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khurana   29 August 2017 at 00:58

I.a to accept advocate appointed by the court

Dear Sir,
I would like to know how to file a I.A willing to Accept Advocate Appointed by the Court or should I accept it thru Legal Aid?

4WhatIsRight   28 August 2017 at 23:21

Mobile tower erected in common terrace

We are two brothers living in a two storeyed building constructed in single foundation.
We got the property apportioned and mutated in our individual names.
Front portion numbered as plot 1A and back side portion as 1B.
We have built a 6 feet high wall on roof/terrace.
Recently my brother erected a mobile tower on his side.
As the chances of radiation are there, I am unable to use my roof.
I asked my brother to remove the tower but he is adamant, he says that it is on his side and I have no business to object.
I am not in favour of allowing this mobile tower on roof as it hinders roof usage.
Local police says that they have no role to play.

N Krishna   28 August 2017 at 21:17

Undivided land share

I am planning to buy a land from DS Max properties in bangalore. They are providing undivided land share of just 30% and they are claiming there is no deviation and they will get CC/OC and all necessary approvals. Isn't the land share provided quite low ? since the land share is low, isn't it bound to have deviation which would make it difficult to get necessary approvals /CC / OC from authorities ?

lordofrings   28 August 2017 at 20:41

Recording evidence in absence of accused

Hi
My wife has filed CRPC 125 and DV against me. The cases have reached the stage of recording evidence.
The cases are running in wife's parental place, which is in another state, and around 450km away from my place.

I learnt from my advocate that "accused (which is me) must be present during recording evidence, and recording evidence can take 3-4 days".

It is not possible for me to stay in this place for 3-4 days. Moreover wife can also harass me by being present on 1 day and be absent on the next day. I am already harassed a lot due to multiple trips to this place every 2-3 months.

What are my options so that I do not have to stay more than 1 day for the stage of recording evidence? Is it possible to get complete exemption? This is sheer harassment which I want to avoid.

navata   28 August 2017 at 16:28

Eligibility for application

Sir,

I worked in central government from 1996 to 2011. Thereafter, in January 2011, I got selected in state government in a gazetted post which is equivalent to Rs.15100-39000 (Grade Pay Rs. 6600) scale when compared to central government 6th pay commission scales. I have availed pensionary benefits on pro rata basis for the service rendered in central government. I joined state government on the very next day I got relieved from central government, without any break in service, and since then i.e., January 2011, I am rendering service in state government and now covered under New Pension Scheme.

Now, a post in the Information Technology cadre in Pay Band-3 with Grade pay of Rs.7600/- is notified in central government which prescribes the following requirements.

(i) 7 years of IT experience.
(ii) 5 years service in Pay Band-3 with Grade Pay Rs.6600/- or equivalent grade in parent department.

My doubt is since I have taken retirement benefits till January, 2011, will the first requirement of 7 years experience will be satisfied. I have no Break In Service and I availed pensionary benefits as I had the option to avail that.

My new department in the State Government has Service Book from 2011 onwards, and the earlier Service Book till 2011 is closed by the central government as I availed pensionary benefits.


In the Application Form while applying for the IT cadre post in central government, I had filled all the service particulars starting from 1996 to till date, and my present state government department has put stamp certifying that all the details are correct. However, state government department has no service book of earlier service.

I could not think much while applying and applied in a bona fide manner. Please guide me will it create a problem once I am selected and joined in central government.

Navata

S.D. Singh   28 August 2017 at 16:02

MISPLACE OF CHEQUE FROM COURT RECORD

In an 138 case, after appearance of accused, original cheque is missing from court file. What would be it's consequence on the case and who is responsible for such act. What should we do now.

Advocate Ravinder   28 August 2017 at 14:18

Sec.138 ni--forgery of p.note.

To
Learned Advocates,

My client had taken hand loan of Rs. 3.00 lakhs and had issued a signed blank cheque in discharge of loan liability. My client had re-paid the loan. But the creditor said that the cheque has been misplaced and will hand over shortly. But surprisingly, he filed cheque bounce case under Sec. 138 of NI Act by filling up the cheque.

The creditor had fraudulently created a fake promissory note of Rs.3.00 lakhs by forgering my client signature. I challenged the signature and it was sent to FSL. It is proved that the signature was forged by FSL.

My questions are:
1. Whether the cheque bounce case will be dismissed basing on the FSL report.
2. Whether I have to file separate cheating and forgery case against the Complainant. Or can I file Cheating and forgery case in the same 138 case.
3. Can I file civil damages case, since my client has to incur about Rs.30,000/- for Advocate and Misc. Expenses, mental tension, waste of time.

--P.Ravinder, Advocate, Hyderabad.

satkaran singh solanki   28 August 2017 at 14:14

Kowingly prepared false affidavit

My ex wife knowingly prepared a false affidavit about the birth details of my son. She changed his name, and place of birth in the affidavit. Then she used this false document to obtain a false birth certificate from her residential place R. I have the proof and original birth certificate from govt hospital of original place of birth O.
Has she commited an act of forgery under ipc 464, as she has signed affidavit (false document). for behalf of a fictitious and imagenary, mother who gave birth to the child at her residential place R, as she herself is real mother who gave birth to the child at place O. Seeing the explanation no2, under the IPC 464, she has written a flase document. Am I correct?

Ashima Bose   28 August 2017 at 11:47

Urgent help and guidance

Hello Sir
I am a 31 year old female living in Noida.
I have been in a very bad problem for the last 1 year.
The problem started with my decision to get married to a guy I knew around 7 years back.It was a arya samaj marriage that was done in Delhi. I am a Hindu but my husband is a Jain.
My parents did not agree of the marriage and I left my parents home to live in my so called husband home in Gurgaon.
However my husbands home was also not much supportive and as a result after 2 months I returned to my father's home and my father was very unhappy with me.
To avoid any embarrassment my family or me never told anybody about this marriage.
I was in depression for a long time but was able to come out of it after sometime.
All this while I avoided contact with my husband and so did he.

He too had not mentioned to anyone that he was married to me all this while.

However for the last 1 year i bumped into him and we started interacting again.

Things started on a good note but now he has been pestering me to divorce him. He has become very aggressive and threatening me with going public about our marriage by posting on FB etc.

If that happens my father will be very upset and have health complications.

I dont know what to do as I dont want any stigma since I intend to get married as per my parents wishes.

Plz help

Ashima

Vishwadeep   28 August 2017 at 10:47

Registration done but 7/12 document not transferred yet.

Hi all,
I am Vishwadeep Hate. I had sold my property to Salim, a builder by profession in 2007. I was young and ignorant and trusted Salim. He asked me to do a registered agreement in which it is shown that i have taken money from him. He also did an MOU with me in which he promised to give me flat and the cheque. He didnt fulfill his commitment and his cheque bounced too. Hence i did not transfer 7/12 document on his name.
Now after 10 years, government acquired the land and sent me notice to collect money. Hence i submitted papers. Later i realised that salim submitted application to stop the payment. I was ready to pay him money for withdrawing his application but he demands remaining plot and money.
Is there any way out to discard his registered agreement? Please guide me on this matter ASAP. I live in Nahur near mulund, Mumbai.
Vishwadeep
9167724183