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Anonymous   25 January 2024 at 15:53

Jurisdiction of suit

Dear experts,

I had a contract with a logistics company based in Kolkata, but the contractual clause specified that in the event of any disputes, the jurisdiction of the court shall be Delhi. However, the cause of action has occurred in Bangalore. I would like to seek your advice on whether I can file a suit in Bangalore despite the jurisdiction mentioned in the contract agreement.

KSP Rao   25 January 2024 at 11:57

Judgement pronouced on 1 sept 2023 & condone delay petition.

Dear Sir : There was wall constructed by neighbor by occupying 3 feet , i approached court dated 1 Jan 2022, after couple of hearing i present myself at Hyderabad city civil court and judgement was announced in my favor, and by showing the court orders requested GHMC to dismantle the wall dated 12 December 2023, instead GHMC Officials gave information to my defendant about the court order. however the judgement instructed defendant to dismantle the wall, he was not present at court for 2 years. Now after the case got forfeited (from 1st Sept 2023 - 90 days) defendant is filing a written statement and also condone the delay in presenting the petition filed for setting aside in the interest of justice. His intention is clear to drag the case, however he was least bothered to attend the court case, now taking action to waste court time & plaintiff time. Case : Defendant land showing as 142 yards in the registration document, however his property documents measurement show is 143.5 (L X B), so court gave orders to dismantle the wall and defendant only should dismantle the wall, not to disturb the peace of Plaintiff and not to construct the wall in front of Plaintiff house. my question is 1. How much time does it take again for further process 2. Will the court again open the case 3. Request for valuable suggestion for How to proceed further. 4. what might be the next step from plaintiff. The Honble court upon hearing the matter has instructed to take out notice to respondent / plantiff and file proof of service and posted the matter to 30 Jan 2024. Myself Received notice dated 24 Jan 2024.

Read more at: https://www.lawyersclubindia.com/experts/judgement-was-annoucend-on-1-sept-2023-now--756831.asp

Anonymous   25 January 2024 at 11:19

Regular degree validity during government service

I was pursuing regular graduation degree course session 2017-2020. In june 2018 I joined a government job in other state. After joining I intimated deptt about such course and asked for permission for 1st year exam, the permission was granted mentioning it will not effect my duties, no leave will be sanctioned etc, since this job was of low level type, I was just only waiting for my graduation degree to be completed so that I could apply for higher post in other deptt. After 8 months of service I remain absent from duty for 4-5 months for my regular study and attendance matter, in this period I successfully write 1st and 2nd semester of graduation. After this due to corona pandemic, third semester delayed for 8 months and since in this period college was physically closed so I pursued study online working as gov. Job and 3 months before final exam of degree course I resigned from that job. I appeared final year exam and issued degree from college. The question is, can I apply for any other post based on such graduation degree. Will my degree be valid.?

KSP Rao   25 January 2024 at 10:17

Judgement was annoucend on 1 sept 2023, now

Dear Sir :

There was wall constructed by neighbor by occupying 3 feet , i approached court dated 1 Jan 2022, after couple of hearing i present myself at Hyderabad city civil court and judgement was announced in my favor, and by showing the court orders requested GHMC to dismantle the wall dated 12 December 2023, instead GHMC Officials gave information to my defendant about the court order. however the judgement instructed defendant to dismantle the wall, he was not present at court for 2 years.

Now after the case got forfeited (from 1st Sept 2023 - 90 days) defendant is filing a written statement and also condone the delay in presenting the petition filed for setting aside in the interest of justice. His intention is clear to drag the case, however he was least bothered to attend the court case, now taking action to waste court time & plaintiff time.

Case : Defendant land showing as 142 yards in the registration document, however his property documents measurement show is 143.5 (L X B), so court gave orders to dismantle the wall and defendant only should dismantle the wall, not to disturb the peace of Plaintiff and not to construct the wall in fornt of Plaintiff house.

my question is
1. How much time does it take again for further process
2. Will the court again open the case
3. Request for valuable suggestion for How to proceed further.
4. what might be the next step from plaintiff.

The Hon;ble court upon hearing the matter has instructed to take out notice to respondent / plantiff and file proof of service and posted the matter to 30 Jan 2024.

Myself Received notice dated 24 Jan 2024.

Anonymous   24 January 2024 at 22:37

Kindly help me

We have been married for almost 2 years. For the last 6 months we have been seriously arguing regarding the birth of a child because she does not want to have a child for the next 1 year. Both of us are 37 years old. She told that after one year she will need my bank account statement in order to decide whether to give birth to a child or not. I told her that I will bear my child expenses but still she is not ready. Due to this, trust issues are increasing day by day. Apart from this she doesn't listen to anything I say.
She is very stubborn, her self-respect comes behind even the smallest things, that's why she does the opposite of whatever I suggest to her. Actually she used to live a PG life which she still likes to live. She keeps her mobile phone locked.. She does not care about my health, (she has no emotions at all) . Few days back I was unable to lift my foot, ( it might be a small stroke, I have not get it checked as there is some improvement) maybe due to tension. She loves to sit alone with her mobile phone which remains locked due to this doubts appears. Whenever she goes to meet parents, she is not willing to come back. All such issues are disturbing my mental and physical health but she is very careless. what should I do now? My life is becoming hell day by day. I have stopped talking to her for last 1 week may be this end her ego

anonymous   24 January 2024 at 20:51

Alimony or maintenance amount in dispute marriage

Scenario:

This is second marriage of both husband and wife. She has 8 years old son from her previous marriage and have received Rs. 10 laks Lum sum amount from ex husband as permanent alimony.

Current husband was not aware about her intention to earn money only and their marriage got disturbed. Wife is also involved with third man over WhatsApp calls so that call details cannot be taken from telecom.

Current husband is in private job with pay Rs. 110000.00 after tax. She has demanded Rs.80000.00 PM in Sec 24 or 125. Court proceeding is in progress.

Wife is having FDs of about Rs. 25 lakhs in the bank about. This includes her alimony amount received from last marriage. Also she is earning salary of Rs. 25000.00 PM

Current husband has some personal loan liability whose EMI is 30000.00 PM, sec 125 to parents = Rs. 8000 PM, Rent of Rs. 15000.00 PM

Question: Since wife has already taken life time alimony amount from her last marriage, again she can get maintenance u/s 125 from second husband for herself and minor son?

Question : Wife is already earning salary of Rs. 25000.00 P/M which is appx 25% of husband pay. Again she is liable to get maintenance?

Question: If yes then how much she can get by considering EMI, rent and sec 125 to parents by husband?

Thanks in advance.

anonymous   24 January 2024 at 10:42

Rights of wife on matrimonial house with disputes.

Scenario.

This is second marriage of couple. Wife had brought 7 years old son.

Wife and husband are fighting to each other a lot as she is not serving to mother-in-law. Due to many fights even in the front of police, FIR was registered U/s 751 and both were sent to jail. After 3 days in jail, couple got bail from mother of husband with a promise that they will not fight again. But it did not happen. Fights kept on going. As a result, mother of husband disowned/bedekhal son and his wife and asked them to vacant the house. They were living in the matrimonial house forcefully. In return wife has beaten mother and has some CCTV footage available. But police has not done anything in this matter.

Mother left her own house and started living in separate house. Mother went to court for vacating the house as she is the owner of the house and DV case against wife and 125 case against his son. After three months later when couple fought again, husband also left the house and filed divorce petition on the ground of cruelty. In return, wife also filed a court case against mother and husband for banning them not to come at matrimonial house. In fact, mother is sole owner of the house.

After 12 months, couple decided to reunion and he withdrawn his divorce petition. U-turn by wife, she refused to go along with husband separately and dont want to leave matrimonial house and she file 125 against husband and remined that husband is banned to come at house.

Court cases by mother:
1. For vacating the house against son and daughter in law
2. 125 against son
3. Domestic Violence against daughter in law.

Court case by husband:
1. Had Divorce petition which has been withdrawn after 12 months.

Court cases by wife:
1. Permanent Injunction of matrimonial house, banning mother and son to come at house. Mother is sole owner of this property.
2. 125 against husband.


Question: What is the legal right of wife on matrimonial house in this scenario. Mother-in-law is sole owner of the house. Is there any possibility that mother will get her house back?

Thanks in advance.

anonymous   23 January 2024 at 23:07

Bayana is going to expire.

Posting on behalf.

Bayana was written on stamp paper of Rs. 500.00 in Punjabi language for a piece of land worth 1 CR, for example. At the time of Bayana, seller has received earnest money of Rs. 15 lacs only and second party took the possession of the land as seller was not good in Punjabi language. The validity of Bayana was set for 12 months. 

2 days before expiry date, purchaser requested to extend this Bayana for additional 6 months which was agreed on the same stamp duty paper by just hand written with pen a line that this Bayana would be extended to another 6 months.

But now only 28 days left with validity of this Bayana, seller has not received any more payment nor have any clue if second party is interested to make balance payment as they are saying that by default any Bayana is always valid for 3 years by law.

Question: What is legal rights of seller in this case? Can he file a court case for cancelation of Bayana by forfeiting his earnest money on the ground of not able to make 100% balance payment on or expiry of Bayana? How possession can be taken back as property is locked by second party in the means of possession.

Thanks in advance.

Anonymous   23 January 2024 at 19:09

Non payment

Hello all,am a single mother where my husbnad had taken loans on my name.
N past 2 years i stopped paying as he did fraud and left and i dont have any money to pay.
Today HDFC bank people came near my house and said they have non bailable warrant. Is it right they can issue NBW to me and I get to go Jail?
Please some1 help

Ganesh K   23 January 2024 at 15:45

Is building 20 rooms in residential area commerical?

I have a property in Karnataka in which I am planning to build 20 rooms which I am planning to give to students on per person rent basis or per room rent basis. The property is in the residential area. I don't provide any other services like meal or anything. They just get to stay there. Will this be treated as commercial building?