Mobin John
13 November 2014 at 00:11
Being a novice to the world of law and court procedures, It will be good If I get support from this virtual platform where expert counsels meet. To make it brief, I lost my laptops two months back. After it went missing, I filed an F.I.R at the nearest police station. Couple of days back, the police arrested the one who stole my laptop. When inquired, the police told that since an F.I.R was filed, I should seek the aid of a lawyer and approach the court to get my laptop back. I feel this to be a second blow on my back. When I heard that the police recovered my laptop, I was happy and my joy was short lived as I need to go to court to get my good back. Well my questions are:
1. Is it necessary to have a lawyer to bring this matter before the court or can I being the complainant in this case, approach the court directly?
2. Since, the general public including me consider Indian courts (our courts) to be so slow in its proceedings; how much time will it take generally in cases like this for the owners to get their lost goods back after all these legal stuffs?
3. Can I by any chance have the right to request the court to consider my request quickly?
4. One of my friends told me 'out of court settlement' is a feasible option in this case as I may get my laptop quickly. Are there any legal basis for this?
Birdy Delhi
12 November 2014 at 22:50
“A” owned a piece of land which got acquired by Govt. He was offered a compensation and alternative plot. ‘A’ had 5 children. Once ‘A’ got the allotment he requested the authorities to transfer the allotted plot to his elder son ‘B’. And it was accepted by the authorities and the lease dead was made in the name of ‘B’ in the lifetime of ‘A’. Later ‘B’ got the conveyance deed executed and registered by authorities. Now ‘B’ died
Q1. Is the alternative property ancestral/ coparcenary property?
Q2. Is will made by ‘B’ for the said property valid?
Q3. Will this property be ancestral in hands of grand children of ‘A’?
Abhimanyu
12 November 2014 at 22:37
I put the RTI for my Wife's EPF Statement & EPF Account Number, as she has filed multiple maintenance cases against me and mentioned that she is unemployed and have no independent income for her survival. I am paying her maintenance every month.
But she is gainfully employed in Pvt Ltd. Company & earning very good salary, for which EPF has been deposited in EPFO.
After my RTI EPF authorities followed the third party procedures and she filed her strong objection for disclosure of her EPF Statement.
So PF authorities denied the disclosure of information of her EPF A/C Number and EPF statement under Section 8 (1)(e) with the citation copy of R.K. Behara Vs EPFO.
CIC/BS/A/2012/000837/2582. CPIO mentioned that the Accounts maintained at POST Office/ Banks/ EPFO are held under Fiduciary relationship.
Hence information relating to such accounts are exempted from disclosure to third party under section 8(1)(e) of RTI Act unless seeker shows larger public interest to justify the disclosure.
FAA also rejected the first appeal mentioning no larger public interest, so no reason to intervene in CPIO's decision. Second Appeal is still pending but I am not sure about the result. Please reply & let me know how can I overrule the Account maintained in fiduciary relationship clause.
Ajay Kumar
12 November 2014 at 22:31
A religious trust was made in 28 march 1888, and all the movable and immovable properties were attached and four different people were made sevayats.
Now the descendants of these sevayats are not managing properties properly. They had sold almost all extra to land,, now they are planning to sell the lands attached with trust, claiming their inheritance on the properties. Kind guide to stop this wrong doings by a person as third party.
pravin
12 November 2014 at 22:31
In fir she doesn't mentioned about the witness neither before judge nor her family members said anything about the witness. How much important are the witness 2 auto rickshaw fake witness. Is their any law that who can be witness.
Vikram Patil
12 November 2014 at 22:23
Dear all, Please help me in solving following problems-
1)Can a registered relinquishment deed (hakka sod patra) be revoked by maker of it?
2) if yes, then on what grounds?
3) what is the remedy available to the maker of relinquishment deed against such deed after its registration?
- Vikram
Prashant K Gupta
12 November 2014 at 21:57
मेरी शादी 07 मार्च -14 को हुई थी | लेकिन मेरी पत्नी ने मुझसे सम्बन्ध बनाने से इंकार कर दिया और कहा कि अगर मैंने उसके पास आने की कोशिस की तो वो मर जायेगी और मुझसे बहस करने लगी मेरे मुह पे पैसा फेक दिया | अगले दिन मेरे ससुर जी बिना विदाई के मेरी पत्नी को ले के चले गए और कहा की वो मेरी पत्नी को समझा के वापस भेज देंगे | लेकिन कुछ दिन के बाद वो आ के धमकी दे के चले गए की अगर पति और पत्नी अकेले रहना चाहते है अगर एसा नहीं हुआ तो सारे घर वालो को अन्दर करवा देंगे | अब उन्होंने 15,000/- मासिक गुजरा भत्ता माँगा है और ये भी कहा है की हम लोगो ने मेरी पत्नी को मारा पिटा है जबकि वो मेरे घर में रही ही नहीं |
हमने फैमली कोर्ट में एप्लीकेशन दे रखा है लेकिन 9 माह हो गए न तो मेरे ससुराल वालो ने जवाब दिया और न ही कोर्ट में हाज़िर हुए |
अब मेरे लिए क्या उचित है |
मैंने केस अपने जिले में दाखिल कर रखा है और मेरे ससुर ने अपने जिले में |
मेरे पास फ़ोन की रिकॉर्डिंग है जिससे ये साबित होता है की घरेलू हिंसा नहीं हुई है और मासिक गुजरा भत्ता के केस में दिए गए पॉइंट सरासर गलत है | क्या मै मानहानि का केस कर सकता हू यदि हां तो कितना |
Ravi Shankar
12 November 2014 at 21:42
What are the documents which are required to show that certain property belongs to Hindu Undivided Family?
kavkaz
12 November 2014 at 21:11
In the Mumbai co-operative court, i have filed a petition to reimburse the terrace leakage repair expense from the CHS (where I live). There is quite a lot of delay in proceedings and i am tired of it.
Query: Can I withdraw my petition from Co-operative court and file the same at Consumer Court (as I live in a Co-operative housing society).
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exparte by court + interim maintenance order against husband
In our case, Principal Judge Family Court, Delhi passed interim maintenance in favour of wife in 125 case. Thereafter in another DV court denied interim maintenance to wife on the ground of parity, being equally qualified and both being unemployed. In connivance with court reader of PJ, family court (125 case) by counsel of wife, husband was misguided about passing of order and next of hearing fixed for payment of money. period to appeal against interim maintenance order expiredl husband is exparte by PJ, family court for non appearance and non payment of interim maintenance on next of passing of order. Wife filed execution petition, husband appeared and paid some money. Now wife has also file criminal appeal against the DV order where maintenence is denied. my query is as under:
1. Remedy for husband in 125 cpc. case after exparte order passed against hi. Can file setting side appl. before same court or before HC.
2. Can wife file criminal appeal against DV Court order even after passing of interim maintenance order in her favour in 125 case.
3. wife case is based on false ground and sufficient proved that she is palying fraud upon court. wife has also filed affidavit by way of evidence in 125 matter and stated lie. what remedy for husband under the circumstance when court made him exparte.
4. mental state of husband is not good. undergoing treatment from govt. hospital for last 1 1/2 year.This fact not disclosed to wife and court. Can this be used in court as defence.
5. husband was unemployed for last 2 years due to his mental state and some other reasons and recently take up job of 7000 salary due to passing of intrrim maintenance order by court oherwise will go jail. husband was earning 18000 salary in previous job 2 years back.accepted job of 7000 because of above reason. what remedy available yo husband.
pl, help.