SAM
23 May 2017 at 17:01
Dear Lawyers,
Please provide me your feedback in this case. I have got interim bail from Sessions court. Do reply me with your comments. Please find below mentioned Order passed by the Hon'ble Sessions Judge
Regards,
Sam
ORDER BELOW EXH. 3 IN ANTICIPATORY BAIL
APPLICATION NO. 1283 /2017.
1. Perused application.
Heard Ld. counsel Shri. J.A. Azmi, for applicants.
2. Ld. counsel for the applicants submitted that applicant no. 1 is husband of complainant Shilpa, whereas applicant no.2 and 3 are close relatives
of accused no. 1 Somu Anand Ramteke. Marriage between applicant no. 1 and complainant was solemnized on 20th June, 2012. After marriage, she came to the house of her husband for cohabitation at Mira Road.
It is alleged by the prosecution that accused in furtherance of their common intention, subjected her to cruelty, beaten her, abused and threatened her. Complainant was never illtreated, but after about 8 months of the marriage, she was left to her parent's house at Sakoli, Dist. Bhandara. Though several attempts were made to bring
her back, she did not turn to her matrimonial house.
3. Having considered the facts and circumstances of the case, nothing is to be recovered from the applicants. Hence, in my view, custodial interrogation of applicants is not necessary and interim protection can be granted. Hence, the order.
ORDER
1] In the event of arrest of applicants namely Somu Anand Ramteke, Sumedh Anand Ramteke and Smt. Jyoti Anand Ramteke, they be released on P.R. bond of Rs.20,000/each with one or two solvent sureties in the like amount each in C.R. No. I of 218 of 2017, Kashimira police station, for the offences
punishable under section 498A, 323, 504, 506 of I.P.C., on following conditions.
a) The applicants shall make themselves available for interrogation by a police officer as and when required.
b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
c) The applicants shall not leave Konkan region without the previous permission of the Court.
d) The applicants shall not commit any other offence or similar offence.
2] Issue showcause notice why adinterim
anticipatory bail should not be confirmed. R/o. 25.05.2017.
Date: 17.05.2017.
(A.S. Bhaisare)
Additional Sessions Judge 3,
Thane.
Amitava Bandyopadhyay
21 May 2017 at 21:45
What is the tax liability of a pension policy surrender value sum assured on which is zero as per Section 194DA ?
Advocate M J
20 May 2017 at 19:11
GOOD EVENING THE LEARNED JURY,
DIRECTION TO THE POLICE TO REOPEN THE CASE.
1.A PCR was filed against co-operative Bank
2.The magistrate ordered the police to investigate & file a report due to which
the FIR was registered.
3.After which the bank filed Cr.Pl to squash the FIR but unfortunately it din't
happen instead the H.C passed an order
saying that there exists a civil & criminal
angle & permitted the police to investigate the case. The bank put influence & got the B REPORT saying that
exists a civil case only. Basing on the B
report The PCR was dismissed. There is no
evidence supporting the B REPORT. The
statement of my home loan a/c is fully
manipulated & forged. I have taken 10lakhs & paid 15 lakhs now the bank is
asking me to pay 25 lakhs as per their
account statement which is forged. Can I
file a criminal petition to re-open the
case on the B REPORT &conduct fresh investigation & file a chart sheet. Basing on the B report the PCR got dismissed. kindly guide me what to do since my client wants to close the H.L.A/c & settle the matter once for all
failing which has to shell out several
lakhs more than what he has to pay or loose his shelter in spite of he paying
the full loan who is a retired teacher
please advice me how to go about this to
save a retired teacher who cannot pay
extra amount due to which he will have no
shelter & will be on road. please help me to help him. tks.
Rafath sultana
19 May 2017 at 18:16
Sir i paid the decretral amount as the high court orderd to pay monthly 15000 till the date of realization .awarded decree amount is 546000 is paid.
If thy again asked to pay intrest
Wht i need to do
My advocate need to send a notice or shall i wait for there action
Because when i asked thm to give the noc thy clearly refused and ask to pay more amount in one time settlement.
But high court granted instalment to me and i copmlete the high court order.the total amount i already paid.
Rafath sultana
19 May 2017 at 17:56
Sir i paid the decretral amount as the high court orderd to pay monthly 15000 till the date of realization .awarded decree amount is 546000 is paid.
If thy again asked to pay intrest
Wht i need to do
My advocate need to send a notice or shall i wait for there action
Because when i asked thm to give the noc thy clearly refused and ask to pay more amount in one time settlement.
But high court granted instalment to me and i copmlete the high court order.the total amount i already paid.
Amit Sharma
19 May 2017 at 15:47
Hi,
The State Government issued notification dated 16.08.1988 under Section 4 of Act, 1894 applying urgency provisions and issued declaration dated 22.02.1989 under Section 6 of Act, 1894. The Special Land Acquisition Officer passed award dated 30.07.1991 under Section 11 of Act, 1894 in respect of the land notified on 16.08.1988. And we have filled writ petition against State Government for stay in Aug- 1989 and the writ petition was disposed on 2000. And till date we have not get any compensation for related lands and we have physical possession almost half area which was acquired. But we are fight with authority by court till date.
My question: - In khasra khatauni our name was dismissed and put the name of related authority (GDA) till date. We have made a registered agreement with third party like “third party will release our land from government or GDA (by Shasan or by court) and we will give some part of the land to third party”. If we will win the case by court as our disputed land comes under 24(2) act of new land acquisition act 2013 then according to registered agreement third party has right to take the some part of land or not because the registered agreement has no destroy date. The registered agreement was made by our grandfather name who was expired in 2013. But till date there is no progress. Now we want to fill writ petition for disputed land itself.
So please tell me that agreement is valid or not if it is valid then we can destroyed it by law.
Thanks
VKP Advocate
18 May 2017 at 23:47
Section 30 of the Advocates Act was notified in 2011. It was believed that Advocates will be able to appear before all Courts in India irrespective of their registration with a Bar Council. However, while upholding The Alld. High Court Rules, the Supreme Court last year held that right to practice is not absolute. Can some one throw some light on the position existing at the Bombay High Court? Can advocates who have already applied for a tranfer to the Bar Council of Mah and Goa, appear before the Bombay High Court (original and appellate side both) pending such application fod transfer?
jains
18 May 2017 at 15:38
In a s 138 ni act case, complainant is a stranger to the accused. Accused believes that he does not know accused. So he want to prove it. Whether some photos can be seen to the complainant to identify the accused from it. What is the provision.?
Vasudevan
12 May 2017 at 23:02
In Delhi District Court, in case of Disproportionate Assets it is stated that the Gross salary minus Income Tax paid to be taken as income. They had cited Circular no.21/40/99 -PD(Pt.) dated 28.11.2001 of the CBI. Can any body send the copy of circular to my e-mail id vasuvenkat61@yahoo.in. Or else any judgement of High Courts or Supreme Court to the above said effect. Kindly spare the same if available and oblige.
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Wife not appearing in mc and scope for prejury
Dear Sir,
good morning
I have approached court for divorce and custody of the child, wife has filed for MC u/s 125 crpc (after divorce petition) but she has never appeared in court MC process and court has issued NFT which is going to happen next monday. In her MC application she has mentioned that she is unemployed but in fact she is working somewhere but i am not sure whether she got the job before or after filing the MC. so far there is no order for Interim maintenance but am paying for the child.
I have filed counter in MC stating she is employed somewhere.(I do not have documents to prove this but sure she is working) and a copy of the MC she has filed before in High Court to transfer divorce /custody petition . she did not even produce high court order before family court to move files to court near to her residence , finally i have done that . is this a contempt of court ?
I would like to pursue the case against her , though her MC may get rejected if she do not turn in the next hearing.
under the above circumstances may I request your feedback on my queries please
1. when the court rejects MC due to other party absence, does that mean my argument -my counter is accepted by the court , can I base that to apply for further legal action
like defamation /or what other case can be filed against her for lying and mentally torturing me and my mother by stating false charges,
2. Do I have opportunity to State before court in next hearing(NFT ) that she is working somewhere and required further examine ?/ asking her bank statement as proof for fund transfer from my side.(paying for the child now too) she has claimed i have not paid anything.(does this apply if she do not appear ? )
3. If her MC gets rejected due to her absence do I have still scope for perjury against her ( but I do not know when she has got job but sure when high court order came she has job.)
4. is perjury is applicable only to her or also against her relatives for conspiring to state false things to get undue advantage.
5. If i gets her employment details before next hearing which is NFT , can I submit the same on the same day of hearing stating perjury (if at all )
if i gets after court dismissing the MC, can I still produce the document and request for perjury ?
7. any other suitable remedy under the law to prevent such kind people harassing people like me
8. Can I seek information from her employer about her employment status , after MC gets rejected is there any legal issue in that.