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Amit   13 July 2015 at 00:56

Is it defamation?

Brief background:
A complaint was filed against an advocate in Bar Council of AP that the advocate was indulging in LIC business too which is against the rules of conduct for advocates.

The said advocate replied that he was not aware of the rules and asked for pardon which was granted and the complaint disposed off.

Now the same advocate renewed his license to continue LIC business. A fresh complaint was made again stating that despite giving written undertaking, the advocate renewed his license to continue LIC business.

In response to this complaint, the advocate made several false accusations against the complainant like (a) It was the complainant who forced the advocate to pursue LIC business and got him the license (this can be proved false as when the license was granted several years before they know each other) (b) that the complainant is demanding money to withdraw the complaint and is torturing the advocate mentally and physically by beating (c) that the said complaint is fraudulent and Bar council must take action against the complainant by addressing necessary orders to the company where he works (d) that the advocate never did LIC business (can be proved false)

My Questions are:
Clearly the response is false and much of it can be proved to be false. Also there was no explanation as to why he renewed the license when he was not doing business and when a written undertaking was already given. He is also maligning the complainant who simply reported the conduct of the advocate to the Bar Council.
(1) What action can be taken against the said advocate?
(2) Can the complainant file for criminal defamation?
(3) Complainant is writing a rejoinder to Bar Council with proofs attached but does Bar Council look into it and take action against the advocate or will it go soft again?
(4) If not satisfied with the action of Bar Council of AP, what are the options?

Thanks

Vijay Kumar   12 July 2015 at 23:22

Divorce

sir, i got married 5 years back and she lived with me for 1 month and after filed false 498A cases on all my family members as my parents did not agree to write property before their death. after 4years of legal battle we won 498A case and tried to for a compromise to get MCD. However, they are demanding my parents property and money,which was only property they have and was ancestral property. they have filed dvc and was still pending in lower court. We are going to apply for divorce. They openly challenged that they will not accept for divorce and threatned they will appeal all 498A and divorce cases in higher courts, as it will take years to get decree from one court to another court. Please suggest how this can be tackled legally. Do we need to file any counter cases ? is it sin to be born as innocent man.

Sanjeev Hota   12 July 2015 at 22:55

Divison of property

My grandmother had 5 kids, 4 sons and 1 daughter. All of them are deceased now. The sons are survived by there respective wives and kids. But my mother is no more has left behind 4 kids, 3 daughters and a son.

How many parts my grandmothers property be divided? Are each of us siblings also entitled to an part each along with a part each for the spouses of my 4 uncles ?

In simpler terms will it be divided by 5 parts or 8 parts ?

TANGO KILO   12 July 2015 at 22:52

boundary wall around land

Sir what is maximum height of boundary wall anyone can erect wirhout leaving any land around?
In that case can he give pillars in boundary?

Vishal Sharma   12 July 2015 at 22:52

138 NI ACT

Hello everyone, I had filed case against the accused of cheque bouncing in 2014, first bailable warrants been sent by court, then non bailable warrants but accused didn't appeared before the court. Its been sent on the address last known to me, the reply on summons are that accused don't live in that address anymore even though his parents are still living at that place. On last date court ordered for 82 and ask the local police station to act as per that. Now my question is that what if he don't appear on next date even? What will be the next step of court? What I can do to make him appear before court? Does I need to keep waiting for him to come? Or can I do something? Kindly suggest and help me. I do not have his any other address and he do not have any property of any kind on his name, I spoke to him online and he saying that he going out of india in few days before the next court date, so what I will do?

Vijay Kumar   12 July 2015 at 22:44

498a appeal & divorce

sir, i got married 5 years back and she lived with me for 1 month and after filed false 498A cases as my parents did not agree to write property before their death. after 4years of legal battle we won 498A case and tried to for a compromise to get MCD. However, they are demanding my parents property and money,which was only property they have and was ancestral property. they have filed dvc and was still pending in lower court. We are going to apply for divorce. They openly challenged that they will not accept for divorce and threatned they will appeal all 498A and divorce cases in higher courts, as it will take years to get decree. Please suggest how this can be tackled legally. Do we need to file any counter cases ?

Dhan bahadur sonar   12 July 2015 at 22:02

School certificate for establishing linkage.

I want to know whether a class VIII pass certificate is a legal document for showing that for example Mr.X is the son of Mr. y.
please suggest.

Ajay Paplu   12 July 2015 at 22:01

Marking exhibit

Sir,
In a case for recovery of possession, the sale deed exhibited by the witness that the sellers signature is 1/a, identifier signature marked exhibit 1/b but the document left blank and not marked exhibit. When we filed a petition to mark exhibit the court didn't and dispose off the petition by saying that the whole document could not be marked exhibit until and unless the typist be examined. problem is here that pw and dw has been closed and case is on argument stage. whether it is possible to reopen PW? or there is any other remedies for marking exhibit of whole document.

MANOJ   12 July 2015 at 22:00

Service tax notification 25/2012 st

Dear Sir

One of our client is in manufacturer of Animal Feed / Poultry Feed. He is paying GTA – service tax under reverse charge on transportation of Raw Material & FG. Raw material which he is purchasing for manufacturing feed includes Rice , soya etc. Can my client claim exemption under notification 25/2012 which says as follows – 20. Services by way of transportation by rail or a vessel from one place in India to another of the following goods - (h) agricultural produce; (i) foodstuff including flours, tea, coffee, jaggery, sugar, milk products, salt and edible oil, excluding alcoholic beverages; or 21. Services provided by a goods transport agency by way of transportation of - (a) fruits, vegetables, eggs, milk, food grains or pulses in a goods carriage; Also word agriculture produce is defined in Excise. Can our client claim exemption in service tax reverse charge on transportation of Animal Feed on basis of this definition.

Thnak & Regards

Amar   12 July 2015 at 21:48

Joint Ownership

Hi,

There is a joint ownership of property as per agreement without specifying the ratio.

But the consideration is paid by only of them.

So now, does the other owner has equal right?