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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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rakesh   22 August 2014 at 21:23

False 498a

Hi sir my brother's wife has filed a fake 498a case against my brother, me and our parents. We took the anticipatory bail. In that complaint its said that i beat her on May 21st asking dowry and on May 30 i and my brother scolded her and also beaten her asking for dowry. But the truth is that i was staying in Nepal at that time. I went to Npeal on May 02 and came back on June 04. So now my advocate is saying that i can apply in High court for quashing the case against me and also can file a compensation case against her as i was staying abroad in those days they says that i beat her. The problem is that i went to Nepal for religious purpose for visiting temples and doing some rituals so i told everyone that i am going to delhi. When the police made the inquiry our neighbors told them that i was in delhi on those days. So in the FIR they have written that i was in Delhi when the incident happened. I have air tickets booked from Chennai to Kathmandu, return ticket from Kathmandu to Chennai and also my bank statement showing that i withdrew money from ATM's in Nepal during that particular period. Is these proofs enough to prove that i was in Nepal when the incident happened and also will the statement in the FIR saying that i was in Delhi affect this ?

Thanks and waiting for the reply.

Member (Account Deleted)   22 August 2014 at 20:37

Custody of daughter...

I m married in 2012...& after 1.5 yrs she was gone her father house with daughter by her own ......i filed divorce case against her on the basis of cruelty in july 2014...have enough evidence & i m giving maintenance of both...my daughter is just 1.6 yrs .....my question is that can i filed a case for custody before 5 yrs???...now...she is just 1.6 yrs...what court will do in this situation?????

narendra   22 August 2014 at 20:36

urgent please...

Dear experts,
This is narendra from Bangalore.My wife filed false 498a on me and family members in may 2013.we got anticipatory bail.immediately she has filed domestic violence case.after that in August 2013 I have filed for divorce..for domestic violence and divorce cases courts refereed for mediation.earlier she has demanded huge amount but in mediation she not agreed for amicable settlement and denied for divorce.so mediation failed..immediately she applied for transfer of both domestic violence and divorce cases in supreme court (from Bangalore to her native place in Andhra Pradesh).she has suppressed the matter of filing 498a case in supreme court..I am a permanent psu employee in Bangalore..and my aged parents are suffering from severe diseases.ii applied objections for stopping the both the transfer cases.I informed my that I am ready for agreeing any conditions for stopping, even I told him to state I am ready for paying travelling charges because she is well educated and unemployed.today hearing happened in supreme court..instead of stopping transfer of cases refereed for mediation and order ed that I have pay 25000 as travelling and lodging charges to her for attending mediation.I am ready for amicable settlement through mediation.but I am having some doubt s.I am requesting all experts please give the best advice..
1) what is procedure for mediation..definitely cases will be settled or no guaranty..main thing if possible to dismiss all cases (498a, domestic violence and divorce) I am ready to attend for mediation but already she has not agreed in Bangalore and went sc..if she is not agreeing it big loss for me..I understood that cases will be transfer ed to Andrade Pradesh.
2) is it compulsory to pay travelling charges to her for attending mediation..if not agreeing what will happen...
3) one more thing if she will not come on mediation date it is loss expenditure and time..
4)if she come also she may demand huge amount in supreme court thinking that I am agreeing for amicable settlement of cases through mediation..even in this way also mediation may fail..because intentionally she dragging the cases.if she could have agreed in Bangalore itself but not..so doubt..
5) what is chance of settlement of cases in supreme court through mediation..if she is not attending is there anything positive to me
I am asking your your advice because already I spent lot of money and now again I have to spend huge amount..I am not in a position to decide wether to attend mediation in sc...or..better to fight after transfer ing cases at native place..insteadinstead of spending huge amount..meanthing she Will come or not no guaranty.there is no chance of stopping cases..I am expecting your best advices..please

narendra   22 August 2014 at 20:31

urgent please...

Dear experts,
This is narendra from Bangalore.My wife filed false 498a on me and family members in may 2013.we got anticipatory bail.immediately she has filed domestic violence case.after that in August 2013 I have filed for divorce..for domestic violence and divorce cases courts refereed for mediation.earlier she has demanded huge amount but in mediation she not agreed for amicable settlement and denied for divorce.so mediation failed..immediately she applied for transfer of both domestic violence and divorce cases in supreme court (from Bangalore to her native place in Andhra Pradesh).she has suppressed the matter of filing 498a case in supreme court..I am a permanent psu employee in Bangalore..and my aged parents are suffering from severe diseases.ii applied objections for stopping the both the transfer cases.I informed my that I am ready for agreeing any conditions for stopping, even I told him to state I am ready for paying travelling charges because she is well educated and unemployed.today hearing happened in supreme court..instead of stopping transfer of cases refereed for mediation and order ed that I have pay 25000 as travelling and lodging charges to her for attending mediation.I am ready for amicable settlement through mediation.but I am having some doubt s.I am requesting all experts please give the best advice..
1) what is procedure for mediation..definitely cases will be settled or no guaranty..main thing if possible to dismiss all cases (498a, domestic violence and divorce) I am ready to attend for mediation but already she has not agreed in Bangalore and went sc..if she is not agreeing it big loss for me..I understood that cases will be transfer ed to Andrade Pradesh.
2) is it compulsory to pay travelling charges to her for attending mediation..if not agreeing what will happen...
3) one more thing if she will not come on mediation date it is loss expenditure and time..
4)if she come also she may demand huge amount in supreme court thinking that I am agreeing for amicable settlement of cases through mediation..even in this way also mediation may fail..because intentionally she dragging the cases.if she could have agreed in Bangalore itself but not..so doubt..
5) what is chance of settlement of cases in supreme court through mediation..if she is not attending is there anything positive to me
I am asking your your advice because already I spent lot of money and now again I have to spend huge amount..I am not in a position to decide wether to attend mediation in sc...or..better to fight after transfer ing cases at native place..insteadinstead of spending huge amount..meanthing she Will come or not no guaranty.there is no chance of stopping cases..I am expecting your best advices..please

Ritu Jain   22 August 2014 at 20:30

Relinquishment deed

i have a shop in delhi, i stay in patna. i want to transfer this property to my grand son can this be done thru a relinquishment deed ? what are the ways to transfer this property to his name kindly advise.

RAVI KUMAR SINGH   22 August 2014 at 20:11

Death of driver in accident

Dear All,

An untoward incident has happen,my driver was working on some construction project,with higwway(truck), he was while working has touch through wire in which 11 thousand volt current was flowing and suddenly vehicle was burnt,driver as we have heard has also died, vehicle is insured. Now please guide us what will be liability of the owner in such cases,if is their is any liability exist as owner has no connection with incidence.

mehul   22 August 2014 at 19:56

No cc

Respected sir,
Builder has registered development agreement he had applied for cc can I pay 50% in black and take allotment letter from him. Pls. advise.

Arjun Arjun   22 August 2014 at 19:44

Interest rate

Madam/Sir,
I availed a home loan of Rs.5 lakhs from Federal bank Ltd in June 2013 at floating interest rate 10.25% p.a.In the loan document ,it was written that the payable interest will be 0.05% above the base rate or any rate ,as fixed by the bank from time to time.At the time of availing loan,the base rate was 10.20%.
In November 2013,I got a letter from bank that they're going to increase the base rate by 10 basis points and the new interest rate payable by me will be 10.60% p.a.
I've been paying the EMI at these rates without making any default.
But,now,I came to know that bank's base rate has not changed since I availed the loan.The bank was telling lie to me that they revised the base rate and thereby increased my loan interest rate.
Also,eventhough the bank set my loan interest rate at 10.60 p.a,they give loan to new borrowers(irrespective of their credit score/risk) at 10.25% p.a.
I think the bank has cheated me.Can I get the refund of the excess interest they've charged from me?Please help me.
Thanking you,
Yours faithfully,
Anoopkumar

Dheeraj Kaushik   22 August 2014 at 19:39

Query - dicharge

Security service company (pvt. ltd. status) engaged in security service buisness, one of its client terminate contract. hence the workman deployed there become idle. the company discharge these employees because not having any post vacant where these employees may be posted, and paid there full and final settlement by deposit amount in their bank account.
Now my query is above said procedure adopted by co. is correct as per industrial dispute act and if not correct that what is the right procedure.

VIKAS   22 August 2014 at 19:04

Eligiblity for llb 3 years course

Dear Sir,
Thanks in advance!
I'm tax consultant(own practicing) and wish to do LLB 3Years. But having 43.40% in B.A. and 45.50% in M.B.A.
I asked to Maharaja Agrasin Univ. and they agreed on M.B.A. basis and on other hand IEC University denied to admit on M.B.A. basis and asking for B.A. basis only.
Pl suggest your best advise.
Regards
Vikas