adv. rajeev ( rajoo )'s Expert Profile

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Megha says : case of cheating
hello sir i have a case i need to discuss in private. if u are willing to help, please PM me

Latha says : Need Information
Hi, This is Latha. I got married on 28th May, 2011. We both are software engineers and living in Mumbai.Basically, we are from Andhra Pradesh. After my marriage, my husband and his family members harrassed me for dowry and property. So, I filed a 498A case against them in AP in the month of Feb,2012. After two days, they compromised and took me back to mumbai. From Feb to May, we were living happily. But, my husband is not talking with my parents and his parents also not talking to me. Now, they started to harrasing me to withdraw the case and he left me at my parents place, saying that he will take me back, when I close the case. Now, he got the bail also. One week back, I came to Mumbai and staying in PG to go to my office. Please help me, what I need to do in this situation. Regards, Latha.

ashok verma says : disowning an adult unmarried daughter
Suggestion needed on possible legal remedies! The daughter is torturing, pressuring while being at home so that parents give her 5 lakh rupees amount and leave. She never listens to parents, talk to multiple guys late night, will go and come as per her convenience and do torturous thing at home for all family members. When her brother tried to stop her once, she called police saying that brother tried to killed him. There is no denying that she might arrange some goons to get beaten and then blame it on brother to get arrested. She has failed in class 12th 8 times and is a complete failure and criminal. The parents are completely helpless once the brother leave for job as they will be left with a younger daughter in class 8th and this girl. So they want to have some legal full proof solution as soon as possible. Can they disown her from every property so that they may threaten her to be in line by showing that she has no right and she is living on their mercy at this home. By disowing, she cannot also call police to claim how her parents are torturing her from her righteous claims. Also after disowing if she does any material damage to house, she can be dealt more strictly. Even though father self earned property is almost zero, whole of grand father property has the name of their sons only i.e. four brothers and none of the grand childrens. Please suggest the best possible legal remedy. She has to be dealt legally as she has crossed all limits and is seeing her parents only as cash cow.

vinu says : Professional negligence
Sir, I am some guidance on the above mentioned subject. The facts are as under:- One complaint against one of my colleague advocate is made regarding professional negligence u/s 35 of the Advocates Act. He is practicing before the School Tribunal established under the Maharashtra Employees of Private Schools Act, 1977. Under the said act when an employee of a school performs any misconduct an enquiry is to be made as per the M.E.P.S. Rules by constituting enquiry committee. The employee has right to file appeal u/s 9 of the said act before Hon'ble School tribunal. These are the facts regarding the said act. Now one Clerk was found guilty of misconduct of non submitting the fees to the educational board of the S.S.C. and H.S.C. students. and hence the Education society after following proper procedure gave opportunity to the employee and enquiry against that clerk was conducte where she was found guilty and hence she was terminated from the service. Being aggrieved and dissatisfied by the same she approached the Hon'ble School Tribunal u/s 9 of the said Act. 2. When an employee other than Head MAster of the School approaches the Tribunal it is necessary to make the President, the Head Master and the Education Officer of the said area as the party to the proceedings. My colleague advocate filed vakalatnama on behalf of the respondent no. 1 and 2 that is the President and Head Master of the educational Institution. The said matter was heard on merit and the Tribunal was pleased to dismiss the appeal of the said clerk and thus her services were also terminated. The interesting thing happened here was that the tribunal held the res.no. 2 i.e. the principal also liable for her negligence as adminstrative head and gave directions to the Education department authorities to take proper action against her. 3. VIMP:_Very important thing here to be mentioned is that while taking initial action by sending notice to the clerk the educational institute also sent notice to the Res. no. 2 i.e. the Head Master also but no further action was taken against her as the clerk's matter was pending. 4. Thus after the disposal of clerks matter the Educational institute now concentrated on the misconduct of Res. no. 2 i,e, the Head master as he was also liable for the loss being an administrative head. Consequently enquiry proceedings were constituted against him also. But the The res. no. 2 i.e. hEad master has challenged the enquiry proceeding as that its committee is illegally constituted before the Civil Judge SeniorDivision where her Ex-5 was rejected and thus she further appealed to ADJudge to sake relief against the order passed by the CJsenior devision. 5. Now the the thing is that my colleague advocate filed vakalatnama on behalf of the Res. no. 1 i.e. the educaitonal institute against the Head Master before Civil Judge Senior division as he approached against the Educational institute regarding the illegality of enquiry committee. 6. So the present situation is that the Head master has taken stand that as the Adovcate has acted on his behalf in the matter regarding the clerk as discussed above he cannot file vakalatnama against him before the Civil Judge Senior Division. My Question is that has my colleague advocate committed any misconduct by filing vakalatnama on behalf of the education institute in the matter before Civil Judge Senior Division which is a different matter though related?

NONUDI KUNTI says : understanding of section 9
Respected Sir, I had filed a case of section 9 after filing DV and 498A. Now the proceedings of 498A have an added section of 313 IPC as the MM took cognizance of the said offence from my FIR. We had plenty of failed meditations for all the aforesaid cases except in the case of DV. NOW, my husband had said in the open Court during the hearing of Sec 9 after a failed mediation that he does not want to keep me with him at all. Further he is not ready to file for any divorce as well since the Judge asked him what steps are you taking if you do not want to keep your wife with you since she has filed for sec 9 and that implies that she still wants to live with you. He had no reply to this. Further, I wanted to know that after this failed mediation the Judge had made me understand that if your husband does not want to keep you than no one can force him to do so, further he suggested that I should also think about my future and not press for this application as even if he will pass the orders in my favor my husband will not execute the orders. Therefore I'm in a fix as whether I should withdraw my sec 9 now as it is at the stage of my evidence and cross or should I wait for the dismissal of sec 9. What do you think can happen if my case of sec 9 is dismissed pls reply in details. thanks and regards. KUNTI

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