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Vivek   25 May 2014 at 11:51

125 crpc

Hi All,
My wife ran away to her parental home without any reason. After one month she file papers for 125 by making false allegations of dowry in AFC for counsellors.
I want to fight the case for my innocence and till then I dont want to pay any money. Is there any law which says that the money for court proceedings and maintenance can be paid after the final verdict if found guilty.
She went away herself.
She only raise the papers.
Please reply, thank you.

Narender Bhardwaj   25 May 2014 at 10:00

Rights of a convicted person to contest election of sarpanch in haryana

Respected Experts, I want to know that 1. A person is guilty held in a criminal case u/s 325 IPC. On hearing of quantum of sentence ,He is released on Probation for one year on 14-05-2014. Can he contest election of Sarpanch in Haryana. Please also Give the qualifictions and disqualifictions of the candidature for post of sarpanch in Haryana.

Siddhi Agarwal   25 May 2014 at 09:44

Can a senior citizen keep pg in tenancy flat in mumbai ?

Can a senior citizen keep paying guest/s in the self occupied tenancy flat in Mumbai to supplement his / her income ?

Siddhi Agarwal   25 May 2014 at 09:41

Fixing of standard rent in a redeveloped building in k e ward, mumbai

What will be new standard rent for 330 sq. ft. carpet premises in the redeveloped tenancy building in K East Ward against old rent of Rs. 250/- pm ?

Whom to approach in case experts don't have any say on this matter?

john k   25 May 2014 at 05:40

transfer of title

Sir ! I hv finised obtaining legal heir certificate, now since my family members are not able to come to me now, is there anyway we make a settlement deed without their presence or they instead send a declaration without having to come or is there any other option, since my father died intestate i was advised to make a family settlement deed, now can i change the title of ownership without the said doc or obtain the said doc first n then change title or vice versa, and can i register it in my name without the settlement deed as on mutual understanding we hv divided our shares. please suggest. Would be grateful...!

Murshid Alam   25 May 2014 at 02:46

What if i sign on a blank vakalatnama?


I am one of the co-owners’ of a property( 3 –storied building ) under Kolkata Municipal Corporation. The other co-owners are my elder brother, who is staying in the same premises with his family and my elder sister staying at New Delhi with her family. There are 9 self-contained flats in the building, 3 flats in each storey. On the 1st floor, I am in staying with my family in a flat and above me my elder brother is in possession of a flat. On the terrace, there is a room with attached bath with kitchen( my sister used to stay before she settled at New Delhi with her family, 17 years before) which is now being used by my brother for his business purpose. Other 7 flats are occupied by tenants. My father died intestate on 11.9.1993 and my mother passed away on 10.3.1996. Since my mother’s demise , my elder brother is collecting rents from the tenants, being the the elder son. He sends me the statement of receipts & payments a/c. of the rents collected debiting the expenses incurred for maintenance of the building every 3 months. One of the tenants is not paying rent since more than a year, after my elder brother sent him a legal notice asking for enhancement of rent as per West bengal premises tenancy act ( amended), 1997. Since then according to my brother ( as he is managing the estate ), the tenant is tendering the rent before the Rent controller. Now my brother is preparing to file an application u/s 17(6) of the west Bengal premises tenancy act,1997 before the Ld. Addl. Rent Controller at Alipore, kolkata. My elder brother would sign the application as the deponent identified by our Advocate, ( appointed by my brother). Myself and the other co-owner( my elder sister) would sign in the vakalatnama. My sister has already signed on the same and it has been handed over to me due for my signature. In the past, due to certain reasons, whatever it had had happened; frankly speaking I lack complete trust in my brother. My brother wants to file the same coming week and from Tuesday onwards, I shall be out of station for a period of about 7 to 10 days for work. As I am being skeptic, my question is - can my brother use the blank vakalatnama signed by me against me for some malafide intention ( other than attaching the same with the application U/S. 17(6) of W.B.P.T.A.,1997 and filing before the Ld. Addl. Rent Controller) later and take material advantage on me? Further, please substantiate the significance of Vakalatnama in particular and implication of signing on a blank Vakalatnama.
your prompt advice in this regard is anticipated.



------ M. Alam, Kolkata

Could my elder brother instead of attaching the blank vakalatnama signed by me meant for depositing the same before the Ld. addl. Rent Controller, later may use the same to transfer the entire undivided inherited property in his name in the near future. The other co-owner ( my elder sister, who is staying at New Delhi) had already hinted some months back that she wants to sell off her share and wants cash. I objected to the same, as because, the property was painstakingly made by our father and I do not favour sell off of any portion of the property.
My second question is - in an undivided inherited property, partly tenanted, where there is more than 1 Landlord, can any of the Landlords of the property, can a civil suit on any of the tenants without the signatures of other co-owners in legal documents at the time of filing the application.

Yogesh   24 May 2014 at 22:44

Issue of roof rights

Please suggest me the law
In a buider constructed 3 floor building all water tanks are placed on roof.There is no question of privacy leakge of 3rd floor owners sincr Roof has seperate way in a building. Now, 3rd floor owners want to lock the roof gates. They are saying that they have roof rights and other building people can not retain a copy of key with themself and they have to ask for a key from 3rd floor owner each time for visiting water tank.
Whether the 3rd floor owner can legally put this condition on others ?

498A-filed   24 May 2014 at 22:10

Counter case after 498a

Hi,
I and my relative have filed two 138 NI case read with sec 420 recently against my wife and her relatives. I want advice whether I can file a case under sec 377 IPC against my wife? She insisted me to have unnatural sex and also did this crime against my will. I did not want to come in open earlier due to fear of society and shame but now I have decided to come out in open and file a case against her. I want to know from the experts whether the court will take cognizance under this section or not if I file my complaint under this section against my wife.

Chammi   24 May 2014 at 20:16

Resignation and payment

In my appointment letter the notice period is mentioned as 45 days during probation and 75 days after probation , Probation period is for 6 months . I have completed 9 months in the company and no communication on extension of probation or confirmation has been received by me. In absence of such communication is it deemed understood that employer has confirmed the employee . In case of resignation is the employer bounded to pay 75 days of salary for serving notice period or the employer will be bound to pay 45 days . Also what options are available if employer does not wants to pay ?

Manish Raj Verma   24 May 2014 at 19:32

Stay against recovery

My brother is the owner of a company at haridwar, who purchased a property from SIDCUL (State Infrastructure and Industrial Development Corporation of Uttaranchal) on dated 27 Nov. 2009 via lease deed for 90 years.

Now an Amin from Tehsil comes at the site / factory of my brother and shows a Recovery Certificate issued by Tehsildar Office for recovering an amount of about 3 lac + others + interest which is in the name of some other company for the AY 2008-2009 of Sales Tax Department. On investigation from sales tax department it was found that the previous company existed there, this was the recovery of that company not of my brothers company. But the amin is harassing us to recover the dues. He has already taken some amount against said RC against receipt.

What should I do.

Can we go for Stay suit against the said Recovery in the civil court and what about the notice of Sec. 80 CPC and whether the court will award the stay in our favour. please help.