Arjun
30 June 2014 at 08:25
what are the provisions or steps for the appointment of local commissioner in case of receiving the dowry articles back as my case is like:
the girl stayed in delhi with parents after marriage shifted towards tamil nadu, and took a loan by placing her all gold but in meantime she was thrown with a threat never to step in our town for anything, but now she repaid all her loan and the husband has all her articles. for how can she can take her articles back and under what act the application to be filed and where for the police protection or court orders...
Arvind Singh Chauhan
30 June 2014 at 07:14
Sir please guide on my query posted earlier-
http://www.lawyersclubindia.com/forum/details.asp?mod_id=102692&offset=1#.U7DAHnb0PMw
Carlisle Collins
30 June 2014 at 02:35
This question relates to Hon. Supreme Court of India in Tahsildar Singh and Another vs The State Of Uttar Pradesh on 5 May, 1959 [Equivalent citations: 1959 AIR 1012, 1959 SCR Supl. (2) 875].
The Supreme Court issued and clarified guidelines on factors that color witness statements as “omission”, “contradiction” “improvisation” – which opened my floodgate to confusion!!
Can someone simplify the ruling with examples? For instance, if a (purported) victim’s written statement (CrPC 162) to the police included a material fact: e.g., that he had sustained a cigarette burn on the wrist from the alleged perpetrator. But, during forensic (medical) examination, the physician finds no sign of injury; neither does the alleged victim make any mention of this “burn incident” to the Examiner; nevertheless, more than a month later in his statement to the magistrate (CrPC 164), he points out a scar on his wrist which the magistrate makes note of (and makes an unqualified medical opinion linking the scar to a “burn mark”).
What are the necessary elements that transform an omission into a material “contradiction”? What legal factors could color the purported victim’s story as “innovation”? Can someone explain in general terms the legal distinction (not just the dictionary definition) between Omission, Contradiction, and Improvisation?
Thanks for your patience, effort, and indulgence.
GurfatehSinghMann
29 June 2014 at 23:58
Hi,
My grandfather who inherited 27 acres of land (in Punjab, India) from his ancestors put 10 acres on my grandmother’s name, 10 acres on my father’s name and when I was born put 5 acres on my name. He died a few years ago and in his will left the remaining 2 acres to me. My father remarried and now does not get along with my grandmother or me. To ensure that nothing comes to me he is selling his share of the land. My grandmother and I are against it. We are emotionally very attached to it as my Grandfather did not sell it during his tough times and always wanted us to do the same.
Is there something we can do to prevent him from selling it? We have no problems with him in using the land in any way he wants, but we don’t want him to sell it.
Thank you.
Gurfateh
GurfatehSinghMann
29 June 2014 at 23:21
Hi,
My grandfather who inherited 27 acres of land (in Punjab, India) from his ancestors put 10 acres on my grandmother’s name, 10 acres on my father’s name and when I was born put 5 acres on my name. He died a few years ago and in his will left the remaining 2 acres to me. My father remarried and now does not get along with my grandmother or me. To ensure that nothing comes to me he is selling his share of the land. My grandmother and I are against it. We are emotionally very attached to it as my Grandfather did not sell it during his tough times and always wanted us to do the same.
Is there something we can do to prevent him from selling it? We have no problems with him in using the land in any way he wants, but we don’t want him to sell it.
Thank you.
Gurfateh
XXX
29 June 2014 at 23:03
I had filed a police case against my husband in Dec 2013 against the physical and mental harassment. I had left my marital home in Oct 2013 and during our discussion in the women cell, he agreed to file a MCD petition and also acknowledged that we had differences since last seven years. Post filing the MCD, I took back my complaint with a statement that want no further action should be taken as we have filed a MCD petition. But, now it seems he would not attend the second motion due in Jul 2014 as he does no want divorce.
1- Can you pls guide me if the district court can still grant me divorce decree despite his intentional absence as I have seen few cases where in the high court has granted divorce.
2- What steps can I take if he does not attend the second motion. Would I have to file an appeal in the high court or file a contested divorce on the basis of cruelity.
Thanks for your guidance
Abhishek Raorane
29 June 2014 at 22:43
Hi, I have finished MBA from Coventry university London Campus from united Kingdom. i have taken education loan from state bank of India in January 2011 7 lac 40 thousand. the time i have taken loan i was not present in India. I have finished my course in November 2012 till date that is from January 2011 till November 2012 we did not receive any call neither any legal notice from bank regarding interest charges. Suddenly, in March 2013 during closure of year ending we have received call from the bank that interest rates has already been started and we need to start paying it immediately. We paid initial amount of 25,000 as requested by the bank. Since i was jobless for almost 8 months i couldn't pay anything. I also requested bank authorities to reduce EMI or interest charges, they were not ready to help. There behavior was very rude and helpless. now, when i got job in December 2012 I started paying EMI regularly. Suddenly we received letter from the bank stating that your education loan account is irregular, you need to pay Rs. 2,55,788/- to make it regular. We went to discuss the same with higher authorities they informed we have to pay minimum Rs. 1,75,000/- for settlement. My mom is single parent we cannot afford so much of money. We get many harassment calls from the bank everyday. Instead of requesting them they are not ready to help us. I have also informed that we will pay regularly EMI made ESN with salary A/C for education loan but they are asking us to pay Rs. 9,50,0000/- in total. Please Help.
sumeet
29 June 2014 at 22:21
Can a description about the crime in white paper be called a FIR??
and what is it that acknowledges that the FIR has been registered??
CHARAN SINGH
29 June 2014 at 22:06
I gave Rs. 5 lacs through five account payee cheques as loan to Mr. X. He opened SB account in the same bank and got the cheque cleared on the same date and drew the money through bank draft in favour of G.D.A. for depositing instalments of his house. Mr. X issued cheque for repayment of the same account and the full particulars were written in the handwriting of Mr. X which was dishonoured on presentation. I submitted a case under N. I. Act and after that lawyer of Mr. X framed a false story stating that I was CA of Mr. X and total cheque book was handed over to me blank duly signed for issue of cheques to Government Departments for paying taxes and I stole a cheque and later on presented a false case against him. Whereas the bank statement/passbook of the account clearly depicting that the person borrowed money from me and withdrew the money through bank draft only. No government payment was made. In this case, lawyer got issued bailable warrant against me and I had to get this case stayed through Allahabad High Court. It can be proved through bank statement only that the story submitted by the lawyer was false. Whether a case against the lawyer as well as Mr. X can be filed for cheating the court and me?
The basis of allegation against lawyer is the following:-
1. Mr. X made complaint against me in the Institute of Chartered Accountants of India previously and in that complaint clearly states that he was pleased to get Rs. 1 lac on time he needed from me and he gave back a cheque in question to me for repayment. It was declared by Mr. X before filing of this fictitious complaint against me.
2. There are only five entries in the bank statement/passbook of Mr. X which clearly shows that Mr. X deposited cheque taken from me and withdrew the amount by getting demand draft in favour of Ghaziabad Development Authority. There is not even a single entry for making any payment to Govt. Departments. Moreover I was CA of company in which Mr. X was only a director and not his personal CA who is liable to make payments of his personal dues. It was the mind of the lawyer only who made a false story that being CA I was handed over blank signed cheque books and I stole a cheque. It is to be noted here that the cheque in question is fully signed and filled in the handwriting of Mr. X only. Mr. X himself wrote my name on the cheque in question as payee of the cheque in question.
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For crp
dear experts,
we are agrevied party against the order of allowing condonation of delay in representation and order of allowing set aside petition , now can we go for civil revision petition against both above orders simuldaneously or compained in same petition , pls advice . very argent,