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Manoj Choudhary   18 August 2017 at 15:50

Contradiction in criminal complaint

In Nutshell:

A wife left home and gave a complaint to police against husband and his family.
Mediation proceeded but during mediation, she approached ilaqa magistrate under 156(3) but with different allegation and resultant FIR got registered. (The complaint given to police was still in mediation cell)

Husband got bail and other family members excluded from FIR by DSP( Charge-sheet filed against husband only)

Now what to do?

1. Contradiction of allegations in complaint to police and complaint to magistrate
2. Prior to complaint the wife has given a statement before police against her own mother regarding interference in
her married life
3. Police has not included the complaint given during investigation.
4. The status of the complaint given to police is still not known to the husband(though FIR has to be registered
normally)
Please suggest (I have filed and application under 156(3) for fair investigation to ilaqa magistrate but the same dismissed being premature)

Goapl Garg   18 August 2017 at 15:45

An ailing 83 years old witness

My father is is 83 years old and suffers from verious, serious Cardiac Ailments and is under medical attention since last 18-20 years(records available) He is specifically advised against stress-mental & physical, Exertion, Long Journey and is advised to move on same floor only to his capacity. He has been named as a witness in a criminal case arised out of forged sale of ancestral property by his brother to some outsider and a compalint has been filed by one of co-sharer.My father, though a co-sharer, did nothing, never visted the place or not plaintiff and respondent.Upon receipt of summon he went to far away in small town court at Rajasthan with our personal company & assistance but could only complete his statement before Public Prosecutor which were recorded and signed.Owing to very proactive atmosphere and deliberate provocation and tactice of defense lawyer he could not withstand and fainted inside the court and had to be admitted at District Hospital. Now one date is passed.Another date is approaching.The Opponents are threatning with issue of warrant against him.He is only a witness. What to do ? Very anxious...please

Anonymous   18 August 2017 at 15:26

Gpa property possession not giving

I have purchased a flat on GPA system and get register the GPA in registrar office delhi , i have done full payment and he promise me to handover the flat in 7 days but after one month past i locked by flat with the incomplete work now he has stopped the work and basic facilities are missing from building i.e water and electricity he is doing construction work is very slow in rate now i am afraid that when he will complete his work and whether i have to shift or not.....basic is that i want to save my full payment please advice me how can i get the flat or my full payment back. poonamsingh160184@gmail.com

Vinisha Pillai   18 August 2017 at 14:56

Permanent accomodation agreement under mhada act

Is there any provision under the MHADA Act which compels the developer in a Permanent Alternative Accommodation Agreement to give either furnished or bare shell flats only?

In case the answer to the aforementioned question is negative, is there any case law enlightening the same fact?

Rashmi   18 August 2017 at 14:37

Query

Hello sir, I am a student.
Last month I have taken my classmates sim card to use and before 2 days she filed complain against me that I was using her sim card without her knowledge. But that was only complain not FIR and I haven't told my family mambers anything about this and I have also returned her sim card to her yesterday. Now she has given in written that she does not want any action against me.
But sir I'm very scared.
Will this affect me if I apply for any government job?

Anonymous   18 August 2017 at 14:16

Regarding notice u/s 142

I have received notice on Thursday 17 Aug 2017 and was asked to present to AO on Monday 21 Aug 2017 and asked documents for assessment year 2010-11.

Actually I am unable to present on this date.

Hence please advise me on how can I extend the date of presenting documents?

N   18 August 2017 at 13:42

Witness in arbitration matter

There is a commercial arbitration proceeding ongoing between two partners in a pvt. ltd company engaged in media distribution business. There are certain points of disagreements between the partners regarding certain expenses and claims. I am an ex employee in a company of one of the partner. I am requested by my ex employer to appear and represent the company as a witness before arbitration in this disputes as I was handling the accounts of these company on behalf of my employer. In this regard, I would like to seek your advice on the following points
1. As an ex - employee what will be my liability as a witness in this case in my personal capacity if I appear before the arbitrator?
2. Could there be imprisonment or any criminal action against me in this matter.
3. Whether I should seek appropriate indemnities from my ex employer to cover myself and what should be the nature of the same
4. If I appear before the arbitrator, and if the matter goes into the court, then will I be called up in the court for the same.
5. Can I be held responsible for acts done during the course of my employment when done with the approval of my employer?
6. The period of dispute also includes some transactions done by my predecessor. Can I be held responsible for the same?
7. I am new to this arbitration proceedings and hence request your assistance as to whether I should accept the request of my ex-employer to appear before the arbitrator?
8. If I accept this request how should I cover the scope so as to keep myself protected?
9. Should I also consider buying a professional Indemnity Insurance cover in this case.

divya   18 August 2017 at 13:12

About husband problem

Hello sir im married before 6months.my husband has so much angry. He dont have any particular reason to get angry. When he is in angry he mentally torture me and maintain the distance and did not talk with me. Finally he just behaves like a cyco..
What i have to do for this problem

Member (Account Deleted)   18 August 2017 at 13:08

Section 101 society

Our society Is 40 yrs old bldg, in Mumbai two years back in AGM the M.C decide to repair our bldg and got a quotation from a consultant /contractor ( structural repairing) the process performed by MC was not transparent so I didn't pay the repair amount decided for my flat and and was issued 18% interest every month. The repair work was suppose to start in 1 yr ( 9 months collection) but after two year the repair work started and was been charged interest till then n now work has started shoddy one and the contract is given someone else rather than that person on whose quotation money was collected as thing didn't work , so transparency has taken hit and on collected amount the new one agreed to work on old quotation now In new AGM '17 they decided to use section 101 society act now my question.
1. Is as per my knowledge this act is for recovery of maintenance due which I pay regularly ( including the default repair fund,sinking fund etc)
2. does it also apply on repairing money collected separately by society .
3. And after complaining for two year to registrar office regarding malpractices and corruption in MC regarding society welfare and no transparency in repairing work. No action yet.
4. So The above section is applicable for maintenance due only or also seperately collected repairing money.
5. And can society charge such huge interests on separate collected amount just for repairs. Even when they didn't start work on allotted time.
6. In the current AGM we have told the MC that we will pay the amount without interest and also since 4 month the repairs have not even brought in wing that we live.
7. And any guidance regarding incompetence of registrar office to take action against MC even after repeated written complaints . How to get solution for this.

Please do let me know how to go about, they question was not about paying the repairing cost which we would have but the due lack transparency we didn't pay.

Too my doubts your expertise will help me.
Thank you.

Rajeswariii   18 August 2017 at 12:29

Judgement Copy

Sir, High Court has allowed our Writ Petition one month back. Yesterday only copy of Judgement is placed in Website. The certified copy is yet to come from High Court as we were informed that it will take one or two days more. My query is in the Judgement, it is mentioned that petitioner must submit the copy of this Judgement to the petitioner within two weeks and petitioner should respond within two months.The time duration mentioned in order copy refers to the day from which certified copy is received or the day from which Judgement is announced??