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thirumalaisamy   28 October 2014 at 14:40

Loan

what is the procedure for loan giving to friends

shitalgarud   28 October 2014 at 14:36

Divrse

i am married in feb 14. mere husband n family walane muje mara on 1st oct and muje mere father ke ghar bhej diya. My father n mother was out of country. he just came yesterday. can i file domestic violence now. my husband said he file diverse against me. yet no any case is file on my or his side what i do

Sanjay   28 October 2014 at 14:00

Verdict: multiple (three) dying declarations and section 302, 498a and 506 ipc

The case is of multiple dying decelerations,

First "I was cooking food in kitchen, my clothes caught fire, I shouted and my husband came from other room and extinguished fire with help of water bucket and brought me to hospital" This statement is given in presence of IO and Medical Officer who gave MLC and mentioned the same on it.

After three days the other statement "on the day of incident my husband was quarreling with me since morning and at at 12 noon when I was cooking food in kitchen he came there and poured kerosene oil from cane and put me on fire he waited until I was burnt 70% and then poured kerosene oil on me.Some people gathered around my house I asked them to help but they didn't helped me. My husband threatened me not to disclose this to any body otherwise I will cut your children like a goat. that is why I gave the first statement."

On the above statement case U/S 307, 498a & 506 were registered.

During process of investigation the husband also tried to burn himself on the same day at about 8pm. A separate case U/S 309 IPC was registered against him.

One of the witness disclosed that she was sitting with the deceased on the day of occurrence and she had cooked all food in kitchen in her presence and her husband was not at home till 12 noon.

Police again went to the deceased and she changed the statement "I and the witness (Who was present with her) were sitting in a room outside. My husband came from market at 12 noon and the witness went away. My husband was drunk, I told him to rest he said I will make you rest and went to kitchen and brought cane of kerosene and I was shocked as i never expected that from my husband he locked the room and poured the kerosene and let me on fire.My husband threatened me not to disclose this to any body otherwise I will cut your children like a goat. that is why I gave the first statement."

The second statement is also given in presence of Medical Officer but MO has never examined the descended and when she was admitted in Hospital.

There were two compromise statements of quarrel between husband and wife which was not being put into record but police has attached both with charge sheet.

There is also negligence of recoveries as recoveries are not valid.
Mother of deceased stated that Her husband suspected her and gave her beatings, she disclosed that she was put on fire by her husband at kitchen ... the second statement which is also not same.

Brother of deceased stated that her husband used to give her beatings and she was put on fire by her husband in room...the third statement.

There is also video of third statement but statement is not given in front of IO or any Medical Officer.

There are 32 prosecution witnesses and 1 defense which was at hospital with deceased at time of second and third statements stated that she was tutored by her mother in my presence to give statements against her husband.

There are no any other quarrel between both husband and wife after compromises.
There is no medical examination of deceased that she was being beaten by her husband.

The witness who was sitting with deceased in third statement given by her died before trial.

The second statement is being put on charge sheet as true but the third statement is also there but first statement is not in charge sheet only police report is there for same.
There are no any medical records except MLC and the autopsy report which states that she died due to post burns, Shock, MODS.

Other neighbors of deceased and mother in law which of deceased stated that her husband and she lived peaceful and happy life and never quarreled where as her mother in law which was also prosecution witness also disclosed that the deceased mother often visited at deceased house and forced my son to work at some other city and reported false complaints against him by tutoring deceased.

There are no any other spot witness.


What Can be Verdict?

Please Answer

The person is convicted for the term of life .......... however I will narrate it in depth.......how the things are being modified to convict an innocent person.

shitalgarud   28 October 2014 at 13:53

Diverse

can musalim husband give diverse from his wife just saying talaq.

can maintainance is applied to musilm wife

Adv M.D.Azhar   28 October 2014 at 13:44

About no due certificate from the bank

Sir, Can any bank can deny to issue no due certificate? sir my grand father had a agricultural land and we also took some loans over the said land. Now the property has been divided among the brothers. So the loan which was taken by my grand father, still shows the entry of encumbrances. Which has been recently paid by all of us. Now every one has individual account but due to legal land revenue procedure entires of encumbrances is still sows in land revenue records. So my father has applied for the agricultural loan (crop Loan) so the bank said u have to get no due certificate from the concern bank. so i went to s.b.i. bank from where we had taken loan before and asked him to issue no due certificate on the name of my father. so the manager has replied that, we have already issued no due certificate on the name of your grandfather. so there is no need to issue other one. But the bank from which i have applied needs no due certificate, so i asked manager that i am ready to file the affidavit regarding the loans. yet he said as per the procedure no due certificate has to be produced. Now I complain to the AGM of s.b.i. that please issue the N.D.C. that is required in the bank where i applied but he also saying that, we can not issue the no due certificate on the name of my father, the land is now on the name of my father, sir please help me out, is there any rule and regulation regarding the said issue? How to deal wit the said issue?

Jeevan   28 October 2014 at 13:38

Crpc 256 or crpc 482 or crpc 483 ?

I am applying for speedy trial and quash petition in Karnataka HC for 498a case going on from last 7 years and wife not appearing at all. Almost 3 years after charges were framed.

I was told by lawyer that quash is not applicable after charges framed.

Can you guide me the right crpc to be used for speedy trial, crpc 256 or crpc 482 or crpc 483 in this case

Thank you

Member (Account Deleted)   28 October 2014 at 11:14

Car accident

Dear Sir,
I want your valuable advise on below enquiry.

This happened on 23rd Oct a car hit our car standing idle on road side. The owner/driver of the car agreed to pay whatever the expenses to get repair our car but after Diwali.

Now he is refusing/ignoring and paying Rs. 500/- however the tentative expense is about 15k to 20k

Kindly advise how can we proceed. Can we loge FIR after 4-5 days.?

Regards

VIVEK MEHTA   28 October 2014 at 11:11

Mining operations on agriculture land

Dear experts,

A mining company(Public sector) wishes to start mining of mineral on agriculture lands in the state of Gujarat.Is it possible that instead of purchasing the agriculture land, it can take the land on lease for mining purpose for a period of time (say 10 years) and after extracting the mineral and rehabilitating the land by making it again suitable for agriculture, return to its owner?
Alternatively, is it possible to convert the agricultural land to N.A. purpose (mining in this case)and return to the owner after converting it again to the agricultural land?
Please advise at the earliest as the matter is urgent.

Best regards.

Kumar   28 October 2014 at 10:59

Second illegal marriage

Dear Experts,
I am a Hindu and have done 2 marriages. But with the consent of both the wifes.

Second wife was also aware that i have not divorced earlier wife.

But now due to temperamental issues, that second wife has blamed me on ipc 376/420/495.

Now if i have a written proof that i told her about my earlier wife and she did not show any problem with that, is that case will be accepted by the court.

How should i proceed?

Vijay Das   28 October 2014 at 09:51

Police verification

Dear Sir,
I am a GDSMD of Indian Poatal Department. A man from district head quarter of police came to my house and said your police verification is going on. He told me to ready some documents and call to him. I saw my file in his hand which i submitted to my office before joining. He also ask for rs 2000. But no case is held/pending against me. So that I do not wish to give him this money. Is that essential or not? If I deny to give this ammount, will it be harmfull to me in future? He gave his phone no to contact with him. What can I do please help me sir.