KIRAN
15 May 2014 at 18:34
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 11 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father staying at native place alone (not with me)
4)I m well setteled& haviny own flat at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient ( I had psychotric Dr prescriptions). there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house & insulted me infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court to me.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parents house & d.v case in proceeding.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of plot & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. The same FIr is quashed by H/C in favour of all other 6 fmly members except me.I have to the trial.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt regularly from 8 months.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling my properties.
24)Now D V case is for Evidence & her cross examination is over.
25)She had produced my salary certificate & property related documents to show my more income.
26)She has not produce any documentary proofs or witness reg. her complaints.
27)Now,I have submitted Affidavit ( same as our says/Reply)with police complaints. ( I have more docu. proofs such as psycatric Dr. Prescriptions for 6 months, school fee receipts, school absentee applications,picnic & birthday photos ,quashed H/c order reg.498A etc.)
28) Now my cross is to be taken on next date.
Sir,kindly advice the following.
i)should i submit rejoinder Affidavit along with above some imp.documents ?
ii)How to make preparation for my cross?
iii)How to give answers during my cross?
iv Any other precaution before the cross & during the cross?
v)Witness is ready in favour of me to proove she left my house willingly without any justified reason. Should i ask my witness to submit his affidavit after my cross?
vi) any other valuable advice reg. my personal investments & loans for cross exam
Thanking you in advance
Regards.
pankaj shekhawat
15 May 2014 at 18:33
My case details u/s 138, trail court judgment against me and appeal dismiss by delhi high court as below:-
"loan given 14-9-2005 RS. 60000, accused admitted- signature on receipt, pronote, signature on undated cheque and given at the time of loan, complainant admitted write date 26-10-2009 on same day"- CASE DETAILS.
"complainant have implied authority to write date on cheque, this is not materiel alteration we have many judgments about this matter)complainant write date on undated cheque without written authority from accused after 4 year, so trail court acquittal the accused "-- TRAIL COURT JUDGMENT AGAINST ME.
" It appears to the Court that the Petitioner was unable to prove his basic contention that the on the date that was filled up by him in the cheque, the Respondent owed him a sum of Rs.60,000. If it pertained to a loan of 14th September 2005, then clearly as on the date of the said cheque, the loan was time barred. In other words, it was not a legally enforceable liability on the date mentioned on the cheque, i.e. 26th October2009."- DELHI HIGH COURT JUDGMENT AGAINST ME.
My arguments with judgments is that "TIME BARE" (recovery of money) is civil matter and its different from criminal proceeding u/s 138, for clearing my point of view some Para of supreme court & Karnataka high court judgments as below-
"This is not a case where the cheque was drawn in respect of a debt or liability, which was completely barred from being enforced under law. If for example, the cheque was drawn in respect of a debt or liability payable under a wagering contract, it could have been said that that debt or liability is not legally enforceable as it is a claim, which is prohibited under law. This case is not a case of that type. But we are certain that at this stage of the proceedings, to say that the cheque drawn by the respondent was in respect of a debt or liability, which was not legally enforceable, was clearly illegal and erroneous".-- Supreme Court- A.V. Murthy vs B.S. Nagabasavanna on 8 Feb. 2002.
"A criminal prosecution is neither for recovery of money nor for enforcement of any security etc. Section 138 of the NI Act is a penal provision the commission of which offence entails a conviction and sentence on proof of the guilt in a duly conducted criminal proceedings. Once the offence under Section 138 is completed the prosecution proceedings can be initiated not for recovery of the amount covered by the cheque but for bringing the offender to the penal liability"-- Supreme Court-M/S. Bsi Ltd. & Anr vs Gift Holdings Pvt. Ltd. & Anr on 15 February, 2000.
"Therefore, in the present case on hand, notwithstanding that the appellate Court has found that the amount due from the respondent was a time barred debt, which could not be recovered by recourse to filing a civil suit for recovery of such money. The cheque issued in discharge of such a debt was not a legally enforceable instrument, cannot be accepted. The logic that nothing prevents a man from repaying a time barred debt, voluntarily, and in the place of legal tender, if the very man issues a cheque in due repayment of such a time barred debt, it is a promise made to discharge such a debt by virtue of issuance of the cheque. Therefore, the cheque not being disputed as having been issued by the respondent is a voluntary payment made, of a time barred debt. It cannot, therefore, be said that it was not enforceable and if the cheque has been dishonoured for want of sufficient funds, it is clearly an offence punishable under Section 138 of the N.I.Act. The appellant having complied with all other formalities in brining the complaint, the same could not have been rejected on the ground that the payment was in respect of a time barred debt. The authoritative opinions expressed herein above would support this view."-Karnataka High Court- Shri Sangameshwar Chits Pvt Ltd vs Sri.G R Marigoudar on 25 September, 2013.
Please advise me. should I appeal to supreme court with above view/arguments or not.
V.N.K. MENON
15 May 2014 at 17:40
I filed a case under S.200 crpc in trial court(Delhi) for abuse of process of court by accused.
As pre-summoning evidence, I was asked by the court to submit List of witnesses which was done. Out of which, I opted two to be summoned in the next date of hearing (NDOH). Court allowed the same and summons were issued to the said 2 witnesses.
Query:
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In pre-summoning evidence: Whether the said witnesses can be examined by me the plaintiff in NDOH or the court only can examine the witnesses.
Shall appreciate the opinion/ guidance of experts of LC, please. Tks in anticipation.
Tauras
15 May 2014 at 16:58
Society started major repair like Re-plastering of external wall, Painting etc and they started raising additional fund which is being included in the regular maintenance bill without communicating to the member. is it right practise? Hence some member Paid full maintenance bill i.e. Maintenance + additional repair fund which is being included in the bill. But some of the member denied and paid maintenance amount only i.e. excluding repair fund. Now, after 6 months society has started charging Interest @ 21% P.a. How can society charge interest on additional repair fund since its not communicated to the member. Society work is still in progress.What is the procedure which society should require to follow before carrying out any major repair work in the bldg.Please advice on the same urgently.
Sweety
15 May 2014 at 16:15
Hello!
I am the (daughter) only child and my father passed away 14 yrs ago. He was working in a Pvt. Co. in Mumbai so no legal formalities were required.
What I would like to know is
1) how to get a VARSA certificate from Mumbai.
2) What documents are required
3) How much time will it take to complete all the formalities
4) Finally what would be the expense involved
ad
15 May 2014 at 15:59
My wife filed sec.9 of HMA in 2002 in maharashtra, but i received summons on 2012 only.
she also filed various cases i.e. 498-a, 406,sec. 18 of HAMA, sec.125 of Crpc, sec.405,406 of IPC and sec. 24.
sec.125 decided and Rs. 1500/- per month which i m paying regularly.
sec. 405,406 dismissed for wants of prosecution. (as she did not attended this almost 5 years).
sec. 498-a, 406 is on evidence stage in rajasthan as i m living in rajasthan.
sec.-18 is in final stage at maharashtraa.
In sec.-9, one application for sec.24 is there, i filed reply for both and after argument, when file was pending for order on sec.24, I personally appeared before the Judge and requested him for sending the petitioner with me to cohabit. my wife was also present in the court with her advocate. then judge asked her for her willingness then she told that she is also willing to cohabit, but she have threatening to her life. and want guarantee for her life in written. then judge asked me that she is asking for written guarantee than i told that i am literate person having old parents and a younger sister only. in no way danger to her life from us. But she was adamant for written guarantee, than I told to judge that I am ready to follow your each order. than judge told that i am not asking anything she is asking only and i am not. than i given consent to judge for written guarantee for her life. that her advocate put some other condition and i give my consent to all of them. I requested to judge that i am ready to each condition of her but i want to take her at my home today itself. Than judge asked my wife that your husband ready for everything, now what is your decision. She was not in position to give any answer to judge, her advocate asked to judge for giving order on sec.24. than judge told that this matter is being sent to mediation and forwarded for mediation to other judge. than i attended the mediation proceeding but she was absent, mediation judge given another date for giving her a chance, but total three times matter put up for mediation before the mediation judge, I was present to all dates, but she was remained absent to all three dates. than on 3rd date judge told me that your wife is not coming for mediation and it seems that she is not wiling to cohabit, therefore, i am making failure report and sending this matter to main court where hearing is pending.
Now my question is that what report will judge sent in mediation report, whether he will make clear observation. Please tell what will be in mediation report.
what effect will be come of this mediation report in sec. 24 and in sec.09 case.
what chances of order of maintenance in sec.24.
what should i do now ?
I want divorce only. Whether failure of mediation is a ground for divorce for me.
Pl. suggest that i m suffering from all of these cases from last 9 years. Early reply be appreciated.
I am living in Rajasthan and my wife lives in maharashtra with her parents, she is doing law and in last semester.
Regards,
Juber Police
15 May 2014 at 15:51
In Mumbai BMC has increases property tax 3 times for the industrial property under the Capital Value systems, so the property tax is more than the basic rent of the property. under section 147 of MMC Act, landlord can received difference of property tax amount from the tenants/occupiers of the property. property tax is comes under permitted increases as per Maharashtra Rent Control Act 1999. Kindly clarify the same.
your action will be highly appreciated
rajesh chaudhari
15 May 2014 at 15:49
When the jmfc court has pass the order for remand of accuse the revision application against this order is maintenebal or not plz give me some judgement also
Jayadevan
15 May 2014 at 15:40
My building has 12 closed garages which are not allotted to flat owners yet as we have enough space car parking in the open area. Also some of the 'closed garages' are too small for car parking. We have CHS registered long back and it is a 11 years old building. Can I take a allotment letter from the builder and use this closed garage? Is the builder is in his authority to allot it now. All keys are still with the builder and he/his associates are using it as a storage area. Can the society take possession of these garages from builder on amicable way and allot it to members on lottery system or on a bid system. Is it legal? Can the society allow members who will be taking this garage for using it as an 'office/shop/library' etc.? Can I use this area for 'office purpose' (desk job only) after taking allotment from builder? I may have to pay 'cash' component. Kindly advise.
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