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SANDEEP KUMAR   20 June 2014 at 23:17

Contravrntion

A company accepted fixed deposits in contravention of provisions and rules of Companies Act. In fact it was contravention with ill motive means contravention was done in a planned way. Can an FIR against the Company and its Directors be filed for fraud misrepresentation, 420 etc. for ill motive IN ADDITION TO TAKING action for contravention of provision/rules of/under Companies Act?

Bab   20 June 2014 at 22:46

Information about retired leftenan colonel.

Dear sir,
I am going to marry.Bride's father himself saying that he was leftenan army colonel and worked in delhi,kolkata,ambala and hyderabad.
But his behaviour,family status doesn't at all complies.
Can i get officially his information about his post in army under RTI for confirmation?
pl suggest.

anrban   20 June 2014 at 22:29

Pay fixation on deputation

Sir,
I am from State Excise Service ( Through State Civil Service,Group A, Gazetted) of band pay 15600- 42000/- + Grade Pay 5400/-.

I joined Central Government on Deputation on Jan,2014 at the Pay Band 15600-39100/- + GP 6600/-

At the time of joining I was a confirmed employee in my service (w.e.f 2010). After serving my parent cadre 6 years at the stage pay 19680 + GP 5400/-.

initially my pay was fixed at the ex-cadre post after allowing a notional increment with me existing last pay at my parent cadre ( as in deputation).

Astonishingly without any notice of mine my ex-cadre office authority re fixed my basic pay on 15600 ( the initial stage)+6600/-. treating me as Deputation in Foreign service terms citing 6/8/2009-Estt( Pay-II), dt.17/06/2010.

I am at a fix.

Kindly tell me Sir, what should be my right fixation. How can my( A confirmed govt Officer) basic pay be lessen in other govt?

Mustafa Bhat   20 June 2014 at 22:24

498a & 406 & rcr

Sir,
I have a 498A & 406 Case going from last 4 years.The lady has three day before FIR for 498A & 406 instituted a case of RCR against me.which was after two years dismissed by court.
In RCR the lady has said "The Plaintiff had been living in peaceful & cordial relation with the defendant at their residences & had in temporary phasely period shifted to the place were my parents are putting & both have been enjoying the Marital bliss.”
And in FIR she changes her statement completely were she says alot of Grab
Can I get any Judgement were in " RCR/ other suit, filed by the complaint but in that suit, no allegation of cruelty or maltreatment was alleged by the complainant."
which will work in favour of accused
Please advise & share such judgments /citations

tusheer chauhan   20 June 2014 at 21:37

Public obscenity

i was sitting in car with my female friend(not girl friend) in parking lot near my home. i live in dda flats in dilshad garden,Delhi. the RWA president came knocking on the window 2 minutes after we sat in the car and started asking our address. is it illegal to sit in our own parking lot with female friend or even girl friend. does RWA members have the right to ask questions like this or only a cop can do so.please help me in this regard.

Sukhjinder Singh Saini   20 June 2014 at 20:03

False dv case filed by wife

Hi
I belong to Mohali and got married in Feb 2009 to a girl from Delhi (arranged marriage). We were both working and living in Delhi after marriage. My parents were living in Mohali. The girls side lied about her qualification and social status of their family which we could not verify before the marriage (we have the newspaper advertisement). There were problems in our marriage from the very beginning because of her quarrelsome & irritable nature and her constant demands for buying property in her name. Since we lived in Delhi, her family (father, mother, sister, brother) used to come to my house and fight with me. In Jun’10 there was a big fight between me & her and she called her father to my house. Both of them started beating me (I have the photographs of the injuries I suffered). After that she left with her father to her parent’s home. 2 days later her father got a paralysis attack and he was bed-ridden for life after the surgery

Between Aug’10 till Oct’10 there were constant attempts from our side to bring her back but she did not come. In Nov’11 she filed a dowry complaint in the police station and named me, my family and some of my relatives. The police did the mediation and I made an attempt to pacify her and make a fresh start. She asked me to write a compromise (on Rs. 100 stamp paper) in Jun’12 which included many terms like I was responsible for his father’s condition, I will return all her jewelry, I will never ask her about her salary & spends (which I never did before the fight as well), she will not be asked to visit my parental home and I should buy a property of at least 40Lacs in her name within 2 months. I had to give everything in writing and I did everything that was written except for buying the property as it would take time

After the compromise, I moved to Bangalore in Jun’12 as I got a new job there and she took a job transfer to B’lore in Sep’12. She got pregnant in Oct’12 and threatened me to abort the child if I did not buy the property in her name. Investing in the property at that time was impossible for me as I was supporting my parents also and with the baby coming, the expenses were bound to increase. On top of it, my wife would also quit job and I have to bear her expenses as well. I somehow convinced her not to abort the child but got suspicious of her wicked intentions for property. She quit her job in Feb’13 and asked me to take her to her parents in Delhi in Mar’13 and I did so. Every month I used to transfer Rs 15K in her bank account. The baby was born in Jun’13 and I paid for all the expenses. She stayed in Delhi till Nov’13 while I was in B’lore and in this span she fought with me regularly on phone on the property matter. Whenever I went to their home in Delhi to meet her, she, her brother and her mother used to fight with me and insult me. I somehow convinced her to come to B’lore and brought her and the baby to Bangalore in Nov’13. I did whatever I could to support her and make the relationship work including taking care of the baby, bathing him, making him sleep, appointed a cook so that my wife does not have to cook, started doing office work from home so I am available if there is an emergency etc. But she picked up a fight with me again in Jan’14 over the property matter and left for Delhi with the baby. There was no communication between me and her after that. Now she has filed a Domestic Violence complaint against me and my family. I wanted to know:

a) How can I defend myself from this false complaint?
b) How crucial is the fact that I had promised to buy a property in her name but could not do it (because of genuine reasons) and how gravely can it be used against me?
c) Can any heated arguments between me and my wife (while she lived with me) be considered as DV?
d) I have been called to the police station by the Women Cell officer – what should be my stand in front of them
e) Can the proofs like her side lying about her qualification and family status and the photographs of the injuries I received back in 2010 be used against her?

Sukhjinder Singh Saini   20 June 2014 at 20:00

False dv case filed by wife

Hi
I belong to Mohali and got married in Feb 2009 to a girl from Delhi (arranged marriage). We were both working and living in Delhi after marriage. My parents were living in Mohali. The girls side lied about her qualification and social status of their family which we could not verify before the marriage (we have the newspaper advertisement). There were problems in our marriage from the very beginning because of her quarrelsome & irritable nature and her constant demands for buying property in her name. Since we lived in Delhi, her family (father, mother, sister, brother) used to come to my house and fight with me. In Jun’10 there was a big fight between me & her and she called her father to my house. Both of them started beating me (I have the photographs of the injuries I suffered). After that she left with her father to her parent’s home. 2 days later her father got a paralysis attack and he was bed-ridden for life after the surgery

Between Aug’10 till Oct’10 there were constant attempts from our side to bring her back but she did not come. In Nov’11 she filed a dowry complaint in the police station and named me, my family and some of my relatives. The police did the mediation and I made an attempt to pacify her and make a fresh start. She asked me to write a compromise (on Rs. 100 stamp paper) in Jun’12 which included many terms like I was responsible for his father’s condition, I will return all her jewelry, I will never ask her about her salary & spends (which I never did before the fight as well), she will not be asked to visit my parental home and I should buy a property of at least 40Lacs in her name within 2 months. I had to give everything in writing and I did everything that was written except for buying the property as it would take time

After the compromise, I moved to Bangalore in Jun’12 as I got a new job there and she took a job transfer to B’lore in Sep’12. She got pregnant in Oct’12 and threatened me to abort the child if I did not buy the property in her name. Investing in the property at that time was impossible for me as I was supporting my parents also and with the baby coming, the expenses were bound to increase. On top of it, my wife would also quit job and I have to bear her expenses as well. I somehow convinced her not to abort the child but got suspicious of her wicked intentions for property. She quit her job in Feb’13 and asked me to take her to her parents in Delhi in Mar’13 and I did so. Every month I used to transfer Rs 15K in her bank account. The baby was born in Jun’13 and I paid for all the expenses. She stayed in Delhi till Nov’13 while I was in B’lore and in this span she fought with me regularly on phone on the property matter. Whenever I went to their home in Delhi to meet her, she, her brother and her mother used to fight with me and insult me. I somehow convinced her to come to B’lore and brought her and the baby to Bangalore in Nov’13. I did whatever I could to support her and make the relationship work including taking care of the baby, bathing him, making him sleep, appointed a cook so that my wife does not have to cook, started doing office work from home so I am available if there is an emergency etc. But she picked up a fight with me again in Jan’14 over the property matter and left for Delhi with the baby. There was no communication between me and her after that. Now she has filed a Domestic Violence complaint against me and my family. I wanted to know:

a) How can I defend myself from this false complaint?
b) How crucial is the fact that I had promised to buy a property in her name but could not do it (because of genuine reasons) and how gravely can it be used against me?
c) Can any heated arguments between me and my wife (while she lived with me) be considered as DV?
d) I have been called to the police station by the Women Cell officer – what should be my stand in front of them
e) Can the proofs like her side lying about her qualification and family status and the photographs of the injuries I received back in 2010 be used against her?

Want a Life   20 June 2014 at 18:35

Looking for divorce

Hi am married and 45 years old. This is my second marriage and so of my wife. We have been married for 5 years, no issues as of date. Currently we are three in my family, me my wife and my mother. My wife is a house wife and has recently started working from home for some assignments.

My wife is quiet dominating and can not stay with any one in my family. She has stressed relations within her family also. She has made my life miserable and keeps fighting with everyone.

She had forced me to stay separate from my my parents and my father passed away in that shock. However, under those conditions we two stayed separate in a rented premises. However, we moved back to my original house (Building which was in repairs got over) in April 2014. Since that time she has problems with my mother and curses her day in and day out. She fights with me for everything I want to do, can not get alongwith my friends or relatives and sends abusive messages on different modes, such as yahoo/whatsapp.

She is looking to move my mother in a separate house, but its a huge financial burden which I do not wish to take now. Also I do not see any point in that, since during the time we stayed separate, there was hardly much change and only reasons changed to fight.

i am looking to get separated from her, however am worried she will not give divorce easily. Till date I have been taking care of entire finances and recently she has got all her legal documents at my current residence. She has been threatening of police complaints throughout my marriage of 5 years. and it was due to this threat i did not take any action, since I was not clear about the legal position.

I have already made up my mind to get divorce.

What precautions should I take and how do I deal with this situation.

Also, am also in process of making my will, since in case if I pass away by a heart attack due to so much of stress, she will ruin my entire family. Can I exclude her in my will?

c. shah...   20 June 2014 at 18:21

Mediation/conciliatin procedure in contested divorce

Husband and wife both is Hindu. Wife filed divorce petition u/s. 13(1) (ia) in family court through power of attorney holder. Wife is in foreign country. Husband has to file reply statement in family court on next date. Husband wants to sustain marriage life. He wants to go for mediation/conciliation procedure.
1. Does family court itself order for mediation/conciliation between parties in next hearing? OR Husband has to grant permit from court to order for mediation/conciliation?
2. Can husband request to court to order for mediation/conciliation procedure before filing reply statement OR husband has to file reply statement first and then after request to court to order for mediation procedure?
3. If petitioner wife not present in mediation procedure what action can court take in this case?
4. Does the mediation procedure in divorce case is mandatory? Can court avoid the mediation procedure in contested divorce case? If ‘yes’ then in which condition court avoid the procedure of mediation between parties in contested divorce case?

aditya vadali   20 June 2014 at 18:14

Unnecessary adjournments

Respected Seniors!

An appeal was preferred by the Accused on Conviction before Sessions Judge and on service of notice to respondent, respondent appeared and filed his written arguments and is now for about 10 months, whereas the Advocate for Appellant never turning up and seeking unnecessary adjournments and as well as the Hon'ble judge is pleased to grant the same since past 10 months.
now what is the way to avoid this delay in proceedings, shall i approach High Court or a letter to Registrar judicial will do. please advice.
waiting for your response,

thanking you all,

Aditya.