A. C. Dhingra
16 October 2018 at 19:34
Now that IPC 497 has been deleted, what will be the legal status of live-in relationship (while pending divorce) in the below situation while waiting for a long divorce proceeding (under Hindu Marriage Act ).
The case is - The married Woman has filed for divorce and the long divorce proceeding is going on for a year or more and she is still waiting for the final judgement.
And during this time, this Woman falls for a new relationship with an unmarried man. And she start living-in with this Man while divorce still pending.
My Questions are the following
A> Previously this was clearly illegal for the Man involved as the woman still remains a legal Wife of another man while pending divorce. And so the Man in this case (her new relationship that she has entered into while waiting for divorce ) could have been booked under IPC-497. But now that there's no 497, can the man be booked under any other Civil or Criminal law.
B> And also what will be the impact on the divorce-proceeding in this case. Clearly the Woman will most certainly loose her right to claim alimony and maintenance. But are there any other impact on the divorce proceeding.
[I am aware that while IPC 497 has been deleted however "adultery" remains a ground for seeking divorce]
divyanshu
16 October 2018 at 19:09
Sir,
The action under SARFAESI by the bank, against the guarantor is time-barred due to 12 years limitation? What is this time barred means -
a) An action under the SARFAESI is time-barred. or
b) The realization from the mortgaged property is time-barred.
c) What about the DRT proceeding how they recover after issuance recovery certificate?
d) Whether Bank has to return our property papers, if yes, how can we proceed?
e) If no, then what is the purpose of limitation act or the limit of 12 years?
Ref:W.P. No. 16511 (W) of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Dr. Dipankar Chakraborty
Vs.
Allahabad Bank & Ors.
Ranbir
16 October 2018 at 18:40
Can one file recovery suite in high court before approaching district court
Anonymous
16 October 2018 at 17:16
Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate owner, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot.
To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot.
Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval.
The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me..
Madhu Mittal
16 October 2018 at 13:38
A loan is given to Mr. borrower on 25.04.2017 by taking in repayment a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks a/c freeze. It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.
Whether suit under Order 37 CPC can be filed on behalf of this returned cheque of borrower against his legal heir i.e. wife.
sohail
16 October 2018 at 12:36
What will happened in Execution Petition. Step by Step Procedure in Execution Petition (Execution of Decree)
anveshita
16 October 2018 at 12:06
what are the powers, limitations and role of supreme court and high court?
Monika
16 October 2018 at 11:49
What to do ,when father died in 2013 and we have two married sisters and widow mother
after father dead ,younger sister convenience mother and in dwelling house ,she said her share is 2/3 and both sister share 1/6=1/6 due to spend some money in house construction by selling gold jewellery ,what to do
share with any judgement of supreme court
Charyulu KVN
16 October 2018 at 10:56
Consideration amount shown as 'zero' in Encumbrance Certificate against one transaction, what does it mean?
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Distribution of property
Dear concern this is regarding property distribution my grandfather have three son as per vasiyat the property will be distribut in between equal...in 2003 my father decided to construct a two room set in one corner of that property..Only 20%of the total land cover in this base of the house but due to financial problem we can not construct house ..Now we want to construct the two room set of that base but one of the partner is demanding his right on that base ..that is not ready by him we are trying to settle mutually equal distribution but that one partner are not ready.he is hrrasing my family.please suggest what we can do.. Because now the partner is out of country. But his wife threat us for stay case ..And police case
I request you to please guide what we can do in this case