Jalaj
28 November 2020 at 12:50
My wife failed a maintenance case U/s CrPC 125 in July 2016 in which JM ordered a interim maintenance of Rs. 15000 per month for both my wife and child. I was paying the interim maintenance regularly as per order. Unfortunately my wife was not appearing to give her evidence as soon as the interim maintenance order was passed. She dragged the CrPC 125 without giving evidence till 2018. Even she did not appear after showcause by JM and therefore the case was dismissed on default on 30.04.2018. Thereafter my wife approached the same JM court for revival of the case, but was rejected. Hence she appeared high court U/s 401 read with 482 for the revival of the CrPC 125 case. But the Hon'ble HC observed that "The application under section 125 of the Code of Criminal Procedure stands revived to its file and number" due to the reason that the case was dismissed NOT ON MERIT. Now my wife has filed a maintenance execution petition U/s CrPC 125(3) to claim Rs. 3,50,000 from the original date of dismissal (30.04.2018) till today. Under the above circumstances, I have following queries:
(1) The case stands revived to its file and number - Does it mean that she is entitled to claim interim maintenance from the original date of dismissal 30.04.2018 OR from the order date of high court 12.12.2019??
(2) Is there any chance that I may get any relief if I go for review of the high court order in High court or supreme court so that this arrear of interim maintenance can be waived off??
(3) The date of high court order is 12.12.2019. Can I go for review or challenge it in appellate court now? Is there any time limitation? It was a CRR case.
(4) I filed a Perjury application in the original CrPC 125 case because my wife filed the maintenance case hiding the fact that I was sending her Rs. 15000 to her bank account online every month even without any court order. But JM passed interim maintenance order without considering the perjury application. Is it justifiable legally?
(5) Generally what may the final maintenance amount, as my interim order is Rs. 15000? When the interim hearing was done 2 years ago, my salary was Rs. 70000, now after 2 years my salary is Rs. 1 lakh per month.
Kindly give your valuable feedback to my queries separately serial wise for my better understanding and correlation.
umesh HALKAR
28 November 2020 at 12:03
Sir,
I have filled RFA at High court as defender for recovery of advance amount paid.
Now already one year over no hearing on stay order against Trial court decree.
Shall I reminded once again as Vacate application .
Regards
NeelRVYahoo
27 November 2020 at 19:11
Sirji,
I have one inlet of 0.5" inch connection in kitchen from main pipe line as per society has given to all flat. Every day society gives us 1 hour water supply and then closes this supply.
I have not done any additional connection from main pipe line. Hence, I will get same water amount and for 1 hour as all flats gets.
I have to put a rubber pipe from kitchen to bathroom 300ltr tank for the use of bathroom and toilet. for that my father(Age69)/me have to take chair to put pipe into tank. So, to avoid any accidents if chair falls, i added a T pipe in my kitchen and done piping till bathroom tank.
HOUSING SOCIETY said, saying that i have done double tapping and alterations done. You will have to remove that.
My thinking is that, I have only one 0.5inch connections and I have not done any alterations to main society's pipe line/layout. I have done internal piping to take water to bathroom and toilet.
Point:There will be same water supply to all flat owners with same timing. Any matter that I have done additional tapping/inlets unlawful!!!...
Anonymous
27 November 2020 at 18:34
Could a landlord stop water supply, legally, in case the tenant 'disappears suddenly' and sublets the premises, without the consent of the landlord ? The jurisdiction is in Kolkata, West Bengal.
Himesh Kumar
27 November 2020 at 18:06
Can we buy a site with out a mother deed or root deed of z site.But the same parallel sites are registered and banks have sanctioned loans for same property .All who related to partition of this site are ready to transfer to my name.only thing is mother deed is missing .kindly advice .
abhijit majumder
27 November 2020 at 16:29
To
The respected and senior experts
One Company(Fisheries Development Corp Ltd) Merged with State Fisheries Dev Corp Ltd(SFDC Ltd) on 10.10.2019.
Fisheries Development Corp Ltd)(FDC Ltd) have 100 employees whose Provident Fund Account maintained under FDC Ltd.
Now after merger as FDC Ltd.dissolved without liquidation, as per scheme of merger all those 100 employees of FDC Ltd. will be the employees of SFDC ltd. So from the date of merger their employer is SFDC Ltd.
But when we visited to Regional Provident Fund office they simply refused to accept court order on merger. And states that all those employees have to submit Form 13(change of company by the employees)..
My 1st query before the expert(s) is " As the scheme of merger states on and from the date of merger all the employees of transferor Company will be treated as employees of transferee company without any further action then why employees will have to submit Form 13?
My 2nd query is can we move to Provident Fund head Office at New Delhi
Placed for your kind opinion and suggestion.
Abhijit Majumder
9831660072
MAHABIR JHA
27 November 2020 at 13:39
In my educational qualification my father's name written Tej narayan jha and in my adhar card, pan card and voter card father's name is Tejnarayan jha.
No spelling mistake!!!
It can create any problems in Govt job.
Anonymous
27 November 2020 at 09:58
Dear Sir,
Greetings. Mine is a Proprietary Company. I have availed a Term Loan of Rs. 20L & a CC of Rs. 20 L from a nationalised bank in the month of August 2018 & the entire loan is covered under CGTSME which is still in force & the premium is being paid by us for the same.
I have been running a restaurant. My business is now shut since beginning of Covid -19 from April 2020 .
Prior to this, I had taken 2 similar loans , for a period of 5 years, which were prepaid much before time
I had been servicing this loan till February 2019 not allowing it to slip to NPA. Even now the loan is still not declared as NPA since the bank has given me a moratorium of 6 months from October 20th, 2020 onwards. I am unable to continue the business since the same is not viable any more.
Under the circumstance, the bank may have to declare me an NPA . When the loan is covered under CGTSME,
1) Can the bank recover the same from me even though there has been a genuine business loss?
2) Can the bank lay claim on any assets possessed by me but not procured from these funds availed from it?
Please note that there is no collateral given by me to the bank for the abovementioned loan.
Warm regards,
C N SURESH BABU
27 November 2020 at 00:37
Sir,
General Manager is the disciplinary authority whether vigilance department authority can approach higher authorities like executive director, Managing director for disciplinary against employee to is issue charge sheet and appoint enquiry officer etc
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Will deed as per section 30 of hindu sucession act 1956
respected sir
only question can a father in a joint family can make a will deed of entire ancestral joint family properties or only to the extent of his share in joint family property?
Radhamma vs H.N. Muddukrishna decision on 23 January, 2019 of supreme court says only undivided share can only be willed away
while Sham Lal alias Kuldip versus Sanjeev Kumar and others (2009) 12 SCC 454 says entire entire ancestral property can be willed away
is Sham Lal alias Kuldip versus Sanjeev Kumar and others (2009) 12 SCC 454 is over ruled ?
Please guide me sir
please guide sir