gurijalakoteswararao
15 June 2015 at 13:14
My father was govt employee and he 0 expired,he got job under ST category he is saying at that time kinda kummara belongs to ST, but now kummara considering as BC-b.me and my sister's having obc certificate as per constitution rules,now I would like claim job under compensation is there any problem like effecting to my mother pention please suggest what todo
sandeep rane
15 June 2015 at 12:47
Respected Membars,
Maharashtra- After section 9 insert the following section 9A.
“9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue:-
As per the above section, Can objection regarding limitation be treated as preliminary issue ?
Thank you.
OMPRAKASH.K.RAJBHAR
15 June 2015 at 11:21
Dear Sir
We had a flat under mahada in worli in the name of my grandfather who is expired,he had two son,we want know ownership of flat can be transfer jointly to both of his son
Please give the list of documents required
Waiting for your kind reply
Thanking You
Regards
Omprakash
Mohini
15 June 2015 at 11:20
Sir, i want to adopt my sister daughter ( aged 5 years ). She is divorecee.
Pls advise what are the legal system.
Thanks
viresh mishra
15 June 2015 at 10:19
Sir, After two month of marriage I got a letter in which about my wife some facts were disclosed, which were intentionally concealed by her and her parents. the facts were found correct after investigation. the facts are- She is an accused with a person in fraudulent withdrawal of money by stealing a customer ATM. The case has been filed against her and the other accused by the bank and on her there are charges a/c IPC 420, 467, 468, 471. She is now on anticipatory bail.The case is in the court and there are chances that she may get punishment. Her general behaviour is also not good. Can I file case for voidable marriage for being concealment of fact. or should I go for divorce.
rameshpatel
15 June 2015 at 10:18
My cousin received a summon which has petition filed in court so the property can not be sold or transferred.
Does that mean the stay order is passed or it is just a notice. Does the Judge has to review both side case before he issues stay order.
How is the stay order issued?
nandanm
15 June 2015 at 09:59
Hi Experts,
I am currently fighting a 498a levelled against me by my soon to be ex wife. The case is going on since last 3 years.
2 years back my wife put a 66A case on me.She wanted to pressurize me in to giving her some astronomical amount as alimony. However, I just got acquitted from 66A case, as it was the only charge in this case, and that 66A has been repealed. The case in itself was almost complete, with all trial and arguments. But since the Supreme Court order came right after that,I was acquitted on basis of repealed case rather than merit.
Our side has been incredibly strong, as the prosecution has totally messed up their part, primarily because they didnt have any evidence, their only witnesses were the police IO and DCP. Both the witnesses stated that they have not done the investigation and pointed at each other. Moreover, in the chargesheet they mentioned a hard drive , supposedly seiged from me, which is a complete lie, and they could neither reproduce the HD nor could tell when it was seiged , and by whom. Basically, the whole prosecution reeks of malice.
Its appaling how police sides with the women on frivolous and false claims and just puts cases without any investigation. I lost 2 of my precious years of productivity, got bad reputation in my company and my prospects of joining another company are almost nil, as which software company will hire a guy with a allegation of IT crime ?
My wife has effectively runied my career.
Can anyone tell me what steps can I take now ?
1. Approach Human Rights commission - to complain against the police for misuse of power, against my ex for submitting false allegations ?
2. Approach criminal court and file a case of perjury, defamation, malicious prosecution ?
3. Approach civil court and file for damages ?
Now coming to the question of if I can file for damages (3)?
Well, with my little knowledge in this regard, I know that a claim for malicious prosecution needs to have 4 elements :
(a) That Criminal proceedings were instituted and continued against him by the defendant;
(b) That there was no reasonable or probable cause for the defendant instituting those proceedings;
(c) That institution of such proceedings was malicious; and
(d) That those proceedings ended in his favour.
I am pretty sure of the first 3 points a,b,c can be substantiated in the court. However, since 66A was repealed , will point (d) hold true ?
Going purely by technical terms, the proceedings indeed ended in my favor. So by that logic I can argue that point (d) is also satisfied.
Sirs,I really need suggestion from you experts on this. If I can successfully file a damages case, she might consider withdrawing the 498a and also settle amicably for a mutual divorce. Unnecessarily my old parents are being dragged to the court, because my wife has made them accused too.
Kindly respond to this with your opinions and please help me out :(
thanks
Nandan
Divya
15 June 2015 at 08:42
Sir mene ba(honuors)Ki h sol se mjhe LLB krni h plz ap mjhe suggest kijiye londe college se krna best rhega or entrace Exm K liye knsi author Ki book achi rhegi ...
N P
15 June 2015 at 02:18
I want to change my name on sale deed from my Maiden name to after marriage name.
Is there any provision? Please suggest.
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Pre - suit statutory notice & inherent powers of court u/s 151 of cpc
Hi,
Respected Members,
Plaintiff is a financially weak person. He do not afford to pay to private lawyers & hence he asked for legal aid from state legal aid but they were taking time in providing legal aid & suit will have time barred & hence plaintiff filed suit in person.
Suit is against local authority. Authority has its own Act which states that before filling any suit against authority two months prior notice is required to give to the authority of intended suit.
Plaintiff was not aware of this provision of two months prior notice to the authority & hence plaintiff has not given two months statutory notice to authority under particular section of Authority Act.
But at the time of filling of suit plaintiff was under impression that authority is owned by State Government & all the officers of Authority are Government Servants & hence plaintiff has given two months prior notice to authority & its officers under section 80c of civil procedure code.
some officers of Authority has replied to the notice u/s 80c of cpc but did not told plaintiff that notice u/s 80c cpc is not applicable to them.
And after lapse of two months period plaintiff has filed suit in court & after issuing summons, Authority has filed Written Statement that plaintiff has not given two months pre - suit statutory notice to authority under particular section of Authority Act & hence suit be dismissed for non - compliance of mandatory provisions.
1. In this situation, Can court treat notice under 80c of cpc as notice under particular section of Authority by virtue of its powers u/s 151 of cpc ?
2. Whether Court will dismissed plaintiff suit on technical fault ?
Please Reply.
Thank you