VIJAY
06 July 2018 at 23:18
Hi Experts,
A failed marriage and then 498a with DP act 3 & 4 in our City and then DV and Maintenance cases in her City in a different state.
I have had the worst phase of my life even though I never took a penny and full marriage expense was mine. I think facing a murder trail may be better than these cases and whole family and relatives are implicated just like that. I don't know when men will have their rights restored in this nation.
Coming to the cases, we have reached a settlement agreement.
I'll be paying half the agreed amount to her to remove the cases at her place first and the remaining half for the cases in our city - 498a and mutual consent divorce.
Now I need your expert advice on how to go about for the 498a with DP 3 & 4 and the mutual consent divorce.
I believe the 498a with DP is non-compoundable and hence Sec.320 will not apply (correct me). Does the Sec.482 in HC work for this?
Only chargesheet filed and no charges framed yet as one of the accused has got a STAY in HC and is lying there static.
I believe I have to approach the HC for the 498a with DP. How does this work here?
1. Does mediation apply here?
2. Does the HC treat this as a normal trial and call the complainant for her reply or evidence etc
3. What about the divorce, do we need to go to family court for this or can be obtained in HC itself along with the 498a removal/quash.
I want t divide the remaining half amount for 498a and Divorce, please suggest me how to go about it and when to pay the amount so that we are not stuck in cases while she has got the full settlement amount.
THANKS
Anonymous
06 July 2018 at 19:31
Sir,
Qtrs was allotted to a central govt official in chennai. He was staying with his wife in that Qtrs. Subsequently he applied for divorcing his wife in family court chennai. Afterwards he was transferred to Bangalore and the estate officer directed him to vacate the Qtrs as he was transferred. He was ready to vacate but his wife refused and obtained stay on the eviction order in the H'ble High court chennai as it is part of her maintenance. The Govt employee went to Madras CAT and obtained permission to draw HRA or apply for fresh Qtrs in the new place irrespective of t he high court order to be issued on this subject. Then the official was transferred to chennai again. The incumbant's knowing his previous history had asked for clarification about the Qtrs alloted to him and the estate officer clarified the Qtrs is still in his name and the official not eligible for HRA. Then the incumbant's 's office did not pay for his tenure . The official was transferred to Vijayawada.
Whether official's chennai office decision not to pay HRA to him is correct or not?
If HRA was to be paid him for his tenure in chennai who is responsible for the revenue loss to the govt? His spouse still occupying his Qtrs in Chennai and the divorce case in family court in Chennai. How the central govt office which was innocently traped in this case can come out with out any revenue loss? Please advise. Ganesh S
Anonymous
06 July 2018 at 16:35
City: Bangalore.
My father had brought land from a person 'X' who had in turn brought the land from 'A'. My father has constructed house and has been residing there from past 27 years and has obtained BBMP A Katha. Currently, the successors of 'A' have filed a case on the property.
- what is the best possible solution?
- can I rent out the house under this situation?
Viren
06 July 2018 at 16:24
Hi
In the appointment letter following is the exit clause
"Your service can be dispensed at any time from either side by giving atleast one month notice or salary "
one of my old colleague left the organization giving 10 days notice as he had to join by 15th july , but when HR forced him to serve one month compulsorily , he left in 3 days and asked to adjust the notice pay of rest period from his salary as per appointment letter .
HR Threatened him to serve one month compulsorily and Write mail to him as follows :
," thus it is further instructed to resume your duties from tomorrow or else organization is liable to take legal action against you, which include filing a police case against you.
the said employer have very unfair practice toward employees , most of the cases it do not make full and final settlement honestly and deducted most of the amount showing one or other reason and pay just penny. So it is understood that employee like to serve least period after resignation.
can you please suggest legal remedy in this case.
Ali
06 July 2018 at 15:41
Dear Experts,
My in-laws n some henchman came to my home in my absence and did theft my study certificates, passport, experience letters, gold and cash.
FIR also got registered but accused refuse to give my belongings...police not taking any action against them...SHO of police saying they 'll serve 41a crpc...!!!does it happen in theft case???
Plz advice how to get my belongings...
c.j.sharma
06 July 2018 at 14:25
sir/madam,
In our sale deed their is a common lane between the two plots. and our sale deed is executed in 1976.The map was also attached which is given by the trust.Whereas in other sale deed their is no common lane and the sale deed is executed in 2003.The common lane is indicated in all the documents excluding the sale deed of other party.Is the common lane be sold by the trust.
c.j.sharma
06 July 2018 at 14:18
hello,
sir /madam, the baikhatijabai haji ebrahim tayyabji trust was gave the permission of their property to sell by joint charity commissioner was 620 sq.ft.But the said trust sold the property upto 1087 sq.ft.including the common lane between the two property.when my father registered the case in joint charity commissioner,the officer told that now the trust is under wakf board maharastra.when we complaint in the wakf board ,the wakf ceo cancelled the sale deed.The trust said it is not register with the wakf hence the order of wakf is not applicable to them.what to do.
Priyesh
06 July 2018 at 12:52
Respected Lawyers,
My Uncle took a Loan in 1997. It was declared as a N.P.A. in 2007 due to non-payment towards that Loan. It was settled by my uncle in the Year 2017 in the month of July. As the Loan was settled my uncle demands the original title documents of the property from the Bank and also ask to make a release deed as property was mortgaged for this loan at the time taking loan. Now the bank from since last one year not done the same. Please suggest a way how my uncle deal with this situation ?
Udayan Sarmah
06 July 2018 at 12:29
I work in Rain Forest Research Institute, Jorhat which is a Research Institute of Indian Council of Forestry Research & Education, Dehradun under Ministry of Environment of Forests & Climate Change, Govt. of India. The employees of the council are facing a problem relating to deduction of House Rent Allowance from monthly salary. Many employees don't live in the Govt. Accommodation provided by the office. In Rain Forest Research Institute, there are Govt. Accommodations are available but the required basic facilities are not available. Nearby ATM, Bank, Hospital, Post Office are not available in the Rain Forest Research Institute campus. Also there is no good facility of Shopping Market. The campus security service is not up to the mark. The office has been using Home Guards from Assam Police Service but some of them are very old aged. The Home Guards are deployed without any arms and cannot fight back in case of emergency. Also if any employee feels weak, then he has to travel almost 20 Kms to visit hospital. Also the campus area is not same for the paddlers as sometimes tigers roam around the campus. There is no reputed school and marketplace are available nearby the office campus. But the problem is that, the Director of Rain Forest Research Institute have suggested for deduction of House Rent Allowance from the employees if they are not availing Govt. Accommodation. Forcefully the authority has decided to allot accommodation to the employees and if employee refused to avail the accommodation, then the authority has decided to deduct the House Rent Allowance from the salary of the employees. Please let me know is it possible to deduct House Rent Allowance from any Govt. employee if he/she refuses to avail Govt. Accommodation? If accommodation is allotted, then what basic facilities are to be provided? As I have enquired, found that it is not possible to deduct House Rent Allowance from employee if he/she refuses to avail govt. accommodation (as per Central Administrative Tribunal verdict. The link of the verdict is attached) Link: https://www.hindustantimes.com/delhi-news/can-t-deduct-rent-of-staff-who-refuses-govt-accommodation/story-0bsPX7GJY9XtVsVNZZN46O.H T M L. Please suggest me as soon as possible.
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I haven't got hostel accommodation
I am a student in central university of karnataka *ug* I am a fresher I am from Telangana, medak
Sir I have not got the hostel accommodation in the university but the classes were started at 2/7/18 as per the academic calendar of university I don't know we're to stay I don't know any one in the university and Outside of the university
I went to. To the campus on 3/7/18. And met the concern person who allots the hostel
( Dean of students welfare) central university of karnataka
I got the below. Reaply
We provide hostel by merit basics� & reservation basis
And I requested them but there are not responding properly
I belong lo general Category I am an Economically Backward person and I can't effort the outside Hostel sir
Sir is there any possibility to get hostel accommodation legally