barun deka
26 November 2009 at 09:14
a cheque gets dishonoured three months back. can i now present the cheque to the bank again so that it gets dishonoured again and within a months time i can file notice under s138 of NI Act? i mean is there a bar to present a dishonoured cheque more than once to avoid the limitation of s138??
Ashok
26 November 2009 at 08:43
Summary
I m earing 30000 plus, married May 2007. After 8 months wife went to her parental house with his father. we tried to settle the things but things were happening again and again.
in Sep 2008 they dragged us to police station and demand money(Rs 10000/month) and also i have to visit her parental house every now then just to toucher me and leave under there order. In order to avoid 498 and not to disturb the career and family, i was ready for above conditions.
For initial month i have sent 10000 rs through MO. but for the 2nd month have sent 1500 due to some problem. Immidiatly after that she comeup with thretening call that she will go to police if i dont give her whole amount for the month. i tried to convinced her that will give her in next 1 week. but she forcing me to come to her parental house which is not possible since i am working some other city.
Based on the MO Statment and the her thretening conversation we have sent court notice to come back. But they didint replied and at last they comeup with divorce solution.
in Mar 2009 we have register the first motion. Sep 2009 was the date for 2nd motion. i have given her all the maintenance of Rs 150000 in cash as well as her gift in the marrage. have the photocopies of that and also mentioned all these details on stamp paper which is made up by some intermediate people. The case is filled in Kolhapur session court, Maharshtra
We have given the same lawayer for both as per there condition.
My queries are as below.
1) Now its almost 10 months after we register the first motion. what if she not appeared. will court pass the divorce decrea in any case with the above details.
2) Can the case will remain valid from 6 months till 18 months or court may cancel it earlier in case failure to appear within this period.
3) It may happen that they(Laywer) might demand for more money. what if my lawyer give me false date due to that and have record of conversion of the lawyer that with me. Is there any way to convince court that was due to false date.
4) Is there are any options available for me to get the divorce based on the Money order statement which they demaned and also the stamp paper & photo copies which i have return there gift to them.
5) In case she change her mind and return back what will be my stand(She definitely do something in my home so that she can register a complain of 498 against me which she failed to do in the past). i have allow her or what options i have(without disturbing my family without trouble)
6) Her father is professor(But is alcohol adicted person), so how i gave them trouble(without disturbing my family without trouble).
7) what if i married to other in these schenario.
Sorry for the so much queries. but i am confused at the moment where to go and what stand to be carried out in order to do not distrub my career and my family.
Please advice. thanks in advance for your valuable response.
Bharat
26 November 2009 at 08:28
Hi,
Presently I am in USA since 7th April 2008 and someone from my relative filed 498A case against my family and also included my name in that on July-2008. That time all my family member got bail but as I am in USA, so police marked me as "Farar (La-Pata)". Now I am planning to go back to India for one month and want to come back to stay in USA until my Visa gets expired (it will expire in Oct-2010).
My Questions are:
if I go to India then would my passport be taken by Police? or suppose if I get a bail then would I be able to come to back to USA?
What are the options opened for me?
Please guide on this.
P.S.Subbaraman
26 November 2009 at 07:43
One of my clients had obtained a cheque for the sum that he had lent . The signatory to the cheque died and the family members of the signatory due to shock did not intimate the bankers of the death . The cheque got dishonoured due to insufficient funds ? The other side contends that the cheque has become stale after the death of the signatory? My client's contention is that the validity of the cheque is for six months period ? Is there any way out for my client?
Anonymous
26 November 2009 at 01:17
The story of the wife attracts sections of misappropriation, criminal intimidation, harassment, abetment to commit suicide and dowry harassment.
Now if a police complaint is preferred is it advisable to give one single complaint for all offences or give separate complaints for the offences relating to separate laws i.e., IPC and Prohibition of dowry.... act. for all the incidents mentioned above jurisdiction is at one and the same place falling under one police limits.
Rekha Rao
26 November 2009 at 01:10
My father-in-law has inherited a property(residential house) from his parents. He is the sole inheritor of the same. The property is in Jamshedpur, Jharkhand.
The property is rented out to a family since the past 20 years. There is no formal rental agreement between the parties. It is a mutual agreement that the tenant deposits a decided amount in the account of my father-in-law.
Recently my father-in-law retired and wanted to sell the property so that he can invest the money in Bangalore. My husband proposed to purchase the property from him(as in future he wants to settle in Jamshedpur). My father -in-law went to Jamshedpur and met the tenants and asked them to vacate the house within 3 months.The tenants expressed their interest in purchasing that property.
Question 1: Does the tenant have any right(s) to not vacate the property and claim that to be his own or ask compensation?
Question 2: Since my father-in-law is interested in selling the property to my husband. Is my father-in-law bound to sell it to the tenant? Can the tenant contest if it is sold to my husband?
Kindly suggest what can be done
Thank you for your valuable time.
Prashant Kolte
26 November 2009 at 00:25
Sir,I am Prashant,after 12 years of marriage,my wife has filed Domestic voilence petition against me in may 2009.To avoid future arguments with wife, from that day, I left my home & staying in rental place(same city) with my mom-dad..She demanded 3 things in petition...first 2000 rs monthly for my 2 kids(age 11 & 8 yrs).2nd 10000 rs monthly for her expenses..3rd permanent order from court to me that I will not sale my flat(where she is staying now with 2kids) in future...Trial is going on..But court gave intrim order 1st..2000 rs mnthly for kids...2nd order-till the result of this case,I can not sale my flat in which she is staying with my 2kids..3rd-do not remove her from my flat..All other demands of her has been rejected by court.Sir,I did B.E & MBA.Presently I dont have any job or not doing any business bcz for business I dont have funds.Also I took loans from various sources like personal loans,credit cards,car loan,amount from friends & relatives before this case..For paying all loans amount 14 lac Rs & to do business,I wanted to sell my flat(approx cost 20lac Rs) but wife did not agree with me.She need security right now & dont want to support me for selling my flat.She asked me to take money from your father who is capable but I can not do this.This is the main cause for her to file DV petition.I am the single owner of flat not jointly holding with wife.But she demanded to court the order that i will not sell flat in future.She also submitted papers showing various property in the name of my father & mother.But I have no option to sell flat & have cash for paying loans & also for livelihood expenses of me & my family.
My query is Can court at the time of final result give me order that I can not sell my flat (in which she is staying with my 2kids) for long life?Is it possible that I will arrange rental accommodation for her,rent will be paid by me & sell the flat?What are the remedy available for me?Bcz I need to sell my flat to pay loans & livelihood expenses.There is no option for me except to make suicide.Can any law of India grant me permission to die?
Please advice me in this regard.I would be greatfull to you .Eagerly waiting for your opinion.
Regards,
PRASHANT K.
25.11.2009
Member (Account Deleted)
25 November 2009 at 23:01
Can an ADVOCATE be surety for bail of his client in a police station (W/A bailable)?
Does it amounts to misconduct?
joyce
25 November 2009 at 22:23
Dear Experts ,whether law n its procedural code is important or the superme court reports, ILR's, or other such decided reports important? Since Judgment is issued on SC report and the main specific law is ignored by Judge.What to do with such judges. even though v get redress by appeal, what about judges altitude?
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