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kaya   17 June 2015 at 01:29

niact sec 138

Dear expert.My query within how many days after receiving the bank return legal notice to be sent to chq issued person?

R.Manivasagan   17 June 2015 at 00:21

Adoption by divorcee

The Wife got divorce from her Husband and is living with her 1 year old child separately.

Whether that Divorcee women can give adoption of her child ?

Whether the consent of the Husband is necessary/mandatory?

If it is so, what are the legal formalities to be followed to get consent from the Husband?
please seniors...

pratik   16 June 2015 at 23:35

IPC 498

Sudhir Kumar sir please Reply on my query posted on DTD 13.6.15 regarding IPC 498 filed by my wife on the basis of home loan she told a dowry please sir help me

S. Fernandes   16 June 2015 at 23:25

Execution proceedings

Respected lawyers,

Sir,

I am a decree holder representing myself in the execution proceedings.

In said execution proceedings I have attached property belonging to the judgment debtors.

A third party filled objection to the attachment under rule 58 of order 21.

I replied to this third party application..

I subsequently realised that I had ommited some important pleadings, hence I filed an application to ammend my reply. In this application I stated that the ammended reply is attached as annexure-a with all ammendments underlined for easy reference, and craved permission of the court to allow the ammendments.

The application for ammendment was taken on record and copy given to opposit party for say at next hearing fixed for 19.6.15.

I have today learnt that the opposit party has taken objection to my application for ammendment on grounds that the same is not per procedure and deserves tobe dismissed.

Can you please advise me:
1. Section of CPC that gives procedure/format for asking ammendments.

2. What can I do to remidy this situation.

much thanks.

Balaji Sr.Section Engineer   16 June 2015 at 22:48

Trust

we have public trust in avadi, chennai and one of the dharmagatha of temple which is in next area agreed to give that temple under trust management where as eb bil, tax all named under his wife and his wife also accepted for this deal.. 1. now my question is how can i make a deed? 2. will that affect our trust forr geting 12a and 80g certification? please help me.

Pranav Sharma   16 June 2015 at 22:45

Appeal against rejection of ad-interim injunction order

If an application is filed in HC under O 39 R 1 & 2 for passing an ad-interim, ex-parte injunction against defendant before Single Judge. But Judge has rejected to grant ad-interim, ex-parte injunction, but application itself is not dismissed. Can an appeal be made against this order of Judge by Plaintiff? If yes, then under what section or order of CpC? or Plaintiff has to file Review or Revision Petition? Is there any case law on this subject which can be reffered? (Case Law preferably of Delhi HC or SC)

Goapl Garg   16 June 2015 at 22:38

Sarfaesi act = notice u/s 13(2) & 13(4)

I have allowed my flat under mortgage towrads credit limit to my brother"s pvt ltd company and it is clearly mentioned in the sanction letter that my liability shall remain restricted to the value of my property under mortgage,i.e. the flat.My brother met an accidental death and his company turned into bad condition and his loan account has become NPA with liability of about 4.00 crore.

The bank has issued notice u/s 13(2) to the company and to myself as guarantor asking for payment of 4.00 crore.I objected thru my letter that I am not liable for the total outstanding but to the extent of value of my flat.Bank did not answer.Recently the Bank has pasted a notice on the wall of my flat u/s 13(4) and delivered notice to one of the resident of the society and made paper publication with the same amount.I again strongly objected in the same manner as earlier and as time for filing SA u/s 17 was nearing without any response from Bank, I had to file SA, had to pay Rs.1.00 as Filing Fees , on the same ground and submitted that the both the notice were bad as they have been issued to me asking the full outstanding instead of the property value as clearly mentioned in the sanction letter.Now the bank has issued one letter to me (after filing SA) that they agree that I am only liable for the value of my flat and hence I should pay Rs.1.20 crore(the Fair Market Value assessed by two valuers without my knowledge at all).I disagree with the valuation.It should be at least 30-40% less by going market rates in the area.
Kindly advise
(01) whether the Bank is right in doing so what it has done?
(02) what will be fate of my SA?
(03) what should I do under these circumstances?

I do have advocate who is looking after my case and I do respect him and his action who opines to wait for the disposal of SA.I approach this forum for opinions as this forum has seasned experts and their advice/opinion will reassure me and I shall have more mental peace and assurance.Please do help., Regards and thanks in advance.

dheeraj kumar   16 June 2015 at 22:07

Fir copy

Dear sir/Madam,

Could you please confirm the fees to get a FIR copy from Magistrate Court?

Waiting for your prompt response.

Regards
Dheeraj Kumar

priyanka   16 June 2015 at 21:05

Will oerder 7 rule 11 be applicable

x and y are brother and sisters respectively. 'A' father died intestate and daugther was nominee for all accounts one day x got called by bank and told that they are breaking open the locker as y want to open it the x said that she cant break open it as keys are with him and he is also liable for 1/2 share in locker so s=it could not b break open without his written consent on 1st jan he filed a plaint stating that he is apprehending that his sister that is defendant could open the locker the court didn't pass stay order and ask defendant to give reply meanwhile on 7th jan 'y' break open the locker so since now the cause of action is no more will order 7 rule 11 be applicable. At the time of filing of plaint it was there but before filing written statement defendant brk open it so will order 7 rule 11 that is no cause of action is discovered be envocked

Jyotiranjan   16 June 2015 at 19:40

When to file perjury in hma 24

Dear Experts
I wife had filed a interim maintenance case under HMA 24 in Bhubaneswar Family court.
She mentioned in her petition that she has no source of income.She also didn't produce any evidence in support of her other claims like articles given during marriage etc.
Now if I can get a proof of her income then can I file Perjury under section 340 against her.
My first date of hearing is on 25th June.
When I can file Perjury before hearing or after the final order passed ?