Sagar
25 August 2014 at 12:42
Dear Sir/Madam,
I am working person in Pvt. Company.
My wife was registered false domestic violence & 498, in the non-justification court to harass me, but due to strong proofs argument, Domestic Violence application was dismissed on justification point.
And in 498 case police were reported ‘B’ false to the court than she withdrawn case by not press memo.
Same time in a non jurisdiction area court, She was registered restitution application along with u/s 24 maintenance application. As an opponent we filled application u/s 27 jurisdiction point.
but court was dismissed both application by ordering Both will be ordered along with main petition.
On this jurisdiction point I went in to high court and I got stay (now this case is in pending list).
Mean while I applied for divorce in jurisdiction area and she applied for u/s 24 Interim applications again.
She is doing this for money –
If court allows her interim, then she will start harassing me in different ways.
So Question is –
1. Is she still eligible to get interim (with cruel minded )?
2. Is there any citation/case that can help me to reject her application and court will order ‘POTAGI’ along with main petition (divorce)?
Please help me fast..if possible.
Thank You.
khusbu....
25 August 2014 at 12:18
Hello sir
My husband file divorce case on the ground of cruelty...i file Dv ACT....iam living in matriomonal house in one room....and my mother in law in other room ..from last 9 month my husband living in rent..he not come to home....but few days back my mother in law came to me and told me that i realised all my mistake ...from now i and my mother in law staying,eating together...bt my husband deny to accept me...nw in this circumstance wat should i do? Is there any planning....to make me out of house or something else????pls suggested me should i remain wid my motherinlaw nd i knw my husband not coming..???or might be there is some planning
Thanks
Anonymous
25 August 2014 at 12:04
Can an employer trouble or make claim on a employee after issuing releiving order, acceptance of resignation, no dues certificate and the certificate of satisfactory handing over the charge
anupam sharma
25 August 2014 at 11:08
In a case before Civil Court relating to service matter (payment of increment and promotion issues etc.), the evidence of Plaintiff/Appellant was closed by his counsels without the consent and wish of the Plaintiff/Appellant and consequently, Plaintiff/Appellant was not allowed to lead relevant evidence crucial for his case. It is pertinent to mention here that the Counsels engaged by the Plaintiff/Appellant did not appear on three consecutive dates and owing to the fact that the Advocates of Plaintiff/Appellant refused to represent the Plaintiff/Appellant in the, said legal proceedings before The Additional Civil Judge (Senior Division) were dismissed Under Order 17 Rule 3 CPC .
However, the absence of counsel is on record but in final order it is recorded that plaintiff did not avail legal aid counsel while the plaintiff being an old person did not really know the formalities and concept of legal aid and no one in court explained him so. Does an appeal lie against the order dismissing the plaint on technical ground only? What remedy is with the plaintiff. Should he file complaint in Bar council against erring advocates?
anupam sharma
25 August 2014 at 11:06
That the plaintiff while filing the suit has attached a photo copy of WILL purportedly executed by deceased as Annexure P-1 with the plaint. Now while Exhibiting the documents to prove his pleading regarding the execution of WILL the plaintiff has placed on record the original WILL as Exhibit P2. A bare perusal of these two documents Annexure P-1 and Exhibit P2 reveals that these two documents are not the one and same but are two different documents. Exhibit P2 is not the original of Annexure P-1 as the signature of witnesses are different on Annexure P-1 and Exhibit P-2.
That the Plaintiff has placed on file two different WILLs/documents pertaining to WILL dated 29.06.2008 as Annexure P-1 and Exhibit P2. Thus, Annexure P-1 and Exhibit P2 which should have been same are different documents in nature. Now, the question arises that the actual will is primary evidence then would both annexure P-1 and Exhibit P-2 be deemed as secondary evidence when only one will is annexed with plaint (though now the plaintiff claims that there were two copies of original wills whereas nothing about two copies is mentioned in either plaint or evidence or cross examination?? Does Section 340 Crpc Apply here?
What should defendant do about it??
lakshmi
25 August 2014 at 10:08
We got married in 2004, then he left me in 1 week. I cudnt find him and finally I found him in 2007. Wen I tried to reunite with him, he filed a divorce case of dessertion in bandra court. I contested against it. When he cudnt prove the case, he absconded. The court passed a decree in 2009 that he s absconding and not avlb in the address submitted in the appln. Its also mentioned in the decree that inspite of judge asking his parent n lawyer to submit the correct address, they left the court without giving the address. I cudnt trace him.Fyi all I cud gather abt him is that he s married with kids.Can I get married now in 2014 since the court has declared him absconding.
AJAY KUMAR DAS
25 August 2014 at 08:26
Dear sir, I am the grandson and I had filed a suit for partition of my deceased grand fathers/grandmothers self acquired property as my father is alive , where as opposite advocates filed objection stating under section 8 grandson is not mentioned / not a class 1 heirs and has no manners of rights on self acquired property during life time of father who is alive . But we had produced a latest decision of Hon';ble supreme court';s on July 2013 that grandson has Birth rights. please advice me.
Neeraj Kumar Giri
25 August 2014 at 01:55
Respected Sir,
I would like to post a query regarding Service Tax :
I am a business man engaged in transportation of heavy vehicle like Truck, Tipper & JCB Machine. I use to provide the vehicle in hire basis to the factories which is used in loading and unloading of materials within its nearby area and for that they made me payment through cheque after deduction of TDS u/s 194C i.e. “Payment to Contractor or Sub-Contractor” with proper way, (then kindly explain me that am I a transporter or Contractor) My turn over in F.Y. 2012-13 was of Rs. 45 Lacks and in F.Y.2013-2014 my turn over is Rs. 95 Lakhs, and as per Service Tax Act and Rules I was liable to take registration in F.Y.2012-2013 but due to unawareness it was overlooked by me but recently I come to know that I should get registered under the same and I took registration before superintendent on 05-04-2014 thereafter got the registration certificate ST-1and the business in the certificate was shown was “Rent a Cab” instead of “GTA”, (Please explain me under which heading I should amend my registration, as such no Consignment note is issued by the Factory, I thing I am not eligible for “GTA”)and from the day of registration I used to charge service tax in my bill @ 12.36% on gross value of the bill and same was deposited to the Service Tax Department, without claiming abatement of 75%, but recent the Service Tax Department served me a notice to produce 5 years Balance Sheet, Profit & Loss A/c. and form 26AS, after that I met the Superintendent of Service Tax with the abovementioned documents, after examination of entire paper the Superintendent told me that the registration is wrong, I should amend the registration and include the “GTA”, in my certificate. As well as he pointed out that I was liable to take registration in F.Y. 2012-2013 which I have failed to do for which a penalty of Rs. 10,000/- will be imposed and the I have to pay service tax on previous bill because non-collection of service tax is deemed that in bill the service tax was included, but fact is that I have not collected any service tax in my bill.
1. Now, can the department will allow me to amend the certificate for inclusion of “GTA”, and service tax payment made in “ Rent a Cab” head instead of “GTA” head or some other eligible head.
2. Will the Department has power or rule to collect the entire tax which I have not collected in previous bill.
3. Will the Department will allow me to utilize the facility of abatement of 75% in previous bill i.e. F.Y. 2012-13 to F.Y.2013-2014 or 100% of service tax will be charged thereon.
4. As such I have made a huge payment on 100% on gross value @12.36 % in this year without claiming any abatement. i.e after registration in head of “Rent a Cab” is there any provision to adjust the excess payment with my service tax demanded.
5. After Registration I have collected Service Tax e.g. Gross Value of Bill is Rs. 100/- and Service Tax 12.36/-, will there is any provision in law which can allow me to adjust the service tax payment made earlier on which no abatement is claimed by my part.
Please reply on the issue mentioned here.
Thank You.
Neeraj Kumar Giri
25 August 2014 at 01:53
Respected Sir,
I would like to post a query regarding Service Tax :
I am a business man engaged in transportation of heavy vehicle like Truck, Tipper & JCB Machine. I use to provide the vehicle in hire basis to the factories which is used in loading and unloading of materials within its nearby area and for that they made me payment through cheque after deduction of TDS u/s 197C i.e. “Payment to Contractor or Sub-Contractor” with proper way, (then kindly explain me that am I a transporter or Contractor) My turn over in F.Y. 2012-13 was of Rs. 45 Lacks and in F.Y.2013-2014 my turn over is Rs. 95 Lakhs, and as per Service Tax Act and Rules I was liable to take registration in F.Y.2012-2013 but due to unawareness it was overlooked by me but recently I come to know that I should get registered under the same and I took registration before superintendent on 05-04-2014 thereafter got the registration certificate ST-1and the business in the certificate was shown was “Rent a Cab” instead of “GTA”, (Please explain me under which heading I should amend my registration, as such no Consignment note is issued by the Factory, I thing I am not eligible for “GTA”)and from the day of registration I used to charge service tax in my bill @ 12.36% on gross value of the bill and same was deposited to the Service Tax Department, without claiming abatement of 75%, but recent the Service Tax Department served me a notice to produce 5 years Balance Sheet, Profit & Loss A/c. and form 26AS, after that I met the Superintendent of Service Tax with the abovementioned documents, after examination of entire paper the Superintendent told me that the registration is wrong, I should amend the registration and include the “GTA”, in my certificate. As well as he pointed out that I was liable to take registration in F.Y. 2012-2013 which I have failed to do for which a penalty of Rs. 10,000/- will be imposed and the I have to pay service tax on previous bill because non-collection of service tax is deemed that in bill the service tax was included, but fact is that I have not collected any service tax in my bill.
1. Now, can the department will allow me to amend the certificate for inclusion of “GTA”, and service tax payment made in “ Rent a Cab” head instead of “GTA” head or some other eligible head.
2. Will the Department has power or rule to collect the entire tax which I have not collected in previous bill.
3. Will the Department will allow me to utilize the facility of abatement of 75% in previous bill i.e. F.Y. 2012-13 to F.Y.2013-2014 or 100% of service tax will be charged thereon.
4. As such I have made a huge payment on 100% on gross value @12.36 % in this year without claiming any abatement. i.e after registration in head of “Rent a Cab” is there any provision to adjust the excess payment with my service tax demanded.
5. After Registration I have collected Service Tax e.g. Gross Value of Bill is Rs. 100/- and Service Tax 12.36/-, will there is any provision in law which can allow me to adjust the service tax payment made earlier on which no abatement is claimed by my part.
Please reply on the issue mentioned here.
Thank You.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Divorce
Hello sir,
Is it possible that the investigation officer removed my parents name from the case.
IF it happened than how much possibility to get back my parents as accused in the case by the opposite lawyer.