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pushpakrishna   21 July 2017 at 20:51

No act

Dear sir
A cheque given to me one of my customers and bounced back due to insufficient of funds and notice given for payment with in 15 days and he came and assured to pay with in a few days.but belived his version and went to other place and now came back and asked him to pay the amount on the dishonred cheque. Simply he is saying that you can do what ever you want as the limitation period is over.
Cant I file the AGANIST him u/s 138 of ni Act.kindly advice on this my dear experts.
Thanq in advance

Anonymous   21 July 2017 at 20:23

Authorities for cell phone location

Dear Sir/Madam
what are High Court & Supreme Court Authorities for getting Call Details for Criminal Court Cases

Ashish   21 July 2017 at 19:49

Will deed doctor certificate.

In 1981 eye specialist doctor can give sign mental fit certificate on will deed.

Denish   21 July 2017 at 18:30

How I get noc

Sir I m working in central govt service,, I filled one exam of different state at Feb 2014, and I got central govt job in Feb 2016, and that time I forget to intimate office about this exam, suddenly this exam comes in active mode in 2017, while taking this exam ,I intimate my office about this exam one day before exam, but not kept copy of that intimation, recently I get transfer to other state,, and I ask my noc to current office , it say tk noc from ur last office, and previous office didn't have that letter copy ,, what I do sir...bcz I m shortlisted in this exam ... Plz guide....bcz I mentioned my govt job in this exam at exam on omr sheet that I m a govt servant..so how how I produce noc...

Anonymous   21 July 2017 at 18:26

Divorce on mutual consent and affidavit

We got married on 18th Jan 2017 at Ahmedabad and my wife wanted to go to see her parents and said that she is home sick and could not wait more. She is from Nashik and her brother came to pick her up on 2nd April 2017. There was no fight/disagreement/anything unusual.

After going there, my in-laws called me on 21st April 2017 that they are not willing to send my wife back and want to end the marriage because she cannot adjust with us anymore. She did not tell me anything when she was here.

I went to Nashik with my sister the very next day on 22nd April 2017 and called them to talk about what is the matter and I wish to resolve all the issues. They at first refused to talk or meet, but then we held a meeting. Things did not work out and she and my in-laws unanimously told that they are not willing to continue the marriage. I felt like I am being forced to leave the marriage.

They told that she is unhappy because she had to be home all the time, my mom has spoken harsh words on her and she has to do all the household work along with my mom (We never had a maid).

Now, all her clothes and educational certificates are with us with they are demanding along with the gifts that they have given to me or my family during the ceremony.

1. I just want to know do we have to file an affidavit that no one will file any case against each other and we are returning all the belongings to her before the MCD decree or should all the belongings be given at the time of MCD?

2. Suppose we notarise an affidavit and mention that no one will file any case against each other, then can she file a false case of suppose 498A, domestic violence, etc. after getting all her belongings? Because there is no trust or we cannot understand their intentions. What happens after that and will the affidavit have any value in the false case? Can I be secured against false cases by this agreement or she will have all the rights to do anything and the value of this agreement will be disregarded in the eyes of law?

3. Can affidavit be filed at Nashik instead of Ahmedabad, because my in-laws are saying that she will not travel to Ahmedabad anytime.

4. What is more secure, MoU or Affidavit or MOC?

Thank you in advance for your advice!

Regards,
A needy person

iftekhar Malik   21 July 2017 at 18:21

Can ration card is accepted as age proof in pocso

Respected Sir,
in a criminal case under section 376/ 363/120B and POCSO ACT section 8/12 , I/o, of the instant case submitted a xerox copy of ration card as a age proof .
whether it is admissionable or not ?
kindly reply with a case reference

sushma   21 July 2017 at 18:07

498a

My brother got married to my sister in law, after i got divorced on mutual content she filed the divorce and 498 against our family. my name was also there wheras I didnt live with her any time. Can I remove my name from this case ???

Prosanta Ghosh   21 July 2017 at 17:31

Application after ex parte divorce

My wife leave 05.05.2015 from my home. in the mean time we have contacted each other. Now i found that she got Ex parte divorce on 31.01.2017. But I didn't receive any kind of summon or meet any person with that kind of summon. So, my first query is that is it possible for her to get such kind of ex parte divorce while I was fully unaware of the proceedings? If so, then please help me so that I can proceed further to save my marriage as I don't want to get the divorce?

Md Imran   21 July 2017 at 17:14

Partition in ancestral property

Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name in our Village, we currently stay in Bangalore..

Our grand father is also no more, my grand father had 3 Sons Including my late father. So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.

Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive. Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).

My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?

2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?

3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.

Please advise on the legal course of action for us in this matter.

Really appreciate your assistance in this regard. Thank You,

VIJAY   21 July 2017 at 16:34

498a case

Hi Experts,

My family members and one of my relative have been facing 498a case. The police have filed the chargesheet.
Before the chargesheet was filed, my relative filed quashing on the HC but only got a stay on the her. The case not progressed at all after that, my advocate said we'll see what the HC says in my relatives case and then we'll also appeal in HC. But HC did not pronounce anything and my relative has the stay. It's been over 2 years now but HC has not done anything and our case is not moving in the trial court.

After waiting for 2 years we filed a Discharge Petition for our family members but the judge just give next dates.

How effective is Discharge Petition in the trial court? My advocate that there is very less chance and the trail courts are afraid of HC asking them why did they release so easily and the trial courts will be accused of taking money. So the trial courts will not release anybody. Is this true?

I mean without any evidence how can we be attending the courts for years and what is this politics between the HC and Trial courts?

What are the next steps at this point to expedite the Discharge petition and what if the trial court does not even release anybody(even ladies) when they have no evidence in the case attached by the police and the whole complaint is based on oral story.