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WHATSAPP 91-8075113965   08 May 2014 at 12:05

Appeal or review against matter settled through mediation on the ground of compulsion by both lawyer

good morning sirs and madam ,
i am putting a legal query here for discussion. please express your views and opinions in this forum itself .
here, a lady filed a complaint under domestic violence against her husband and husband's mother in the magistrate court and a divorce petition in the family court . when the divorce matter came up for mediation, the matter was settled . in the divorce petition, compromise was recorded, on some conditions that :
1) husband shall pay 2,00,000 Rs to wife
2) they shall file a joint application for divorce u/s 13-B
3) wife shall withdraw all the cases filed against the husband
4) lastly, both the parties shall not file any case against each other , in future also
on the basis of these conditions, ( an agreement was executed in this behalf and that was filed in the court also ) family court court , recorded the compromise and pronounced the judgement in the divorce petition.
now, interestingly, the wife comes up with an allegation that she was compelled or forced by her counsel and the opposite counsel to sign the compromise deed .... and that is how she has signed the agreement...and the amount received by her is very less.....she is entitled to get more ...this is what she says ....
stating all these, she filed a complaint in taluk legal service authority for taking proper action and the legal service authority appointed a new lawyer to look into the matter and see whether anything can be done ,,.....
MY QUESTIONS ARE :
----------------------------
1) whether anything can be done to cancel the compromise entered into between the parties, on the compulsion of both the lawyers, against the interest of a party, after entering into ?
2) she says that if she is not allowed to cancel the the compromise deed, she will not withdraw the cases at the magistrate court, as mentioned in the compromise deed . whether any action can be taken against her for the violation of terms of compromise deed ?
3) whether there is any provision for review or re-open the family court case by the same court or by the appellate court ?
sirs and madams,
let us discuss this matter and find out a solution .....



thanking you, sirs and madam ....

SALIL KUMAR
ADVOCATE
DISTRICT COURTS
THALASSERY
09447536929
09061435365

rupeshgangurde   08 May 2014 at 11:57

Crpc 125 & 127

revision on Crpc 125 is pending, shall we file application under CrPc 127 for deduction of payment.

Tanaaz shaik   08 May 2014 at 11:39

Dependent certificate

Dear Experts,

Please advise about how to get a dependent certificate from court in Goa? is this an only option to get it from court through an advocate? please advise. thanks indeed. have a good day.

Indrajeet Shah   08 May 2014 at 11:37

'' loan assignment ''

Dear Sir,
Can a multinational Non Banking Financial Company assign its loan to an Indian Private Sector Bank ?

I will be thankful for an early reply with a judgement (if any ).

Thank you.Indrajeet Shah

Govindbhai   08 May 2014 at 11:29

Cenvat credit ratio for taxable/exempted service

sir,

We are the importer and holding central excise registration for Cenvat Passing now
we also paid service tax on Transportation
as service recipient.we also paying service tax on Business auxiliary service providing
service

Please advice us.
(1)what is the ratio for availing cenvat credit of service tax for providing service.

2. We are traders and trading is exempted from service tax the how we can avail the cenvat on input service for payment of service tax on Business Axillary.

sonal   08 May 2014 at 11:14

Experts pls guide


Hi Experts

My friend has opened a studio for purpose of animation,editing,film production,etc,all these work with someone.

Now he wants to register this.What the process? can it be registered just as company?

pls guide the process?

Regards

sonal

sachin   08 May 2014 at 10:31

Agreement

Dear Sir/Madam,

We are real estate developers and just to provide additional facilities to the purchasers of our flats, we have decided to allocate space in the basement our building to a company to set up a laundry. We will not receive any fixed rentals but only 10% of revenue share and the tenure will be for 3 years with one year of lockin.

What is document that will need to be executed that will safeguard our rights in the premises and we can terminate the agreement if we do not find the arrangement to be beneficial to our costumes.

Our intention is not to make profits but to provide facility with little returns.

Regards,

Sachin

jagjit   08 May 2014 at 10:17

Payment of maintenance allowance

SIR,
MY WIFE HAS FILED MAINTENANCE ALLOWANCE CASE AGAINST ME AND COURT HAS ORDERED 2500 PER MONTH. LAST TIME I HAVE PAID THE AMOUNT THROUGH DRAFT IN FAVOR OF THE WIFE AS SHE COATED HER NAME IN THE PLAINT.

THIS TIME I KNOW THAT SHE IS GOING TO PUT AN APPLICATION THAT THE MONEY MAY BE GIVEN TO HER AS CASH. BUT I WANT TO GIVE HER DRAFT ONLY. CAN COURT PASS SUCH AN ORDER THAT I GIVE THE MONEY CASH TO HER. BECAUSE SHE DOES NOT HAVE ANY PHOTO ID PROOF OF HER NAME BY WHICH SHE HAS FILED THE CASE AGAINST ME. AND LAST TIME SHE HAS ENCASED THAT DRAFT BY FRADULANTLY. AFTER THAT I HAVE WRITTEN TO BANK AND BANK ACCEPTED THEIR MISTAKE THAT THEY REMITTED THE DRAFT IN ACCOUNT HAVING OTHER NAME.

KINDLY GUIDE ME AS I WANT TO GIVE HER DRAFT ONLY.

Member (Account Deleted)   08 May 2014 at 10:14

Eligible for wages during sick leave?

Good Morning,

This is Neeharika,I am working for a Private Limited company.

Recently i have come across a question, One of our employee who is engaged in our factory has met with an accident. This accident is not at all related to his work and he met with an accident during a holiday. This employee is registered under ESI. Presently he is getting a compensation from ESI and he availed his sick leave.

Now my query is, Since he is getting a compensation ESI is company also need to pay wages to him during his leave? or there is no need for the company to pay any amount of wages since the employee/labour is getting insured amount as compensation from ESi?

Still we are paying the wages to the concerned labour, but we would like to know whether there is any provision in the Act where the company is not under obliugation to pay wages during the leave since he is getting insured amount as compensation from ESI?

Pl do let me know.

Thanks
Neeharika

Dharmender   08 May 2014 at 10:11

Sec 498a 406 and 3/4 506 etc

I would like to know what is the procedure of the proceeding in 498A in Uttar Pardesh.

At the time of framing charge can we move application under sec 245.

When can we cross examine the complaint after charge sheet or before also. It is a complaint case without any material evidence i.r. no FIR, no medical report nothing at all..