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virendra chauhan   25 September 2015 at 13:05

case under domestic violence act 2005 by wife & 1 year old s

Please guide respected sirs,
Under the above law my wife and 1 year old son launch case
They are demanding 35 lacs for both day to day requirement & 25000/- monthly.also demanding rent 10000/- per month.
I am bank officer & My monthly salary is rs 41000/- gross
25000/- net
No other property on my name
How can I pay as per demand?
Still court has not started an process.
I received court notice yesterday & also not attend court yesterday first date was yesterday
Please guide
What possiblTys r there??
Before my marriage with her.she also broken her first engagement & taken 25000

She secondly engage with me & not comfortable with me & spoling my life & my son life
She used to do same every time
Please save & guide me

Yogini   25 September 2015 at 12:42

Not complying minimum wages act

Company is not complying the minimum wages act from past 10 years & it is giving less salary to its employees without employees knowledge.
1) Can any body complain to the labour dept?
2) If yes, whether labour dept will keep the complainer's name as secret?
3) Will there be any incentive to the complainer?
4) If ex-employee complains, whether there is no harm to such employee & will there be any career will be affected since the company has already given the relieving letter?
5) How company can take action to such ex-employee?
6) How can company get rid of these kind of issues?

Kindly clarify above doubts.

srinivasan   25 September 2015 at 12:16

Madras high court-madurai order

We received Stay order copy issued by Madras High Court of Maduri Branch against ESIC implementation of Coverage for Construction workers.

Whether the stay order is applicable to All over India or specially for Madurai Region only.

The stay order Respondents are ESIC-New Delhi and Regional Director-Madurai. We are from Coimbatore region.

Sumant Deshpande   25 September 2015 at 12:15

Cr.P.C.sec 397

NBW issued against accused.. I filed application for cancelling NBW..JMFC rejected my application.. Can i go in revision against the said order

SIVA KUMAR   25 September 2015 at 12:09

How to proceed legally in trail court

sir, please clarify my doubt and give your valueble suggetios. After passed away my GRANDFATHER(GF) in 1987 we entered registered partition deed between legal heirs of my GF ie. my father, my brother, me and my 3 aunts all our family properties along with suit property got divided in 1989. In 2005 my GF brother's grandson filed suit in sub-court against my father and my 3 aunts claiming they have joint right on suit property which is my GF's self aqueired we got plenty recorded evidence. my aunts are not filed vacalatnama till today, they are all sold their entire share in suit property, we not having good terms with them.
My father filed falls & untrue written statement in 2005. He died on 2007.We implead as his LRS in 2008. On 2010 I & my brother filed true & correct detailed written statement order 9 rule 7 CPC as r/w 151 CPC with recorded evidence by adopting my father’s written statement filed before Mandal revenue office and sub-collector’s office where plaintiffs filed for pass book & title deed suit property in 1994-97.
After completion of plaintiff chief examination, pw1 & pw2 evidence in 2012 they filed affidavit to strike off our written statement, they claimed we can not deviate my father’s falls & untrue written statement. On 2013 I filed chief examination affidavit order 18 rule 4 cpc and on 2014 I filed IA order 1 rule 10 for implead me and my brother as independent defendants as we got separate possession, Pattadar pass books & title deeds independent right and title from 1989 through registered partition deed along with my aunts on the suit property along with other properties. My father, my brother & I living each other separately since1989.I,my brother and my father jointly sold many properties from 1989.
Kindly suggest & guide me
1.The sections order1 rule 10 wrote on IA affidavits to implead myself and my brother as independent defendants in trail court is correct or not? 2.To allow our additional written statement in the trail court as LRs to my deceased defendant father per order 22 rule 4 sub-rule 2 cpc how to file? pl. refer section file IA.
REGARDS

SRY   25 September 2015 at 11:54

Claiming advance paid for machine which was never delivered

Hello,
I am from Pune and paid an advance to a machine manufacturer in Mumbai along with Purchase order. Its been 6 months, the machine was never delivered and the person cannot be traced.
I want to register a case to recover my advance payment. Advance was paid online and receipt was received on email. I have all communication on email to prove things!
I have following queries -
1. Case has to be filed in Pune or Mumbai?
2. Should a FIR be registered for fraud first or a case filed in court?
Thanks in advance for suggestions.

SIVA KUMAR   25 September 2015 at 11:11

Land cease reffer sections

Sir,
Before 1935 my grandfather (GF) and his 2 brothers were separated from joint family and they executed unregistered partition deed their ancestral properties in 1935. My GF’s elder brother have purchased house property in 1928 which is treated his self acquired in 3 brother’s joint family partition in 1935. My GF have purchased in his personal capacity after separating from his 2 brothers eleven land survey no’s and some house properties in 1938 at civil court auction in my native place. Since then we are enjoying them having in possession and paying land revenue taxes. All the revenue records stands in the name of my GF’s family members only till today which he purchased in 1938, he sold some properties out of them long ago. In 1986 after a period 48 years my GF’s elder brother have executed registered gift deed in favour of his 3rd daughter and his son-in-law, with 1/3 share only in 2 survey no’s which my GF have purchased in 1938. There is no donee’s acceptance signature in Rgtd. Gift deed. My GF’s brother (donor) and his 3 sons have got rgtd. Partitioned Deed in 1955. The donor or his sons in their partition are not claimed and not treated joint property the suit property and any other properties purchased by my GF in 1938. The donor and his sons are not claimed suit lands and purchased in 1938 on their files of A.P. land reforms at revenue office during 1974-45.
After passed away my GF we partitioned suit survey no’s and other our joint family properties and we executed rgtd. Partition deed in year 1989. My father, my brother and I entered one schedule and my father’s mother and his 3 sisters entered another schedule. My age is 52years and my brother’s age is 58years now.
On 1994 donee obtain pass book and title deed on influence. My father filed objection petition before revenue authorities for issuing of pass book and title deed to donor. After conducting enquiry considering revenue records enjoyment, possession, title and rgtd. Partition deed in 1989 the Mandal Revenue Officer (MRO) cancelled donee’s pass book & and title deed and issued separate pass books and title deeds each other in favour of my father, my brother, me and my aunts. Since before 1989 my father, my brother & I living separately. I and my brother got separate possession, independent right and title over the suit property since 1989. After donee’s appeal before Revenue Divisional Officer (RDO) he asked both parties to approach civil court. My father filed appeal before Joint Collector’s Office, still it is pending.
On 2005 donee’s family filed suit in sub-court against my father and my aunts only without knowledge of me and my brother. My aunts are not attended court and have not filed any written statements till today. We not have well term with them since the period of my GF. They are all collided with plaintiffs and their family. My father has filed false and untrue written statement (order 8 rule 1 cpc) in 2005 which is entirely different from which he already filed before RDO & MRO office. He passed away in 2007. We were impleaded as his LRS in 2008. On August 2010 I & my brother filed true & correct detailed written statement (order 9 rule 7 CPC as r/w 151 CPC) by adopting my father’s written statement who filed before MRO and Sub-Collector’s (RDO) Office through another new advocate with recorded evidence and proof. After completion of plaintiff chief examination, PW1 and PW2 evidence in 2012 plaintiff filed affidavit for strike off our written statement filed on August 2010, they demanded that we can not deviate my father’s falls written statement. On 2013 I filed true and correct detailed chief examination affidavit (order 18 rule 4 cpc) and based on our independent right, title and possession at the end 2014 I filed IA affidavit (order 1 rule 10 r/w 151 cpc) for impleading me and my brother as independent defendants to file detailed true & correct written statement to protect & prove our rights. Recently plaintiff filed counter for dismissal of my IA (order 1 rule 10 r/w 151 cpc) all proceedings in the trail court pending till today.
Kindly suggest & guide me
The proceeding chosen by me in trail court is correct? 2. Shall I have to file any other petitions instead of which we already filed? 3. Shall we have to file any separate petition to allow myself and my brother as independent defendants? 4. To allow our written statement in the trail court as per order 22 rule 4 sub-rule 2 cpc how to file? Pl. refer sections?
REGARDS

SIVA KUMAR   25 September 2015 at 10:42

Court proceeding

Sir,
Before 1935 my grandfather (GF) and his 2 brothers were separated from joint family and they executed unregistered partition deed their ancestral properties in 1935. My GF’s elder brother have purchased house property in 1928 which is treated his self acquired in 3 brother’s joint family partition in 1935. My GF have purchased in his personal capacity after separating from his 2 brothers eleven land survey no’s and some house properties in 1938 at civil court auction in my native place. Since then we are enjoying them having in possession and paying land revenue taxes. All the revenue records stands in the name of my GF’s family members only till today which he purchased in 1938, he sold some properties out of them long ago. In 1986 after a period 48 years my GF’s elder brother have executed registered gift deed in favour of his 3rd daughter and his son-in-law, with 1/3 share only in 2 survey no’s which my GF have purchased in 1938. There is no donee’s acceptance signature in Rgtd. Gift deed. My GF’s brother (donor) and his 3 sons have got rgtd. Partitioned Deed in 1955. The donor or his sons in their partition are not claimed and not treated joint property the suit property and any other properties purchased by my GF in 1938. The donor and his sons are not claimed suit lands and purchased in 1938 on their files of A.P. land reforms at revenue office during 1974-45.
After passed away my GF we partitioned suit survey no’s and other our joint family properties and we executed rgtd. Partition deed in year 1989. My father, my brother and I entered one schedule and my father’s mother and his 3 sisters entered another schedule. My age is 52years and my brother’s age is 58years now.
On 1994 donee obtain pass book and title deed on influence. My father filed objection petition before revenue authorities for issuing of pass book and title deed to donor. After conducting enquiry considering revenue records enjoyment, possession, title and rgtd. Partition deed in 1989 the Mandal Revenue Officer (MRO) cancelled donee’s pass book & and title deed and issued separate pass books and title deeds each other in favour of my father, my brother, me and my aunts. Since before 1989 my father, my brother & I living separately. I and my brother got separate possession, independent right and title over the suit property since 1989. After donee’s appeal before Revenue Divisional Officer (RDO) he asked both parties to approach civil court. My father filed appeal before Joint Collector’s Office, still it is pending.
On 2005 donee’s family filed suit in sub-court against my father and my aunts only without knowledge of me and my brother. My aunts are not attended court and have not filed any written statements till today. We not have well term with them since the period of my GF. They are all collided with plaintiffs and their family. My father has filed false and untrue written statement (order 8 rule 1 cpc) in 2005 which is entirely different from which he already filed before RDO & MRO office. He passed away in 2007. We were impleaded as his LRS in 2008. On August 2010 I & my brother filed true & correct detailed written statement (order 9 rule 7 CPC as r/w 151 CPC) by adopting my father’s written statement who filed before MRO and Sub-Collector’s (RDO) Office through another new advocate with recorded evidence and proof. After completion of plaintiff chief examination, PW1 and PW2 evidence in 2012 plaintiff filed affidavit for strike off our written statement filed on August 2010, they demanded that we can not deviate my father’s falls written statement. On 2013 I filed true and correct detailed chief examination affidavit (order 18 rule 4 cpc) and based on our independent right, title and possession at the end 2014 I filed IA affidavit (order 1 rule 10 r/w 151 cpc) for impleading me and my brother as independent defendants to file detailed true & correct written statement to protect & prove our rights. Recently plaintiff filed counter for dismissal of my IA (order 1 rule 10 r/w 151 cpc) all proceedings in the trail court pending till today.
Kindly suggest & guide me
1. The proceeding chosen by me in trail court is correct? 2. Shall I have to file any other petitions instead of which we already filed? 3. Shall we have to file any separate petition to allow myself and my brother as independent defendants? 4. To allow our written statement in the trail court as per order 22 rule 4 sub-rule 2 cpc how to file? Pl. refer sections?
regards

basavaraj shiromani   25 September 2015 at 09:37

Ni act

Sugar Factory lodged a complaint against the accused for an offence U/s 138 of NI Act, they have also filed one more recovery petition before asst registrar of societies.

no doubt both cases may be filed simultaniously, but the pleadings in both cases are concern,

in a complaint they said that the accused violated the contract entered in to and subsequently issued the cheque.

in a recovery petition also they have taken the similar contention.

no doubt they may file both cases, but based on the similar allegations, when the factory is to choose one action either civil or criminal ?