LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Venkat Ramanan C   29 July 2024 at 10:56

Change prayer in petition under the same section

Hello sir/madam,

I have filed a petition in sub-court under section 12 and 13(1) of Hindu Marriage Act because of the non-consummation and cruelty caused by my wife. But in prayer, it is mentioned as "decree of divorce due to non-consummation and cruelty". I wasn't aware that it should be "decree of nullity" u/s 12 of HMA. Right now, they set exparte.

Now my question is,
- Will they give judgment for nullity of marriage as the section mentioned in the petition covers both nullity and divorce? If the marriage is nullified there is no concept of divorce because marriage itself doesn't exist in the first place.
- It is right now in the Exparte Evidence stage, if we submit amendment petition to change the prayer, Will they again send notice to my wife? Or as the main case is set exparte, they will just allow it?


Anonymous   28 July 2024 at 21:57

Ready to serve notice 90dys, co. releasing early without pay

"Hi, I have resigned and my notice period is 90 days, earlier I asked to relieve me early by 17 days, to which they did not confirmed any date and instead just email back and forth saying we will try to release you early.
Meanwhile they are trying to take handover as soon as possible, It took about a month from my resignation date. So I had enough and emailed that I am ready to serve entire notice period and get my resignation approve from my Department head and I have received email trigger from portal that the last working date is as per complete notie period, I do have copy of email on official email ID, which I have forwarded to my personal email Id and all other important emails of resignation to my personal email ID as a proof.

I still have 1 & half month of notice period to serve and now they are asking me to given complete handover within 3 days, planning to release me early without pay.

So far as I know that as per law if employer is asking me to leave early they should pay me my salary. And as per resignation policy also , it has been mentioned like wise, I have took screenshot of policy as well for proof.

Do I need to worry.
If I give handover early, can company ask me to leave early without pay. What other steps I should take.

I have all the email communication on official email id and later I have forwarded it to my personal email ID.

Please help me out of this harassment."

Anonymous   28 July 2024 at 21:37

Ready to serve notice 90dys, co. releasing early without pay

Hi,

I have resigned and my notice period is 90 days, earlier I asked to relieve me early by 17 days, to which they did not confirmed any date and instead just email back and forth saying we will try to release you early.
Meanwhile they are trying to take handover as soon as possible, It took about a month from my resignation date.
So I had enough and emailed that I am ready to serve entire notice period and get my resignation approve from my Department head, I do have copy of email on official email ID, which I have forwarded to my personal email Id and all other important emails of resignation to my personal email ID as a proof.

I still have 1 & half month of notice period to serve and now they are asking me to given complete handover within 3 days, planning to release me early without pay.

So far as I know that as per law if employer is asking me to leave early they should pay me my salary.
And as per resignation policy also , it has been mentioned like wise, I have took screenshot of policy as well for proof.

Do I need to worry.
If I give handover early, can company ask me to leave early without pay.

What other steps I should take.
I have all the email communication on official email id and later I have forwarded it to my personal email ID.

Please help me out of this harassment.

Prya Sotode   28 July 2024 at 17:56

ابزار پوریا

رای خرید انواع مختلفی از باسکول های دیجیتالی میتوانید به سایت ابزار پوریا مراجعه کنید . در حال حاضر، خرید باسکول دیجیتال به یکی از نیازهای روزمره بسیاری از کسب و کارها و مراکز تجاری تبدیل شده است. باسکول ‌های دیجیتال در صنایع مختلف، کسب ‌و کارها و حتی در محیط‌ های خانگی کاربردهای گسترده‌ ای دارند. این دستگاه ‌ها به دلیل دقت بالا، سرعت در اندازه ‌گیری و قابلیت‌ های متنوع، به ابزارهای ضروری در بسیاری از فرآیندهای وزنی تبدیل شده ‌اند
برای آنکه بتوانید قادر به انتخاب و تهیه باسکول دیجیتال باشید ابتدا باید بدانید که باسکول دیجیتال چیست؟ با ما همراه باشید. باسکول دیجیتال یک نوع ترازو است که برای اندازه ‌گیری وزن استفاده می‌ شود و برخلاف باسکول ‌های مکانیکی سنتی، از فناوری دیجیتال برای دقت بیشتر و قابلیت‌ های پیشرفته ‌تر استفاده می ‌کند. این نوع باسکول ‌ها معمولاً دارای صفحه نمایش دیجیتال هستند که وزن اندازه ‌گیری شده را به صورت دقیق و خوانا نشان می ‌دهد
https://abzarpouria.com/product-category/%d8%a8%d8%a7%d8%b3%da%a9%d9%88%d9%84/

bharat khatwani   28 July 2024 at 17:49

How to counter this?

defendants often claim that they never received registered letters (RPAD)/speed post/registered post, even when website of postal department confirms delivery. This old trick is routinely accepted by courts, frustrating the petitioners struggling for justice .How to counter this?

Prya Sotode   28 July 2024 at 17:48

ابزار پوریا

رای خرید انواع مختلفی از باسکول های دیجیتالی میتوانید به سایت ابزار پوریا مراجعه کنید . در حال حاضر، خرید باسکول دیجیتال به یکی از نیازهای روزمره بسیاری از کسب و کارها و مراکز تجاری تبدیل شده است. باسکول ‌های دیجیتال در صنایع مختلف، کسب ‌و کارها و حتی در محیط‌ های خانگی کاربردهای گسترده‌ ای دارند. این دستگاه ‌ها به دلیل دقت بالا، سرعت در اندازه ‌گیری و قابلیت‌ های متنوع، به ابزارهای ضروری در بسیاری از فرآیندهای وزنی تبدیل شده ‌اند
برای آنکه بتوانید قادر به انتخاب و تهیه باسکول دیجیتال باشید ابتدا باید بدانید که باسکول دیجیتال چیست؟ با ما همراه باشید. باسکول دیجیتال یک نوع ترازو است که برای اندازه ‌گیری وزن استفاده می‌ شود و برخلاف باسکول ‌های مکانیکی سنتی، از فناوری دیجیتال برای دقت بیشتر و قابلیت‌ های پیشرفته ‌تر استفاده می ‌کند. این نوع باسکول ‌ها معمولاً دارای صفحه نمایش دیجیتال هستند که وزن اندازه ‌گیری شده را به صورت دقیق و خوانا نشان می ‌دهد
https://abzarpouria.com/product-category/%d8%a8%d8%a7%d8%b3%da%a9%d9%88%d9%84/

at your mercy   28 July 2024 at 15:51

Contempt of court



1. I bought a property through an auction under the SARFAESI Act and received a sale certificate and possession. The Indian Bank, as the secured creditor, got an eviction order from the Chief Judicial Magistrate (CJM) of Salem on 09/11/2021 to help you take physical possession of the property.

2. After taking possession,I did some repairs, updated the property records, and completed the necessary registrations.

3. On 23/01/2024, the original borrower forcibly entered the property, breaking the locks, and is currently occupying it. my belongings are still inside.

4. I filed a First Information Report (FIR) with the police, but they were uncooperative and delayed registering the FIR by 60 days, only doing so after you approached higher authorities. The court has now recognized the crimes committed by the borrower.

5. Ifiled a writ in the Madras High Court, which advised using Section 14 of the SARFAESI Act in the CJM court. However, some lawyers believe that since this section was already used by the secured creditor, I cannot use it again. I have also filed a civil suit under Section 6 of the Specific Relief Act (SRA), which is yet to be heard.

6. The borrower's case is still pending in the Debt Recovery Tribunal (DRT), and he has been delaying the process with various applications. He has deposited some drafts into the loan account, but they couldn't be credited because the account was frozen. Now the amount is in a temporary account. The borrower is making claims about the reserve price and notice issues.

7. I am considering filing a contempt of court case in the CJM court, which had issued the eviction notice, due to the borrower's actions.

please advise thanks

Suwarn   28 July 2024 at 15:13

Self acquired proeperty

Does below statement holds true .
"On partition the ancestral property comes into the hands of individual
persons/coparceners, then it has to be treated as a separate property and
such a person shall be entitled to dispose of the Coparcenery property
treating it to be his separate property."

Ashish Panchal   27 July 2024 at 22:59

Parking by neighbour

I am staying at last house at lane of co op society wi 20 feet drive way. 2 neighbours are parking their car such a way that I can not drive in or drive out my car and everytime I have to call them to shift their car. In such matters what is the best way to do?

bharat khatwani   27 July 2024 at 21:45

Support needed to address unethical practices

Dear Members of the Public,

The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for existing ethical guidelines among some advocates.

The Problem: Baseless Claims in Legal Notices

I conducted an experiment on a legal forum (Pathlegal) to investigate this issue. I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Disturbingly, most advocates showed no reservations. This indicates a failure to adhere to ethical standards despite clear guidelines.

Personal Experience

Recently, my tenant claimed INR 400,000 for renovations after 24 years based on an alleged oral agreement with my father in 1999. This claim contradicts the Statute of Limitations and lacks credibility. Unfortunately, such baseless claims are becoming increasingly common.

Ethical Concerns and Recommendations

To restore public trust, I urge the Bar Council to:

Review and Reinforce Existing Rules: Ensure guidelines are widely understood and adhered to. Develop campaigns to educate advocates on their ethical duties.
Enforce Disciplinary Measures: Implement stricter consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims. Enhance the capacity of disciplinary committees to act promptly.
Promote Ethical Advocacy: Strengthen guidelines to prevent frivolous lawsuits. Implement mandatory continuing education programs on ethical conduct.
By taking these steps, the Bar Council can deter unethical practices and reduce frivolous lawsuits, leading to a more efficient and just legal system.

Support the Petition

I have uploaded this petition at Change.org. Please support it to help establish the rule of law and restore public trust in our legal system.

Read more at: Lawyers Club India

Thank you for your support.

Sincerely,

Bharat Khatwani PS. This is being reposted to make sure that it is not ignored just because it was anonymous.