Reformist !!!
04 October 2017 at 12:29
Dear All,
Can anyone tell me what is the time duration of saving a scanned copy of Voter Card Form (applied for getting a new Voter Card).
Does election department saves the hard copy of the forms with themselves or destroy it ?
Or they scan the copy and upload the same and keep it with them?
Pl. guide me.
Anonymous
02 October 2017 at 07:28
Dear All Experts,
My wife did a forgery in admission form of her daughter. She was earlier married to someone and had a daughter from that marriage. V married in 2008 and the admission form is of 2007. She was working in same school before getting married with me. In the column of Father's name, she mentioned the name of biological father in 2007 (when she filled the form). After that, she got married with me in 2008 and then she applied the Fluid/Whitener on the Admission form on Father's name column and filled my name in it. Now, the form has been signed in the date of 2007 and i got married in 2008. Do you think this is a a case of forgery and cheating, as the same was done without intimation to me and without my permission. She has not used this form anywhere till date, but she has asked for maintenance of the kid from me in court.
I filed a complaint with SSP of the area to register a case with the above facts. The complaint was marked to SHO and he has closed the complaint without even asking me to join the investigation and without even informing me anything about the status of complaint. I got to know about the closure of complaint when i called the SHO myself and then he asked me to come to Police station and after visiting the PS, i got to know that it has been closed.
My Queries are:-
1. Is the SHO right in not even calling/informing me about the status of complaint?
2. Does the acts stated above are enough to register a case of forgery and cheating?
3. SHO did not even inform me anything abt the status of complaint, neither he called me nor he asked me to join the investigation and just closed it without informing me.
4. I also got to know that other party influenced the case and got it closed. Informed to me a local policeman posted in that PS.
Please reply me and guide me accordingly.
Thanks in advance.
Reformist !!!
06 April 2017 at 23:30
Dear Experts,
She filed an appeal in sessions court after me and my family got acquitted from trial court in 498a/406.
The Hon'ble judge of lower court observed 8-9 false allegations and termed them clearly false in the judgment, as i gave documentry evidences of the same.
Now my query is:-
1. As she has preferred an appeal in sessions court . Whether she has a right to file an appeal in individual capacity as State has chosen not to file an appeal in my case.
2. Did she need to get leave from the court 1st so as to get her appeal heard or not?
3. She also made State as a respondent. I am unable to understand why she has made state as a respondent.
4. She took 7-8 grounds of appeal in which almost 6 grounds are a new story now, which has never been stated earlier in FIR,Chief,161 statements and not even anywhere in her cross-examination. Can you pl. share some judgments to get this dismissed being non maintainable, as she is going out of the pleadings again.
5. Rest 2-3 grounds have story changed i.e. she has changed version of story in these rest of the grounds.
Overall, all grounds are out of lower court proceedings. Pl. guide what all i should do.
Thanx in advance.
Reformist !!!
28 May 2016 at 01:06
Dear Experts,
Can i gift deed my property to my mother?
What is the better option --> Gift Deed to mother, transfer the property to her name or registration on her name.
My another query is can my wife challenge this transfer/gift deed/registration in court and can court revoke any such transfer or gift deed or registration?
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,
Reformist !!!
03 March 2015 at 22:21
Hi Experts,
An appeal was filed by our OP in State Commission which has been dismissed in initial stages without even sending notice to us.
The appeal was dismissed in default due to his non absence. Moreover he took the stand that he never received the copy of final order of District forum, but district forum sent their report to state commission that their service was completed and OP was delivered the order already.
Now Judge in district forum is delaying the case unnecessarily. My question is how to proceed fast and whether OP can ask for restoration of case in State commission and if yes then how much is the time limit for restoration of case.
Please guide.
Reformist !!!
05 February 2015 at 16:25
Hi Experts,
We won our case in District Forum ex-parte, although other party appeared on 1 date and 1 lawyer filed memo on one date for OP. But no one came thereafter and the case was allowed in our favor ex-parte.
After waiting for 3 months for the payment, we filed execution under section 27 of Consumer protection act. Bit from last 6 months, judge is adjourning the proceedings of execution on the pretext that the OP has filed appeal in State Commission.
Actually, OP has filed the appeal in state commission after 6 months of final order in district forum. The appeal is not yet admitted. OP has taken the plea in State commission that the final order of district forum was not received by him and someone else used his office stamp and did the signature of receiving. State Commission has marked an enquiry to District forum for the same.
The Hon'ble Judge is adjourning the execution proceedings on the pretext that the appeal has been filed by OP although appeal has not been admitted yet.
Pl. guide what can be done and let me know if there is any citation or judgment from National commission or supreme court that execution proceedings can' t be adjourned unnecessarily unless there is any stay from State commission.
Pl. guide me
Reformist !!!
18 December 2014 at 21:25
Hi Experts, In one of the consumer court cases, the OP party lawyer did not appeared in the District forum after filing the memo on 1 date and then the case was allowed in our favor ex-parte. After that we filed Execution in Sec 27 of Consumer Protection act. Then opposite party appeared on 1 date and plead with a Miscellaneous application that they did not received the final order from the court and they only got it after they applied the certified copy in the registry of the Forum.
In Actual, we have examined/inspected the court file which clearly shows the stamp of opposite party's office on the final order receiving. And even after receiving the copy of final order through Court via Dasti, he delayed the proceedings in Execution case and applied for the final order copy after 2 months(2 dates) of receiving the summon for Execution Petition. Meanwhile, he is trying to approach State Commission against the ex-parte order. Please guide me, what shall i do as he has filed the Miscellaneous application to stay the Execution case till he applies in State commission.
Also, let me know if there is any Judgment from the National Commission or Apex court that if opposite party lawyer does not appear in a case then complainant should not suffer because of his negligence.
Urgent reply is appreciated...
Thanks in Advance.
Reformist !!!
14 August 2014 at 15:16
Hi Experts,
I am planning to file an execution U/S 25 and 27 of Consumer Act for enforcement of an order passed by the District Redressal forum.
I made an application under sec 25 and 27, but the reader in District forum is saying to include only section 27 of Consumer protection act in execution petition, so that the other party pays my money in a rapid manner because of fear of arrest.
My query is if i file u/s 27 and draft my prayer as per section 27 of CP act then judge may issue warrant and in that case will he be able to take BAIL or stay for Arrest from State or National Commission ?. Pls guide me on this point.
Other query is if i do not include sec 25 and files under 27 only, then will judge be able to pass recovery orders after selling Opposite party's property/bank accounts ?
Pls. guide me how shall i proceed i.e. should i include both the sections in same application or not.
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Certified copies obtained illegaly
Hi Experts,
I have filed a criminal complaint u/s 200 against a person in court X in District X. I summoned some record in the same court and some documents were exhibited by the witness regarding the same.
The opposite party who is not even summoned yet in the above mentioned case, used one of the document (only 2 pages) in exhibits in some other case in court Y (District Y) where he has filed case on me. I have already been summoned in this case and during his evidence he has exhibited only 2 pages of that particular exhibit (which is in actual total 6 pages) and rest 4 pages he has not exhibited.
Now my query is:-
1. Can he get the certified copies from the court where he is not even summoned yet i.e. court has not taken any cognizance against him yet?
2. Can he exhibit 2 pages out of 6 pages of the document exhibited in court Y, which he has obtained from the copy branch of court X (District X).
In my opinion, these are obtained in connivance with court staff.
Pl. guide me what shall i do.