Anita Singh
20 March 2015 at 12:28
Dear
expert,
there is a girl whos bank informed her on 15th april 2010 that 45000 rs transaction has been done by your credit card on 7th april in up immediately she blocked the card when the transaction had been done that time she was out of india.
now is her liability for the payment of unauthorized transaction as bank recovery department asking her money of the transaction with interest
can such cases be referred to arbitration
can arbitration be able to stayed pending investigation as FIR is also lodged by that girl for the fraudulent transaction
can consumer forum invoke jurisdiction of arbitration agreement in this
sunit kumar
20 March 2015 at 12:19
dear sir,
i wanted to conform ,
is there will be any problem need to face if i will lodge FIR against my case ?
bcoz i am little worry if POLICE will ask to me why i given money for government jobs to my friend? bcoz this is also against law to give money to any one for this kind of activity ???
that time what should we need to do.??
Note - i did all payment through Deposit in Bank and Cheque
sunit
sunitrock@yahoo.com
Hemant khandelwal
20 March 2015 at 11:15
Please read and answer.need help badly. Explanation 1 to section 9 of cpc defines the suit of civil nature as a suit in which the right to property or to an office is contested.it means that a suit can be a civil suit only if either right to property or right to office is involved in it.suit must fit in these two criterias to be called a civil suit.all others are excluded from it.
I am writing some illustration which are called suits of civil nature-
1>suits relating to right of worship.
2>suits for damages for civil wrong.
3>suits for specific performance of contracts and for damages for breach of contract.
4>suits for specific reliefs.
5>suits for restitution of conjugal rights.
6>suits for dissolution of marriage.
7>suits for rents.
Above mentioned suits neither fit in criteria of property suits or office suits then why and how there are suits of civil nature?how these suits fit in those criterias? Explain in detail.
pravin
20 March 2015 at 11:12
my wife has filed dv against me and court has also ordered interim maintenance to her but she is working in a college and she is lying before court so can i file case of perjury against here. here job is not permenant neither mine. will it be helpfull in divorce case if i file it.
thank you
Satyamev
20 March 2015 at 10:19
Respected Experts,
I have other threads too,giving only a little brief out of them.
Please give your valuable advice on my query :
Wife from Uttrakhand
Husband from Uttarpradesh
Wife lived with Husband for 15 days after marriage in Uttar Pradesh and fled to her matrimonial home taking all the Jewellery and filed a Police Complaint U/s 498A,3/4 DP, 323,504,506 in which the impugned chargesheet was filed on which the Husband's family took Stay on proceedings from Uttrakhand high Court , Stay pending for husband anyhow quashing looks difficult as the Uk-HC is Pro-Woman.
Wife has used fake bills and fake medical documents in her Dowry FIR that is attached with the case diary.
The respective Chief medical officer of the Hospital in Uttar Pradesh confirmed in writing through in return of a legal notice sent to him through registered a.d to verify the genuineness of the medical documents. In return the CMO replied that the documents are forged and fabricated and they have no entry in their records for the patient, no doctor has such signatures in there hospital. That means the entire theory my wife made on that medical documents goes exceptionally null and void as all the incidents are linked with the medical document and this itself is fake as per the ingredients of her FIR.
As Uttrakhand Police was not ready to take any action against the lady for filing a false complaint using fake documents , I somehow managed to get a Zero FIR Lodged in Uttarpradesh Under the Jurisdiction of that Hospital U/s 420,467,468,471,120B,406,500 and that FIR was then transferred to the same Police Station in Uttrakhand that filed Charge-sheet over me with fake medical documents , who never did any investigation.
Now how can the same police investigate my FIR against my wife which itself implicated me in a false dowry case using the same very evidence that were fake and they already knew it was fake.
Police of Uttrakhand is under the control of my wife as her uncle is an MLA of the ruling party.
I want to get my FIR Transferred for Investigation outside Uttrakhand , in Delhi or anywhere else so that the fair investigation can happen and she can be exposed. I drafted the FIR in such a way that the ingredients are multi jurisdictional and I can prove everything in the FIR.
What do I do for this...is it a next to impossible thing to happen for getting the Investigation transferred?
anjum
20 March 2015 at 08:50
My wife filed CrpC 125 on with false substantial fact that she hasn't been earning. She was able to get interim maintenance in her favour as I didn't have the evidence to prove her wrong at that time.
Later on, I got her employment evidence and filed Crpc 127 along with Perjury CrpC 340 against her.
CrpC 127 is being considered but Hon'ble Judge is saying that its premature for Perjury as there hasn't been evidence/cross examination stage as yet. He gave reference of some Marwah case.
My lawyer also seems to be agree with him but I feel it's being MATERIAL FACT and Interim award has been won by award so Perjury should be maintainable.
Please suggest. Thanks
Hari
20 March 2015 at 06:27
Our Housing society at Navi Mumbai Use to send AGM minutes,Structural Audit & Inspection Report, and many thing on email to all the members but now they held the EGM ON 15/3/15 FOR MAJOR REPAIR in society which cost approx Rs. 60 Lacs.
quotation collected by different contractor's shown in the meeting. as i am working in Gulf due that i am unable to attended the meeting and now when i am asking them the EGM Minutes and Quotation on mail so they reply to me that come and check from the society Office.
Pl. Advice
Savio DCunha
20 March 2015 at 02:35
The police are happily giving adverse report for current address. This is despite the fact that I am resident at current address since 1985. Please suggest lawyer who can help in this situation. I live in navi Mumbai.
Mohit Singh
20 March 2015 at 02:30
Greetings,
I am sure you all may have heard each time its a differnt case .But the case I am going to refer here is sensitive and different.
My father is a 62 old person who Lives in Rajasthan.I am working in a Law Firm in Gurgaon.I stay with my Mother and Wife in Gurgaon.My father is a private person and likes to interact very less socially and stays in the house in Rajasthan.
he is a patient of Depression form last 17 Years and has been on Medication on and off.He is most of the times in his aura and does not remember things.
He at times is found to be talking to himself and abusing the neighbour with whom he had also had a court case which was settled with mutual agreement.
He was reported by the neighbours's wife for using abusive language,not specifically to her but whenver my father raises his voice in house neighbour feels they are being screemed and abused at .Neighbours do not have a boundary wall at our side of the house.Meaning they have wall 3 side of their hous and at our side its a gallery and hence both the houses and see and hear the things of each ones.neighbour claims to have a good relation with a Cabinet minister and on and off sends police in the house to threaten and give warning to my father.In last 6 months ,it has happened twice .
My father is under Medical treatment and old.I have not spoken to the local Police Authority Yet as I got to know about the case itself this week.
My Questions are :
1)In case of no one around how can I provide legal protection to my father.
2)Can police come and threaten my father?
3) As this incident had bene old for 2 weeks now can we file for a case against the other party?As of now my father is staying with me .
4)can a Lawyer on my father's behalf file a complaint in the local police station?
5)My father tried to file complaint twice and was turned down saying he is not in his senses .
I am very concerned about his security as the neighbour couple are lecturer and have threaten on several occassion to use the political and student power to set the score right.
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Investments deal between x and y
Dear Respected Sirs,
Would like to know your expert legal opinion on the below matter of finances/investments between 2 parties viz. X and Y as outlined below :
X has been running a small-scale shop dealing in boutique & tailoring niche since the past few years. Y invests in X's business a certain amount for monthly returns. During the period when Y invested with X, the business was booming. Getting carried-away by this, X inadvertently & under ignorance committed to pay Y, an exorbitantly high, very unrealistic monthly returns to Y without enlightening Y (unintentionally) about the inherent underlying risks of the business (downfall). This deal was based on 100% verbal communications only & no writing work/legal agreement of any sort was executed between X & Y.
The exorbitantly high payments by X to Y over the months hardened the perception & mindset of Y that regardless of the recession in X's business, Y should always continue to receive the so-called "Profits" from X regularly every month. Y was always under the false impression that she would endlessly continue & entitled to receive the so-called "Profits" from X.
So far, the total installments of money returned by X to Y over the months, far exceeds the capital invested by more than 200%.
X was so over-optimistic & blind with her booming business that she could not realise that she would most certainly face an inevitable downfall period in her business at some stage which would play havoc with her finances. She failed to anticipate that how she would pay Y under these circumstances. And the inevitable happened; the business went into recession. X started defaulting on payments to Y & no longer in a position to further pay Y any more money.
Just to reiterate, X has already returned to Y more than 200% of money invested by Y (which X has regularly maintained a record of; no such record maintained by Y)
X is taking the stand & stressing on the fact that since she has already paid Y more than 200%, X is no longer obliged to pay any more. Also since the X's business has crashed & near shut-down, she (X) is not in any position whatsoever to pay Y any further. Despite recovering 200% more than her actual capital, Y still continues to pressurise X to keep on paying her (Y) knowing well that X has incurred big losses in the business.
Now relations has gone sour between the two & Y threatens to file a civil suit against X for recovery of Y's capital.
Kindly advise how much weightage is there in this threat by Y & how would the law view this deal ? Is this case admissible in the court-of-law as there are no written / legal agreements of this deal between the two ?
Between X & Y, who has the right stand ?