rights of a christian daughter

a

rights of a christian daughter

tenancy termination

land lord lets the commercial premises measuring 6500 sft. on second floor for 20 years lease by entering into lease agreement in writing which is not registered. In the said unregistered lease agreement there is a clause that the tenant shall not carry out any major alteration/additions/improvement in the premises without the consent in writing of the landlord.landlord sold the tenanted property to new owner/buyer who terminates the tenancy and filed eviction suit. Written statement is filed by the tenant alleging that he has converted the premises(open Hall) into rooms for lodging business spenting 10 lakhs with the knowlege of the landlord, though no consent in writing from the landlord is produced/taken in support of the same from the landlord to do so as per the clause in the unregistered lease agreement.Tenant files IA objection asking the court to appoint court commissioner to assess the value of the additions made to the premises.Now the issues are 1) Can the court appoint court commissioner for valuing the alterations/additions inspite of the owner giving the defence that He himself has made the additions/alterations ?
2) The tenant has not taken any consent in writing from the owner for alteration, Can the tenant claim the cost of the same from Landlord ? 3) by alleged alteration can the tenant take a defence that unless the cost of alleged alteration is reimbursed, tenant cannot be evicted ?
4) can the landlord argue that the tenant has not made counter claim and paid paid court fee on said claim, there court does not recognise these claim as per c.p.c act.?

HOW MUTUAL DIVORCE, WHEN ONE PARTY IS ABSENT AFTER PETITION?

After residing more then one year separate from my wife both of our parents and us realised for a mutual divorce and applied the divorce petition before the keonjhar court. Both signed on the petition and on the petition affidavit (arzi). After a week she left for USA on her project. Our advocates are saying to wait till her. I came to know that there is a power of attorney (Special Power) in which she will give to her parent to appear instead of her. When I asked about it to our advocates, they said that the district judge wants to see her at least once so that the judge can know that she wants divorce. Here in our first hearing date, the court pacer said, as you applied for mutual divorce the file will not place before the judge without the girl. In this situation our advocates saying to wait till her return. Is there any way so that I can request my advocate? It is not certain that when she will return. In this case what shuld i do?

Leave Details

Dear All


In which act the casual leave are mentioned clearly for the employee who is working in Factory.

Kindly do the needful..

Regards
Sudharshanan

Witnesses In US Not Reliable, Says CBI

1984 Riots: Witnesses In US Not Reliable, Says CBI

15 Jan 2009, 2008 hrs IST, PTI

NEW DELHI:

CBI feels the two witnesses examined by its team in the United States in connection with the 1984 anti-Sikh riots were not credible enough and failed to give any proof linking former union minister Jagdish Tytler to the rioters.

Jasbir Singh, who was examined by a CBI team in San Fransisco, gave details of his movement between November 1 to 3, 1984, in which he named one Sucha Singh, a resident of Delhi university area, as the person who had given him shelter from the mob. Singh had given the age of Sucha Singh as 65 and said he owned a two-room house.

However, the CBI found out Sucha Singh was a resident near Ludlow castle school and he denied having provided shelter to anyone. He also told the CBI that he had a seven-room ancestral house and not as stated by the witness.

His statement was recorded under Section 161 Criminal Procedure Code at the Indian mission in San Francisco, CBI sources said.

Another witness Jasbinder Singh was examined by CBI at the Indian Mission in New York who could not give any fresh detail to the agency sleuths.

He told the CBI that he was hiding along with two "sevadars" (volunteers) and "Ragi" (who sings morning prayers) but failed to provide the name of the three people for independent verification of his statement.

The CBI, in its report to the court, concluded that the two witnesses could not be relied on.

sec 498, 498 A , 406 and mediation

Sir, I am writing you this post on behalf of my brother who is 57 years old and is a 2nd engineer in merchant navy. His wife is 51 years old and they have 2 sons 23 and 18 years old at present.

To begin with about 8 or 9 years back my brother had a fight with his wife on which she left home taking the 2 minor boys with her. Then later she went to the police and registered a false case of dowry,cruelty,istridhan under sections 498,498A & 406. As a result my brother also approached court for anticipatory bail. There his wife laid a condition that she will not oppose the bail if she is given a residence for her and her sons living. My brother also agreed & he bought a 3 room flat in Delhi and gave the same to her just for the purpose of living only, after that he himself never went in the flat and stayed at Shimla in his mother's house. THEREAFTER she filed a case of maintenance restitution of conjugal rights and her temporary maintenance was fixed at 18000 per month.

Being in merchant navy my brother has to go to abroad and on high seas, here his wife always saw and continues to see golden opportunity to extract money and get her demands fulfilled. In these 9 years she many times threatened and sometimes also filed bail cancellation application in his absence, on false grounds if ever her demands were not fulfilled. Just because of his job my brother always agreed to her demands like flat, maintenance, etc without contesting the case. When their elder son turned 17 he decided to live with his father and is living with his father at present.

PRESENT SITUATION-: over these 9 years the criminal case went on a very very slow pace and except long dates nothing happened in the case. But few months back the stage of charge that is whether to be charge or not came. On seeing this a family matter the magistrate of Tis Hazari,Delhi asked both the parties if they want to go for mediation and both parties also agreed. Then this case was transferred to the mediation cell. Here his wife presented her demands like increase in maintenance,cash money,car,property,etc. and after some dates my friend also agreed to them. Then both the parties in present of their lawyers and judge signed the agreement in medition cell.Now as per the legal procedure the case in the mediation cell was over and again went back to magistrate court of Tis Hazari from where it was suppose to go to high court for questioning and final closer. But later greed came in her mind, she thinks that even more money can be extracted by further amending the agreement and so she retracted from the agreement of medition cell in the magistrate court & magistrate gave another date.His wife is asking the agreement to be rewritten or amended on which my brother is not agreeing. Is retracting from signed agreement legal? Does it not come under some crime like perjury or contempt? Is this also not some violation of any contract or civil law? ANY OTHER ADVICE IS THIS MATTER IS MOST WELCOMED.

SUspicious FIR

There was a compliant given at all women police station. Before interrogation I have got AB from high court. Interrogation happended, statements were recorded from both the sides. Registration of FIR is postponed. After one month FIR is registered based on another statement(? or complaint) dated one month after the first complaint. New facts were revealed in the second statement.
It is confusing the way FIR is registered.
1. Did the high court secure a copy of first complaint while granting AB.
2. Why there are 2 statements recorded on the complainant side. The first complaint was given by my wife's father, a statement givne by wife. The seocnd was given by my wife herself.
3.Is that a possibility that the first was withdrawn at the police level itself without going to court. Is that legal.

Please clarify

preferntial right

In one case the uncle of ‘X’ sold out his property to ‘Y’ which is joint in nature.
Can ‘X’ is able to get preferential right u/Hindu succession act for purchase the property?
Detail as follows:-

If the partition deed made in the 5 Rs. Stamp paper in the year 1977 shall be bound upon the heirs?

Can u/sec 22(1) of Hindu succession act preferential right can applied to the Nephew of the uncle?

Can after separation of immovable property separate property sold out? Can partition deed challenge under the law?

After partition deed is it possible to claim preferential right?

Please give the reference any case laws relating this case.

Complaint against police & sec. 202 of Cr.P.C.

In a private complaint against police officers; after directing the complainant to lead evidence and after recording the evidence, the court ordered the police to file a report u/s 202 of Cr.P.C. and concerned police despite of several reminders sent by the court; not submitting the report since last 4 month. The complainant moved an application for conducting the enquiry through an advocate(third party). But the court put the matter for waiting the report from the police who are the accused. What remedy is available for the complainant?