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Mahesh Agrahari   26 February 2016 at 15:59

498a quash/dismissal- foreign citizen - without appearing

Hi,
My second wife filed typical false 498a , DV etc case in Noida UP , three years ago when our marriage did not work due to incompatibility. The case was filed only in my name as police cleared my parents from FIR. There has been only dates issued on this case since then because I never received any summons nor did I appear in court. I am foreign citizen and don't visit india often.

She seems to be fed up going to court every month to get new dates and nothing more happened. She now willing to settle the case without fighting. She has no demands and ready to put in any statement/application in court to finish this matter. Ex-parte divorce also got issued last week.

I am foreign citizen living abroad with my school going daughter and it is nearly impossible for me to visit India as I don't have anyone to leave my daughter with. I would be grateful for the help from the experts to guide me on-
1. What is the procedure to get the case discharged/dismissed in lower court given other party is ready to cooperate ? Is it possible?

2. If it is not possible in lower court, then application has to be made in Allahabad high court? If so what would be the procedure?

3. Can this case be dismissed/quashed without my personal appearance in Indian court using power of attorney or representative layer etc? I could get all papers signed in front of Indian high commissioner under diplomat and councillor act. Will that be sufficient for no personal appearance?

4. What could be the reasonable grounds for getting permission for my non appearances during being represented?

Would greatly appreciate prompt response so that I can act as soon as possbole and get relief from this mess and move on with life.

Thanks
Mahesh

AJAY KUMAR AGRAWAL   26 February 2016 at 15:43

Service tax on vehicle hired for women helpline

We are going to hire vehicle liek jeep/cars for providing Women Helpline services i.e. to attend to various problems faced by women like home problems, eve teasings etc. I want to know Service Tax implications thereon. On which party at which rates? kindly clarify.

Viral Shah   26 February 2016 at 15:39

Local crime branch police officer

I have sold comm. land in Paliyad, Botad District, Gujarat State. One anti social element claims that the land is his & has attacked the purchaser of the land with a sword. He is a lier & wants to extract money, there has been a police case against him & he is under arrest, police says he is asking for bail.

Police wants us to give the proof of sell with the purchaser. Police officer says if we do not file any document we will have to attend to the case on every hearing & is saying that we will face problems?

We have given the Xerox copies of the documents to the officer that we are the owners of the comm. land.

Pls. advice ?

ASGAR FANSOFKAR   26 February 2016 at 15:17

Aadhar card linkage to ration


Dear Experts

The Ration Distributor in my place does not issue ration for even one of the family member who does not have Asdhar Card. Is it mandatory as I heard the Supreme court has ruled out, please let me know

Thanks and regards,

Nitesh Kumar Sharma   26 February 2016 at 14:43

Chit fund scheme cheques bounced

DEAR EXPERTS, HI...
PLS SOLVE MY QUERY:
I have invested in a Chit fund scheme. But after maturity, its cheques are getting bounced. What is Best & Quick legal course - whether u/s 138 of Negotiable instrument Act OR any other strong way there ?
Thanks in Advance

krishna   26 February 2016 at 14:20

Abatement

Respected Sir,

In earlier suit we failed to bring legal heir on record in 90 days hence suit abated, Thereafter we apply to court for withdrawal of suit with liberty to file fresh suit without applying for setting aside abatement. Court allowed the to withdraw with liberty to file fresh suit.
We filed fresh suit & bring legal heirs on record. Objection is taken of abatement by defendant as earlier suit was abated. Hence fresh suit is also abated.

Our reasoning is that it is implied that court has set aside abatement in earlier suit because court has given permission to file fresh suit. Hence suit is not abated.

If our this reasoning is not accepted by court then can court set aside abatement in fresh suit on sufficient cause shown ? (abatement has taken place in earlier suit which has been withdraw with liberty to file fresh suit)
Thank you.

Adv. Mitesh Varshney   26 February 2016 at 13:40

5% marks benefits to reserve category

The social and economic conditions of many people of open category is pathetic, and many times pathetic than those who belong to reserve category and gets 5% marks benefit. E.g. A belongs to open category earns 50k per annum and B belongs to reserve category earns 1.5lacs per annum, Here A has 44.99% marks and B has 40% marks, yet A is not eligible for admission to professional or law course and B is eligible and seeks admission.
What can be done to stop this discrimination

Mahesh   26 February 2016 at 13:35

Parking spaces for tenants

I have a flat in a society where the building has more than 30 flats of 1 BHK and 6 flat of 2 BHK. I own a 2 BHK flat and have rented out the same. Since inception (2010) the members have resisted buying the parking spaces from the developer. However a few parking slots are bought by some the members, who were unware about the provisions of the Supreme Court, society have already registered protest against the same with builder and also fighting a case in different matter with builder on this issue. All these years members and tenants used to park their vehicles as per their wish wherever they wish in the society premises. However now society has come up with proposal that the tenants will not be allowed to park the vehicles in the society premises. Here the issue is whether society can restrict parking for tenants ? Is it permissible under the provisions of relevant law ?

Mahesh   26 February 2016 at 13:27

Parking spaces for tenants

I have a flat in a society where the building has more than 30 flats of 1 BHK and 6 flat of 2 BHK. I own a 2 BHK flat and have rented out the same. Since inception (2010) the members have resisted buying the parking spaces from the developer. However a few parking slots are bought by some the members, who were unware about the provisions of the Supreme Court, society have already registered protest against the same with builder and also fighting a case in different matter with builder on this issue. All these years members and tenants used to park their vehicles as per their wish wherever they wish in the society premises. However now society has come up with proposal that the tenants will not be allowed to park the vehicles in the society premises. Here the issue is whether society can restrict parking for tenants ? Is it permissible under the provisions of relevant law ?

aatiya   26 February 2016 at 12:47

WILL PROBATE

dear Sir / madam , A Muslim Lady
make registered a WILL in favor 3
persons ie ; Two Daughters and one
daughter ' s Son and Will is under
probate and judgement pending in the
district court . Now among 3 persons 2
nd and 3 rd wish to transfer property of
their share as in WILL to our opposite
party who made an objection but 1
person among not wish. So , please let
me know can 2 nd & 3 rd person can
legally right to transfer their share of
property as in Will without permission
on first One as she has file Will for
probate in the court and is pending for
judgment and paying expenses all
court fees since 2009 . so request all of
you for your kind best legal advice and
suggestion in this circumstances of
this probate Cass . Hoping for best
legal advise and suggestion from you
always . Thanking you with Regards
Aatiya Mob- 09124088821