feeling much mental peace but this new thing has come up. She is also asking for monthly expenses for her son, though she is at the same time fighting a case with the biologic father of the child and trying to extract money from that side also. Kindly help in this regard. Can some one give references of supreme court where talaq e bain has been up held.Kazi holds his ground calling it a valid talaq

Sheetal   08 November 2014 at 20:28

Evidence for vexatious litigation

Sir,
If a person brought a legal action which is regardless of its merits solely to harass opponent. That is to say filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother and annoy to opponent merely with intend.

So pls reply how to prove ;


1) Abuse of the judicial process.


2) Which types of evidence required to show it is Vexatious litigation


3) Admission of concerned affidavit in the court is sufficient for that.


Please give me reply as soon as possible

Thanks

RK YADAV advocate,09899944433   08 November 2014 at 20:00

christian divorce on desertion ground

What is the criteria for jurisdiction in divorce cases for Christian on ground desertion.