practicing advocate
30 November 2017 at 13:39
Respected learned counsel,
Five months back i have filed the dv case and still interim maintenance is pending owe to lame excuse that sometime the files were gone missing from the court but now the reply of the opponent has come and i have submitted my written argument for grant of interim maintenance simultaneously with the application for passing the protection order also.The lady judge has given a short date to file a reply on my application to an opponent lawyer.
My query is that how should i stress for interim maintenance as i already moved with my main petition at the time of filing the suit?
How to tackle the reply where my client is not taking a tuition but the opponent lawyer has mentioned in it?
Please guide me,
Advocate-pradeep mishra
Laksh priya
30 November 2017 at 13:36
hello expert,
I have already asked about details related to divorce order 3 months back. My queries was answered and it was helpful. My cousin bro whose marriage is dissolved by court (Nagercoil, Tamilnadu). It was dissolved on 30th August, when I asked experts they said it will take 2 to 3 months depending the court procedures. Yesterday lawyer gave a xerox copy of the original order. There was 2 copy one was the written order of the judge, another was the order stating facts of the case. both orderes had seal of the gov.(tamilnadu). Lawyer says for the original it will take more 2 months. I don,t understand the procedure. can u please explain experts.
Sunil
30 November 2017 at 13:13
If a person removed from bank with supernuation benifit s and without disqualification from future job
Can he clam his previlage leaves
( Leave encashment)
Arjav Mehta
30 November 2017 at 12:38
Dear Sir, We married in 2004 we have two kids one is 5 and 2nd is 12 years old. my wife is agree to give me divorce with mutual consent..but she told me she will came to filled divorce petition only once in a court than after she will never cam to court... she also agree to take child custody... and also agree to permit me to meet my kids also... i want to know that if i am going to mutual consent divorce what amount i should pay monthly to my wife.... also want to know if she will not attending court hearing what probabilities are there.
If she will not attend court hearing ain that case how many times take a court to give decision.
Moreover we are staying with each other in her house which one provided from her father but since last six months we are not sleeping with each other.
We never registered our marriage in a court ,
She haven’t any id proof or documents which one is containing my name behind him.
Xyz Raj Patel,,,,, she have all proofs containing his father name only.
Sid
30 November 2017 at 12:34
Bought a flat under construction in 2009, possession in 2010, but builder dint apply for house tax with nagar parishad , few years later tax was applied for , i.e since 2014 , however due to our absence,we were informed by none about it ,recently got to know all about it, checked online and personaly visited nagarparishad for tax info and commencement of same , however no record of our flat was found, apparently builder or the secretary dint send our agreement to nagarparishad for tax purposes, now nagarparishad says we personally cannot apply for tax ,its to be done by builder as his responsibility, now we r nowhere ,if are levied tax we would have to pay huge fine ,my flat is 470sqft, how can we seek justice against builders negligence? Builder is not cooperating
mohammed fakhruddin
30 November 2017 at 11:57
Dear Experts,
The case filed in 2012 and the case has been transferred from Vellore Tamilnadu to Pune Maharashtra. The accused lives in Vellore Tamil Nadu,
The Pune court has issued the NBW against the accused and NBW is not executing by police also I have approached SP office thrice, and also related police station.
I asked the Sub inspector of that particular police station, if you are not executing then reply to court and give the reason. Police not interested to answer it. Almost 3 months over no reply from them.
Is there any time frame to police to answer/reply to court regarding the NBW execution ?
If police neither executed the NBW nor given the reply to court? what will be the next step? how long I should wait to get reply from Police? can I file RTI in SP office for not replying to NBW?
Pls advice with your valuable suggestions. Thanks,
vijaya
30 November 2017 at 11:51
Respected experts, after issue of legal notices in partition suit in Nov'14 and Dec'14, a criminal case was filed on our family in Jan'15 us.420 & 506 alleging 4 bangles and money taken by us in Aug'14 and charge sheet was filed with oral statements of 3 witnesses only with no other material evidence. The complainant is my mother and first witness is her brother and both are defendants in partition suit. 2nd witness is wife of first witness and 3rd witness is maid servant of the complainant ie. my mother. It was alleged that my daughter took gold from my mother on a promise to return in 10 days and not returning and that when she asked to return we threatened to file partition suit. in fact we also filed a writ petition in Dec-14 when police started harassing us on different pretexts. That time also this allegation was not mentioned. We have contested in high court to quash the proceedings that they did not mention the alleged incident in their reply to the legal notices and also s.420 has no application even if their story is true. Order was passed in the high court deleting s.506, but saying the allegation attracts s.415 and dishonest intention to be examined by trail court.
May I request you to please throw some light on whether the said breakage of promise to return is a civil wrong or crime us.415. In the absence of entrustment or inducement in the allegation itself, does s.415 can really be applied? Please help me understand and suggest me the available legal remedies. I am concerned if filing criminal case in the court is that easy such as 2 defendants in partition suit can be a complainant and a witness without any evidence.
regards..vijaya
Anonymous
30 November 2017 at 11:03
Sir/s,
my clients have sold and supplied the goods to one firm vied purchase order of Jul. 2014. the goods supplied vied various invoices from Oct. 2014 to December 2014. My clients does not have any lorry receipt or delivery challan. as per the terms settled between the parties, one month period credit from the date of invoice was given by my client for the payment of the goods. after taking of the delivery of the goods the purchaser didn't pay a single amount towards the goods. they didn't even reply to the notice of my clients.
My clients wants to file a money recovery suit against the purchaser firm on the foot of account. My querry is that (1) under which section I can file a money recovery suit? Under O. 37 R. 2 or any other? further (2) In a recovery suit can I claim the amount of all the invoice i.e. of October, November and December or only December's invoices are maintainable. (3) is there any other remedy available for my client to recover the amount?
Rashmi
30 November 2017 at 10:30
Me n my mother are legal heirs of two shops after my father's death in 1992. Shops are in ground floor in a complex, Hubli, Karnataka. My mother's brother took over the business n other responsibilities and occupied the mezanine n rented the ground part to their known tenant. Tenant have dug a pit for wheel balancing without our knowledge n Complex owner have filed case against us for tenants misconduct. The notice is received by my mother's brother (tenant is aware of it. ) n appeared in case on behalf of us. They have run the case in my n my mother's name from 2010 till 2016 without our knowledge with forged signs. Now we came to know of this case n I submitted a written letter to the judge present at that time that the case is run without our knowledge n we have not appointed any lawyer. She told to appoint new lawyer. I want to complain against the lawyer who appeared on our behalf. No lawyer is supporting me in this case. How to approach Bar Council, what documents I need to produce, what is the procedure please let me know.
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Legal notice
Respected Learned Counsel,
I have given a legal notice to my client which is not served by him now in order to avoid misuse of my legal notice what legal remedies available with me to get my legal notice back so that i can cancelled it because it is duly stamped and signed by me.
Kind Regards,
Addvocate-Pradeep Mishra