yogesh
07 November 2017 at 21:12
Sir,
I filed the case at Punjab Haryana High Court. The registry made objection that, in their rules, non P & H advocates cannot file cases independently unless they appoint Local advocate.
The rules whatsoever made by P & H High court debarring advocates who are not enrolled in Punjab & Haryana bar council, is complete violation of section 30 of the Advocates Act-1961, even if the high court made rules under section 34 of the Advocates Act, as it will infringe the fundamental rights and ultra vires to the constitution of India . Even Delhi High Court Rules too says that rules made by the Punjab & Haryana High court, under section 34 of the Advocate Act are not applicable in Delhi
My Simple query from the Ld experts is that for challenging the validity of such rules, where one should approach High court of the state or the supreme Court of India?
2 Apart from the P & H HIGH COURT, is there any other High court rules, debarring the outsider advocates to file cases in their respective High courts?
Subhro Das
07 November 2017 at 20:12
A and B were husband and wife. C was their only son, D is elder daughter and E younger daughter. F is wife of C. G and H are sons of C. I is wife of G. Of these individuals A, C and G have expired before 2013. B owned a house property which was sold recently for 80 lakhs. B has been forcefully kept by E with her and not allowed to meet D. In fact B being 90 years old is incapable of taking any conscious decision. So the entire process of property sale was handled by E keeping D in dark. Now what E has done is she has given share of sale proceeds to everyone i.e. B , E herself, F, H and I but deprived D. Can D now take any legal recourse to get her share? If yes under which law and section? Please advise.
Diwakar Bhardwaj
07 November 2017 at 20:12
dear sir my brother rajan has acquitted in section 376 366 120b by session court. but in that time my parents declared proclaimed offenders in 120b so they surrendered and 100 days have spend in judicial custody so what will the next procedure can we go to high court for quashing or any guideline by supreme court if the main accused is acquitted then what about others.? (statement of the girl in this case that the complainant told me to make the statement in the court alleging rape or i was asked by complainant to depose so by threatening otherwise he would beat me. she said this statement in the court then my brother acquitted . )
Vinayaka
07 November 2017 at 19:05
When a complaint is given in a police station and police does FIR for that complaint, why does the police take the signature on the FIR from the complainant ?
and police also writes the summary of the complaint written by the complainant on the FIR does this should be exactly as written in the complaint,
i heard somewhere that complainant should sign on the FIR only if FIR is right, how does the common man know weather FIR is right or wrong.
Shailesh
07 November 2017 at 18:08
Hi,
I have an query as in case of Non-Irrigated land minimum how much area (Guntha) is mandatory to transfer"Kharedi Khat" & 7/12
Thanks,
Shailesh
ApPrasaddd
07 November 2017 at 16:52
Hello Sir/Mam,
I had joined a company three months back(still in probation) and I have already put in my papers. But due to work environment I do not want to continue there. I wanted an early release, but they didn't provide me one. My notice period is officially one month but I really didn't wanna continue and also didnt wanna abscond (professionally unethical) there hence I said its a family medical emergency and I am flying back to hometown. I requested them to clear my exit that day itself. But they didnt agree. They allowed me to leave, but in turn they are asking me tor produce a medical certificate and also I will be on LWP and they want me to serve notice once I am back in town. However, I really need a release letter for them to continue working.
I want to be frank and drop them a mail saying that i donot wish to further continue working for them.I am not asking for any compensation just the relieving letter. But I am not sure how will they react or if any legal action can be taken against me.
Need your help as early possible. Please suggest.
Neeraj Singh
07 November 2017 at 16:10
Hello Sir, Please help me on the same,
1- My wife left my house(along with my both children 7+ yrs daughter and 16
months old son) on May 23rd 2017 due to some family arguments. My parents were
also present that time.
2- After that my in laws and wife went to Mahila Thana ghaziabad with their
complaint( I dont know what was they written in complaint)
3- After that we had three counsellings done at mahila than center.
4- At third counselling they asked me for the maintenance allowance either by
Mahila thana OR by Court. I told them that I will tell them after consultation
with my advocate within 2 days. But they denied for the same and instructed
counselling inspector that they can not give 2 days of time. And finally told
inspector to write down on paper that now they will lodge Mukadma against My
arents and Me.
5- After that, file is closed and FIR was lodges with IPC 307, 498A, 506, dowry
IPCs etc etc. In that FIR they mentioned that My parents and Me were killing
thier daughter on May 21st. No medical was given by my in-laws against 307
hence it was nullified by investigation officer in chargsheet.
6- After that investigating officer investigated and did not found any evidence
that proves 307 and removed my parents and Me from 307 and further charge sheet
to next level of Family/judiciary court and now we are waiting for summons. We
are checking the same regularly by visiting court.
7- INvestigation officer told me that I can continue to meet my children . But
when I went to my in laws house to meet my children then they tried to kill me
almost and then I called PCR by calling 100 number. I recorded all the
happenings in my mobile as a proof. PCR came and setteled the matter and then I
left got my office for night shift.
8- My in laws went to police station at the same night and filed 151 against me
by saying that I have done misbehave and beaten up my wife.
9- Next day I went to same police station to let them know the whole strory
along with all the captured proofs but they did not heard me and put me behind
the bars for 6 hours and finally challaned under 151. Further I tried to visit
police station but they did not registered my complaint.
10- Now I have decided to send my complain to police by speed post against my in
laws deeds as I have a good proof against them.
Please advise on the same if this works OR should I go for court case by hiring
advocate ?
Asking this becaused if I go via court case then there will be 2 parallel
running cases(one for point number 7 and another for point 6)
I am also thinkng to file children custody under Gardian and Ward act so that I
continue to meet with my children untill final verdict comes.
Please also advise if I can file divorce case against my wife and at what time ?
considering the point number 6.
11- We did not want to file petition u/s 9 of HMA as I did not want my wife to
come back again and join my family because my wife along with her parents are
misbehaving at full extent and after that they misuse law to gain benifit. My
wife do not want to live with my parents and also do not want my parents to come
to meet me and children. We can not live with this horrible condition. They are
doing this kind of behaviour from past 10 years since we marrried.
Please advise on point number 10.
Thanks
Neeraj Singh
9818117798
Ghaziabad.
Anonymous
07 November 2017 at 15:14
My great grandfather name was Ramsagar singh.He was 3 brothers.
(1)Pragash singh
(2)Rajkumar singh
(3)Ramsagar singh.
According to khatiyaan.There were total 21 bighas land.Out of which 10.5 bighas is mentioned as सम्मिलात which means all three were equal shareholders.Rest 10.5 bighas is divided as such as 3.5 bighas is separately mentioned on the name of Rajkumar singh.Rest 7 bighas are mentioned on the name of Pragash singh and Ramsagar singh.No where in the khatiyaan pragash singh and Ramsagar singh name has been shown separately in any single plot.Whereas Rajkumar singh is completely separated in the khatiyaan with his accurate share.
Then Pragash singh died unmarried without any successor.
My question is, to whom share of Pragash singh will go by law.Will pragash singh's share will be divided among Rajkumar singh and Ramsagar singh.Or khatiyaan separation will be considered as legal note and pragash singh's share will go to Ramsagar singh.
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Misguided by HR-L&T Construction
Hello Sir, I am working in L&t construction in WET IC.I had a bond of 2,00,000 rs at the time of joining.I Had joined as a PGET in May'17 and after probation period of 11 months i am working as a Sr. Engineer. I gave my resignation on 17th August'17 as better career opportunities. i gave a notice period of 2 months. During the exit interview( 10 days before the initial last date) HR told me it has to be 3 months as per rules. he also told me that the bond amount will on pro-rata basis though it's not mentioned in the agreement. he asked me to stay for one more month and i agreed. He called in after 5-6 days and told me to give a request letter to reduce the bond amount through Project manager. Because of the Diwali Holidays and non-availability of Project manager on Project site it got delayed. I submitted the letter with the PM recommendation to reduce the bond amount to him. He assure that it will be done at the time of submitting the letter. They have Held my salary and it's more than 2 months. As only 1 week left of my last date i asked him to told me the amount so that i can arrange the same. He told me they have not accepted and i have to pay rs. 2,00,000 before the last date(16th Nov'17). Referring the other cases, they ask to pay on pro-rata basis though it's not mention in bond.If there any law to hold the salary in notice period.? please Guide if anything can be done to reduce the bond amount and get my pending salary.