Devajyoti Barman's Expert Profile

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Dharamveer Nimiwal says : cheque for job bond
Does a cheque given for job bond attract 188 NIA if I leave the job before specified time? Is this cheque a security cheque?

Aftab4u says : ADVANCE THANKS
Dear Experts, First of all thanks to all LCI team for such a great site a helpful site. need ur valuable advice regarding the case. HC ORDER: The petetioner is the wife of the respondent. she filed OP NO - XX of xxxx in the family court, with a prayer to declare the move of the respondent to contact second marriage as illegal and opposed to law. she also filed I.A No - xxx of xxxx under order 29 Rules 1 and 2 CPC with a prayer to restrain the respondent from contracting the second marriage. The IA was dismissed on 2010 the petetioner filed CRPMP No - xxxx before this court challenging the order in the IA she also filed CRPMO - no - xxxxx. the court granted an order of interim injunction to be in force for a period of six weeks the respondent filed IA No - xxxx with a prayer to vacate the interim order. observing that the petetioner was absent on the date of hearing, the court vacated the order. the petetioner filed CMP No xxxxxx for setting aside the order, dated xxxx. the said CMP was allowed on 31-12-2010 and the order dated 10-12-2010 was recalled. This contempt case is filed stating that the respondent contracted second marriage on 20-12-2010. according to the petetioner, the said act of the respondent amount to be contempt of court, since the marriage was contracted before expiry of the time for filing an application to set aside the order, dated 10-12-2010 and even while CRP was pending. There are clear provisions under the hindu marriage act (section 15) and indian divorse act (section 57), which prohibit marriage by any of the spouses,upto certian periond in the event of the procedings of divorse being allowed. the prohibition operates till the expiry of the period of limitation for availing the further remedy or if such proceding are filed, till the dismissal thereof. it is true that the parties herein governed by personal law. however, the question as to wheather the principle that a spouse, who is a party to the procedings before a family court, cannot contract another marriage during the pendency of the procedings in a superior forum, applies to the to the petetioners needs to be examined, since the matter is of general importance and the judgements rendered by various courts are required to be considered , it is felt that the matter deserves to be heard in division bench. PLS NOTE : 1.WE ARE MUSLIMS MARRIED AS PER SHARIAT LAW 2. I DIVORSED HER IN THE YEAR 2009 AS PER PERSONAL LAW. 3.THE INTERIM INJUNCTION ORDERS WERE NOT EXISTING AT THE TIME OF REMARRY. 4.SHOULD I NOT REMARRY WHEN CRP/OP IS PENDING. Pls guide me if any judgement is there that the court cannot interfere in the personal laws. thanking you all in advance.

karan says : How long it will take to vacate a tenant in India?
Hi, I am from delhi and own a home in delhi. The tenant staying in the home is adamant in vacating it.we are having a lease of 11 months with him but but he is refusing to vacate our home. Since sending him a court notice will take long time to vacate him (because of long time it takes to finish the hearings in court) we approached the nearby police station. When police called he said he will come there but never turned up. Even to the police he kept on saying he knows some powerful people and blahblah.. I want to know if we send him a court notice seeking his vacation, how long it will take for the proceedings to get over. Or Is there any rule in India in favour of house owners (recently i heard tenants have no right to deny vacating the house but could not remember it exactly). Will sending the court notice is a long term process or what are the tricky things we can mention in the notice we are sending? Is there any other better way to vacate him? thanks karan taneja email:karan.taneja4@gmail.com

sweta says : Death of compliant after framing of charge
A criminal proceeding under 156(3) is going against me. after framing of charges the compliant had died. The opportunity for the cross examination has not been given to me due to the death of compliant . Can acquittal at this stage possible?

Gaurav says : Please Guide
Hi, My friend's father met a road accident nearly two years back. He was hit by a girl who was driving rashly per the witness statement. He has lost his mental balance due to the damage to part of brain. He had a daughter only and she had to sell off her business and the house, to fund the treatment of Rs 900000+ and ongoing monthly expenditure of Rs 20,000. As her daughter cannot take care of all his needs, a attendant is kept to take care of him. It has been 2 years now, and yet the court is not decided. Is there any way we can request for early closure. The girl who had caused the accident, her father is approaching involved parties to put pressure so that we take back the criminal case. He knows that we need compensation and thus indirectly pressuring us by sharing with insurance company reps. that her daughter never caused any accident. PLEASE HELP AS IT HAS BEEN OVER 2 YEARS AND WITH HOUSE AND BUSINESS BOTH SOLD OFF, IT IS DIFFICULT TO SURVIVE.

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