B Guru Murthy
12 January 2017 at 00:46
Dear LCI,
querist (A1) convicted in 498a along with A6 (sister-in-law),
now waiting for hearing of sentence
on the day of pronouncement of judgment.......
Judge questioned for a1 & a6
for a1, why no defence evidence?
I have no answer to the JUDGE
AND
FOR a6,
as you took aliby on the day of alleged offence and you did not adduce any evidence to that, thus you are convicted
even a6 has no answer to the JUDGE
But the answer to question of JUDGE to the FORUM is ..,
that our counsel(legal aid) said not to adduce any evidence, so i was silent basing on his words and
no idea why, a1 convicted.
&
no clarity why, a6 was convicted.
but all witness as per 161 statement are hostile
only police and complainant side witness was taken
query:
in this regard A1 can request to call de facto complainant (498a petitioner & then wife for a1) to talk in court before judge regarding the sensitivity matters related of the case on day of hearing of sentenence
as provided U/s 235(2) - chance given to a1 to say few words related to case
Ravi Shanker
11 January 2017 at 21:14
Dear Experts,
My first motion of Mutual consent divorce is over and second motion date is in May 2017. I would like to know can I get certified copy of my Divorce petition and first order judgment right now. If I can get please tell me the procedure.
Thanks
Rajendra
11 January 2017 at 20:42
Consent Terms duly signed by the parties and
Their Advocates tendered, taken on record and marked “X”.
Decree in terms of Consent Terms.
Refund of Court fees as per rules.
Prothonotary to act on the Minutes.
Smt. Ramrati Radheshyam Gupta ) . . . . PLAINTIFF
Versus
1. Ramesh Ramdeo Gupta & Others )
2. Rajendra Ramdeo Gupta )
3. Pushpa Ramdeo Gupta )
4. Kamla Ramdeo Gupta )
5. Devendra Radheshyam Gupta )
6. Mahendra Radheshyam Gupta ) . . . . DEFENDANTS
CONSENT TERMS
1. The Defendants waive service of Writ of Summons.
2. Defendants admit that the properties described in Ex ‘A’ to the plaint were the property of Hindu Undivided Family consisting of plaintiffs and defendants.
3. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that under an Agreement of Family Settlement dated 1.10.1998 at Ex ‘D’ to the plaint, defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta received from the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta a sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434494 dated 25-1-1999 and another sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434495 dated 2-2-1999 drawn on Shramik Sahakari Bank Ltd., Sakinaka, Mumbai branch totaling to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full and final payments of the value of their share in the property mentioned at Ex ‘A’ to the plaint and in consideration therof they have relinquished, released and surrendered all their right Title and interest therein in favour of the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta. Defendants admit the correctness of the contents of the said Agreement of Family Settlement at Ex ‘D’ to the plaint. Defendants further admit that they have duly signed the said Agreement at Ex ‘D’ to the plaint after being read over the same to them in Hindi language. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that they have now no right title and interest of any nature whatsoever in the said property described in Ex ‘A’ to the Plaint.
4. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, agree and undertake that they will neither interfere with the management of the said property by the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta as exclusive owner thereof, nor shall they interfere in getting the said property transferred in the name of plaintiff And defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta.
5. Decree in terms of Consent Terms.
6. No order as to cost.
NOW PLEASE GIVE SUGGESTION TO BELOW MENTIONED MY QUERY :
IF PLAINTIFF EXPIRED AND DEFENDANT NO.1 IS ALSO EXPIRED AND THE GIVEN RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE RIGHTS HOLDER i.e. DEFENDANT NO. 5 & 6.
NOW I WANT TO KNOW THAT IF RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE DEFENDANT S NO. 5 & 6,CAN DEFENDANTS NO. 5 & 6 WERE EXECUTE IT NOW?
Prateek
11 January 2017 at 20:24
Sir, whether a tenant against whom eviction suit is filed have to pay the mesne profit from the date lower court passed the order or from the date the Hogh Court passed the order?
The main case is that the appellant filed a eviction suit against tenant and the lower court passed a decree in which it was held the tenant have to vacant the shop within 2 months and to pay Rs 5000 p.m as mesne profit. Tenant filed the first appeal but the Learned District Court upheld the order. Then the second appeal was filed in which The Learned High Court extend the time to vacant the shop within 18 months and upheld the other conditions. During the undertaking filed by Tenant he agrees to pay the mesne profit from the day the second appeal was filed not from the date an order passed by the Learned Lower Court.
Bhumika
11 January 2017 at 18:15
An advocate is registered in Rajkot Bar association.
If he wants to practice in gujarat highcourt.
is any other registration needed at Gujaraat Bar council to appear in highcourt
SATENDRA KUMAR MISHRA
11 January 2017 at 17:13
MY FATHER IS A RETIRED CENTRAL GOVT. EMPLOYEE HAVING PENSION. MY ELDER BROTHER IS ENGAGED IN INDIAN AIR FORCE. WHETHER MY FATHER CAN BE TREATED AS DEPENDENT ON MY ELDER BROTHER WHO IS WORKING IN INDIAN AIR FORCE. CAN MY FATHER AVAIL THE MEDICAL FACILITY GIVEN TO THE DEPENDENTS OF DEFENCE PERSONNELS? GIVE SOME CITATIONS OF SUPREME COURT.
Anonymous
11 January 2017 at 17:13
Hi experts,
I am having a query regarding correction of me and my father name in CBSE Certificates of class 10 and 12.
In CBSE certificates my name is RAVI S/o ANAND SINGH
Where as my correct name is RAVI SHARMA S/o ANAND SHARMA.
I had changed my school after 10.
I did my 10th and 12th in year 2014 and 2016 respectively.
I had contacted my 10th school when I was in that school for such rectification, for which they said it was a clerical error and they will get it rectified. But when I got my 10 marksheet, it was not rectified.
Now since my 10th certificate has my unrectified name, my 12th school took it as it was in 10th certificates.
NOW I am facing many probles and therefore wanted to get them rectified.
I contacted CBSE and they told me that there is a rule to make correction till only one year after the result, otherwise you have to get COURT ORDER DIRECTING CBSE TO MAKE SUCH CORRECTION.
Since now more than 1 year has elapsed from my 10th passing and which was base for my 12 certificates, I want to know from you experts what should be my course of action to have such rectification done.
Quick and professional reply appreciated.
Thanks in advance.
Pushpa
11 January 2017 at 16:45
M goan unmarried girl. I have father n mother is expired 3 years back. We are having house. M looking after parents. Earlier mother n now father. They given gift one plot to me as brother is not allowing to sale dat plot now father has decided to make house in my name. As they are looking after father at all n harassing us. Is it possible to transfer house in my name or he can make a will
Saran
11 January 2017 at 16:22
Dear Experts,
I engaged one engineer for constructing new house under labour contract, we made agreed as mutual in content typed in white papers, both we singed, unfortunately 85% of work completion & we made morethan 85% of payment to them. engineer stopped the work and not responded us, so that we hired the civil peoples and doing the work on daily wages. Meantime that engineer approached us thru one politician, we said that, he went off the works, so that we will finish the house work first then sit together and whatever payable or receivable both will solve mutually not an issue for me, i told them clearly.
Agreed labour contarct 20L and paid to them 18.60L, meantime engineer need to pay me granite laying charges paid 2l to me.
Now, today, that engineer went police station and made one compliant against me need to pay around 6lacs to him, concerned station SI called me and come for an enquiry,
i suffered lot by that engineers.
what should i do ?
whether its comes under civil or criminal law
Advice requested am in trichy tamilnadu
Regards
R Saravanan
97915 63907
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ipc 124a
A person has 498a, Domestic Violence, Divorce and CRPC 125 Maintenance cases.
In 498a case he has got bail with 3 conditions but he approached the Session court to remove all the 3 conditions. But,Honable sessions court removed only one condition.
In the Bail Petition which he applied for Sessions court to remove the conditions imposed on him, he mentioned the following..
1) para no 3. My wife had younger brother and two sisters, unfortunately according to her they are not as competent as she is. It is in the said background the marriage of the one her sister was solemnized elsewhere while reception held in Bangalore.
She visited India with an understanding that immediately after marriage she would return, the tickets is clear evidence of the same.
2) Para NO 4. When things stood thus all of a sudden she asked me to wind up my stay in United States of America and return to India so that I can help her to run their educational institution which is one of her family business in her native place.
I was shocked because my wife had desired a spouse from United States of America after marriage she promised to settled down in United States of America. I had shared with her how corruption in India had made me suffer while my stay in United States of America for more than 8 years not only rewarded me with better prospects but also gave me good respect, standing and good will.
3) Para No 5. I declined to return to India, although I am a great patriot. I was called upon to assist her, in running an educational institution, which is presumably a nonprofit organization, yet they earn huge profit by process of manipulation, in this background I refused to assist to such an illegal course for it was against my principal.
Questions Are.
1)He has made false allegations on Brother and Sisters of the girl. Based on these allegations can Defamation case be filed by the siblings/parents of the girl against him?
2)In Para No 4. He has stated that "How corruption in India had made me suffer" . He is a Traitor(a person who is not loyal or stops being loyal to their own country).Though he received Education, Degree, Food and shelter since his birth in India he has mentioned like this about our country. Can we file any case against him?
3) In Para no 5. He has made false allegations that "educational institution, which is presumably a nonprofit organization, yet they earn huge profit by process of manipulation". Can Board Members of Educational Institution file defamation case against him?
4) I would like to know about the opinion on Jurisdiction for all the 3 cases.
A) Weather I have to file the case in the same court where he applied for Bail? or Weather I can file a case in my home town/ other place taking the certified copies of petition and order copy?
B)In case of Que 2 weather I can file case any whereever in India since he mentioned about India?
Kindly guide me.