shitalgarud
28 October 2014 at 14:36
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
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
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
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
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
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
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
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?
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Promissory note suit
Respected Experts,
Promissory note was executed undertaking to pay the amount with interest at 18% on demand. But, on its backside, promisor wrote that amount with interest would be paid after 18 months in his own handwriting and put his signature beneath it. Promissory note was affixed with Rs.1/- revenue stamp.
Basing on the said pronote I filed the suit.
Material averments in the plaint in brief are :-
"On dt.xxxx, defendant borrowed an amount of Rs.xxxx/- from the plaintiff and executed the suit promissory note in favour of the plaintiff in his own handwriting promising to repay the same with interest at 18% p.a. either to the plaintiff or to his order, on demand. He also endorsed on the backside of the said promissory note in his own handwriting that he would repay the amount after 18 months."
Now, defendant filed his written statement denying the signature and handwriting on the promissory note as well as of the endorsement on the backside of the promissory note is not that of him and that it was fabricated under certain circumstances by the plaintiff.
That material aspect in the written statement is "The suit promissory note is not a demand promissory note and it is a promissory note payable otherwise than on demand by virtue of endorsement on backside of promissory note. As such, according to Article 49 (2) of Schedule I of Indian Stamp Act, stamp duty is insufficient and hence it is not admissible in evidence as per Section 35 of stamp Act and hence, the suit is liable to be dismissed on this sole ground.
Now my doubts are :-
1. What is the effect of words written on the backside of the promissory note particularly with respect to deciding stamp duty?
2.Whether the words written on the backside of promissory note are part and parcel of the suit promissory note or can it be termed as different transaction?
3. Is there any way to get the suit promissory note marked without any objection?
I am very anxious of knowing the answers as you all knew well that suit will be dismissed if promissory note is not marked.
Pls clarify my doubts. Thanks in advance.