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jay (executive)     22 January 2013

Multiple litigation - pls guide.vvvvv urgent

Dear Experts,
 
A case u/s 125 Cr.PC and Seciton 24 is parallely running in the same court. Even judge give me the same date. Girl had filed a false affidavit (same facts) in both cases and conceal facts from court related to her job experience and education. I have strong evidence to proof that she had filed false affidavit.

Currently we have to do argument on interim maintenance in sec 24 and i have planned to file 340 application to denied her maintenance. Please confirm to denied her maintenance from court in 125 case do i have to file another 340 with some more proof. Please guide its very urgent as after two days i have date in court.

Thanks,

Jay Singh.



Learning

 15 Replies

Tajobsindia (Senior Partner )     23 January 2013

1. Rebut her false claim first in writing and pray to Court for investigation.
2. Wait for her evidences and then file S. 340 CrPC with witness list (to call upon her employer with complete records of her employment till date) and pray for first disposing either way your S. 340 CrPC application in “interest of justice” by allowing party to do advance arguments without the need of lengthy reply / rejoinder / framing issues if any as prime facie false evidences are in front of the Court. If court dismisses your S. 340 CrPC then immediately approach Sessions Court on Law Points along with stay of trial court proceedings and call for trial court records. If Sessions Court also dismissed your appeal then approach HC without wasting time and stake your similar claims there and all along seek stay of trial court proceedings. All these Appeals needs to be done one after another.
3. In S. 340 CrPC application mention common false evidences that both interim maintenances cases suffers from and it is not necessary to file two S. 340 CrPC in two cases in one and same Court.

Rahul Kapoor (Legal Enthusiast)     23 January 2013

hello,

u can file an application praying court to initiate proceedings against her.

if she will be found guilty then will be granted zero maintenance( there are case laws on same).

maintenace will not granted in both sections.( many rulings of SC and various HC).

 

 

regards-

rahul.gogreen@gmail.com

 

Tajobsindia (Senior Partner )     23 January 2013

 

 

Originally posted by : Rahul Kapoor

 

maintenace will not granted in both sections.( many rulings of SC and various HC).

 

Can you bring just one Judgment of Hon'ble SC where it says multiple maintenance not allowed?

All that Hon'ble SC has clarified till date is on set-off one from another moreover Civil maintenance takes over quasi-criminal or criminal Maintenance that is all. This lacuna in
Law SC will never clear.

I am waiting for placing of one citation from SC here by you and not HC's as they are several I know of them..

 

Rahul Kapoor (Legal Enthusiast)     23 January 2013

Sudeep Chaudhary vs Radha Chaudhary.

in this case claims of both the parties were balanced.

Tajobsindia (Senior Partner )     23 January 2013

Mr. Rahul

I asked a very specific question. These types of citations are not what I am looking for  and this citration is early breed to what I said on set-off which in early 1990's SC came in terms of / realised and made Law on set-off one from another...... kindly re-read your own presented citation to me and do once again search n yoru database and place exact one which I asked / requested !

Thank you.

Rahul Kapoor (Legal Enthusiast)     23 January 2013

ok i will search my database and if i will find citation i will let you know.i knw there is one.

a good practising lawyer must be knowing it and clients must ask their lawyer for the specific judgement.

Tajobsindia (Senior Partner )     23 January 2013

Good, appreciated........................ BUT there is none till date as no good REFERENCE was placed before SC till date and only three so called reference (SLP) which ever got admitted in SC was cleverly turned into set-off principles as lollipop to husband’s which is law till date !.


Rahul Kapoor (Legal Enthusiast)     23 January 2013

ok 

may b i am wrong.

i request that we must stop our discussion and concentrate on queries.

:-)

Tajobsindia (Senior Partner )     23 January 2013

Originally posted by : Rahul Kapoor
  ok 

may b i am wrong.

i request that we must stop our discussion and concentrate on queries.

:-)
 

 

he he

WHY?

On each page of LCI TOP LEFT the banner says "interactive platform...........". My English teacher taught me discussion also is a part of interaction unless you donot want me to pay my regards to her coming Sept. 5th.
J  

On concentrating on queries and stopping interaction is not the theme of this legal portal and that also by giving wrong hope to a queriest if one replies and replies summarily to queries the portal gets a bad name.

In Law as per me nobody is wrong or right, it is presentation that makes a case weak or strong that is all.

My this reply to you is on cards of friendly interaction for mutual knowledge sharing and not meant to demean you in any way but I thought I should remind each other this too on lighter note…... 

Rahul Kapoor (Legal Enthusiast)     23 January 2013

its ok.

first of all this a legal platform and not a court where i am presenting my case.

i respect you thats y not arguing here and by any way its does not mean that i cant argue.

:-)

Tajobsindia (Senior Partner )     23 January 2013

Originally posted by : Rahul Kapoor
  its ok.

first of all this a legal platform and not a court where i am presenting my case.

i respect you thats y not arguing here and by any way its does not mean that i cant argue.

:-)
 

Fantastic Law School turnouts we see now-a-days in public space including Courts.

In Court when you have a case then only you will present SC judgment and when asked / requested in public forum having 2 L membership you call it respect and donot wish to argue...... I was interacting not arguing in case you donot know the difference.

I thank your Law School to turnout such splendid practitioners of Law now-a-days.

I feel ashamed that I ever ineracted with you.

God bless your practice.

Rahul Kapoor (Legal Enthusiast)     23 January 2013

thanks a lot.

same to u. 

and its my humble request stick to me only.

i feel nice that u r ( what ever your name is ) not from my school otherwise u must be different.

rajiv_lodha (zz)     23 January 2013

I dont see point to fight.

If a member has citation from SC, which he says is there.......he shud come forward & place here for the benefit of all. O'wise if it was a mistake quoting this pocession, take ur step back, NOTHING WRONG IN ADMITTING IT!

Peace

koraganjikumar (other)     24 January 2013

what rajiv_lodha is true ,  evry SC citation is useful for every one her , pl do admit it in peaceful manner , we already applauded ur experince


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