Kedargkeskar
30 October 2013 at 10:28
How to get a 138 NIA matter to be transferred from one court to another court ? An application is supposed to be filed before Dist. Court but under which provision ?
Nushi
30 October 2013 at 08:50
Hello to all,
I have a query regarding District CF the cases where i am defending Nationalised Bank. all my cases are having same facts that
1)the Complainant goes to ATM
2) withdraw 10 thousand which does not come out but still get debited from the account
3) but in the JP log Report ( the only Proof on which we rely and submitted already) transaction was successful
4) CCTV footage Remains secured only for 90 days therefore no proof left by the time summons received & case proceedings get started.
Till date i have faced these issues only,,,if any adv. expert in same mentioned matter kindly advise as i am new in this profession,,,I would appreciate the concern.
Thanks
s.jyothikumar
30 October 2013 at 05:30
what are the legal formalities to start a private investigation agency
maheshbhatiya
30 October 2013 at 03:01
How can we take ownership permanently or have legal rights
Sir, I m staying in the suit house with my mummy, blind sister, my wife and my 8 months daughter. Suit House is in the name of my Grand Mother and she have 3 son and 2 daughter among which eldest one is my father. The Suit House was purchased in the year 1988 in the name of my grandmother with the help of my mother's Stridhan of Rs.30,000 in it. The property purchased may be probably of the cost of Rs.70,000/- in the year 1988. My Grandmother, Father and my 2 uncles were harassing my mom for dowry amount and even to me and my 2 young sisters a lot for no valid reason with extreme cruelty. Inshort you can consider for all of the cruelty that we know in the case of 498-a/c etc. Now coming to the point to kick off from the house which we are staying right now, in the year 2001 my grandmother files a suit in the civil court by pleading that we have illegally broken up the locked and illegally entered into the house and finally ask for the vacant and peaceful possession of the property, We resisted the suit by deposing that we have not entered into the suit house illegally in the year 2001 but on the contrary we are residing in the suit house with the plaintiff since the year 1988 and in the year by beating us the plaintiff run away from the house in the year 2001 and register a suit for the same to get kick of us from the house which we are living right now sine the year 1988. Although the property was/is in the name of my grand mother, my grandmother deposed in her pleading and the plaint that property was purchased from her stridhan and by certain amount from uncle who was working outside the country. But on the contrary when my uncle was cross examined by our advocate he says that he has never send any amount for purchasing the suit house to my grandmother and even my grandmother affidavit in her written statement that he has not took any amount from his any of the son for purchasing the suit house. And thus as on one side she pleaded everywhere in the plaint that she has purchased the suit house with her stridhan and certain amount from my uncle but as the deposition of my uncle was contrary to the pleadings the court declare that my uncle has not send any amount for purchasing the suit house and even our advocate when cross examined my uncle that whether my grandmother was having any income source he denies for it and says that my grandmother i.e. his mother his only getting pension of Rs.600 to Rs.700 per month and above that she is not having any source of income. Considering heavily this point court declare that although the property is in the name of my grandmother she has never put any concrete evidence of her stridhan involved in purchasing the suit house where we are residing right now. On the contrary as a defendant no 1 i.e my mummy and no.2 i.e. my self who is boy has deposed in our defence that my mother's Rs.30000/- has been involved in purchasing the suit house and even we have 2 witnesses for the same i.e. my maternal uncle and a society member mentioning to the court that Rs.30000/- was given by my maternal grandfather i.e.my mother's father (my nanaji)to my grandmother for purchasing the suit house as she was heavily demanding the same apart from it we were not having any evidence or an agreement for the same. Civil Court consider the same but did accept it legally as there was no concrete evidence for it moreover rejected the suit of my grandmother mentioning that we as a defendant has not entered in to the suit house illegally in the year 2001 but we are living in the suit house since the year 1988 as we were having at least 25 concrete evidence for the proof of same and we have produced to the court the same. My grandmother has appointed her power of attorney to my elder uncle in the suit itself and thereafter after loosing the suit they go for first appeal to the district court and the same got rejected as District Court also held that we have not entered the suit house illegally as mentioned by plaintiff (my grandmother and her POA my elder uncle) in the year 2001 but we are living in the suit house since the year 1988. Getting Disappoint from this they go for Second Appeal and their Second Appeal also dismissed considering the same as mentioned above. Moreover in the second appeal a serious mistake was made by our grandmother's (plaintiff) lawyer that he mention in his ground in the appeal memo that as they plaintiff has received the possession letter in the year 1997 how it can be held by the below courts that we the defendant were living since 1988 the Hight Court Judge slabbed to them mentioning that they have already mentioned everywhere in the plaint that they have took the possession of the suit house in the year 1987 and in the year my grandfather i.e. my grandmother's husband died in the very suit house so in consideration of this point the deposition of the plaintiff's lawyer that property was not in existence in the year 1987-88 has no substance and thus as there is no substantial question of law arises their Second Appeal is likely to be dismissed and accordingly dismissed. Respected Gentlemens, My question is I am a kid in front of you all educated and learned Lawyers can you please guide me now what can happen? Whether they can go to Supreme Court after this... High Court Order Date for Second Appeal Was 16/08/2011 i.e.almost 90 days has passed but is there any chance after this or whether they can get benefit of Limitation ACT please guide me what they can do now and what I have to be cautious now? Second question is whether they can file new suit again in the Civil Court with another story or can do something else. Third Question is if my grandmother dies after 4 to 5 years and she have a will in the name of my both the uncle at that time I have to leave the house where I am staying with my mummy, blind sister, my wife and a 8 months daughter. Please guide me sir what can happen at that time. Whether there can be property distribution at that time or as it has been held by the district court although not held by Civil Court that there is enough evidence of my mother's Rs.30000 used in the purchase of the house so my mother is having half share in the property. Right now the house value is approximately of Rs.30 lakh. Sir, As we are leaving since the year 1988 and already proved and held by the court can we live in the property without fear year after this without facing any litigations in the future...I hope you all gentlemens are smart and have understood my case....I request you to guide me what to do... Sir, i have got married my one sister with all my expense and even I have got married with my own saving and since 12 years I am running the house and my father is not giving any single penny towards the maintenance and moreover above this he has used all his saving and purchased another house in the name of my both the uncle so that we cannot claim in that house. So sir understanding the whole story what I should do now...XYZ 9978747227 Note: As respected High Court has not given any possession right to my grandmother although the property was in the name of my grandmother can we claim for its ownership now or we do also have only the possession right please guide me in detail what is the case all about and what should be my next course of action. Legally how can we have ownership registered or else please suggest what we have to take action through judgements so that we can registered ourselves as legal owners or if we need to sell the property how can we do that and if we do not want to sale the property how we can safeguard for rest of the life as we are threatened that in future also we need to pass out the same type of litigations if my grandmother make a will in the name of my 2 uncles and my father.
P.C. Joshi
30 October 2013 at 00:33
Dear Sirs,
I applied for information to a Public Authority in U.P. Govt and sough information on 5-6 points. They supplied me partial and incomplte information. I again sough information on incomplete points and some more points. They again sent me the same reply just changed the date of the letter. Thus, I have not received complete information.Please advise me what is the next court of action. Can I file an appeal to the appellate authority under which sec. of rti act or should i write the same authority to funish the complete information. Pls advise.
Thanks
P.C. JOSHI
DR.ANGSHU BHATTACHARYA
30 October 2013 at 00:11
after 10 yr of occupation,notified area bent on sealing parking place by dc order,though sale has been registered in sub registry office goverened by dc.is this sale registration is valid? what to do to get it regularised.i had been a tenant for11yr before buying it from promoter.soon reply expected as i m in the verge of loosing by sealing.thanking u in advance.waiting for early reply
K Animesh
30 October 2013 at 00:09
Hello,
I am K.Animesh, native of Bihar, settled in Pune for 8 years. Marriage took place in Patna in 2006 and soon after the marriage we had differences due to various reasons. Majorly, she never liked and accepted my family. In Oct 2010 we had a daughter. Soon after this her parents purchased a house in Pune and started living in same society. This followed by their constant interference and her giving attention to her parents and ignoring my likes and dislikes etc. Daily qurall was routine. Some time it resulted in Violence and abuse from both the sides.
Following this she started living with her parents since Jan 2013 and continued till June 2013. During the period I used to meet/ talk to my daughter.
On July 1st after a small fight she again left for her parent’s house and her brother in Law who was visiting Pune, from Lucknow, came and thrashed me and even registered a false case under sec 323 in local police station.
My wife ever since has deserted me and shifted to Lucknow along with her parents and my daughter. I tried to pacify her asked her to come back but she refused even did not allow me to meet or talk to my daughter for last 5 months.
My queries are:-
1. I love my daughter so much, considering that should I file for a restitution of Conjugal rights petition, hoping that she would come back along with my daughter? What are the merits or demerits?
2. I am thinking of filing the case in Patna, since the marriage took place there and we both belong to Bihar and coming to Pune for them would be difficult. However we both lastly resided in Pune for last 7-8 years and her father has his own house also in Pune. So what is advisable, filing the case in Patna or Pune? Can the case be transferred to Lucknow, considering they do not have any connection except her brother in Law, just to add, she is working currently there.
3. If she refuses to come back, what are the chances of my daughter's custody, considering they used the child as Pawn, disappeared from Pune without any consent or information and not allowing me to meet my daughter for 5 months, wife is currently working, weak financially, dependent on her ailing parents and daughter is residing in a compromising condition. I can even opt for work from home and devote more time for my daughter, my daughter and my relationship is like of a mother and a daughter. I love her so much. She just turned 3 years of age.
4. How much time does this type of proceeding take in India, usually?
5. If One can suggest a good lawyer in Pune for representing my case, who charges reasonably?
sanjeev kumar choudhary
29 October 2013 at 23:42
pl give me suggestion.what is next step AHEAD.
shivanu
29 October 2013 at 22:37
1) under Order 1 Rule 10 r/w Section 151 CPC for seeking impleadment filed by plaintiff
2) under Order 6 Rule 17 r/w Section 151 CPC moved on behalf of plaintiff.
Dear Sir, Please let me know that meaning /Rules /Clause of above mention 2 CPC section ...waiting for reply.
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Arbitration
R.Experts - After redevelopment, we have stopped our developer from converting stilt parking into commercial space. Now for this he is harrassing us by one or the other ways. We filed our case with MOFA Court of Vikhroli just last week, now, from when he has got this news, we are getting ltr from his advocate that we should settle the issue by way of arbitration. Yes, we have this clause in our redevelopment agreement. But we don't trust this. Bcoz previously also he has done so many similar meetings with us in same way, only name of this meeting was different, but in each meeting he puts a condition that we should first provide him consent for commercial space only after that he will resolve our issues. But this all is in verbal not writting. Please guide us, is it mandatory to first go for arbitration ? he there any way that we can prove that he is just planning to buy time & nothing. We have heard that the political person who is helping him hiddenly has adviced him that he should waste time till elections are completed, after that he will manage the show. Please guide what shall we do?