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Sk Rajjak Hossain   28 November 2018 at 23:32

Special suggestion required

Dear Exparts,
Need your valuable updates on below matter.
I have facing somany cases like as...
From wife side :-
498A/Bail cancellation/MR125/DV/CR execution / Divorce.
Status of cases :-
498:- No movement happening since 2016 to till the time as record not available at CJM court. Charge not setup yet.
Bail Cancellation :- Notice not served since 2016 to till the time.
MR 125:- Is in evidence stage since 2017 to till the time.
DV :- Final hearing stage since 2017 to till the time. She has not come on date.
Divorce :- Case has been withdrawn by the pititioner within 15days from the case filed.
Execution for interim order :- Unable for provide any interim order copy since 2016 to till the time, and court has passed strict order as 1st serve the order copy then court will decide the matter. Still failed.

From My side ----
RCR /ACT VIII gurdian and ward act for 6 years baby girl.

Status of case :-
RCR - is in expart stage as she has not attend single date.
ACT VIII :- Wife not attend on 1st date after got the notice. Order got for paper publication for appearance in court, if failed then case will go for expart stage.

Now point is that ....
1) She has not come on date and her Advocate has submit her haziran and time petition.
If it will be proved that her advocate has managed and submit her hazria where part is not present in court then what will happend.
Kindly share inputs.

munshilal   24 November 2018 at 08:33

"barred" under law

Dear experts kindly read the following-- as i wish to understand--why the PoA has been rejected by the court.

Subhash Chandra had on November 17, 2016 moved the court through a power of attorney to Gulshan Kumar Sachdeva, seeking prosecution of Mr Kejriwal for allegedly defaming him by levelling false allegations in the wake of demonetisation
A Delhi court on Saturday discharged chief minister Arvind Kejriwal in a defamation complaint filed by Rajya Sabha Member of Parliament or MP Subhash Chandra, saying Mr Chandra had not followed proper procedure while filing his plea.Additional Chief Metropolitan

Magistrate Samar Vishal granted the relief to the Aam Aadmi Party chief, noting that Mr Chandra had filed the complaint through a power of attorney which is "barred" under law.

The court said that Mr Chandra was at liberty to file a fresh complaint in accordance with law."Hence proceeding further with this case will be a futile exercise as this case is also filed through power of attorney. Accordingly the accused Arvind Kejriwal is discharged from this case," the court said.




Radha   19 November 2018 at 02:40

Notice period

I m Delhi govt employee..I HV completed my probation period...in service from 2014...now I HV selected on ESIC on same post under central govt...is there any notice period....my employer asked me to serve three month notice period... I HV not time to serve this...and want instant resignation... employer asking me to pay three month salary..jbki sevice rules notice period ke bare mei silent hai....kya mujhe 3 month salary pay Karni Chahiye

Sk Rajjak Hossain   17 November 2018 at 23:43

Child Custody

Dear Sir,
Need your suggestion on below matter.
On may 2016 Wife filed 498a, DV, 125, bail cancellation and on march 2018 Divorce case against me. All these case stand in my my favour. No movement on 498 Case due to non available of main record as the same is in district court for hearing of Bail cancellation but since 2016 to till the time single notice has not come to us as well as OP not appearing on this case.
On DV case she has failed to prove the allegations and also not appearing infront of court since 2017 to till the time,
On 125 case she has not attending on date since 2017 to till the time.
On divorce case post filed within 15 days she has withdrawn the case i hve got the certified copy of this case.
On july 2018 i have filed child custody case, wife has received the notice and acknowledgement has come on record. Judge has suggested for news paper publication and after 30days gap she also failed to attened on court. Now this custody case is in under expart stage.
Now my question is that.....
1) should i get the expart order infavour of mine.
2) should i get the custody of my baby her age is now 6yrs.
Kindly suggest.

Saad Rahaman   23 October 2018 at 16:01

Full settlement is not including my variable pay

I worked for a tyrant. Started in Jan 2018 and quit in Aug 2018. I had a basic salary which was split in three. A basic given to me monthly, a part of the salary was given on quarterly basis as a variable pay and another vairable pay to be given to me at as annual which was also counted monthly.
Now I�ve quit and when I asked for the rest of variable pay which was mentioned in my contract the ex boss says he won�t as it supposed to be give at the end of the year and I didn�t not complete it and also the one part of my quarterly pay also is pending which he says I am not eligible for it
How far is he right ? Can I take any legal action against him ? Please advise as the amount is fairly good and I wouldn�t want to walk away from what is right fullly mine

Neeraj Jha   23 October 2018 at 14:22

Not present in quashing case, bailable warrant issued

Dear experts,

My mother filed a DV case against my wife in lower court, and my wife filed quashing case in Session court.

Notices was serviced through lower court direction but in the first date of quashing my mother's lawyer missed the information and my mother/lawyer could not reach to court which result the court issued bailable warrants against my mother, now the next hearing after 2 months.

Can police knock out door till the next hearing held??

How we can avoid arrest now?, and where we should approach for that?

Akashi   20 October 2018 at 21:30

Transfer fees

Hi,I bought one flat 2 years back .In sale agreement there was one clause stating clearly "seller is liable to pay any maintaince dues,electricity and transfer fees to society".After we entered our new home ,Builder left society and we came to know that he handed all reponsiblity of society to a local man who reside in our society and is also a agent.
After few months ,That guy started managing responsiblity of society like water ,maintenance other stuffs.He also starting selling flats that were unsold before builder left.
Now he is demanding transfer fees from us.What should i do in this case.I had already showed him my sale agreemnet that seller is liable to pay transfer fees because we had that in clause of agreement.Seller is no more in this city and neither he is picking call.What legal actions should i do because that guy whom builder had handed over society is threatening to stop our water faclities. even if i am paying maintenence fess of society from last 2 years.
Please solve my problem with legal solution
1.Am i eligible to pay transfer Fees?
2.If yes then whom should i pay,Builder is nowhere and that guy dont have any proof of his position if he is chairman or secretary
3.If the seller is liable to pay and he is not available what should i do
4.Guy is threatening to stop our water and electricity connection can i take a legal action against him..even if i am eligible to pay transfer fees?
5.What documents should i demand to know that guy is real responsible person(chairman/secretary) of society

divyanshu   16 October 2018 at 19:09

Sarfaesi and drt

Sir,
The action under SARFAESI by the bank, against the guarantor is time-barred due to 12 years limitation? What is this time barred means -
a) An action under the SARFAESI is time-barred. or
b) The realization from the mortgaged property is time-barred.
c) What about the DRT proceeding how they recover after issuance recovery certificate?
d) Whether Bank has to return our property papers, if yes, how can we proceed?
e) If no, then what is the purpose of limitation act or the limit of 12 years?

Ref:W.P. No. 16511 (W) of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Dr. Dipankar Chakraborty
Vs.
Allahabad Bank & Ors.

Member (Account Deleted)   15 October 2018 at 20:38

Dvc cross examination

Hello Sir/Madam

my friend filed dvc case against her husband and in-laws. She filed chief affidavit around 6 months back.
She always present but all the respondents are absent , even her husband also absent and always pray for time saying wrong reasons.once chief affidavit filed , is it trial has started? During trial respondents attendance is required right? how long they can avoid cross examination of petitioner? is there any way petitioner can take any step for this?
Kindly clarify these details it would be helpful to her.
Thanks
Lavanya