Anupam
07 August 2016 at 18:52
I have filled an CMPMO in High Court and challenged the order of trial court in which trial court rejected my application under Order 39 Rule 1 & 2 for interim injunction. But High court is saying that its not maintainable, and given me time to prove the maintainability on next day. could anyone tell me that CMPMO against the Order in which lower court rejected the application under order 39 Rule 1& 2.
sreedhar musipetla
07 August 2016 at 16:08
Natural elder sister is blessed with three sons and all are married. younger sister is not having any issues. On the request of younger sister, the elder sister has agreed to give one of her son in adoption. Is it legally valid? What rights the adopted person acquires? Can he succeed to her estate as an adopted son?
H Patel
07 August 2016 at 13:48
Respected lawyers, Please Help.
I am seeking advice on the rent case which i am fighting with the landlord. I am the tenant, and took a floor(1bhk) on rent 3years back. landlord is living on ground floor.
There was dispute in between me and my wife in 2013. then my wife filled complaint in women cell to get her all istridhan & to live separately in a rented house with me(living away from my parents). Based on mutual understanding(with effort from women cell), it was decided to handover the ishtridhan to her and we both live in rented house. my parents handed over all ishtridhan and took the receiving & Signature on the Ishtridhan list from her & her family. That ishtridhan items then shifted to the rented house. Then from first day, my wife took the keys with her and living with her parents since then.
(The rented house has INTERNAL door locks which are fitted by landlord itself). landlord handed over the keys to my wife in my absence.
Rent agreement was made between me(my name) and landlord. I paid the rent on time till the agreement duration of 11 months, Even though nobody(me & wife) lived there & premises was closed as keys was taken by wife. Then i stopped payment of rent as rent agreement was over.
5 months after rent agreement expiration(Expired on July 2014), landlord filled this case for rent payment and Evacuation in Dec 2014. Only I was made the party as tenant and not my wife.
On following points, seeking advice from our esteemed experts & lawyers. Please help.
1) This case is in lower court of district(to rent controller). the court has done rent accessment & ordered to pay the rent calculated based on 25% hike on the Rent amount specified in rent agreement. 12K in rent agreement & rent accessed at rate 15K. Can I appeal/challenge this order in higher court of district(or which court)??? As the rent accessed on 25% hike but normally 10% is increased for next year. I am not able to pay that much amount. But okay with rent accessed at 10% hike. Please guide. the case is not closed & further to decide on evacuation.
2) As keys(INTERNAL door locks of landllord) are with my wife and premises is closed, and Ishtridhan items are placed there, Am I legally abide to pay rent??
3) What is the way to vacate the premises as I am not in condition to pay rent? Considering that ishtridhan is placed in the premises. If I vacate, what implication i may face from wife?? She dont want to continue this relation and has intention to make money. and I also want to end this chapter.
Please advice.
Regards, H Patel
anuradha
07 August 2016 at 11:59
sir,
That i have filed my V.P in anticipatory bail application against the accused person and on behalf of victim to assist prosecution.
the fact of case as the victim is meet to the accused via her friend they both got involoved and accused since 2010 to 2016 have sexual intercourse with the victim at various hotels and resort on many occasions.
the accused always gives her promise of marriage and extract money worth rs. 7 lacs on no of occasions. the accused has promise her to marry and the victim has obtained loan for marriage in the year 2015 but in may 2016 he had married to another girl and victim has fild FIR u/s. 376 420 of ipc.
Now the anticipatory bail was rejected by sessions court and accuse has moved an application to high court bombay.
i placed record of marriage loan, and receipts of amounts deposited to accused bank account. in the investigation the facts revelled that the accused in the year 2015 he also acompany girl in the same hotel where the victim was went along with him and the same girl is married with accused now.
the accused from the inceptions of relationship he only extracted money and gold articles mobiles laptop and expensive gifts from the victim on the promise of marriage and have sexual relationship with her and failling to keep his promise he had married to another girl.
if any citaion of supreme court of india on above facts is there??? kindly provide and which is against the accused.
Rituraj kalita
07 August 2016 at 11:12
a legally mature girl got married to a person of legal age via registering their marriage in dist marriage office under special marriage act one year a go on 16/3/15 but they were living separately in their respective parental homes ever since and no such customary marriage ceremony was held between them( both of them are hindu), and it was mutually agreed between them and their parents at that time of registration that they would start co habitation after a gap of one year from the date of 16/3/15, but,during this gap period the girl as well her parents came to know about the real nature of this person who is a habitual drinker and he mistreats the girl over phone and even physically in the streets,and by coming to her home,now , girl as well as her parents want divorce from this person, can the girl file a divorce petition in the dist court urging divorce on the ground of cruelty... i m her advocate what should i do?
Ranenjit Dutta
07 August 2016 at 11:12
I had been granted for my fathers succession certificate under act 39 at west bengal on 2010 against 42000 stamp duty.
Presently I have filed for extension for the certificate as I had missed some to include previous petition. Now court asses the stamp duty again 50000. As i came to know max amount of a succession certificate is 50000 at west bengal , my quarry is should i have to pay 50000 again or just the balance amount of my previous petition that is 8000.
Vishal jain
07 August 2016 at 10:57
hello all..
plz. guide..
I have made an application before the Magistrate U/s 156(3) for the registration of FIR to all listed person for Electricity theft.
In some matters court has ordered to registered the FIR, but still the Police has not registered fir FIR. Now despite several request in court for the calling of STATUS REPORT from police, the court if not calling for the STATUS REPORT from the police, as it says it has no powers.
plz suggest any judgment where the court can call the STATUS REPORT from police
Vishal jain
07 August 2016 at 10:53
hello all..
plz. guide..
I have made an application before the Magistrate U/s 156(3) for the registration of FIR to all listed person for Electricity theft.
In some matters court has ordered to registered the FIR, but still the Police has not registered fir FIR. Now despite several request in court for the calling of STATUS REPORT from police, the court if not calling for the STATUS REPORT from the police, as it says it has no powers.
plz suggest any judgment where the court can call the STATUS REPORT from police
Vishal jain
07 August 2016 at 10:43
hello..
My client was working as an AREA MANAGER in a Ltd. firm
plz. suggest whether the AREA MANAGER comes under the defination of "workmen"
also plz suggest any judgment if any..
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Issued cheque with other name as security 7 year back
I issued cheque as security 7 year back and attached a pan card with other name but with my pic against a loan of 680000 . I repaid 330000 but now unable to pay more . Lender treating me for police case. What to do