Punit Gupta
19 July 2014 at 20:05
Dear August members,
kindly share the detail on legality on carrying/possessing/practicing/travelling in Delhi metro or any other public transport with Nunchaku.
For your reference, here is the image of Nunchaku attached.
This is specifically used for Kungfu practice and self defence.
Amol
04 June 2014 at 17:14
Sir/Madam,
We had filed writ petition in High Court Bombay in which they ordered to register an offence under Atrocity Act and IPC sections in 2009 and to investigate the matter.
The accused were released by the police with surety of bond in the year Jan 2010 under CrPC 169 thus making the final report that no evidence was found against the accused under prevention of atrocity act and IPC sections. The final report was submitted to Chief Judicial Magistrate, District: Sangli. The police have submitted in their final report that the applicant was called many a times to police station to record the statement but the applicant refused to do so. But the applicant have recorded the statement but police are denying it also the applicant has recorded the statement in High Court Bombay.
The police didn't inform us neither the magistrate that the accused has been released . What we have to do now since almost 4 years has been passed with no justice. Can we move to the supreme court by stating the reasons for the delay? Or else we have to move to High Court? Suggest the same.
Adv.Aiyer VLV
03 June 2014 at 07:41
Hindu, M one of Two sons get property by partition deed in.1989. Property land was granted by govt, enjoyed by father and his bro.
.
He is married in.1982. Has a Daughter 1985. He begot son in 1994.
.
In. 1989 M.acquired a land. 11000
In 1990 he sold property share for 75000. Though he was in debts deed of Sale says selling to acquire lands.
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In.1992 he acquired land in his name 25000. In 1997 acquired Land in.wife name 71000. She doesn't have earning. She may Claim parents gifts. 2002 he.builtup house.
:
2008 difference with wife. 2010 partition suit by daughter and son on M. Wife's land is not in.issue. all other property is claimed as ancestral. 1/3 share is claimed. Suit alleged affair of husband and his wasting HJF property. Though M resided with them address was given care of office. A company branch is claimed in.suit wo making Co party. Bank which gave loan made party as SARFESAI action initiated. Court issues not to alienate.
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In.WS Claimed all property self acquired including 4 acre in wife name. No counterclaim or Claim on wife land made. Wife is promiscuous alleged. Respected principal Neighbour will Give evidence on it.
Suit in evidence.
Since 2012 M stays out of home. But has Possession of first floor. M.need money to survive.
Is partioned property ancestral and HJF property in.1989?
Can M file suit on.wife property Claim that is HJF? Or counterclaim now?
How court exercises Jurisdiction in bank mortgaged property?
can Co ask for stay and reframe issue for incl their branch? Set aside order in.suit. or Writ?
M.has to sell property to survive List Pendens will save him from contempt? M right to sell is law in Know.Aswathnarayana setty V State of Karnataka 2014 SC 1367 and Well settled law in AIR 1967 SC 1440
Thanks and regards
Adv.Aiyer VLV
03 June 2014 at 06:35
An anglo Indian received ancestral property partitioned bw him and Two sisters. It is Estate but barren when he got it
He has 2 sons. Now sons with him filed a suit for partition being unjust etc. Asking higher share. His share received isn't issue in suit.
Elder son developed estate. A SPA or resort kind is run in.only home in.estate. brand Value is there. He is married has 2 daughters.
younger son.Well settled abroad. Unmarried.
Father wants to Give unequal share to sons. Bigger portion with home, brand, resort to elder in WILL.
Is there legal catch? If will isn't made will sharing be only.as per Indian.Succession.Act? Is Family settlement possible during.fathers lifetime and after?
Thanks in.advance
Advocate M J
17 May 2014 at 12:34
Respected learned members,
My client who is a retired school teacher has taken a HL from a pvt financial institution for which he has received notice U/s 13(2) of SARFASI Act, inspite of he paying his EMIs regularly, for which an IR was filed in DRT. Thereafter again he received possession notice U/s 13(4) which was challenged by him in DRT. After which the DRT has issued orders to the financial institution not to take the physical position of the property till the next hearing date. The institutional's lawyer till date has still not filed any objections.
In the meanwhile the financial institution has sent their team to lock the house. Immediately the case was advanced and a contempt of Court has been filed in DRT. Looking to the DRT's attitude the DRT is fulling supporting the financial institution and has kept mum over the contempt of Court case. Due to this particular reason if the house of my client is locked my client's full family will go on road, hence I am planning to approach the civil Court for getting an injunction against the financial institution not to take the physical position of his home. If this method is correct to take an injunction from the civil Court under which rule / order of CPC I should approach the civil Court, please advise me how to file the case in civil court and what are the documents to be enclosed. Please help my client and save him and his family from going on the road without shelter.
Thanking you,
Yours faithfully,
Mary Joan
sudhindra
19 January 2014 at 22:43
Dear experts
the department of vat Karnataka, filling cases against vat dealers who failed to submit vat returns continuously for six months in local courts. some traders also paid penalty. but as per Karnataka high court order such dealers can only pay interest on vat due by them but not penalty as it is against to Indian constitution. please solve this problem.
Adv.Aiyer VLV
19 January 2014 at 08:35
Have a young lady client with 3 year old kid from 4 years marriage, whose husband had been tormenting with unbearable character assassination, intoxicated & sober physical abuse. Beating with wires, kicking her and kid have been usual. Sister had witnessed this.
He is a driver and family at native owns a truck. he is capable of earning Rs.500 to 1000 per day. They moved into Bangalore 6 months ago and he took salaried employment since quarry activities in native was not viable.
He deserted her last week by staying in native with his family. In same town clients mother is also staying. He had once broken her head with stone and recorded statement by client was closed with mediation by police. complaint, settlement is available.
He is speaking indecently about client and her mother, including untrue incest abuses over phone. Recording of talks are available. He demands divorce and keeps oscillating in stands.
Client wants divorce. I want her to get interim maintenance, alimony and DV Act proceedings
QUERY
1. Is it better to seek CrPC 125 prior to divorce petition or seek maintenance along with divorce in IA?
2. Maintenance under HMA will it be available till filing divorce only?
3. Is it better for DV proceedings be initiated during pendency of divorce or better to file it now?
4. A notice is ready for divorce. is it better to wait for mutual or file with her seeking divorce?
Rahul F
19 January 2014 at 07:39
A case under DV act is pending in Lower court. However Wife is working as Research Associate and getting fellowship and claiming that she is not employed so grabbing interim maintenance from me... I have files an application under 25 to cancel the interim and stopped paying. However she is playing delaying tactics and asking to pay the arrears first before next proceedings..
1. Can I request court not allow her to withdraw money if I deposit arrears
2. Would she be liable for case of perjury ?
3. Any other suggestion ?
Thanks in advance..
Prabhas Saxena
16 January 2014 at 16:50
Respected Seniors,
i have a client who is alleged of a crime, and the matter is pending before bfore the sessions court and he's in Judicial custody, hence the matter is clearly "Sub-Judice".
A local newspaper's editor came to me, being his advocate, but his discussions seemed to be a part of blackmail for yellow journalism, hence i avoided his.
After few days i found that newspaper doing extensive negative coverage of my client, and that too on literally, insane and foolish grounds, saying that 'sources' told him!
I researched the matter in Aiyer's book of contempt of court, and found tons of citations pointing that when a matter is sub judice, section 3 of contempt of court act, 1971 bar's any publication,etc on that matter if it can directly influence & prejudice the vision of the court. The only defense is of 'truth' & 'fair or innocent publication', which is not the case here.
also its a matter of defamation.
I have made a draft for private complaint to the magistrate, but i want help at few points:-
1. Does sessions court of one district, have jurisdiction over the contempt of court of another district?
2. As the act is accompanied with malafide intention, hence a criminal contempt(not civil), i would have to file the case in the respective court under which the residence of the complainant falls, or else..
3.Also help me if any strong citation is present there, when media(or advertisements) got charged with sections 415-420(Of cheating) IPC for publishing/broadcasting unauthentic & unverified wrong informations to its viewers.
Note: prosecution's case is VERY WEAK, negligible evidences.
please give suggestions on unasked & unknown points also.
Thanking all helpful seniors in advance, for assistance in the first case of my life :)
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Right act for apartment association registration in bangalore
Hey Guys,
I was reading online and there are 2 Acts suggested to register an Apartment's Association in Bangalore, namely
1. The Karnataka Societies Registration Act 1960 (KSRA)
2. Karnataka Apartment Ownership Act, 1972 (KAOA)
Reading through the details, it seems KAOA is the right Act, but some blogs are saying its difficult to register under the same.
https://novojuris.wordpress.com/2013/12/18/registration-of-residential-apartments-karnataka/
Our committee has ended up registering under KSRA, but as it does not seem right, I wanted to know what could be the implications of this move? Though I do not have data, but I feel this might hurt us in long run. Can someone please put some light on this?
Thanks