rajan chopra
29 December 2015 at 12:04
Sir in a complaint u/s 420 IPC filed by me the case is at the stage of preliminary evidance and the court has to record the oral statement of the complainant on next date.Now can I write down my statement with me and�give my statement by reading the already writting with me or I have to strate orally without reading from already written facts with me ?
Likha Tar
29 December 2015 at 10:56
Sarfaesi and cersai registration shall be register before obtain loan or it after.
Vinit
29 December 2015 at 10:46
Respected Panel,
This is to invite your kind attention that Iam a spouse member in one of the reputed Gymkhanas in Mumbai.
As a spouse member and as per the bye laws I was enjoying all the benifitial of the gymkhana except voting and attending meetings.
Just recently I was stopped getting a guest of mine in the gymkhana premises as I was told that a spouse member cannot get guests.
On going through the bye laws it clearly mentions that a spouse member shall enjoy all the facilities of membership during the tenure of the membership of the member and shall be allowed to play any particular game on payment of the departmental fees fixed by the management committee from time to time.
They (spouse of the member) shall however no right to participate and vote nominate or contest any of the election or by election of the gymkhana or participate in the proceedings of the general body meeting.
In this case then why was I stopped from getting my guest in the gymkhana?
Please if any one could help me in this regard and oblige.
Vinit
N K Jain
29 December 2015 at 10:45
Please advise what are Registration and Stamp duty (if any) charges for Family settlement deed whereby common residential property in South Delhi is divided in specific parts among brother and sisters
N K Jain
29 December 2015 at 10:41
Please advise what are Registration and Stamp duty (if any) charges for Family settlement deed in respect of common residential property in South Delhi.
SRINIVAS KOTAMMRRI
29 December 2015 at 02:50
My father is having an ancestral house. My self and my wife is living separately for the last 6 years. My wife filed partition suit on behalf of my minor son for 50% of my share in the ancestral house. My share in the ancestral property amounts to Rs.8,00,000. She is claiming 50 % of 8 Lakhs i.e. Rs.4 Lakhs.
I have taken loan Rs.5,00,000/- in the year 2009 from my father when my self along with my son lived together. My question is does my father can deduct Rs.5,00,000/- from my total share of Rs.8,00,000/- and can give 50 % of the remaining (i.e.50 % of Rs.3,00,000/-)share to my son or not.
Please clarify
SRIDHAR
Sir,
My grand father purchased the above house. Hence I called it's as ancestral.
Thanks
SRIDHAR
Reformist !!!
29 December 2015 at 01:41
Hi Experts,
DV Case filed against me and my mother was Dismissed in default by the Hon'ble court by Court X.
After that, my wife changed her lawyer and new lawyer filed for restoration of the case and the same was assigned to Court Y, which was also eventually dismissed by the Court Y after 10 months of filing of restoration application and court quoted that restoration application is not maintainable. No reasons were recorded by the Hon'ble judge other than just writing "that restoration application is not maintainable". In restoration application she took the ground that judge of court X did not noticed them in the court and case was wrongly dismissed in default. Her lawyer's junior filed an affidavit also that he was present in the court premisis and whenever he came for case in court X, then other party i.e. we were not present. As per the Order, case was dismissed at 4.00pm but in affidavit her lawyer wrote that he was informed at 12:00pm that case has already been dismissed in default.
Anyways, after Court Y dismissed her restoration application, she filed a Combined appeal in Sessions court along with the application for Condonation of Delay under section 5 of Indian Limitation act.
Here Combined appeal means--> Appeal for Restoration application dismissed by the Trial court Y and appeal for dismissing the DV complaint in default of appearance by the court X earlier.
Sessions court has already condoned her application after imposing Rs 1500/- fine which she has already submitted.
Now i have a date where the COMBINED appeal is listed for arguments. My queries are:-
1. Can i file a reply in sessions court under any procedure? I want to file reply but my lawyer says that reply cannot be filed in sessions court. Can someone share any judgment which states that reply can be filed in sessions court.
2. Can a combined appeal be filed for two different orders passed by two different courts. If anyone can send me supporting judgments where it is mentioned that combined appeal cannot be filed. Every order has to be challenged in different manner.
3. Can a Domestic violence case which has been Dismissed in default by the court reopened with its original Number. Pls share the relevant judgments if anyone can share that DV cannot be reopened if once dismissed in default.
Experts, please suggest if anything comes up in your mind regarding my queries.
Regards,
rajan chopra
29 December 2015 at 01:05
Sir as I have to file a suit for recovery in person and affidavit in sopport of plaint has to be attached and when I approached the oath commissioner to attest the affidavit he told me that you should be identified by a lawyer who is also known to me otherwise he will not attest the affidavit.Now can I prove my identity before oath commisioner by producing my voater card or driving licence or any other proof of my identification ?
Tripathi
28 December 2015 at 23:48
Dear Sirs,
We are filing a petition in the High Court under section 482 of Cr.PC to quash the FIR filed by our neighbor under sections 509 / 506 / 354 (c), 354 (d) against my husband.
1. While filing the quashing petition, is it mandatory for us to summon the complainant also ?
2. Can't we make the quashing petition as State Vs my husband only?
3. Is it necessary to get the status report first from the lower court before filing the quashing petition in the high court?
4. We have strong evidence to highlight from the MCD website that the ex police official is a habitual offender of illegal constructions elsewhere in Delhi. His name is published in the list of illegally constructed buildings. Will that help us in the high court?
5. We also have strong evidence that during the day of the said incident menioned in the FIR, my husband was not at all in the home but elsewhere in Delhi. Will that help us in the court?
The complainant is a retired police officer and made illegal construction. The civil court awarded in our favor by passing order for demolition and during the civil proceedings he has filed the FIR using his clout. The demolition is yet to be completed and the FIR has been filed to prevent us from filing the execution petition.
Though, it is more than five months since the FIR is filed, not even once the police called my husband. On our own when we met the IO, he states that there is nothing to worry and no evidence is found. He also says that he is aware of the demolition issue. He also states that when a compliant is made he is duty bound to register the FIR.
However, we decided to approach the High Court for quashing the FIR since it is a sword on our head. Moreover, we plan to file the execution petition also.
Kindly advise.
With regards,
Mrs.Raj Gupta
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