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Queries Participated

Anonymous   22 June 2010 at 11:27

About Divorce

Dear Sir,
My brother is working in Gulf Country. Last year he had got married and return back to gulf along with his wife. During his marriage we did not demand any dowry from them. Their life went very well for 4 months until they visit to dr for check up. After diagnosed dr said his wife not able to produce egg for fertility. For medical my brother spent almost one and half lakh in gulf. My brother advised his wife take treatment from our home town while visiting to india but she refused to take treatment in our place and demanded that she wants to take treatment in her home town. My brother allowed her to go for treatment in her home town.
When my brother left his wife at her home for treatment based on her wish and said take treatment then cure it and tell me I will come and take you to gulf. Then her family started to abuse, torcher and threatening him.
They asked my brother come for fertility test. He went for test and proved that he is capable for that and also dr. said he does not have any problem.
Now his in-laws are telling, if you are not taking your wife with you to gulf, we will put dowry case on you and your entire family and we will not allow you to go back to gulf.
Now they started to tell he has illegal contact with his male friend who is in gulf. My brother is crying like anything and said that he does want to live with this wife. He wants to apply for divorce. On daily basis they are telling new lies about him which is unfair.
My question is if he applies for divorce, in the meantime if they file for dowry case what will happen. My mother is 60 yrs old and suffering from chickengunya disease. My mother is totally upset about this issue and she wants to commit suicide. We do not know what to do? My brother met lawyers, they are also telling, if they file dowry case, your entire family will be in trouble so think twice before going for divorce.
If we go for divorce, how we can tackle this dowry case if they sue on us.
Kindly advise me asap because my brother should report the duty in this month end.
Thanks & Regards.

Anonymous   21 June 2010 at 16:58

Against Crpc 125

Dear Sir,

Can i meet my son against crpc 125. judge (Mr Tej Partap Randhwa Nabha)ask your wife says yes then you meet our son.can we stay in together one or two days.

Kya MAin apne SOn ko kabhi nahi mil sakta.

please send any suggestion for this topic.

PLease help me

Anonymous   21 June 2010 at 16:43

Cheque bounce Sec 138 INA

Dear Sir,
A party lives in DELHI & has OFFICE there gave me a cheque to which I presented in bank at FARIDABAD which got bounced. I sent legal notice to party from FARIDABAD as MY RESIDENCE IS AT Faridabad . Now, I want to file case in court.

Will the case be filed at FARIDABAD court or DELHI court.

I made payment to party from my FARIDABAD BANK ACCOUNT by cheque.

PANKAJ KUMAR JETLY   21 June 2010 at 14:52

Section 138

I sent notice to a party whose cheque got bounced. The lawyer made party to the company, director and owner of the company ( who put signature on the cheque ) . His receptionist returned two registries of owner of the company and the director with a reason that owner is out of station and director has left the company BUT third registry in the name of company has not returned as I have not received third registry.

Can case can be filed as notice time period ( 15 days ) has been completed. Can this case be legally accepted in the court or NOT ?

george   18 June 2010 at 19:58

withdrawal of advocate notice

Respected sir,
After issue of advocate notice( notice to revoke a sale deed), the noticee without giving reply to the notice came for comproise and compromise agreement was signed on a plain paper.Whether this private compromise agreement is enforceable.whether the notice once issued can be withdrawn like this as per Civil Proceedure Code.whether the compromise concluded after issuance of legal notice without getting leave of court is valid in respect of immovable property. sir please guide me sir

Anonymous   18 June 2010 at 19:04

section 506 IPC

when a case under section 506 IPC is pending in one court, can a case be filed under section 506 IPC for SOME OTHER CAUSE OF ACTION UNDER SECTION 506 IPC in the second court. The second cause of action is with in the jurisdiction of the second court.

Anonymous   18 June 2010 at 14:52

Can GPA Holder refuse to do registration?

Respected Experts,

Here I am submitting a doubt for ur clarification.

“A” has executed a General Power of Attorney in favour of “B” to do sale transaction etc., on his behalf. Accordingly “B” has executed an Agreement of Sale in favour of “C” and received total consideration, but no Sale Deed was duly registered on some reasons, at that time. Now “A” has expired. So “B “is refused to do registration in favour of “C” on the ground that “A” is no more.

In such a case what “C” should do? I think that in the event of death of “A” the powers vested with “B” on the basis of said GPA, stands cancelled and that he has no right to do registration etc., as per law.

Plz. Clarify.

Anonymous   17 April 2010 at 14:49

suit for declaration and possession

Dear Experts, in a suit the plaintiff filed suit for declaration of title and possession against 2 defendants. the 1st defendant was set-exparte in the initial stage, the 2nd defendant contested the suit but decree was granted in favour of plaintiff on 08-12-2005. After decree in 2006, the 1st defendant was died leaving his 4 sons and 2 daughters ( the 2nd defendant is one of the daughter of 1st defendant). But the 2nd defendant preferred appeal without impleading the legal heirs of 1st defendant. Now the appellate court asks question for non-impleading of the LR's of the 1st defendant. Is is possible to implead the LR's of the 1st defendant after 2 years of numbering the appeal or contest the appeal only against the plaintiff as the decree and judgment is only against the 2nd defendant. In E.P. the execution court orders for delivery of possession against the 2nd defendant.please solve my query and provide relevant citations

Chetan   26 February 2010 at 08:04

138 Negotiable Instrument Act

In a case I am on the side of accused
I had called the independant Bank witness and I am takies his Oral Exam-in-chief

the cross is not taken by the complainannt yet.

Whether I can cross examine the witness which has been called by me

If yes, Pls provide provision and case laws''

Thanks

Regards

Atish   25 February 2010 at 22:23

NEGATIVES AND NOT PHOTOS ACCEPTABLE IN COURT

Hello,

I was told in one of my cases by my other advocate today that digital camera photos are not a case of proof in the court and you need negatives. This would affect another case of mine where I have produced 300 odd digital camera photos. The world has advanced and we all use digital cameras.
Now if this is not acceptable then what about my other cases which mainly depend on photos.
It has got nothing as prior detective appointment for the photos but natural instances which is proof sufficient.
Kindly guide as this is news to me and would not like to comment this to my advocate and confuse myself regarding him handling the other case.

Regards
Atish