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Queries Participated

DINESH PARMAR   11 June 2022 at 14:29

Who can lounge the fir

I just want to know who can file FIR (the REGISTAR or private person) u/s Sec 82 of the registration act

Police can write sec 82 in Fir
POLICE CAN INVESTIGATE THIS OFFENCE

Mehta   11 June 2022 at 12:18

Precaution to take for pending case before leaving india

My Revision Application before Divisional Joint Registrar, Co-op Societies, Mumbai is pending and I have to leave India in Mid of Aug. 2022, in this case what precaution I should take that if I am not available still judgement is given but it is not dismissed due to my absence. I am leaving India because I got Immigration Visa of USA and my visa validity is up to 2.9.2022 so before this date I have to leave India. Thanks

Anonymous   10 June 2022 at 22:47

Maintenance for child

I have remarried & child of earlier marriage is in custody.
Can I file maintenance case for my child against my earlier husband ?
My earlier husband file child custody case.

Anonymous   10 June 2022 at 18:31

Gpa document not with seller

Hi,
We want to purchase a house from seller but seller does not have GPA from 1st owner.
Party A and B sold the property to party C but sale deed is done by Party A in 2000. Then party C sold the same property to party D in 2013 (which is current seller). Now we want to purchase the house from party D. But party D does not have GPA from party B.

We need GPA for loan approval.

Jitesh Babel   10 June 2022 at 18:03

Quash in 498a

Me and my wife were married in 2015 and living separately since 2016. In 2017, she had filed false cases in Bhopal in 498A, DV etc. Sec 125 maintenance is finalized and I'm paying it.
In 498A, we are in the trial stage and my wife's statement and cross are completed. Till now its pretty much clear that she is to lose as stories are different in compliant, FIR and now in her statement and cross.
- No medical evidences produced.
- No clear dates of incidents and no details of incidents provided.
- She agreed to a phone call between her father and my relative confirming that no dowry was taken.
- All timelines in the case are mismatched.
She has just said basic remarks - maarte the, dahej maangte the, saas ne dhakka diya, saas sasur husband dahej maagte the, etc etc
no specific allegations backed by dates and evidences of same.
Now in such a case under trial, I wish to go for quashing for my parents or entire case.

My queries:
1) Can I go for quashing against my parents or entire case now as only bogus stories are there and no evidences are produced in trial till now. The case is devoid of any medical records, any timeline, no specific incident dates.
3) The case is lodged in bhopal from date I visited bhopal after marriage once and parents did not visit bhopal even once till case was filed. So doesn't the jurisdiction lies in jaipur and not in bhopal? Can parents get quashing done on these ground.

Sadanand bhisaji Panchal   16 May 2022 at 11:19

At the time of investigation police forged fir

Respected Experts,
In 2015 Police registered false FIR against me U/s. 326 and 506 if IPC on complaint of lady known to me. On information, I obtained certified copy of FIR from Magistrate Court where date of offence was 08/08/2015. I filed Criminal Writ Petition in the Hon’ble Bombay High Court praying for quashing the FIR. After about 2.5 years, investigating officer filed charge sheet in the court and one copy tendered to me. In the FIR annexed to the charge sheet I found that the date of offence was altered from 08/08/2015 to 08/09/2015 by using whitener and also there found other fabrications. My Writ Petition is pending in High Court where Xerox of original FIR is relied. When I made Application under RTI to the Police Station, the Public Information Officer informed me in writing that the FIR Book containing original FIR is not available.
I do not know what to do. Kindly inform me as under:
1) Which FIR is reliable among dated 08/08/2015 and dated 08/09/2015?
2) Whether my Writ Petition become infructuous because of change in date of offence?
3) Which procedure to be followed in this case for quashing the FIR and to take action against the concerned Police officials who registered false FIR and then destroyed FIR Book?
Thanking You,
Sadanand Panchal

Anonymous   15 May 2022 at 18:44

Regarding section 9 hmp

I had filed for divorce in December 2015. Subsequently in 2016 my wife filed various cases against me including domestic violence, maintenance, 498a etc. She also filed section 9 for restitution of conjugal rights. In view of the cases filed against me, i do not want to live with her. Our relationship is beyond repair. We are living separately since 2016. My divorce case was closed ex parte as my lawyer didn't inform me of the dates and procedure. Can i file for divorce in the ongoing case under section 9? Or shall i file a fresh case? Please guide me how to stop her from coming back in my life. I am ready to pay higher amount of maintenance but she is not agreeing to it. She has told that she wants me to suffer by attending all cases

Narayanan kv   14 May 2022 at 19:51

Issue with my ex-employer

Sir/Madam

Myself Narayanan , At present am an farmer .Earlier I was working with a partnership firm from 2009-2021
( Job confirmed on 2011) . They are doing multiple business like mining - retail (Petroleum-product) and etc..No appointment letter was issued. They started to pay pf after 2011-jun. first three years i was worked in site ( contract work done by company) duty assigned by my supervisor. After that I was transferred to Head office in 2012 No transfer letter everything is in oral. From 2013 I was working in head office as an assistant
( designation mentioned in pf slip & salary certificate) . company has two petrol pump and doing retail business . Each outlet has manger and cashiers and they were doing purchase , sales remit cash in bank and they will submit report to head office . My work starts here , receive the data's ( reports from branch-outlet) and summarize and forward to my seniors. I was doing the work as directed by chief accountant and gm. it was going on. meanwhile in branches they started to give credit to customers. At on stage it was in crore . I was informing everything to chief accountant/ gm in written and oral on daily basis. I was entering data's in computer received from branches/outlet and generating reports . That can be viewed by every one of my superiors . Also I was making cheque payment to buyers - all are accounted as directed by accountant and gm. no cash transactions involved with me as the sales is done by branches. i do make bills payment and entering data's and filing Gst returns and submitting reports. at one stage company couldn't meet daily payment because of increase in credit sales and matter has taken to managing director, branch managers was called to head office and conduct a meeting and both branch managers assured and assigned to collect the entire outstanding and gave a written statement that they are responsible for outstanding and cash suspense. It was happen in Nov 2020. salary has stopped to branch managers from Nov 2020. It is surprised no salary for me also for dec 2020. Both branch managers was not come to office form Jan 2021. but I was going and advised by gm/chief account to go for collection / and pick cash from branch and deposit in bank/ various duty. till mar 2021 I didn't get my salary in Apr i got my dec salary then In May I got my Jan salary & in Jun I got my Feb salary. I was asked to stop all head office duty from Jan 2021 and sent to collection and cash pick up duty. in Jun 2021 new person was appointed for my seat in heat office. In 25'th Jun 2021 I went to head office I was no seat to sit and no work was assigned to me and got no proper reply. Next day onward I stop to going office and sent resignation to head office by mail in 1st Jul 2021. I got reply that it was kept pending due to not hand over the sales /purchase details and accounting related statement. But IT- incometax return has been filled for the entire period.

my resignation letter I-7-2021

Sir,
Due to tight corner, I am unable to continue my service; hence I may be relieved
from service with immediate effect. My settlement may be settled at the earliest
please.
Thank you for opportunities you have provided me over the past ten years.
Thanking you

Reply from Head Office 3-7-2021

Dear Mr.Narayanan,
Please note that you have not properly handed over the documents handled by you and also the
pending collections of both the outlets for which you are accountable. You have not attended office
after the lock down has been lifted by the State Government. In view of this, we are unable to accept
your resignation and your relieving has been put on hold.
You are hereby instructed to properly hand over the documents and collect the pending payments
failing which, we may be forced to take appropriate action.

My reply 5-7-2021

I was appointed as Asst., merely doing the work of book keeper with the proper supervision of Chief Acct. & GM. I am not holding any Official documents, I immediately submitted everything after the task was completed by me, to the Chief Accountant/ higher Official to finalize, audit/inspection and for further action.
All the credit sales are provided by the Branch Managers at their own discretion (in this connection the branchmangers already submitted written assurance/Undertaking for outstanding).While the Branch Managers are goingfor collection, myself accompanied only (with Office Interest, in my own vehicle without getting any allowances for my accompany), that too, as asked by the GM & Chief Accountant. Immediately after accompany, I have reportedeverything to the GM and Chief Acct.

In this situation, I wish to recollect one incident, during accompany with the Manager, one party used
vulgar/unparlimetray words against me (threatened me that, he will murdered me) and attacked me with Chair. I immediately reported this to GM & Chief Acct., but till date, no response/action from the Office to protect me. For the past 2-3 Months, I am not receiving any salary from the Office. Moreover, in the present situation ( Covid 19), it is not advisable to travel in the crowded Buses. And also the Petrol rates are high, I am unable to spend any penny from my pocket, without getting salary or any transport expenses.
In the meantime, you have appointed new one in my post and no seat available for me to sit and also you have already taken back all the documents and left me alone without assigning any work.

You are all aware of that, I have worked sincerely without any office of profit except my salary, in good faith and without any negligence that too, under the supervision of GM / Chief Acct,. If any action for good faith, then I will prove my side. No one left the job in the present situation, that too with good salary. I am leaving the job for survival (to safeguard me from Corona virus -as no one is left , except me to take care of my aged mother).That is the only reason for quitting job. Hence, I request you to accept my resignation, relive me and process my settlements at the earliest please.



Recently in Apr 2022- I got same in register post and replied the same to head office by registered post.

Today morning (13-5-2022) I got phone call from commissioner office and asked me to come for an enquiry against the complaint on me from my ex employer.

Please advice me am sleepless for last four years ..... time is very short am feared..... what is my mistake here
how to handle this situation. is it civil or criminal? how to handle this situation tomorrow morning i have to go commissioner office please advice me ..... am sleepless and couldn't concentrate with my personal work
. i never enjoyed a penny of money from office except my salary. am sure about that.



Thanking you

Narayanan K.V.

Recent update misappropriated complaint given on me for Rs.3500000/-

Aditya Sood   14 May 2022 at 13:19

Transfer of title to lrs in case of redemption/repurchase

My Grandfather had availed a hand loan from his friend in 1976 and executed a residential house sale deed in the name of his sons (equally) as security against written agreement to pay it back within 5 years. After lots of complexities and escalation, the matter was finally settled by the Supreme Court recently, in which a reasonable amount of interest was ordered to be repaid back with the principal to the other parties by our family. My dad had deposited some amount in 2014, some in 2019 as per interim orders, accumulating to 90% of the total ordered amount. Balance 10% has been paid by uncle recently. In the original suit and all other suits & Supreme Court SLP, there are 4 LRs, namely my father, uncle and 2 aunts. The contribution towards repayment & advocate fees has always been done by my dad and uncle both, in 9:1 ratio as above.

The execution has been filed with the local court, asking them to execute the sale deed in our favour. As I understand, this is a repurchase transaction, not inheritance and it would be grossly unfair if we get only 25% share in the property despite contributing 90% of the amount. The other LRs are not willing to reimburse my dad for the excess amount paid by him, he has also lost a huge amount of interest since the first deposit in 2014. The property is currently in possession of my uncle and his family (wholly). Our advocate told us that the sale deed would be executed equally in favour of 4 LRs and dad would have to file a subsequent suit for recovery of excess amount against the other LRs, that too after the sale deed is executed. This creates a lot of risk because once the sale deed is executed, the other LRs can sell their share immediately and take control of the money, leaving my dad in litigation forever.

I want to know is it possible to plead to the court to order the sale deed be executed in favour of those only who have paid the contribution according to their ratio (i.e. my dad and uncle in 9:1 ratio)? Any supporting cases would greatly help my cause.

Thanks in advance.

Garima Wadhwa   14 May 2022 at 10:53

Hold on releiving letter and salary

Hi,

I was working in some pvt sector bank and got releived on 18.04.2022 after serving notice period of 90 days. There was some vigilance case going on since 21.03.2022 against two employees in which I am the witness. But now bank has put my releiving and salary on hold stating case is still going on and also they are trying to put blame on me and threatening to me that we will change your releiving to termination.

Please suggest what should I do?