vinod bansal
21 July 2009 at 16:06
Respected all members
crl complaint uss 323/452/395/148/149/506/120-B IPC was filed by me in which four accused were named (mentioned in complaint by name)& 20-30 accused were mentioned in complaint as "20-30 other"now court has passed summoning order against four accused u/ss 323/452/506/120-B IPC & not under sections 395/148/149 IPC by stating reason that there is only four accused are mentioned by name in complaint so being accused less than five section 395/148/149 IPC is not attracted in such position,my submission in the court was that the court can proceed under sections 392/34 in such position thereaccused are less than five in number but court decline my submission,i have a citation of supreme court in which it is clearly mentioned that mere mentioning of wrong sections in complaint is not a ground to dismiss the complaint,court can summon the accused under any section in which court after perusing complaint found that the offence is prima facie made out.please avail me legal position alongwith citations. Thanx in advance
Y V Vishweshwar Rao
21 July 2009 at 15:35
I request lrd friends to Verify and suggest on the followign issue !
One X purchased 200 Square yards in 1990 under Sale agreement with Delivery of possession with Rs;- 100/- NJS - And again purchased 300 Square yards abuttign the said 200 square yards in the year 1998 under Sale Agrement with Delivery of possesison - NJS Rs;- 100/-
In the year 2005 the same vendor executed & Registered Sale deed with reference to the sale agreements of 1990 & 1998 and delivery of possession in the year 1990 & 1998 , in favour of the same Vendee in respect of the both Sale agreemtns( consolidated ) for 500 square yards and required stamp duty is paid on Registered sale Deed as per 2005 rates
Now in a Suit the Regd Sale deed of 2005 , Sale agreements of 1990 & 1998 are filed to prove the dates of transactions & Delivery fo possession as in 1990 & 1998 and delivery of possession to the purchaser .
The Regd Sale deed of 2005 is marked . The sale agreements of 1990 & 1998 with delivery of possession are objected for want of Stamp duty & Penalties & required to be imopounded indipendently .In fact in the sale Deed of 2005 entire stamp duty was paid as per 2005 rates (though sale considerations in 1990 & 1998 were very less)
Whther, the Sale agreement of 1990 & 1998 with delivery of possession, have to be indipendently impounded, inspite of Registration of Sale deed in 2005 on the same land/s and transactions between the same parties ?
Jaswinder Singh
21 July 2009 at 13:12
The contractor has raised construction vide oral agreement but not to satisfaction of owner and raised incomplete construction. Due to which the owner did not pay the total amount now the contractor has filed complaint with Labour Inspector. Is the said complaint is maintainable or not. Pls clarify the same with citation, if any.
Aditi Tandon
21 July 2009 at 13:05
Please give a format for terms & conditions for a Bond to be signed by an employee who is being deputed abroad.
hariharan N
21 July 2009 at 12:11
I request the experts to justify with judgements,if any, whether travelling allowance paid to an employee is covered under employees' state insurance corporation. I am not clear whether to consider this or not while computing the ESI coverage.
Thanks and regards
Hariharan N
ashish
21 July 2009 at 12:05
what is the procedure to get registred a Pvt. Ltd. co. under dvat Act to attain its Tin No.
Murugesh
21 July 2009 at 09:34
Please send sample of simple corporate guarantee format for payment.
Tushar
21 July 2009 at 08:38
Indian court passed an order under the provisions of Hindu Marriage Act for maitenance in favour of wife against Shri Lankan citzen residing in Shri Lanka.How the order passed by Indian court can be executed in Shri Lanka and under which provision of law or treaty.
Tushar
21 July 2009 at 08:33
Can a divorced muslim woman can claim maintenance from her former husband under the provisions of Domestic Violence Act,in view of below mentioned provisions of said Act.
Defination of aggrieved person given in D.V Act
(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
now as per the provisions of sec.12 of D.V act any aggrieved person can file application to magistrate seeking one or more relief under the act and act does not put any bar to file application by the divorced woman.so in the aforesaid provisions of law can a divorced muslim woman can claim maintenance from her former husband and I would like to know your view pertaining to the effect of Muslim women protection of rights on divorce act 1986 on the D.V.Act
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minor s right over grandfather s inherited property-reg
I am from Tamilnadu.Ours is a HUF. My father died in 1979,leaving behind my mother and 6 children.(4 femoles and 2 males).My mother died in 2003.All my sisters are married as of now.
My father inherited some landed property from my great-grandfather.My great grandfather inhrited those propertis from his parents.So all the properties are of our ancestors.
In 1995 we all ie my mother,myself,my brother and sisters jointly sold a part of those properties.The other portion of the properties are still available and not divided among us.
I have a son and his present age is 24.Atthe time of sala of a part of the said property,my son was a minor.Now he says that as a minor at that time in the HUF, he has rights over the sold-out property,as it was inherited by his grand father,(ie my father),from his great- grandfather.And want to file minor suit, claiming his rights.
Please give opinion,if his above contention is correct?