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Tapas   23 January 2017 at 08:07

Partition suit

We (me and my sister) are jointly substitute(after expunging of my father and mother) plaintiffs and already got expartee preliminary decree ( which is--plentiffs got jointly 1/4 th share) in the year 2013 ... According to preliminary decree petition of survey passed commissioner already served to all the parties......commissioner appointment is pending in lower court.....in the mean time one plaintiff(my sister) wants separate share and possession ......instead of joint share and joint possession which is declared by trial court by preliminary decree....... Is it possibe now???...pls help. from --kolkata

anil a ghaisas   23 January 2017 at 08:00

co.op.housing society

If a Share Cetticiate is signed
by a committee menber is valid ? although Chairman , Sccreyary and treasuror are there.Anil A Ghaisas.

anil a ghaisas   23 January 2017 at 07:57

co.op.housing society

Is it valid when a Share Cetticiate is signed
by a committee menber although Chairman , Sccreyary and treasuror are there on the body as Office Barears Anil S Ghaisas.

Himanshu Mandot   23 January 2017 at 05:06

non payment of salaries

Hi, I am Himanshu Mandot, working with Cure Life Care Pvt. Ltd. as a manager -commercial since May 2013. My Salary is Rs. 75000 p.m. which i did not got since October 2016. Company has given me a notice stating that due to it's financial condition, they are forced to close the employment contract from 1st of january 2017. Now they have paid only thirty thousand on 06.01.2017 and that too from their sister concern and not paying the pending salaries, saying that the bank has feezed the company account, (due to account become NPA) hence can't pay the salary. They say that they can pay the salaries only if the account comes under working condition. I do not know how can I recover the salary

please suggest if any legal advice can be taken

Member (Account Deleted)   23 January 2017 at 00:34

Maintenance

Dear expert.

My wife file for maintance stating she is unemployment and passed order for maintance.
I applied In high court that she is doctor working.
And got a stay from high court.
it's experied in November. She said for settlement. And now she changed her mind and appeal for maintance recovery and got flw arreste worrent from lower court.

His father is an advocate in lower court. High court advocate change his mind not proceeding with case. Some thing are been manged and manipulation going on by his father who is an advocate.
Who I can approach, to get justice. Other lawyer is not ready to take my case.
I have an arrest warrant 2nd time. Whom I need to approach.

My email ID :- hameedmail007@gmail.com

ks   22 January 2017 at 23:58

Change in the child custody order passed after mutual agreement and that too within one month

Dear Experts,

My cousin had applied for permanent custody of his 4 years old daughter and meanwhile applied for interim relief of bringing her twice a week.

After several months, Retiring Judge counseled both the parties and taken a written statement of compromise from both where they agreed for a twice a week visitation right. [ Which was happening earlier by mutual consent but later on stopped by his wife.]

Judge then advised them to give the time to rethink for child's future ( Since divorce was not filed by either of them) and closed the whole case.

Cousin's wife meanwhile applied for case of Maintenance in another court to pressurize him for divorce.

Now, just within a one month and that too when order was passed based on both parties's sign on compromise; how can my cousin roll back and again file for the final custody (without filing divorce) ?

(He also wants divorce but only in the condition if he is given the full custody of her daughter, for which his wife is not agreeing.)

Dinesh   22 January 2017 at 22:15

For release annual increment and open sealed cover envelope for next grade promotion

FOR RELEASE ANNUAL INCREMENT AND OPEN SEALED COVER ENVELOPE FOR NEXT GRADE PROMOTION


While working as Assistant manager in State Bank of Bikaner & Jaipur. I was suspended on 11.05.2007 and later reinstated on 31.01.2009. Since my date of suspension to date of reinstated no any charge sheet is given to me by the Bank. My annual grade increment since December-2007 is not released till now. I have also appeared for next grade promotions from the year 2009 regularly but the results was kept under sealed cover envelope and not communicated to me till now.I am working for the Bank. My retirement is due in the month of June-2018


A fraud was taken place at our Ajmer Branch on 17/08/2006 when I was posted at Nathdwara Branch and working on duty on that day in Nathdwara Branch but police of Ajmer had arrested me on 16/04/2007 and framed false charge sheet against me. It is alleged by the police that I had dragged the information in which frauds purported to have been taken place.


As per police charge sheet, I am co-accused in that case. The time taken for disposing of cases in Indian courts is getting longer. Negative aspect of Indian judiciary system is its lethargic and slogging approach. There are countless instances wherein cases run for decades and the defendants pass away without being awarded with the proper judgment.

The Vigilance Department of our Bank has also permitted me to post at sensitive position. Hence there is no matter is pending from vigilance point of view.


Please advice me what is the prescribed time frame for giving charge sheet. Can the Bank withhold my promotions & annual increment kept in abeyance.

Thanks

Dinesh Sharma

9413398026

Rathindra   22 January 2017 at 22:05

False 498A case

Dear Sir / Madam,
At the outset, I would like to put forward briefly the background of my case, before I seek answers to my queries.

Background of the case:

1. After all efforts failed to salvage my marital life, I filed divorce petition against my wife at district court, Jorhat (Assam) in February, 2014 on grounds of cruelty and adulturious indulgence.

2. Ours was a marriage based on matrimonial alliance, courtesy: Ananda Bazaar Patrika. I work as Principal of a Central Govt. school that takes me to all parts of India. My parents or any of her in-laws never lived together or in our close vicinity. She too had'nt lived either. Since our marriage, which was solemnized in January 2008, she wilfully started neglecting her marital duties and created tantrums over trivial domestic issues. She was violent & abusive towards me, not even sparing my old parents and her in-laws. We were blessed with a girl child (now 7 yrs) in December, 2009. Sadly, in spite of taking full care of my wife, her misconduct & and intolerable behaviour inflicted tremendous sufferings on me. She would torment me by attempting suicide and killing my daughter. I had even discovered evidences against her illicit involvement. Her cruel treatment, adulturious indulgence & unreasonable material demands and impulsive spending spree left me physically, mentally & financially exhausted. After failing to endure any more sufferings & cruel treatment, I, accompanied with substantial proof in digital format, visited Sadar Police Station, Jorhat (Assam) in January, 2014 and registered a diary against her misdeeds.

3. After my filing of divorce petition, she lodged an FIR u/s 498A, et al, 6 months later in August 2014 at her parental home (in Rupnarayanpur, West Bengal) and falsely implicated me & my parents. Fearing police custody, we surrendered before hon'ble Addl. CJM Asansol & were granted bail in October, 2014.

4. As regards my divorce petition, the respondent wilfully disobeyed court notice & never appeared before Jorhat Court for hearing. On June, 2015, Hon'ble ADJM, Jorhat passed an order for exparte divorce decree. But, before the order was passed in writing, a letter from SCLSC, New Delhi arrived in the late afternoon of 25 June, 2015. Unfortunately, the exparte order on my divorce case was kept in abeyance till further orders by SC.

5. Meanwhile, my wife filed case for maintenance in Asansol court & divorce transfer petition in SC.

6. Eventually, Asansol court passed order for interim maintenance till the proceedings of case u/s 498A, et al, continues. The trial & litigation on 498A is in process and the petitioner has failed to testify / prove every allegations mentioned in the chargesheet.

7. The divorce transfer petition u/s 25 C. P. C. is yet to be listed & heard in SC.

Till now three years have passed and long judicial procedures are yet to dispose justice or rendered respite of any sort. I am currently shouldering the burden of false 498A, Sec.125 for maintenance and my pending exparte order on divorce petition. I haven't met my 7 year old daughter for the past three years as she is in my wife's custody. I am denied the right to bring up my biological child in a conducive environment who is very much part of my whole being. All these life's vicissitudes have embittered my present and left my future bleak. Nevertheless, my old ailing parents are suffering equally.

Now, I would like to put before you my following queries :

1. What strategies should be taken to expedite the dismissal of the 498A case & quashing of the F. I. R.?

2. Are there any provisions for the acquittal of senior citizens who have been made accused without any police investigation or substantial proof against them?

3. What measures should be taken to counter file case against filing false case in the court?

4. What strong grounds can be argued during litigation to nullify the claim for maintenance /alimony? (The claimant is PG & professionally qualified in dance)

5. What are the sections under law to protect the rights of a father in claiming custody for his child's better future.

6. What valid points can be raised in opposing the transfer of my divorce case from Jorhat to Asansol as filed by the petitioner in SC?

7. What provisions are there in the Law of the Land to expedite the disposal of justice in a case of outrightly manipulated & concocted allegations.

8. Although the tilt of justice towards women in 498A case is hitherto known, can we expect the court to be gender neutral in my case?

Looking forward to your prompt response & prudent advice.

Regards,
R. N. Sarkar









haritha   22 January 2017 at 19:11

Sureties- ab

An FIR is filed on me & my family members (total 4) on 448,323, 506(1), TNWoman harsmnt 4. We applied & got AB.
The AB says
1. Each petitioner shall execute a bond for rs.10,000/- with two sureties each for a like sum to the satisfaction of the said magistrate.


Question 1: What is accepted as this Bond? Do I need to submit a stamp paper of 10k worth for each?
Qu2: & For the 2 sureties , is it mandatory to bring one blood related surety for this?
Qu3 : I was said 2 sureties should bring ration card original. Will the court / police station hold the Original ration card? or will they hold only xerox of it?
Qu4: If I am submitting RC book, when can i expect it get it back?

Ajit Kumar Panda   22 January 2017 at 18:28

School under Soleproprietership

Dear Sir/Madam,

Shall a pre-school be opened as a sole proprieter?

Thanks,
Ajit Kumar.