Ans :
Dear Sir,
If it is not registered then there will be no problem. However in either case existence of earlier sale agreement and cancellation thereof shall be mentioned in the second agreement to avoid future complications.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Indian Laws are very smart towards married woman. Ask your sister to file multiple cases.
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Ans :
Dear Sir,
You have to engage highly experienced advocate otherwise it will ended in conviction in normal Courts of practice.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You have to engage highly experienced advocate otherwise it will ended in conviction in normal Courts of practice.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
It can be divided on the following rule of law.
==========================================================
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
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Ans :
Dear Sir,
Perjury can be raised at any stage of the proceeding. The earlier is the better.
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Ans :
Dear Sir,
Usually your father’s brother’s son make a issue unless your father has all documents in respect of such expenditure.
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Ans :
Dear Sir,
Yes, you can sell it with the proposal condition so that you will be in the safer zone.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Yes, you can sell it with the proposal condition so that you will be in the safer zone.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Yes, you can sell it with the proposal condition so that you will be in the safer zone.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You can built the same if does not effect the structures of neighboring people.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You can built the same if does not effect the structures of neighboring people.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You can built the same if does not effect the structures of neighboring people.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You have to discuss several points before issuing such statements which may lead to filing of civil and criminal cases of defamation against you.
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Ans :
Dear Sir,
You have to discuss several points before issuing such statements which may lead to filing of civil and criminal cases of defamation against you.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You have to discuss several points before issuing such statements which may lead to filing of civil and criminal cases of defamation against you.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You have to discuss several points before issuing such statements which may lead to filing of civil and criminal cases of defamation against you.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
As replied earlier..
Ans :
As replied earlier..
Ans :
Not interested...
Ans :
Dear Sir,
No adult child have any right over the self acquired properties of parents. However if your father dies without disposing of his properties then you can claim your legal share irrespective of your inter-caste marriage.
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Ans :
Dear Sir,
You cannot use such instruments which may cause accidents.
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Ans :
Dear Sir,
You cannot use such instruments which may cause accidents.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You cannot use such instruments which may cause accidents.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must always rely upon guidance of auditor/CA.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
The muscle man of Bank cannot harass you as per following judgment. Please share more details with me for preparing draft legal notice to the concerned.
==========================================================================================
ICCI Bank Limited vs. Prakash Kaur case,
The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.
ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."
"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.
The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.
Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.
The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.
Keep these rules in mind while facing a loan recovery agent
Know the facts
Banks may have an in-house collection department or they may outsource the job to a third-party collection agency. Keep in mind that no bank likes non-performing assets, or bad debts, on their balance sheet. A debt becomes bad when it’s not paid for three consecutive months.
“Usually if the debt is unpaid for a month, the collection team sends reminders or calls up the customer for recovery. However, the delay in payment could just be an oversight on the borrower’s part,” said a senior banker with a private sector bank, who did not want to be named. “But when the debt becomes 90 days overdue, we initiate recovery agent visits.”
This, however, depends on a bank’s policy.
In case you are unable to repay on time, it’s best to tell the bank about your situation. If you have a genuine reason, the bank may be willing to work towards a solution. This also depends on the bank’s policy.
“A credit card debt can be easily converted into an EMI instead of total loan outstanding amount,” said the senior banker cited above. “The bank may even restructure a loan in some cases. Of course, this also depends on your past payment record.”
Handling agents
Keep in mind that at times recovery agents have big targets to achieve and may also have incentives linked to the number and volume of collection. So they are a motivated lot and handling them isn’t easy.
Know the rules: You, as a debtor, have certain rights. Knowing those rights will help you handle a recovery agent.
Identity: You can ask the recover agents to show their identity cards issued by the bank or under the authority of the bank.
Privacy: You have a right to privacy. The recovery agent cannot discuss the debt to another person. So don’t panic if he threatens to tell neighbours or co-workers about your debt. If he does so, you can file a complaint against him with the bank.
Time: The recovery agent should contact you between 7am and 7pm. However, if your working hours or work shift does not permit this, you may be contacted beyond this time limit.
Calls: You can choose the place and time for receiving recovery calls. You can also request them to not call you at a particular place or time. For instance, if you don’t want to receive calls at work, specify the same to the agent or the bank. Keep in mind, they will respect your request only till they feel you are not avoiding them.
Decency: The recovery agent has to talk to you in a decent and civilized manner. No abusive language should be used. Also, the written communication sent by the banks should be easy to understand.
Investigation: If you file a complaint against a recovery agent, the bank needs to investigate the matter. This makes recovery agents accountable for their collection practice.
Inappropriate occasions: If there is a death in your family or any such event, you can tell the agent not to call you or make visits for a few days.
Records: Banks document the content of conversations between customers and agents along with the time and number of calls. Banks also need to keep all copies of communications sent to customers.
Disputes: If you face any dispute or differences regarding dues, seek assistance of the lender.
Seeking help
There could be various reasons for you not being able to pay instalments on time— medical conditions, job loss or a twin-income family becoming a single-income household. Macroeconomic factors such as high inflation or rising interest rates, too, can be the reasons. If the reason for non-payment is not temporary, it’s best is to approach credit counselling agencies and seek help. “We provide free credit counselling for those who are struggling to get out of debt,” said Narayanan Raja, chief executive, BCSBI.
Debt counselling agencies such as Abhay and Disha also offer such services for free. If you are uncomfortable going to these centres, you can avail counselling over telephone which also is provided without any cost.
Recourse if harassed
If you think the agent is not following any of the above mentioned rules, you should file a complaint. Raja said, “If a borrower thinks he is being harassed, he should first approach the bank, and if not satisfied by its response, he should get in touch with the banking ombudsman.”
Though rules have been laid down to assist borrowers, it is best to rework household budget and make provisions to accommodate the unseen change in the repayment amount.
The bank can sue you on defaulting the credit card payment. It cannot amount to criminal liability as it would be considered as non payment of loan which will constitute as a civil act by nature.
The Banks and Financial Institutions can lend money even without security, normally, the Banks and Financial Institutions insist for security for the repayment of loan. The fixed assets, receivables etc. can be securities acceptable to the Banks and Financial Institutions for sanctioning the loans. The loan entitlements, the procedure for sanctioning the loan, the security issues etc, are exclusively governed by the guidelines/norms issued by the Reserve Bank of India.
Loan being an agreement or understanding between the Bank and the borrower, the general laws like Law of Contract, Transfer of Property Act, Specific Relief Act, Specific Performance etc., are applicable to all banking transactions depending upon the nature of transaction. When a borrower fails to repay the money to the Bank, what the Bank can do for recovering the loan is to file a civil suit earlier.
in India the remedy available to lenders has been to file an ordinary money suit for recovery against the defaulting borrower for the outstanding amounts or to file a summary suit as provided for under Order 37 of Code of Civil Procedure 1908
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Ans :
Dear Sir,
Daughter-in-law can file Domestic Violence case against mother-in-law.
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Ans :
Dear Sir,
If you have contributed anything for the purchase of joint property then you will be entitled for return of such amount.
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Ans :
Dear Sir,
If you have contributed anything for the purchase of joint property then you will be entitled for return of such amount.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
If you have contributed anything for the purchase of joint property then you will be entitled for return of such amount.
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Ans :
Dear Sir,
If you have contributed anything for the purchase of joint property then you will be entitled for return of such amount.
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Ans :
Dear Sir,
If you have contributed anything for the purchase of joint property then you will be entitled for return of such amount.
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Ans :
Dear Sir,
Nobody can blackmail you by infringing your personal affairs, which attracts criminal offences and you can lodge a criminal complaint.
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Ans :
Dear Sir,
Nobody can blackmail you by infringing your personal affairs, which attracts criminal offences and you can lodge a criminal complaint.
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Ans :
Dear Sir,
Please put the question directly and get advise.
Ans :
Dear Sir,
You may approach SDO under the provisions of following act.
======================================================================
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
Ans :
Dear Sir,
Please consult civil advocate who is practicing in your State.
Ans :
Dear Sir,
Please consult civil advocate who is practicing in your State.
Ans :
Dear Sir,
Before taking any decision it is better to look into following problems on divorce and then take decision.
================================================================================
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. ? 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ?Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following are similar FAQs asked by my another client....for your ready reference.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Before taking any decision it is better to look into following problems on divorce and then take decision.
================================================================================
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. ? 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ?Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
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The following are similar FAQs asked by my another client....for your ready reference.
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income
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Ans :
Dear Madam,
On the following formula you are entitled to claim alimony
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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
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Ans :
Dear Sir,
From 2011 the purchase through SPA/GPA holders is banned by Hon’ble Supreme Court as follows:
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Supreme Court of India
Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr on 11 October, 2011
Author: R V Raveendran
Bench: R.V. Raveendran, A.K. Patnaik, H.L. Gokhale
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO.13917 OF 2009
Suraj Lamp & Industries Pvt. Ltd. .....Petitioner
Vs.
State of Haryana & Anr. ....Respondents
J U D G M E N T
R. V. Raveendran J.
By an earlier order dated 15.5.2009 [reported in Suraj Lamp & Industries Pvt.Ltd. vs. State of
Haryana & Anr. - 2009 (7) SCC 363], we had referred to the ill - effects of what is known as General
Power of Attorney Sales (for short `GPA Sales') or Sale Agreement/General Power of Attorney/Will
transfers (for short `SA/GPA/WILL' transfers). Both the descriptions are misnomers as there
cannot be a sale by execution of a power of attorney nor can there be a transfer by execution of an
agreement of sale and a power of attorney and will. As noticed in the earlier order, these kinds of
transactions were evolved to avoid prohibitions/conditions regarding certain transfers, to avoid
payment of stamp duty and registration charges on deeds of conveyance, to avoid payment of capital
gains on transfers, to invest unaccounted money (`black money') and to avoid payment of
`unearned increases' due to Development Authorities on transfer.
2. The modus operandi in such SA/GPA/WILL transactions is for the vendor or person claiming to
be the owner to receive the agreed consideration, deliver possession of the property to the purchaser
and execute the following documents or variations thereof:
(a) An Agreement of sale by the vendor in favour of the purchaser confirming the
Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr on 11 October, 2011
Indian Kanoon - http://indiankanoon.org/doc/1565619/ 1
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Ans :
Dear Sir/Madam,
Get file maintenance case under Section 125 of Criminal Procedure Code and pray for interim maintenance.
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Ans :
Dear Sir/Madam,
Get file maintenance case under Section 125 of Criminal Procedure Code and pray for interim maintenance.
Ans :
Dear Sir,
You may approach concerned Newspaper office who published it and you can get a copy of old Newspaper.
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Not interested...
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Dear Sir,
It requires lot of home work but the Courts always neglect such minute issues. You may take the issue to the higher Court and favourable order.
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Ans :
Dear Sir,
You may get issue a legal notice and then file case before Consumer Court claiming huge compensation.
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Ans :
Dear Sir,
Please file suit for partition and you will get your property.
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Ans :
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Ans :
Dear Sir,
You have two options either to approach Deputy Secretary of concerned department or file a suit before Civil Court.
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Dear Sir,
Now you can produce the original which is traced out and same will be received by the Court since it was not in your hands all these days.
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Ans :
Dear Sir,
Nothing will happen the only thing is they may recover salary for three months. The law is as follows:
================================================================================
Resignation/ notice period depends from company to company. As per standing order/ service rule it is generally between 30-90 days and it has to be from both sides. There is no hard a fast rule under any law.
A 30 to 90-day notice period applies in order to terminate 'workmen' (as defined in the Industrial Disputes Act, 1947)
There are two types of notice period: statutory and contractual. Statutory notice is the minimum legal notice that can be given. Employers should give the employee:
Is notice period (3 months) legal in India?
It can be easily understood that the ambit and scope of section 23 of the Indian contract act 1872, is vast and therefore the applicability of its provisions is subject to scrutiny by the court of the consideration and object of an agreement and the agreement itself.
Therefore, in order to bring a case within the purview of section 23, it is necessary to show that the object of the agreement or consideration of the agreement or the agreement itself is unlawful.
I'll keep it short and simple:
Either party - employer or employee can terminate the contract by giving sufficient notice or compensating accordingly. In such a case, employer is bound to release the employee without any fuss, assuming that either of the above two conditions are met.
So, if your organization doesn't allow you to buyout the notice period, please feel free to knock on the doors of the Indian judiciary.
The following key issues should be highlighted:
What do you consider unique to those doing business in your country?
Some of the points mentioned above are unique to India. In addition, while Indian employment law is mainly federal in nature, most states have a Shops and Establishments Act. These statutes are similar, but not identical. Further, some states have been permitted to make amendments to central laws, with which are thus applicable in a different manner in such states.
Is there any general advice you would give in the employment area?
India is heavily regulated in the employment arena. Legal assistance should be obtained with regard to employment contracts and employment terms of service. Practical advice should be sought on best practices and common practices, so that policies are HR friendly and legally compliant. Advice should also be obtained on areas where compliance is difficult, so that employers can adopt positions that balance convenience against risk.
Emerging issues/hot topics/proposals for reform Are there any noteworthy proposals for reform in your jurisdiction?
As part of the objective to make it easier to do business in India, the government has proposed that the federal labour laws be revised and possibly amalgamated into two or three labour codes. If this is accomplished, the filing requirements will be streamlined. Amendments have also been proposed to some federal laws relating to factories and the use of apprentices. There has been no progress taking these initiatives forward and it appears unlikely that the government will do so.
Key amendments to law in recent months include a substantial change to the Maternity Benefit Act 1961 through the Maternity Benefit (Amendment) Act 2016. Key features of this amendment include:
Overall, the amendments are progressive in nature. From an employer’s perspective, there will be greater financial implications due to the increased maternity leave payment and also the benefits to be paid to the new categories of eligible female employees.
In December 2016 the Employee’s State Insurance Act 1948 was amended, increasing the salary or wages threshold for coverage of an employee to Rs21,000 (approximately $309) per month from the previous wage cap of Rs15,000 (approximately $221) per month. The act applies to commercial establishments and provides for social security insurance for employees in case of sickness. The amendment has led to higher employee coverage under the law.
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Ans :
Dear Sir,
You are entering into danger zone and if police found complaints against you then they may fix you in other cases also.
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Dear Sir,
Yes, you can get it transfer by filing transfer petition before Supreme Court as it is out of state transfer.
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Ans :
Dear Sir,
Yes, you can get it transfer by filing transfer petition before Supreme Court as it is out of state transfer.
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Not interested...
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Dear Sir,
First get change the katha in your name and then try for selling the property.
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Ans :
Dear Sir,
The question can be answered only after seeing the entire documents.
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Ans :
Dear Sir,
Get rectification deed from the vendor or his legal heirs if possible or else file a suit for declaration showing the present boundaries.
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Dear Sir,
You just ignore her comments and continue your family life.
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Ans :
Dear Sir,
It is not required mere change by mutation is enough followed by regular tax payments etc.
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Ans :
Dear Sir,
You may get issue a legal notice followed by a Civil suit or a representation before Labor Commissioner.
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Ans :
Dear Sir,
The following procedure may be followed:
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How To Get A Divorce In India
http://chaynindia.com/law-divorce/
http://www.divorcelawyers.co.in/how-to-get-a-divorce-in-india/
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872.Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 &The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.
A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:
1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.
2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.
ANNULMENT OF MARRIAGE:
Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.
Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.
VOID MARRIAGE:
There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-
a) neither party has a spouse living at the time of the marriage
b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.
Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible with in two to four weeks.
Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.
How to file divorce petition by mutual consent? What happens in the court?
The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?
During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.
In such circumstances, the court grants no divorce decree.
What can the other partner do under such circumstances?
There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.
In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.
Can the spouse consent for remarriage without getting divorce from existing partner?
Remarriage without getting divorce is a punishable offence with seven years imprisonment.
If either of the spouses is not heard for a long time, should the divorce be applied?
If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.
When the divorced persons can remarry?
Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.
What are the costs involved in getting divorce by mutual consent?
If you hire an advocate, it will be somewhere from Rs 25,000 to Rs 75,000.
But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.
How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?
It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.
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Dear Sir,
There will be no problem if you go on sending maintenance to your first wife.
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Ans :
Dear Sir,
It is within domain of your mother to take action against your father and not you. If your mother is agreeable then you may file complaint with police, domestic violence case with following reliefs.
===================================================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
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Ans :
Dear Sir,
You may resolve the issue amicably.
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Ans :
Dear Sir,
It all depends upon efforts of your advocate and cooperation of the Court. Secondly the fee depends upon the profile of the advocate whom you select. It may take 6 weeks to 6 months.
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Ans :
Dear Sir,
Under Section 27 of Contract Act there is no issue for you start similar business.
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Ans :
Dear Madam,
It is legal to have second wife subject to state rules as regarding registration. Further it is obligatory for him to maintain the first wife.
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Ans :
Dear Sir,
It is too small a offence like violations of traffic rules. Be silent with such issue and it may be become big if somebody lodge complaint against you when you get Government job.
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Ans :
Dear Sir,
You may approach labor commissioner who will resolve the issue otherwise refer the matter to Industrial Tribunal under Section 12 of ID Act. Or you may get issue a legal notice and then file a recovery suit.
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Ans :
Dear Sir,
Get issue a legal notice and resolve the issue and further you may lodge police complaint.
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Ans :
Dear Sir,
You may follow the below given procedure.
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I am a lawyer by profession, and have followed the below given procedure for changing my own name. Let me use my experience to help you to change your own name.
Follow the below given steps for changing your own name.
Step 1 – Affidavit
Go to you local Notary and make an affidavit regarding change of your name. You have to mention therein your specific reason for changing your name. For example, you may like to change your name after marriage (especially for women), due to astrological or numerological reasons or anything. Recently, one of my friends was going to start his own company who was locally famous in his nickname, and thus he changed his name from Rishabh Agarwal to Saurav Agarwal.
Note: Here is your sample name change affidavit for reference.
Tips: Make a few copies of your affidavit, and preserve the original one carefully. It’s better to scan it, and preserve its electronic copy on your external hard disk as well as on multiple computers.
This affidavit can be used for changing your first or last name and also using the same, you can completely change your name (both first and last name, for example from Rishabh Agarwal to Saurav Verma).
Step 2 – Newspaper Publication
I, Sri ___________________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by affidavit sworn before the Notary Public, ______________ (place) on ___________ (date). Henceforth, I shall be known as _________________ (New Name) for all purposes. ______________ (Name) and _______________ (Complete postal address).
Full Signature
Fill in the blanks with appropriate details and publish it in your local newspaper.
Tips:
You can choose any 2 local newspapers for publishing it. (No need for FrontPage coverage). Although you need only once copy but its better to get ten copies of that newspaper in which your statement is published and preserve it carefully, because it’s now a lifetime issue. It’s better to preserve both the hard and scanned copies of the newspaper.
Step 3 – Gazette Notification
Now for getting your name published in the Official Gazette of your state, for example: “The Delhi Gazette”, you need to do the following things:
1. Visit your local Government Press or the department that mobilizes Gazette notification.
2. Get 2 copies of “Deed Changing Surname Form”. (Fill this form carefully as per the instructions provided therein)
3. If possible get the phone number, or the mobile number of the person of that department who can help you for Gazette Notification.
Verification
You need to send the following documents to the Secretary, Department of Commerce & Transport (Commerce), _________________ (State).
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Ans :
Dear Madam,
Now Supreme Court protects your rights as follows:
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Nobody has right to interfere if two adults get married, says Supreme Court
NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.
The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.
Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.
Solemnization of Marriage under Special Marriage Act
The purpose of this Government Order is to ensure that the defined process of service delivery for the Solemnization of Marriage under Special Marriage
Act is followed. This would facilitate the electronic delivery of services through the instructions and guidelines as described in the following sections of the
Government order. The important components of service delivery process is being listed below –
1. Process for Registering service request for Solemnization of Marriage under Special Marriage Act
The request related to Solemnization of Marriage under Special Marriage Act can be accepted at the Common Services Centre established under
Government of India 100000 Common Service Centre (CSC) scheme under NeGP and Suwidha centers operational in the state or any other
arrangement made by Government for accepting the request, without discretion of any kind. The Government Official should now onwards accept the
service requests through electronic channel only. The applicant has option to submit a service request through any of the below mentioned procedures:
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Not interested.....
Ans :
Dear Sir,
You may adopted the following procedure for name change.
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Dear Friend,
Karnataka Govt. has its own rules and same has to be followed by all the companies in Karnataka. The link is below:
The Karnataka Government Servants (Procedure for Change of Names) Rules, 1967.
http://www.schooleducation.kar.nic.in/pdffiles/Forms_Proc/ChangeOfNameGovtServants.pdf
BRUHAT BENGALURU MAHANAGARA PALIKE TO OBTAIN BIRTH AND DEATH CERTIFICATES OF ALL THE EVENTS OCCURED IN THE
Experience share by an individual
http://www.vijaypadiyar.in/blog/2012/06/how-to-change-name-legally-in-india/comment-page-6
Notifying In Karnataka Gazette Regarding Your Name Change
https://legaldesk.com/name-change/name-change-process-karnataka
https://www.oneindia.com/feature/name-change-procedure-in-karnataka-gazette-2427680.html
Procedure to correct name in SSLC marks card?
There is a procedure you have to follow for correction of name in the SSLC mark sheet and you have to file an application for it to the board which will be forwarded by the School Headmaster. You can get your name changed by following a simple procedure which is given below.
• Just explain your problem to your school Headmaster that you have this problem in your mark sheet.
• You will be given an application form for correction of name in your certificate.
• You have to forward various documents related to your admission in the school
with this application like admission form which was filled during admission into the school, school leaving certificate and other relevant documents related to your admission which mentions your correct name.
• This application will be forwarded to the board by your school headmaster and if your documents are valid then there will be no problem in correction of your name in the marks sheet.
SARALA ONLINE SERVICES - KARANTAKA
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Ans :
Dear Sir,
Without perusing the relevant documents it is very hard to extend legal advise.
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Ans :
Dear Sir,
In such situation the following similar procedure may be adopted.
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Joint Ownership of Property
Differentiating co-owners and co-borrowers
Joint-owners or co-owners are those people who have a share in the said property. More than one person can be the owner of a property. Joint property owners most of the times are spouse or it could be parents, children or siblings. A property can also be jointly owned with anyone- it could be friends, colleagues, distant relatives etc.
While there are no restrictions in owning a property with anyone, joint home loans come in with certain restrictions. Banks do not sanction joint home loans for relations other than husband-wife, parents and children and in certain cases for brothers, provided they have joint ownership.
Co-ownership of property not is generally mandatory for considering the income of applicants for a loan. All co-borrowers are equally responsible for repayment of loan taken from the bank.
Who is liable to repay the loan?
The liability to repay the loan obtained lies equally with all of the applicants. For example, let us suppose that a working couple has applied for a joint home loan and after few years, the wife stopped working and the husband continues paying the loan EMIs by himself. Now if he had temporarily stops working due and the EMIs could not be paid, the bank serves notice for nonpayment against both husband and wife, as they are equally responsible for loan repayment.
What happens if you become a loan defaulter?
Once you become a loan defaulter, the bank will start the process of taking over your property. They can arrange an auction to sell your house/flat and recover their due amount. If you want to take any action, you need to take before this auction. Apart from this, your credit score will also be hit hard and you might not be eligible for loans in the future. This can be the worst thing to happen to you.
What are the options in this situation?
The best option for you would be to negotiate with the lender upon this. Banks will be ready to talk you over this issue rather than going through the tiresome process of taking over your asset. You can reach out to them with the past documents of EMI payments for this loan or the previous loans that you have cleared. Let us see what all options you have in hand:
1) Ask for a grace period - You can seek a grace period from the bank in order to continue with the EMI payments. You can clearly explain to them the reasons for not being able to pay EMIs such as loss of job or dip in sales of business, etc. Bank may be willing to give you the grace period for resuming EMI payments with some penalty.
2) Loan refinancing - There could be a case where the interest rates have gone up and hence you may not afford the increased EMI. You can talk to the bank to restructure or refinance your home loan. They can increase the tenure of the loan as a result of which your EMI would go down. Though this will result in you paying more, it will be better than losing possession of the property.
3) Counseling centers - There are counseling centers to help you with this issue. They would provide you the appropriate options based on your situation. They will also give you fair knowledge on the things to be followed so that you do not fall into a debt trap. Dena Bank has a credit counseling center which does exactly this.
4) Liquidating your investments - This will be the final step that you can resort to, if the above options do not work out for you. You can liquidate your existing investments such as deposits or mutual funds to pay the EMIs. You can also use this amount to make part payment for the loan which will reduce the EMI going forward.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Get a stay order from a Civil Court by filing suit for permanent injunction on the basis of documents you have.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You have to go to High Court to get immediate stay on such proceedings and later it may be quashed entirely if you have merits in your case.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested...
Ans :
Dear Sir,
If it is for evidence of the complainant then approach prosecutor to see that witnesses are summoned at the earliest and case may be closed at the earliest. Or you may approach High Court and seek time bound disposal by issuing directions to the concerned Court.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
It is only an understanding between employee and employer. If you want to enforce such right you will be harassed by your Boss on other issues.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Get certified copies of proceedings of the Court of both the Courts and approach senior advocate so that you can file quashing petition before High Court under Section 482 of Cr.P.C.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
Please consult me by approaching administrators of this website and get my e-mail from them.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested..
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Dear Sir,
You have to get list rent agreement to register your marriage in Bengaluru City.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
You may sign it without parting the physical possession of the flat.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
Please share all your documents and take consultation and such consultation may not mislead you.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Please share all your documents and take consultation and such consultation may not mislead you.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
It is not known whether father is alive or not. You can take the property on lease and sub lease it if there is corresponding permission in the lease deed.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
It is minor offence and you may find accordingly. The law is as follows:
==================================================================
https://www.taxmanagementindia.com/web/view_discussions.asp
The details of penalties imposed under this Section are as follows:
(i) in case of goods for which any prohibition is in force under the provisions of this Act or any other law for the time being in force – penalty not exceeding the value of the goods or ? 5000/- whichever is the greater;
PENALTIES UNDER CUSTOMS ACT, 1962
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
They cannot claim anything from you as your efforts are more than what they have paid to you. Even if they approach Civil Court they may not succeed and it will be dismissed at the threshold as there is no agreement.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
Self version of the complainant is sufficient to proceed with such cases.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested..
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Dear Sir,
You may file discharge application in the Trial Court if charge sheet is filed or quashing petition before High Court to quash such criminal proceedings.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You may approach banking ombudsmen and resolve the issue.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You must be happy if FIR is not registered. If registered it will be a big problem for you. Please see that case is closed at the police station level itself.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
First approach the employer and his higher authorities and thereafter raise the issue with the High Court by filing a writ petition.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Please consult any auditor or chartered accountant.
Ans :
Dear Sir,
You can apply for the certificate and if they refuse then only the issue arise till then he must think only positive.
Please mark “LIKE” if satisfied by my answer.
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Not interested....
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Dear Sir,
If Bank raises such issue then you may approach another Bank and get loan without that issue. Alternatively you may approach Civil Court and get a direction to the Society to execute rectification deed.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You have to produce sufficient evidence and Court will decide in your favour.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
First ask your mother to file a suit and get a stay order on selling such property. If you want you can file a complaint with police against your father.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Madam,
The law is in your favour and you can immediate file a case and your self version/statement will be believed by the Court and that guy will be punished.
For full procedure contact me on mobile through the Administrators of this Website. will be punished.
Ans :
Dear Sir,
You must file execution petition if no appeal is preferred. The Court will appoint Court Commissioner and adjudicate the matter.
For full procedure contact me on mobile through the Administrators of this Website. :p>
Ans :
Dear Sir,
You may seek permission of the Advocate General of Andhra Pradesh and file PIL before High Court.
For full procedure contact me on mobile through the Administrators of this Website. nt-->
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Not interested....
Ans :
Dear Sir,
You can prefer revision and get the said maintenance reduced.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
If you have evidence then approach police and Civil Court.
For full procedure contact me on mobile through the Administrators of this Website.
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Answer not required...
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Dear Sir,
You may contact local lawyer and get it done.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested...
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Not interested....
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Dear Sir,
You can directly approach the Gazette Authorities for publication by paying prescribed fee without Court orders.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested...
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Dear Sir,
Get issue a legal notice and publish in local newspapers and cancel the GPA accordingly.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested...
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Dear Sir,
If buyer is ready it is better to sell the property as there is no injunction against you. However the buyer may face following section.
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Section 53A in The Transfer of Property Act, 1882
1[53A. Part performance.—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
If the terms of sale agreement are in your favour or silent about such taxations then you may get issue a legal notice and avoid payment of extra money to the builder.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested....
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Dear Sir,
You may approach High Court to resolve your issue seeking quashing of FIR etc.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You may approach High Court to resolve your issue seeking quashing of FIR etc.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested...
Ans :
Dear Sir,
On the ground of continuous non consummation she can file divorce but annulment of marriage will be made only on medical grounds due to which the husband unable to make marriage successful.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
File a suit for permanent injunction saying that without due course of law the banker cannot evict you .
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Even if they do not accept your resignation you may resign and come out.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Get issue a legal notice and then approach the consumer forum or RERA if it is having jurisdiction.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
If charge sheet is not filed then approach High Court for quashing.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested...
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Dear Sir,
You can make complaint to Indian police and also other concerned authorities.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
The college authorities cannot retain your documents for want of fees etc. You can get issue a legal notice and approach the concerned higher educational officers.
For full procedure contact me on mobile through the Administrators of this Website.
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Dear Sir,
She has to file number of cases against her husband and also to file divorce case on the ground of cruelty it may be allowed further she may file DV case with following reliefs.
============================================================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
Pass orders u/s 18, in totality against Respondent No.1 to 3,
Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
You can file a case on your boss under Section 498 IPC as follows:
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Section 498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
By producing the document if any executed by your father before the concerned authorities you can get transfer the properties in your name. If required you may get NOC from your brother and sister and get transfer property in your name.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Madam,
You can immediately approach police as well as get medical certificate and lodge a complaint with police.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
If there is no stay by the Higher Court on the judgment passed by Family Court then you can marry for second time.
For full procedure contact me on mobile through the Administrators of this Website.
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Not interested.
Ans :
Dear Madam,
You can easily get divorce with a big amount as alimony for your maintenance. You can even file criminal case against him and his second wife for the offence of Bigami.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Please file Child Custody case and if interested your mother can file domestic violence case against her daughter-in-law as per latest Supreme Court Judgment.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
If you approach Civil Court you will get expert TI Order immediately on the first day of its filing provided you convince the Court with sufficient documents.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Please consult any local advocate who will prepare and send.
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Short cut way is to approach High Court
Ans :
It all depends upon local laws. Your quantity is very small. You can.
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You just file 498A case and police will seize dowry Articles
Ans :
Dear Sir
Personal consultation on payment of fee you will get more accurate legal opinion
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Not interested
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Dear Sir
If G S T registration done then you will succeed 100 percent.
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Only court divorce is legal otherwise some issues will arise afterwards
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There are rare chances. Challenge it before H C
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it is not clear. if you do not want any properties then you can seperate
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Yes
It can be used in evidence but it is infringement of privacy
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It It has come from four generations then it cannot be.
Ans :
Dear Sir
Yes he can. Get issue a legal notice .
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It is illegal. Approach Registrar
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Caveat filed in each tier relates to that Court only.
Ans : Get issue a legal notice asking her to come back failing which file a petition for Restitution of conjugal rights
Ans :
Nothing to worry about it by filing a suit for recovery of money
Ans : Yes All you 4 people get equal share.
Ans :
It requires your conditions to be mentioned in MoU
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not interested
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not interested
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You are supposed to give all
Ans :
SC says non cohabitation is a ground for Divorce
Ans :
Dear Sir,
They cannot demand like that. You may see the following law:
==========================================================================================
Gift Deed – once registred no cancellation
A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.
If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.
This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.
It can be a cost effective method of transferring the ownership.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Dear Sir,
Answer all the above questions in negative since there was no regular challan/charge sheet against you. Further you were not behind the bars for more than 48 hours.
For full procedure contact me on mobile through the Administrators of this Website.
Ans :
Yes you can attach AFFIDAVIT
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If information is not given the go in appeal as per R T I provisions
Ans :
Dear Sir
You can civil and criminal cases
Get issue a legal notice and Mark copy to his employer
Ans :
Nil
Ans :
You can file partition suit and get your share if your husband is no more. Police will book her under different Acts
Ans :
Dear Sir
It may not effect as long as no body objects. if objects delete it with apology.
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Nil
Ans :
Yes
You will get it
Ans :
Dear Friend
Nothing to worry. Taking such video itself infringement my your private life. Nothing to bother. Law does not barred such act and doctors encourage it as healthy act.
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Not necessary
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Not necessary
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No reply needs
Ans :
Yes. Read SENIOR CITIZEN ACT IN FULL
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Please approach High Court
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Resist the same. ×
Welfare of the child will be focussed by Courts
Ans :
Please get issue a legal notice and file a complaint before consumer forum
Ans :
Please lodge complaint with police and local authorities. Make the issue viral.
Ans :
No reply needed
Ans :
Get issue a legal notice and file a case in Consumer Cou
Ans :
Follow answer to earlier similar question
Ans :
Dear Sir/Madam
There is no such law
But you can approach social networking and TV.
You can make your own Union and fight. Now it unorganized
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No answer required
Ans :
Yes, they are entitled
Ans :
Dear Sir
Yes they are entitled
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Nil answer
Ans : Dear Madam You may try for mutual divorce if not agreed then say you have divorced as per family customs.
Ans :
Dear Sir,
You can sign any paper only after your resignation is received.
Ans :
Dear Sir,
It all depends upon the profile of the lawyer you select.
Ans :
Dear Sir
Report to the Superintendent of Police. If you are in Karantaka read the following
THE KARNATAKA POLICE ACT, 1963.
http://dpal.kar.nic.in/pdf_files/4%20of%201964%20(E).pdf
Ans :
apparently Labor Commissioner under section 12 of the I D Act
Ans :
Please approach local advocate
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Approach High Court for early disposal direction
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Approach Police or Court
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Release Deed in your favour
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not interested
Ans :
Your mom is right. First become financially strong and then try to get justice to your mother
Ans :
legal heir certificate to be produced along with N O C from others legal heirs in favour of one legal heir
Ans :
legal heir certificate to be produced along with NOC in favor of one of the legal heir
Ans :
Yes you can. let him go to Court. It will be prestige issue for him
Ans :
Just approach High Court for early disposal direction to family court
Ans :
Resist legally you will win
Ans :
Yes but the issue will not end there. You husband may make it big issue
Ans :
You can even rape case
Ans :
Please approach High Court as yours is new case
Ans :
Nominee is only act like trustee.
Ans :
Please show all documents to legal expert
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Please show all documents
Ans :
Yes you can purchase
Ans :
Get issue a legal notice and file civil suit
Ans :
Just approach local Marriage Registration Officer and get forms and proceed
Ans :
just file notarized affidavit and request the passport officer to accept
Ans :
Approach High Court for early relief
Ans :
You complete 21 years fully
Ans :
You must enter into MoU
Ans :
You have report to police. They will preserve the same.
Ans :
not interested
Ans :
If your husband do not co-operate for mutual consent then you need 3-4 years to get divorce. For other short cut methods contact me on my mobile.
Ans :
Dear Sir,
Yes, if it is his self acquired property no body can prevent him for disposal his property to any of his son or even to outsider or to a to a Trust.
Ans :
Dear Sir,
You may get issue a legal notice and approach concerned authorities to get back the amount.
Ans :
Dear Sir,
There are so many circulars and instructions to the bankers to waive of such educational loans wherein candidates unable to get jobs or atleast to waive of interest thereon. The bankers can do nothing but they may approach civil court where you will get installment facility to payback the educational loan.
Ans :
Dear Sir,
Atleast now create some evidence on WhatsApp or through SMS or mobile conversations or through issuing legal notice. Then file a suit for recovery of money with interest.
Ans :
Dear Sir,
You are correct but who shall bell the cat. You may file PIL before High Court and get suitable direction and it will be sweeping order against the all corporates.
Ans :
Dear Sir,
You may lodge a complaint with local police. Or file civil suit for necessary relief free of cost by approaching the following authority.
===========================================================================================
Dear Friend,
You need not worry. You can get free advocate from this authority. Try. Similar facility is available in every State.
=====================================================================================
State Legal Services Authority
105, High court (PWD) Building, Fort, Mumbai - 400 032.
Tel.: 022-22691395 / 2263 1358
========================================================================================
Maharashtra govt increases income criteria for free legal aid
=========================================================================================
Now, people whose annual income is up to Rs72,000 will be eligible for free legal aid. The move by the state government to increase the annual income of individuals from Rs50,000 to Rs72,000 is in a bid to reach out to more citizens in need of free legal aid.
A Government Resolution issued by the Law and Judiciary Department on October 30, a copy of which is available with dna, states that the proposal to increase the annual income criteria was pending before the government. That proposal was approved after receiving a go-ahead from the finance department.
The change will come in effect by making amendments in section 16 of the Maharashtra State Legal Aid Service Rules, 1998. As per statistics available in the years 2010-2011, a total of 5,255 applications were received, in 2012-13 there were 6,529. The total beneficiaries in the corresponding periods were 14,985 and 6,602. Matrimonial matters consume most of the legal aid services followed by under-trial prisoners and property disputes among relatives.
SB Bahalkar, deputy secretary, Maharashtra State Legal Aid Services Authority (MSLASA) said, “The move is commendable and it will help more needy persons who are unable to fight their cases properly because they cannot afford private lawyers.”
The eligibility criteria is not applicable to women and children of all castes and religions, members of the Scheduled Caste and Scheduled Tribes. As of now there are around 250 advocates associates on the legal aid panel across the Bombay High court and lower judiciary in Mumbai.
In the high court, an advocate on the panel gets around Rs2,100 as fees and actuals of other expenses. The amount is less in the lower judiciary as compared to what private lawyers make on an average.
Ans :
Dear Sir,
By filing an application supported by affidavit you can change contents of legal heirs certificate. Approach the concerned officer.
Ans :
Dear Sir,
In such case you have approach Supreme Court which has power to transfer the cases from one State to another State.
Ans :
Dear Sir,
There is no discrimination between and among the businessman and industrialists. You can start your business after going through some training or joining as apprentice with some known real estate person.
Ans :
Not interested....
Ans :
Dear Madam,
In India there are so many enactments in favour of married women. Apart from this you may go through the basics of women empowerment which is as follows:
==========================================================================================
Marriage and Family matters:
Sexual Abuse and Exploitation:
Property Laws:
Women in the Workplace:
Organisations that help:
There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.
While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.
Ans :
Dear Sir,
You better consult a marriage counselor.
Ans :
Dear Sir,
Better fix a CC TV in your house and then lodge a complaint with police and ask them to remove them from your house.
Ans :
Not interested....
Ans :
Not interested...
Ans :
Dear Sir/Madam,
During the lifetime of father nobody can claim by way of partition suit in his self acquired property.
Ans :
Dear Sir,
The employer is entitled for the amount which he has actual spent during training on the employee as per following Supreme Court Law.
============================================================================================
While granting liquidated damages under the employment bond, Courts apart from going into the legal injury caused to the employer also take into consideration factors like actual loss suffered by the employer, period of service already completed by the employee under the contract and other conditions, if any, stipulated under the contract. Only after going into these factors, courts determine the loss suffered by the employer to reach a reasonable compensation figure. For instance, in the case of Sicpa India Limited vs Shri Manas Pratim Deb (MANU/DE/6554/2011), the employer incurred expenses, while imparting training to the employee for which an employment bond was executed. According to the bond, the employee was to serve the employer for period of three years or to make payment of rupees two lakhs to the employer. The employee left the employment within two year of signing the bond. To enforce the agreement the employer went to the court, which awarded sum of only Rs 22,532 to the employer as against the compensation amount of Rupess two lakhs stipulated in the contract. While coming to such conclusion, the Court relied upon the law laid down by Supreme Court regarding liquidated damages. The law with respect to liquidated damages have been crystallized by the Supreme Court vide two landmark decisions. First is the decision in case of Sir Chunilal V. Mehta And Sons, Ltd vs The Century Spinning (1962 AIR 1314), wherein it was held that liquidated damages are not in the nature of penalty and can be awarded as mentioned in the contract if loss from the breach of contract cannot be calculated for the remaining period of the contract. Whereas, in the case of Fateh Chand vs. Balkishan Das (AIR 1963 SC 1405), the provision of liquidated damages in the nature of penalty was held to be void, since the actual damages could be calculated and, thus the liquidated damages were held as the upper limit which are to be paid once the actual damages are proved. Since in the present case the damages could be calculated, Court considered the total expenses borne by the employer and the period of service completed by the employee under the contract and thus, divided the total expenses incurred into three parts for three years and awarded the damages for the remaining one year of the employment due to the breach of contract.
Therefore, from the above discussion, it is evident that employment bond stipulating a specified sum as payable by the employee in case of breach of contract is enforceable only if employer has actually spent money on the employee against a promise from the employee that he or she would not leave the employment for the specified duration and has consequently suffered a loss on account of the employee having received the training and leaving the employment before the stipulated period in breach of the employment bond / contract. With the employees in our country free to decide their employment these bonds play an important role to protect the interest of the employer and enable the employer, in appropriate circumstances, to recover the money spent or incurred by the employer in case of an early resignation by the employee.
Ans :
Dear Sir/Madam,
It will devolved as per following formula.
=================================================================
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Ans :
Dear Madam,
Your advised to file DV case with following prayers.
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
Ans :
Dear Madam,
Your advised to file DV case with following prayers.
====================================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
Ans :
Dear Sir,
On the basis of Caste and Community Certificate of your cousins you may approach High Court to issue a direction to the revenue officers for issuing such OBC Certificate.
Ans :
Dear Sir,
Get issue a legal notice through me. I will prepare online if you share more details.
With regards,
KISHAN DUTT KALASKAR
Retd Judge and Advocate
No.74, 1st Floor,
Opp: Upadhyay ENT & SKIN CLINIC
6th Cross, Malleshwaram,
Bengaluru - 5600003
Karantaka State
Mob: 9686971935
080-23461189
kalaskarnetra@gmail.com
Ans :
Not required.
Ans :
Dear Sir,
It is possible to know but I have to send my junior to some offices in person and get verification. You may contact me on mobile or visit my office.
With Regards,
KISHAN DUTT KALASKAR
Retd Judge and Advocate
No.74, 1st Floor,
Opp: Upadhyay ENT & SKIN CLINIC
6th Cross, Malleshwaram,
Bengaluru - 5600003
Karantaka State
Mob: 9686971935
080=23461189
Ans :
Dear Sir,
Immediately approach High Court and get necessary directions.
Ans :
Dear Sir,
Without evidence atleast bank transfer records it is very difficult to file a suit for recovery of money.
Ans :
Dear Sir,
Get issue a legal notice and also lodge complaint with local authorities and management of the apartment society, if nothing gives positive result then approach Civil Court for appropriate orders.
Ans :
Dear Sir,
It all depends upon rules and regulations made by local authorities like Corporation/Municipality/Panchayath.
Ans :
Dear Sir,
It all depends upon the profile of the advocate you select. If Court fees is very low then it depends upon the profile of the advocate.
===========================================================================================
ADVOCATE FEE:
According to The Karnataka Civil Rules of Practice, 1967 the Advocate fee is calculated on the value or the subject matter of the suit, which shall be the same as prscribed by the Karnataka Court Fees and Suits Valuation Act, 1958,
For the determining the jurisdiction of the Court, according to the following scales: Suit Claim Above Rs.1,00, 000/- Rs..4,125/-+1 1/2(one and half) per cent on the amount which exceeds Rs.1,00,000/-
Now according to the suit property valuation of Rs.33,35,65,457/- the Advocate fee amounts to Rs.50,01,981/-.
Karnataka High Court
Shekhappa vs Assistant Commissioner And Land ... on 22 June, 2000
Equivalent citations: ILR 2000 KAR 3956
Bench: M Anwar
ORDER
1. This is decree-holder's revision directed against the Execution Court's order dated 5-6-1999 made in E.P. No. 538 of 1997 awarding him the Advocate's fee of Rs. 50/- only per cost towards the execution proceeding while declining his claim to the same at the rate of 50% of the Advocate's fee awarded on the original suit.
Ans :
Dear Sir,
There is no such provision under Law. But when such accused being examined by the Court under Section 313 of Cr.P.C may volunteer like that.
======================================================================
Section 313 in The Code Of Criminal Procedure, 1973
313. Power to examine the accused.(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-
(a) may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons- case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub- section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
Ans :
Dear Sir,
First there must be a suit to file inventory application as follows:
==========================================================================
Code of Civil Procedure 1908 - Schedule I
ORDER XXI : EXECUTION OF DECREES AND ORDERS
Payment under decree
2[1. Modes of paying money under decree
(1) All money, payable under a decree shall be paid as follows, namely-
(a) by deposit into the Court whose duty it is to execute the decree, or to that Court by postal money order or through a bank; or
(b) out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidence in writing ; or
(c) otherwise, as the Court which made the decree, directs.
(2) Where any payment is made under clause (a) or clause (c) of the sub-rule (1), the judgement-debtor shall give notice thereof to the decree-holder either through the Court or directly to him by registered post, acknowledgement due.
(3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the following particulars, namely:-
(a) the number of the original suit;
(b) the names of the parties or where there are more than two plaintiffs or more than two defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;
(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal, interest or costs;
Ans :
Dear Sir,
As per following recent Supreme Court Judgment if wife refuses to reside in her matrimonial house then husband entitled for divorce. Get issue a legal notice and proceed.
======================================================================================
India grants divorce to man whose wife refused to live with in-laws
India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.
Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.
There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.
Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.
“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”
Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.
Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”
The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.
Ans :
Dear Sir,
You may share your grievance in person with any of the expert legal advisor for necessary confidential advice.
Ans :
Dear Sir,
You may approach Service Tribunal of Army or High Court to get appropriate remedy.
Ans :
Dear Sir,
You may get issue legal notices both to your brother and sister-in-law. Then lodge a complaint with police who will summon them to the police station and handover each child to the each of the couple.
Ans : Dear Sir, Please share full details as to whether in fraud case evidence is recorded at the stage of framing of charges. You may approach the High Court to challenge the charge sheet. If it is in evidence stage then file a application for comparison of signatures to the hand writing expert to prove that it is genuine document.
Ans :
Dear Sir,
Please check if there is any relevant Act and also file a criminal case against him. Face the situation like “Aluri Sita Rama Raju”.
Ans :
Dear Sir,
Get file a suit and get a stay order in the meanwhile bring that gradma and get gift deed from her.
Ans :
Dear Sir,
Create litigation by filing a suit and get stay order against your father in law and restrain him in executing any registered document in respect of said property.
Ans :
Dear Sir,
If lower court not cooperating and the construction is without the court permission then approach the higher court and get a stay. You will succeed.
Ans :
Dear Sir,
Nothing to worry be assured you will win.
/p>
Ans :
Dear Sir/Madam,
Immediately join your mother in any nursing home where residential look out is there. Secondly file a petition before the Tribunal or High Court with medical records for transfer your father.
Ans :
Dear Sir,
A contract worker have no right for seeking regularisation if you are not contract worker then approach High Court or Civil Court.
Ans :
Dear Sir,
You cannot get any tax benefit however if he is minor and if you adopt him to legalize you as natural guardian.
Ans :
Situation: It was an online work... Its a fraud company... They send me a legal notice.... I don't know if it is real or fake
Dear Sir,
You can wattsapps same to me. I can reply it legally stating that a cheating case will be filed against that company.
Cheated in online shopping? Here is how you can get justice
Not futile to pursue online vendors who fail to deliver promised goods and services. Chitra Vittal from Bangalore wins out-of-court settlement from online vendor of cakes
Far too many of us have felt cheated by online vendors but have let it go because of the apparent futility of fighting for our rights. However, Chitra Vittal’s story tells us that it is indeed possible to win out-of-court settlements with online vendors with the help of consumer rights organizations like the International Consumer Rights Protection Council (ICRPC).
Chitra Vittal from Bangalore ordered a combo package including cake from Flowers n Cakes to India, an online florist and gift store that guarantees same day delivery and the “delivery of fresh products – always.”Flowers n Cakes to India failed to deliver the product on the specified day, and when they finally did deliver it the next day, the cake was “smashed up, made of cheap wine” and of a quality that was entirely unacceptable to the customer.
When Ms Vittal attempted to complain about the non-delivery of the product on the scheduled day, she found that the customer care numbers displayed on the website were not attended. She managed to find contact details of their Hyderabad-based sub-vendor, only to be told that they had only received their orders from Flowers n Cakes to India the morning after the scheduled date.
Five days later, Ms Vittal complained about the delayed delivery of a substandard product over a chat conversation with the company representative, Rahul, who, according to her was rude and paid no heed to her complaints.
Ms Vittal then approached Arun Saxena, President of ICRPC, which runs a consumer helpline. Mr Saxena sent an email to the vendor on behalf of Ms Vittal, informing them that they had conducted Unfair Trade Practices under Section 2 (1) (r) of the Consumer Protection Act. If the vendor did not refund the full amount to Ms Vittal and pay Rs50,000 as compensation for her losses, harassment and inconvenience, Mr Saxena said, severe action would be initiated against them, seeking higher compensation of Rs1 lakh with the legal costs.
What ensued was a series of emails exchanged among Mr Saxena, Ms Vittal and Flowers n Cakes to India, where the vendor attempted to seek refuge in its disclaimer against “unavoidable delays”. Ms Vittal felt that the vendors entirely ignored the accusation of no-response to complaints and were repeatedly rude to her. The emails reveal comments from the vendor to the tune of “If she doesn’t understand simple English language then it’s not our responsibility” and “she is the only one who we can call Fake”.
When Mr Saxena finally said that the matter was headed to consumer court and they would have to appear in person to justify their position, Flowers n Cakes to India beat a hasty retreat. With a sudden and radical change of tone, it sent a politely apologetic email to Ms Vittal, with the promise of a full refund on the same day.
Mobile: 9686971935
Ans :
Dear Sir,
Yes, the law is as follows:
EQUIVALENT POSTS FOR OBC CREAMY LAYER.. PLEASE VISIT FOLLOWING LINK CAREFULLY
http://www.ncbc.nic.in/Writereaddata/Supplementary%20Creamy%20Layer%20Report%20241115%20final%20at%20430PM%20Corrected%20by%2005052016%20page%20no15635980433155122719.pdf
Dear Sir,
Income of your parents only will be calculated. Thus you can get the certificate.
The government will consider the parents’ status to determine “creamy layer” instead of status of the candidate applying for the job. In case of women candidates, too, the parents’ status will be considered and not the husband’s status.
Validity period
Please note that there is no validity period of OBC-NC Certificates.
The Department of Personnel & Training, clarified its position Govt. of India vide OM No. 36033/4/97-Estt.(Res.) dt. 25th July 2003.
It is only a misconception that there is a validity period of OBC-NC Certificate.
Thus OBC-NC Certificate is absolutely valid even if issued for more than 3 years ago but with a self - declaration given by the Candidate as per the format mentioned in the OM.
Find the link to the DoPT OM:
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_4_97_01April2005.htm
How do I calculate the gross income of my parents (who are government employees) to determine whether I belong to non-creamy layer or not in order to get the OBC reservation?
According to Para 10 of No. 36033/5/2004 - Estt. (Res.) which is a clarification issues to all state chief secretaries regarding clarification on OBC Creamy layer, income from Salaries and Agriculture should not be considered for calculating the gross income. Only the income apart from salaries and agriculture are to be considered.
The para 9 & 10 states as follow:
9. Creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not· been evaluated is determined as follows:
Income of the parents from the salaries and from the other sources [ other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources __ [ other than salari"es and agricultural land] exceeds the limit of Rs.8 lakh per annum for a period of three consecutive years, the ·sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose· income from salaries is less than Rs. 8 lakh per annum and income from other sources is also Jess than Rs.8 lakh per annum will not be treated as falling in creamy lay r even if the sum of the income from salaries and the income from the other sources is more than Rs.8 lakh per annum for a period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.
10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs. '8 lakh per annum, income from agricultural land is more than Rs. 8 Jakh per annum> but income from other sources is less than Rs. 8 lakh per annum> the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.
So, if your parents do not belong to higher class jobs, if they have income less than 6 lakh(%% Got revised in 2013) from sources other than salaries and agriculture and their wealth is within the limit , then u are eligible for non creamy layer benefits
Most of the people in India misunderstand the concept of creamy layer. Following are some key points that usually misunderstood by the people.
4. Business people’s children will fall under the creamy layer only if they earn Rs. 450000 for a period of three consecutive years.[4]
Supreme Court of India
Union Of India vs Rakesh Kumar & Ors on 12 January, 2010
Author: K Balakrishnan
Bench: P. Sathasivam, J.M. Panchal
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE HURISDICTION
============================================================
‘Creamy layer’: Criteria for PSU, bank posts evolved
The Centre has evolved criteria to identify posts in the PSUs, public sector banks and financial institutions comparable with those in the government to exclude the ‘creamy layer’ to grant reservation benefits to the OBC employees.
A proposal was examined and approved by a panel of Ministers and sent to the Cabinet for its final nod, a senior government official said.
The same panel had recently cleared the proposal to raise the ‘creamy layer’ ceiling for the Other Backward Classes (OBC) category to Rs. 8 lakh per annum from Rs. 6 lakh for Central government jobs.
The need to draw up the criteria arose as there was lack of clarity in the comparable posts in the State-run undertakings and the government.
The exercise to draw up the set of criteria was undertaken almost 23 years after a 1993 office order of the Department of Personnel and Training (DoPT) providing for 27% quota for the OBCs in government vacancies and laying down categories under the creamy layer.
‘Equivalent posts’
This order merely said the criterion enumerated for Group A and Group B posts would apply to officers “holding equivalent and comparable posts” in the PSUs, banks and financial institutions.
He said the move was aimed at ensuring parity between the posts in the financial institutions with those in the government in reservations.
“There were discrepancies in granting benefits to the OBC employees of such organisations and some were getting undue benefits in the absence of a comparative chart of posts across government and PSUs,” the official said.
Under the 1993 memorandum issued by the DoPT, certain categories are listed under the creamy layer.
Criteria of income
While categories like constitutional posts, Group A/Class I and Group B/Class II were clearly mentioned in it, there was no clarity in regard to the employees of PSUs, banks and insurance organisations.
The order further said pending the evaluation of posts on equivalence or comparable basis in these institutions, the criteria of income test would apply to the officers there.
Office Memorandum by DoPT increasing to Rs.8 lakhs
http://ncbc.nic.in/Writereaddata/636410877391738424Creamy%20layer%202017%20RI%20DKPandey.pdf
Clarification by UPSC
http://www.upsc.gov.in/sites/default/files/Clarification_CreamyLayerOBC_28072015_New.pdf
EQUVALANCE OF POSTS GOVT OF INDIA
http://pib.nic.in/newsite/PrintRelease.aspx?relid=170348
Government extends concept of creamy layer to PSUs, public financial institutions
In a major development, the Narendra Modi government on Wednesday expanded the ambit of ‘creamy layer’ in OBC reservations to include certain posts in PSUs and public sector financial institutions.
In a major development, the Narendra Modi government on Wednesday expanded the ambit of ‘creamy layer’ in OBC reservations to include certain posts in PSUs and public sector financial institutions. Last week, the income limit defining ‘creamy layer’ in government jobs for OBC reservation was raised to Rs 8 lakh per annum from Rs 6 lakh. Now, the same definition of ‘creamy layer’ would apply to PSUs public sector financial institutions also in OBC reservations.
“This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in government,” said Finance Minister Arun Jaitley.
Mobile: 9686971935
Ans :
Dear Sir,
You can take advantage of respondents non appearance. If exparte decree is passed then you can execute the decree and recover the amount easily. Mobile: 9686971935
Ans :
Dear Madam,
Yes, you are the nominee in his official record and under law he is suppose to maintain you. You can get stay immediately and pray the Court to keep the amount in joint FD account otherwise you will be on streets. Mobile: 9686971935
Ans :
Dear Sir,
You can approach civil court and get immediate stay order against them and carry out the work with the help of police. Before that we shall issue a legal notice to create cause of action. Contact me: Mobile: 9686971935
Ans :
Dear Sir,
You can approach civil court and get immediate stay order against them and carry out the work with the help of police. Before that we shall issue a legal notice to create cause of action. Contact me: Mobile: 9686971935
Ans :
Dear Sir,
You can get issue a legal notice through me and file a suit for partition and cancellation sale deed as your signature was taken on the sale deed. You will succeed to get the share of your deceased mother. Mobile: 9686971935
Ans :
Dear Madam,
We can file 482 CrPC petition and get a direction for arrest from High Court. Contact me Mobile: 9686971935
Ans :
Ans :
Dear Sir,
Get issue a legal notice and threaten them to go to Civil Court for recovery of arrears and compensation for mental torture. For draft contact me. mobile: 9686971935
Ans :
Dear Sir,
Such permissions cannot be given during the pendency of civil suits. The nature of lands cannot be changed.
Ans :
Dear Sir,
Better you send the scanned copy to my wattsapp or mail id. I will let you know its validity. In the meanwhile let me how you got this property by free grant etc., that is nature of acuistition.
Ans :
Dear Madam,
You can do that. I will let you know the detailed procedure either on mobile or in personal contact. Take my personal contact details from the administrators of this website.
Ans :
Dear Madam,
Yes, you can take action against them both criminal and civil. Get issue a legal notice first then start firing them in Courts. My legal notice fee is Rs.5,000/-
Ans :
Dear Sir,
You can get issue a legal notice and then file a complaint with Consumer Forum either at Pune or in Bengaluru. You will get the compensation. My legal notice charges would be Rs.3,000/-
kalaskarnetra@gmail.com
9686971935
Bengaluru
Ans :
Dear Sir,
You may approach High court and take anticipatory bail even though your name does not appear in FIR. If later police file charge sheet against you also then get it quashed by approaching the High court.
Ans :
Dear Sir,
You may approach high court and it will issue directions to the concerned Bar association to complete the investigation against the advocate within a time bound period.
Ans :
Dear Sir,
If local laws does not permit such small portion to be registered in your name then you may adopt any of the following option.
Ans :
Dear Student,
Better take salary certificate of your father and claim obc reservation otherwise you are not eligible. Nothing will happen. If circumstances so warrants I will give more suggestions to save you.
Ans :
Dear Sir,
In cheque bounce case the first accused must be partnership firm and the other accused must be its partners. If you send copy of legal notice and/or complaint then I am in a better position to advise you to take appropriate defence.
Ans :
Dear Sir,
You can get issue a legal Notice and get contract cancelled and compensation claimed.
Ans :
Dear Sir,
You can do that but if any defamatory is published and if any body is aggrieved then you must be in a position to
defend yourself with suitable documentary evidence.
Ans :
Dear Sir,
The quantum of alimony normally will be calculated on your net salary as per following formula. See that your net home drawing salary is very less.
=========================================================================================
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
Ans :
Dear Sir,
The usual procedure is to file a suit for recovery by the concern bank in USA Court and after its decree. Its agents can file such decree for execution in Indian Courts. But the agents of USA banks cannot force you to pay the amount without any court execution proceedings. The acts of recovery agents of Indian or Foreign banks is forbidden by Supreme Court.
=============================================================================================
ICCI Bank Limited vs. Prakash Kaur case,
The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.
ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."
"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.
The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.
Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.
The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.
Ans :
Dear Madam,
Your problem cannot be solved if you send complaints through e-mail etc, you may directly file DV case which is composite enactment and under which you can get maintenance, protection order etc.
Ans :
Dear Sir,
You can demand rent arrears at any time and even during execution proceedings you can ask for the same. Police help can be extended by the court only when the tenant refuse to vacant the premises as per Court directions.
Ans :
Dear Sir,
You can approach labor commission for resolving your claim and also send a legal notice.
Ans :
Dear Sir,
The Institute cannot ask you to pay entire fees of the Course and also cannot retain your original certificates.
Ans : Dear Sir, You have many options and Indian Courts always helps the married women to get appropriate remedies.
Ans :
Dear Sir,
Most of the loans treated as bad debts. Usually it is insured and they recover from the insurance compny.
Ans :
Dear Sir,
The safer side is to approach for quashing such FIR/Criminal case and initially you will get a stay and the said proceedings and later it will be quashed.
Ans :
Dear Sir,
The safer side is to approach for quashing such FIR/Criminal case and initially you will get a stay and the said proceedings and later it will be quashed.
Ans :
Dear Sir,
The safer side is to approach for quashing such FIR/Criminal case and initially you will get a stay and the said proceedings and later it will be quashed.
Ans :
Dear Sir,
You may file complaints with higher police officers and also try to file a Public Interest Litigation Petition before High Court.
Ans :
Dear Sir,
The Government has full rights over such kharab lands and in case of any person without taking mining license it is illegal to carryon mining. You may file protest before mining office, revenue office and also before Deputy Commissioner of your district to prevent them to carry illegal mining extraction in the kharab lands belonging to State Government.
Ans :
Dear Sir,
You may file a suit for recovery of mortgaged amount by depositing the said amount and also file a suit for cancellation of agreement of sale cum GPA.
Ans :
Dear Sir,
Your contention is correct. As per the settled law the employer entitled for the only amount spent on you during training etc. It cannot demand the entire bond amount with interest. There are judgments of High Court and Supreme Court on this issue which you can apply when they approach the Civil Court by filing a civil suit for recovery of bond amount.
Ans :
Dear Sir,
When there is no official drainage in the area belonging to you, you need not give consent for flow of water through land unless they come forward to purchase required space within the boundaries of your land. If their actions cannot be restrained by you then file a suit for injunction and get restraint order against them.
Ans :
Dear Sir,
You may create more and more encumbrances on the property so that your brother cannot get the property at any point of time. Even during pendency of the case when there is no injunction to alienate then you can sell the property legally and wash off your hands.
Ans :
Dear Sir,
It is a purely civil issue and either you or the Management has to file a suit for recovery of amounts due. The Management cannot insult you by putting your name or bringing pressure on you otherwise to recover the arrears of maintenance. The only course open to them to approach Civil Court where the Court resolves the issues involved in the matter. Get issue a legal notice asking them to approach Civil Court.
Ans :
Dear Sir,
It all depends upon your resistance. There is no clear cut law and no settled law on this issue. You are advise to approach Civil Court seeking a relief of permanent injunction against them and Court will define the issue and come to your aid.
Ans :
Dear Sir,
You have to contest the case saying that your father not left any assets as such you are not legally liable to pay such loan. Further the said loans will be advanced with an understanding that on the death of borrower the said loan will be treated as either waived off or written off. Your success depends upon effects made by your advocate.
Ans :
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. ? 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ?Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following are similar FAQs asked by my another client....for your ready reference.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
Ans :
ICCI Bank Limited vs. Prakash Kaur case,
The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.
ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."
"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.
The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.
Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.
The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.
Ans :
ICCI Bank Limited vs. Prakash Kaur case,
The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.
ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."
"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.
The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.
Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.
The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.
Ans :
Dear Sir/Madam,
Nothing to bother. They cannot do any harm or threatening to you. They may be asked to go to civil court. The law is as follows.
============================================================================================
ICCI Bank Limited vs. Prakash Kaur case,
The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.
ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."
"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.
The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.
Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.
The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.
Ans :
You act is self defence
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IPC Section 96 to 106 of the penal code states the law relating to the right of private defence of person and property. The provisions contained in these sections give authority to a man to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available and in so doing he is not answerable in law for his deeds. Section 97 says that the right of private defence is of 2 types: (i) Right of private defence of body, (ii) Right of private defence of property. Body may be one’s own body or the body of another person and likewise property may be movable or immovable and may be of oneself or of any other person. Self-help is the first rule of criminal law. The right of private defence is absolutely necessary for the protection of one’s life, liberty and property. It is a right inherent in a man. But the kind and amount of force is minutely regulated by law. The use of force to protect one’s property and person is called the right of private defence. Nature of The RightIt is the first duty of man to help himself. The right of self-defence must be fostered in the Citizens of every free country. The right is recognised in every system of law and its extent varies in the inverse ratio to the capacity of the state to protect life and property of the subject( citizens). It is the primary duty of the state to protect the life and property of the individuals, but no state, no matter how large its resources, can afford to depute a policeman to dog the steps of every rouge in the country. Consequently this right has been given by the state to every citizen of the country to take law into his own hand for their safety. One thing should be clear that, there is no right of private defence when there is time to have recourse to the protection of police authorities. The right is not dependent on the actual criminality of the person resisted. It depends solely on the wrongful or apparently wrongful character of the act attempted, if the apprehension is real and reasonable, it makes no difference that it is mistaken. An act done in exercise of this right is not an offence and does not, therefore, give rise to any right of private defence in return. |
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Ans :
Dear Sir,
It is self defense. Nothing to worry.
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Dear Sir,You act is self defence Private Defence: A Right Available To All People In India
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Ans :
Dear Sir,
Lodge a police complaint or private complaint against both.
Ans :
Dear Sir,
Represent your case before the Superintendent of police. If not agreed then let it go for trial and none of the witnesses identify you and case will be ended in the acquittal. If you need easy and immediate disposal then give some compensation from pocket and get hostile the witnesses in the court and case will be ended in acquittal. For more suggestions call me.
Ans :
Dear Sir,
Ask her to go the Court. Please come to my office I will suggest more as to how to save your property.
Ans :
Dear Sir,
Such bond is with force of law. The law is follows. Let him go to court. Get issue a legal notice.
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Enforceability Of Employment Bond
1 Central Inland Water Transport Corporation v Brojonath Ganguly, (1986)IILLJ171SC
2 Niranjan Shankar Golikari v The Century Spinning and Manufacturing Company Ltd, AIR 1967 SC 1098
3 IBS Software Services Group v Leo Thomas, 2009 (4)KLT 797
4 Section 73 of the Contract Act, 1872
5 Section 74 of the Contract Act, 1872
6 Nandganj Sihori Sugar Company Ltd v Badrinath Dixit, & Ors, AIR1991 SC 1525
7 Gujarat Bottling Co Ltd v Coca Cola Company, AIR 1995 SC 2372
8 MANU/DE/6554/2011
9 MANU/AP/0416/2011
Introduction
The present era is experiencing phenomenal changes in the economy and industrial processes, which has resulted in greater business competition. To cope up with competition, the employers incur huge expenditure in imparting training to their employees for improving the quality of goods and services of the company. However, sometimes the employees leave their employment after honing the skills & improving the knowledge of the industry for better salary and incentives. The increasing rate of attrition subjects the employers not only to financial losses but also delays in completing the ongoing projects thereby directly impacting their goodwill & reputation in the market. Therefore, in order to safeguard their interest, employers have of late started to obtain an employment bond from their employees who are found suitable for training or skill development. Such employment bonds are agreements between the employer and employee wherein among other terms & conditions of the employment, an additional clause is incorporated which requires the employee to serve the employer compulsorily for a specific time period else refund the amount specified as bond value.
The question that arises here is whether such a method to retain employees is effective, acceptable and enforceable under the law. This article discusses the enforceability of employment bond and the rights available to the employers and employees under the agreement in light of various court decisions.
1. Employment bond: need and enforceability?
Generally before selecting employees for providing training or skill enhancement program, employers take necessary safeguard of conducting interviews, take assurances that employee will stick to complete the projects for which he is being trained and shall also train the other co-employees so that an effective and efficient work environment is created. However, employees still tend to leave for greener pastures and, therefore, it is increasingly becoming necessary for the employers to enter into an employment bond to safeguard their interests. If employee leaves the employment without serving the company for agreed time period, the employer is expected to suffer due to the undue delay in completing the work undertaken, which can ultimately affect its reputation/creditability in the market. To prevent such situations, the employer can compensate the loss incurred if a valid employment bond has been executed. Such bonds also deter the employees from committing any breach of the agreed terms and conditions.
Now, the most pertinent question that arises here is whether the employment agreement with negative covenant is enforceable under Indian laws? The simple answer is yes. Such employment agreements with the negative covenant is valid and legally enforceable if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake. The courts in India have held in its various judgments that in the event of breach of contract by the employee, the employer shall be entitled to recover damages only if a considerable amount of money was spent on providing training or incurred other expenses for the employee. Further, the courts have been reluctant to restrain the employee from joining a competitor/other employer. The employment bond will not be enforceable if it is either one sided, unconscionable or unreasonable. Therefore, it is pertinent to be cautious while drafting the employment bond because it is mandatory that the conditions mentioned in the employment bond, including the compulsory employment period and amount of penalty are reasonable in order to be valid under the Indian law. The term "reasonable" is not defined under the legislation and, therefore, the meaning has to be determined on a case by case basis depending upon the issues involved and circumstances of the case. In general, the conditions stipulated in the contract should justify that it is necessary to safeguard the interest of the employer and to compensate the loss in the event of breach of contract. Further, the penalty or compulsory employment period stipulated in the contract should not be exorbitant to be considered as valid and to be regarded as reasonable.
2. Challenging the enforceability of employment bond
The validity/enforceability of the employment bond can be challenged on the ground that it restrains the lawful exercise of trade profession or trade or business. As per section 27 of the Contract Act, 1872, any agreement in restraint of trade or profession is void. Therefore, any terms and conditions of the agreement which directly or indirectly either compels the employee to serve the employer or restrict them from joining competitor or other employer is not valid under the law. The employee, by signing a contract of employment, does not sign a bond of slavery and, therefore, the employee always has the right to resign the employment even if he has agreed to serve the employer for specific time period.1 However, the restraints or negative covenants in the agreement or contract may be valid if they are reasonable. For a restraint clause in an agreement to be valid under law, it has to be proved that it is necessary for the purpose of freedom of trade. For instance, if the employer is able to prove that the employee is joining the competitor to divulge its trade secrets then the court may issue an injunction order restricting the employment of the employee to protect the interests of the employer. Whenever an agreement is challenged on the ground of it being in restraint of trade, the onus is upon the party supporting the contract to show that the restraint is reasonably necessary to protect his interests.2
In order to execute a valid employment bond, the parties have to ensure that the following requisites have been complied: (i) the agreement has to be signed by the parties with free consent; (ii) the conditions stipulated must be reasonable; and (iii) the conditions imposed on the employee must be proved to be necessary to safeguard the interests of the employer. Further, the employment bond stipulating conditions such as to serve the employer compulsorily for a specific time period or penalty for incurring the expenses is in the nature of the indemnity bond and, therefore, such kind of employment bond has to be executed on a stamp paper of appropriate value in order to be valid and enforceable.3
3. Remedies available to employer and employee
In the event of breach of employment bond, the employer might incur a loss and, therefore, may be entitled for compensation.4 However, the compensation awarded should be reasonable to compensate the loss incurred and should not exceed the penalty, if any, stipulated in the contract.5 Usually, the court determines the reasonable compensation amount by computing the actual loss incurred by the employer having regard to all circumstances of the case. Even if the bond stipulates payment of any penalty amount in the event of breach, it does not mean that the employer shall be entitled to receive the stipulated amount in full as compensation on the occurrence of such default; rather the employer shall be entitled only for reasonable compensation as determined by the court. While exploring alternate remedies available to the employer in the event of default by the employee, it would be interesting and worthwhile to discuss whether the employers are entitled to seek for reinstatement of their employee or obtain restraining order against the employee from joining any competitor/alternate employer because many such similar reliefs have been sought by the employers in various suits. The apex court, while dealing with similar query, has held that the specific performance action cannot be sought for breach of contract of personal service or bond6 and, therefore, the employer shall not be entitled to seek for reinstatement of their employees as relief in the event of breach of bond. In another matter, the apex court has held that it is not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would indirectly compel the employee to idleness or to serve the employer7 and, therefore, the courts are also reluctant to grant injunction against the employees restricting their employment with other employer unless it is necessary for the protection proprietary interests or trade secrets of the employer.
As mentioned, the conditions stipulated in the employment bond should be reasonable in order to be valid and, therefore, even if unreasonable condition/clauses are stipulated in the contract such as imposing exorbitant duration of compulsory employment period or huge penalty upon the employee, the court shall award compensation only if it determines that the employer has incurred loss by such breach of contract. The court normally considers the actual expenses incurred by the employer, the period of service by the employee, conditions stipulated in the contract to determine the loss incurred by the employer to arrive at the reasonable compensation amount. For instance, in the case of Sicpa India Limited v Shri Manas Pratim Deb,8 the plaintiff had incurred expenses of INR 67,595 towards imparting training to the defendant for which an employment bond was executed under which the defendant had agreed to serve the plaintiff company for a period of three years or to make a payment of INR 200,000. The employee left the employment within a period of two years. To enforce the agreement the employer went to the court, which awarded a sum of INR 22,532 as compensation for breach of contract by the employee. It is crucial to note that though the bond stipulates a payment of INR 200,000 as compensation for breach of contract, the judge had considered the total expenses incurred by the employer and the employee's period of service while deciding the compensation amount. Since the defendant had already completed two years of service out of the agreed three year period, the judge divided the total expenses of INR 67,595 incurred by the plaintiff into three equal parts for three years period and awarded a sum of INR 22,532 as reasonable compensation for leaving the employment a year before the agreed time period. Similarly, the High Court of Andhra Pradesh in the case of Satyam Computers v Leela Ravichander,9had also reduced the compensation amount considering the period of service of the employee.
Conclusion
In view of the aforesaid discussions and various court decisions, the employment bond is considered to be reasonable as it is necessary to protect the interests of the employer. However, the restrains stipulated upon the employee in the said contract should be "reasonable" and "necessary" to safeguard the interests of the employer or else the validity of the bond may be questioned. The employees are always free to decide their employment and they cannot be compelled to work for any employer by enforcing the employment bond. The court can; however, issue order restricting the employment of the employee only if the said action is deemed necessary to safeguard the trade secrets/proprietary interest of the employer. In the event of breach of contract by the employee, the only remedy available to the employer is to obtain a reasonable compensation amount. The compensation amount awarded shall be based upon the actual loss incurred by the employer by such breach.
The Indian courts have been reluctant to restrain the employee from joining a competitor/other employer
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Non compete clause, it is prohibited under the Law of Contracts.
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Section 27 of the Indian Contract Act-1872 provides that ”Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void”.
Exception : One who sells goodwill of a business with a buyer to refrain from carrying on a similar business within specified local limits so long as the buyer, or any person derivingtitle to the goodwill from him, carries on a like business therein provided that such limits appear to the court reasonable, regard being had to the nature of business.
Indian law is therefore very clear and strict on this point, any such non compete agreement shall not be binding on the parties and the same shall be null and void. By using the term void ab initio, for such type of agreements it has shown that it has kept such non compete clause in the agreements beyond consideration. Indian courts have also consistently refused to enforce post termination non compete clauses in employment contracts as “restraint of trade” is impermissible under section 27 of the Indian Contract Act-1872, and have held them as void and against the public policy because of their potential to deprive an individual of his or her fundamental right to earn a living.
However considering the developed social, legal, and corporate circumstances, and the required confidentiality and the integrity of the employments, the judiciary has inclined its view towards giving some regard to the non compete agreements. In the case of ‘Niranjan Shankar Golikari Vs the Century Spinning and Manufacturing Company Ltd.’ , the Hon’ble Supreme Court observed that-“restraints or negative covenants in the appointment or contracts may be valid if they are reasonable”. Further in one case - V.F.S. global services Pvt. Ltd Vs Mr. Suprit Roy, 2008(2) Bom CR 446, the Bombay High court established the principle that a restraint on the use of trade secrets during or after the cessation of employment does not tantamount to a “restraint on trade” under section 27 of the Act and therefore can be enforceable under certain circumstances. In the case of Mr. Diljeet Titus, Adv Vs Mr. Alfred A Adebare & Ors 2006(32)PTC 609 (Del), Delhi High court held that “The real test was the degree of employment control to determine whether it was a contract of service…” .
Like these there are several other judgements of various High courts which have laid down certain tests or guidelines to check the validity and legality of imposition of restrictions on such non competing agreements. It shows that Indian courts may in certain circumstances enforce confidentiality agreements intended to protect an employer’s proprietary rights.
Like these there are several other judgements of various High courts which have laid down certain tests or guidelines to check the validity and legality of imposition of restrictions on such non competing agreements. It shows that Indian courts may in certain circumstances enforce confidentiality agreements intended to protect an employer’s proprietary rights.
Ans :
Yes. SC says non consummation is cruelty and you are entitled for Divorce with alimony. Contact me.
Ans :
File DV CASE and get protection.
Ans :
Ex parte decree will be in your hand. You can get evict tenant with police help. Call me.
Ans :
You just approach HC you will get relief. Call me for more guidance.
Ans :
You just approach HC you will get relief. Call me for more guidance.
Ans :
You just approach HC you will get relief. Call me for more guidance.
Ans :
Until you cheat students by false promises it is not illegal. Contact me.
Ans :
No, as it was not decided on merits.
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Dear Sir,
If no body objects it is fine.
Ans :
I.T.Law
Ans :
Not very well aware.
Ans :
Dear Madam,
Just get family geneology and have family settlement on a 200 rupees stamp paper and appraoch the concerned authority.
Ans :
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. ? 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ?Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following are similar FAQs asked by my another client....for your ready reference.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
Ans :
Dear Madam,
Though it was posted for judgment the judge could not understand some thing in the papers produced by you. So
he need some more time to clarify himself about the law and documents. So better engage a letter to clarify his doubt.
Suo Moto means by himself, he has sreopened the case and not any bodys application. Any how judmment will be
pronounced it is better to engage lawyer otherwise he may give judgment against you as he seems to have not convinced. Please call me to clarify more.
Ans :
Dear Sir,
It works on the following formula:
==================================================================================
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
Ans :
Dear Sir,
Your application in the below format is sufficient. No need to mention sections of Consumer Protection Laws .
=========================================================================================
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
O.S. No.2456/2017
BETWEEN:
Mr. xxxxxxxxs,
Aged about 45 years,
R/at s,
Bengaluru – 560003.
….. Plaintiff
AND:
Sri. xxxxxxxxu – 560070,
And another ….. Defendants
APPLICATION UNDER SECTION 340 READ WITH SECTION 195 OF CRIMINAL PROCEDURE CODE, 1973
May it please your Honor:
For the reasons stated in the accompanying affidavit it is humbly prayed to lodge a complaint against plaintiff, in the court of jurisdictional magistrate for preliminary enquiry and registering a case for the offences punishable under sections 340 read with section 195 of Criminal Procedure Code, 1973, in the interest of justice and equity.
Applicant/Defendant No. 1
(In person)
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
O.S. No.2456/2017
BETWEEN:
Sri. Sandeep Bathija ….. Plaintiff
AND
Sri. Mahesh Vasdev and others ….. Defendants
A F F I D A V I T
I, Sri. Mahesh Vashdev (Senior Citizen), S/o late T. Vashdev, Aged about 71 years, Door No.118, 26th Cross, 6th Block, Jayanagar, Bengaluru – 560070, (Mob:9845405202), do hereby state on oath as under:
I, the above named deponent declares that the contents of this affidavit are true and correct to the best of my knowledge, belief and information.
Identified by me DEPONENT
Advocate
Place: Bengaluru
Date:
===========================================================
How to file perjury in India ?
October 2, 2017 by Rajesh Vakharia
How to file perjury in India ?
In order to sustain and maintain sanctity and solemnity of the proceedings in law courts it is necessary that parties should not make false or knowingly, inaccurate statements or misrepresentation and/or should not conceal material facts with a design to gain some advantage or benefit at the hands of the court, when a court is considered as a place where truth and justice are the solemn pursuits. If any party attempts to pollute such a place by adopting recourse to make misrepresentation and is concealing material facts it does so at its risk and cost.
Read a judgment about the above in Vijay Syal Vs. State of Punjab
PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
ELEMENTS OF PERJURY:
1) False statement made by a person Who is —
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must be sanctioned by law.
3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a)CPC casts a legal duty to speak the truth
b)Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.
a) Statement that he believes a thing which he does not believe.
b) Statement that he knows a thing which he does not know.
c)Statement that he knows to be false or does not believe to be true .
d) Statement need not be on a point material to the proceedings.
Due to this the related other section which can be used are :
IPO 191: Giving false evidence, judicial perjury
IPO 192: Fabricating false evidence
IPO 193: punishment for offenses u/s 191 & 192 IPO
IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPO 201 to 229: Offenses against public justice
OFFENCES U/S 195 CrPC:
(a) IPO 172 to IPO 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.
(b) IPO 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offense is alleged to have
been committed in, or in relation to, any proceeding in any court.
CrPC 195:
Generally any person can lodge complaint of an offence and set the law in motion. Exception to this rule is offences. Specified u/s 195 CrPC. Section 195 lays down rules to be followed by the court to take cognizance of an offence specified under it. Court has full discretion in deciding whether any prosecution is necessary or not.
Considerations for sanctioning prosecution:
a) Administration of justice is not hampered
b) Not to be used as a means for wreaking vengeance by people
c) Every incorrect or false statement does not make it incumbent upon the court to order prosecution.
d) Judicial discretion to order prosecution only in the larger interest of administration of justice.
e) When police finds that complaint was false and case is cancelled u/s 173 CrPC, the police can start proceeding u/s 211 IPO against person who lodged false complaint.
CrPC 340:
Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPO 195. Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf. Sanction of the public servant court is a must for offenses in (a) under Criteria for establishing offence. Sanction of the court is a must for offenses in (b). under Criteria for establishing offense. Any Civil, Revenue or criminal court can proceed under this section. Person against who proceedings are initiated has no right to participate in preliminary Inquiry. The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution. The order is appealable only once and no second appeal or revision lies.
Requirements for starting prosecution:
The court is not bound to start prosecution. Only if it is expedient in the interest of justice and affects administration of justice. Contradictory evidence is not enough for prosecution. Offence must have been committed intentionally. Perjury should appear to be deliberate and conscious. Conviction is reasonable probable or likely. Reasonable foundation for the charge must exist. Statement given by complainant in FIR u/s 154 cannot be basis of prosecution u/s 340. Statements given to police u/s 161 are not evidence.
PROCEDURE:
Receive application or suo motu – application can be filed by a person not party to the proceedings in relation to which the offense is committed. The court where application is filed only decides if inquiry should be made Hold preliminary inquiry (not essential in law). Record findings . Make a complaint in writing – include offence, facts on which it is based and evidence available for proving it. The judge has to sign the complaint himself. Forward it to a first class Magistrate having jurisdiction.
IPC 192:
No condition to be bound by oath. Reasonable prospect of proceedings and intention to use the fabricated evidence in such proceedings. Proceedings need not be in progress. Material omission is made in an entry or a statement Affidavit- making a document containing false statement to be used as evidence in a judicial proceeding.
Criteria:
Particular Intention that false document so made should appear in evidence in a judicial proceeding. Reasonable prospect of using the document is sufficient to establish offence. Should be material to the result of the proceedings- Judge is made to entertain an erroneous opinion touching nay point material to the result of such proceeding based on such fabricated evidence.
IPO 199: False statement made in declaration which is by law receivable as evidence.
IPO 200: Using as true such declaration knowing it to be false.
Ans :
Dear Sir,
Partition suit not decided on merits so res judicata not applicable.
Ans :
Dear Sir,
No judgment is required. It is common sense. How an employee will be promoted if his performance is low continuously for the last three years. Please share your details and I will find relevant judgments of HC and SC. You have get a stay on such enquiry
Ans :
Dear Sir,
You just call me I will give different suggestions. You must immediately approach police and also file a civil suit.
Ans :
Dear Madam,
No consequences as per SC judgment. Please call me. The relevant cases are as follows.
===========================================================================================
Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court
An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.
The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.
In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.
But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.
"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.
The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.
"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.
"The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors.
It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults.
=======================================================================================
Nobody has right to interfere if two adults get married, says Supreme Court
NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.
The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.
Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.
Solemnization of Marriage under Special Marriage Act
The purpose of this Government Order is to ensure that the defined process of service delivery for the Solemnization of Marriage under Special Marriage
Act is followed. This would facilitate the electronic delivery of services through the instructions and guidelines as described in the following sections of the
Government order. The important components of service delivery process is being listed below –
1. Process for Registering service request for Solemnization of Marriage under Special Marriage Act
The request related to Solemnization of Marriage under Special Marriage Act can be accepted at the Common Services Centre established under
Government of India 100000 Common Service Centre (CSC) scheme under NeGP and Suwidha centers operational in the state or any other
arrangement made by Government for accepting the request, without discretion of any kind. The Government Official should now onwards accept the
service requests through electronic channel only. The applicant has option to submit a service request through any of the below mentioned procedures:
http://edistrict.punjabgovt.gov.in/EDA/Downloads/Solemnization%20of%20Marriage%20_%20Govt%20orders%201.1.pdf
reast-font-family:"Times New Roman"; color:#333333;mso-bidi-language:KN'>
The top court initially ordered a probe by the National Investigation Agency into the marriage but later came around to acknowledging the couple's right to decide their present, and
Ans :
Dear Sir,
Pleales what side effects do you facing in that regard.
Ans :
Approach the High Court you will get some relief.
Ans :
How many times you ask Madam. The other side that is your husband not adduced any evidece. If your evidence is strong and convincing theh you will get order in your favour other wise your petition will be dismissed.
Ans :
Dear Student,
Get issue a legal notice and then file Writ Petition before High Court you will get justice. For draft legal notice contact me.
Ans :
No, you have note done any such serious offence.
Ans :
File a suit for permanent injunction let him contest the matter in Court.
Ans :
Get issue a legal notice.
Ans :
Please contact any local advocate for more information.
Ans :
Without going the doucments it is difficult to suggest.
Ans :
Recent citations can be provided on seing the facts.
Ans :
It can be only for limited purpose can be used
Ans :
Principles of resjudicata applies if suit is decided on merits.
Ans :
Dear Sir
Please show the GPA AND EVEDIENCE. Supreme Court fbanned GPA evidence.
Ans :
If you are in possesion then no need to bother.
Ans :
If you are in possession of the property then nothing to bother.
Ans :
No, you can resist in many ways. Call me I will tell you alaternative remedies.
Ans :
Please call me it cannot be answsered in one sentence.
Ans :
Nothing happend just tell them the tacts.
Ans :
It is not valid.
Ans :
You just sell the property immediately as there is no stay on it. Secondly you can put a case on your brother in Goa by filing private complaint. For more discussions write to me.
Ans :
Dear Sir,
You can file a declaration suit in Civil Court and get such relief. I can draft a plaint for such relief. Please share mored details.
Ans :
Dear Sir,
You are a man, why to worry. Nothing to worry. Take steps to give her a strong lesson so that she stop creating such nuisance. More in phone/mobile/personal consultation.
Ans :
The judgment will be pronounced on 7.6.2018 and he will be convicted, you will win. For more clarifications please call me.
Ans :
Dear madam,
You can file partition suit.
Ans : Dear Madam, The situation is in danger. Either of you must pay the arrears of maintenance and save the auction or get it auction and divide the proceeds between you but there is not guarantee that it will fetch a good amount. Or go to appellate authority and file a suit for partition.
Ans :
The law is as follows:
The Indian courts have been reluctant to restrain the employee from joining a competitor/other employer
========================================================================================
Non compete clause, it is prohibited under the Law of Contracts.
======================================================================================
Section 27 of the Indian Contract Act-1872 provides that ”Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void”.
Exception : One who sells goodwill of a business with a buyer to refrain from carrying on a similar business within specified local limits so long as the buyer, or any person derivingtitle to the goodwill from him, carries on a like business therein provided that such limits appear to the court reasonable, regard being had to the nature of business.
Indian law is therefore very clear and strict on this point, any such non compete agreement shall not be binding on the parties and the same shall be null and void. By using the term void ab initio, for such type of agreements it has shown that it has kept such non compete clause in the agreements beyond consideration. Indian courts have also consistently refused to enforce post termination non compete clauses in employment contracts as “restraint of trade” is impermissible under section 27 of the Indian Contract Act-1872, and have held them as void and against the public policy because of their potential to deprive an individual of his or her fundamental right to earn a living.
However considering the developed social, legal, and corporate circumstances, and the required confidentiality and the integrity of the employments, the judiciary has inclined its view towards giving some regard to the non compete agreements. In the case of ‘Niranjan Shankar Golikari Vs the Century Spinning and Manufacturing Company Ltd.’ , the Hon’ble Supreme Court observed that-“restraints or negative covenants in the appointment or contracts may be valid if they are reasonable”. Further in one case - V.F.S. global services Pvt. Ltd Vs Mr. Suprit Roy, 2008(2) Bom CR 446, the Bombay High court established the principle that a restraint on the use of trade secrets during or after the cessation of employment does not tantamount to a “restraint on trade” under section 27 of the Act and therefore can be enforceable under certain circumstances. In the case of Mr. Diljeet Titus, Adv Vs Mr. Alfred A Adebare & Ors 2006(32)PTC 609 (Del), Delhi High court held that “The real test was the degree of employment control to determine whether it was a contract of service…” .
Like these there are several other judgements of various High courts which have laid down certain tests or guidelines to check the validity and legality of imposition of restrictions on such non competing agreements. It shows that Indian courts may in certain circumstances enforce confidentiality agreements intended to protect an employer’s proprietary rights.
Like these there are several other judgements of various High courts which have laid down certain tests or guidelines to check the validity and legality of imposition of restrictions on such non competing agreements. It shows that Indian courts may in certain circumstances enforce confidentiality agreements intended to protect an employer’s proprietary rights.
Enforceability Of Employment Bond
1 Central Inland Water Transport Corporation v Brojonath Ganguly, (1986)IILLJ171SC
2 Niranjan Shankar Golikari v The Century Spinning and Manufacturing Company Ltd, AIR 1967 SC 1098
3 IBS Software Services Group v Leo Thomas, 2009 (4)KLT 797
4 Section 73 of the Contract Act, 1872
5 Section 74 of the Contract Act, 1872
6 Nandganj Sihori Sugar Company Ltd v Badrinath Dixit, & Ors, AIR1991 SC 1525
7 Gujarat Bottling Co Ltd v Coca Cola Company, AIR 1995 SC 2372
8 MANU/DE/6554/2011
9 MANU/AP/0416/2011
Introduction
The present era is experiencing phenomenal changes in the economy and industrial processes, which has resulted in greater business competition. To cope up with competition, the employers incur huge expenditure in imparting training to their employees for improving the quality of goods and services of the company. However, sometimes the employees leave their employment after honing the skills & improving the knowledge of the industry for better salary and incentives. The increasing rate of attrition subjects the employers not only to financial losses but also delays in completing the ongoing projects thereby directly impacting their goodwill & reputation in the market. Therefore, in order to safeguard their interest, employers have of late started to obtain an employment bond from their employees who are found suitable for training or skill development. Such employment bonds are agreements between the employer and employee wherein among other terms & conditions of the employment, an additional clause is incorporated which requires the employee to serve the employer compulsorily for a specific time period else refund the amount specified as bond value.
The question that arises here is whether such a method to retain employees is effective, acceptable and enforceable under the law. This article discusses the enforceability of employment bond and the rights available to the employers and employees under the agreement in light of various court decisions.
1. Employment bond: need and enforceability?
Generally before selecting employees for providing training or skill enhancement program, employers take necessary safeguard of conducting interviews, take assurances that employee will stick to complete the projects for which he is being trained and shall also train the other co-employees so that an effective and efficient work environment is created. However, employees still tend to leave for greener pastures and, therefore, it is increasingly becoming necessary for the employers to enter into an employment bond to safeguard their interests. If employee leaves the employment without serving the company for agreed time period, the employer is expected to suffer due to the undue delay in completing the work undertaken, which can ultimately affect its reputation/creditability in the market. To prevent such situations, the employer can compensate the loss incurred if a valid employment bond has been executed. Such bonds also deter the employees from committing any breach of the agreed terms and conditions.
Now, the most pertinent question that arises here is whether the employment agreement with negative covenant is enforceable under Indian laws? The simple answer is yes. Such employment agreements with the negative covenant is valid and legally enforceable if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake. The courts in India have held in its various judgments that in the event of breach of contract by the employee, the employer shall be entitled to recover damages only if a considerable amount of money was spent on providing training or incurred other expenses for the employee. Further, the courts have been reluctant to restrain the employee from joining a competitor/other employer. The employment bond will not be enforceable if it is either one sided, unconscionable or unreasonable. Therefore, it is pertinent to be cautious while drafting the employment bond because it is mandatory that the conditions mentioned in the employment bond, including the compulsory employment period and amount of penalty are reasonable in order to be valid under the Indian law. The term "reasonable" is not defined under the legislation and, therefore, the meaning has to be determined on a case by case basis depending upon the issues involved and circumstances of the case. In general, the conditions stipulated in the contract should justify that it is necessary to safeguard the interest of the employer and to compensate the loss in the event of breach of contract. Further, the penalty or compulsory employment period stipulated in the contract should not be exorbitant to be considered as valid and to be regarded as reasonable.
2. Challenging the enforceability of employment bond
The validity/enforceability of the employment bond can be challenged on the ground that it restrains the lawful exercise of trade profession or trade or business. As per section 27 of the Contract Act, 1872, any agreement in restraint of trade or profession is void. Therefore, any terms and conditions of the agreement which directly or indirectly either compels the employee to serve the employer or restrict them from joining competitor or other employer is not valid under the law. The employee, by signing a contract of employment, does not sign a bond of slavery and, therefore, the employee always has the right to resign the employment even if he has agreed to serve the employer for specific time period.1 However, the restraints or negative covenants in the agreement or contract may be valid if they are reasonable. For a restraint clause in an agreement to be valid under law, it has to be proved that it is necessary for the purpose of freedom of trade. For instance, if the employer is able to prove that the employee is joining the competitor to divulge its trade secrets then the court may issue an injunction order restricting the employment of the employee to protect the interests of the employer. Whenever an agreement is challenged on the ground of it being in restraint of trade, the onus is upon the party supporting the contract to show that the restraint is reasonably necessary to protect his interests.2
In order to execute a valid employment bond, the parties have to ensure that the following requisites have been complied: (i) the agreement has to be signed by the parties with free consent; (ii) the conditions stipulated must be reasonable; and (iii) the conditions imposed on the employee must be proved to be necessary to safeguard the interests of the employer. Further, the employment bond stipulating conditions such as to serve the employer compulsorily for a specific time period or penalty for incurring the expenses is in the nature of the indemnity bond and, therefore, such kind of employment bond has to be executed on a stamp paper of appropriate value in order to be valid and enforceable.3
3. Remedies available to employer and employee
In the event of breach of employment bond, the employer might incur a loss and, therefore, may be entitled for compensation.4 However, the compensation awarded should be reasonable to compensate the loss incurred and should not exceed the penalty, if any, stipulated in the contract.5 Usually, the court determines the reasonable compensation amount by computing the actual loss incurred by the employer having regard to all circumstances of the case. Even if the bond stipulates payment of any penalty amount in the event of breach, it does not mean that the employer shall be entitled to receive the stipulated amount in full as compensation on the occurrence of such default; rather the employer shall be entitled only for reasonable compensation as determined by the court. While exploring alternate remedies available to the employer in the event of default by the employee, it would be interesting and worthwhile to discuss whether the employers are entitled to seek for reinstatement of their employee or obtain restraining order against the employee from joining any competitor/alternate employer because many such similar reliefs have been sought by the employers in various suits. The apex court, while dealing with similar query, has held that the specific performance action cannot be sought for breach of contract of personal service or bond6 and, therefore, the employer shall not be entitled to seek for reinstatement of their employees as relief in the event of breach of bond. In another matter, the apex court has held that it is not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would indirectly compel the employee to idleness or to serve the employer7 and, therefore, the courts are also reluctant to grant injunction against the employees restricting their employment with other employer unless it is necessary for the protection proprietary interests or trade secrets of the employer.
As mentioned, the conditions stipulated in the employment bond should be reasonable in order to be valid and, therefore, even if unreasonable condition/clauses are stipulated in the contract such as imposing exorbitant duration of compulsory employment period or huge penalty upon the employee, the court shall award compensation only if it determines that the employer has incurred loss by such breach of contract. The court normally considers the actual expenses incurred by the employer, the period of service by the employee, conditions stipulated in the contract to determine the loss incurred by the employer to arrive at the reasonable compensation amount. For instance, in the case of Sicpa India Limited v Shri Manas Pratim Deb,8 the plaintiff had incurred expenses of INR 67,595 towards imparting training to the defendant for which an employment bond was executed under which the defendant had agreed to serve the plaintiff company for a period of three years or to make a payment of INR 200,000. The employee left the employment within a period of two years. To enforce the agreement the employer went to the court, which awarded a sum of INR 22,532 as compensation for breach of contract by the employee. It is crucial to note that though the bond stipulates a payment of INR 200,000 as compensation for breach of contract, the judge had considered the total expenses incurred by the employer and the employee's period of service while deciding the compensation amount. Since the defendant had already completed two years of service out of the agreed three year period, the judge divided the total expenses of INR 67,595 incurred by the plaintiff into three equal parts for three years period and awarded a sum of INR 22,532 as reasonable compensation for leaving the employment a year before the agreed time period. Similarly, the High Court of Andhra Pradesh in the case of Satyam Computers v Leela Ravichander,9had also reduced the compensation amount considering the period of service of the employee.
Conclusion
In view of the aforesaid discussions and various court decisions, the employment bond is considered to be reasonable as it is necessary to protect the interests of the employer. However, the restrains stipulated upon the employee in the said contract should be "reasonable" and "necessary" to safeguard the interests of the employer or else the validity of the bond may be questioned. The employees are always free to decide their employment and they cannot be compelled to work for any employer by enforcing the employment bond. The court can; however, issue order restricting the employment of the employee only if the said action is deemed necessary to safeguard the trade secrets/proprietary interest of the employer. In the event of breach of contract by the employee, the only remedy available to the employer is to obtain a reasonable compensation amount. The compensation amount awarded shall be based upon the actual loss incurred by the employer by such breach.
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You please take authentivatede information from the concerned departments.
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Your question is not clear.
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Dear Sir,
Yes you can resign and claim damages for demoralizing your career and future without your fault.
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Dear Sir,
You can write complaints to all the concerned. It will click at one stage. Courts will be angry if a police man belonging to disciplinary forces indulges into such indiscipline.
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Dear Sir,
After the death of your grand father your father has a right along with his another brother and sister. Now you can claim on behalf of your father saying the Will is not binding upon you.
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jjjjjjjfffftyrfdrfff
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Dear Sir,
You need not worry. Now you are staying outside Delhi no question of physical torture on her. Youra parents are aged. CAW can do nothing. Be at ease.
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Dear Sir,
Legal heir certificate and bank locker opening has many issues, you do not know how many persons claim over such properties. Purchase it leisurely after the legal heirs setttle their claim among themselves.
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Yes, you may ber dismissed but get a chance on upsc
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I am a lawyer by profession, and have followed the below given procedure for changing my own name. Let me use my experience to help you to change your own name.
Follow the below given steps for changing your own name.
Step 1 – Affidavit
Go to you local Notary and make an affidavit regarding change of your name. You have to mention therein your specific reason for changing your name. For example, you may like to change your name after marriage (especially for women), due to astrological or numerological reasons or anything. Recently, one of my friends was going to start his own company who was locally famous in his nickname, and thus he changed his name from Rishabh Agarwal to Saurav Agarwal.
Note: Here is your sample name change affidavit for reference.
Tips: Make a few copies of your affidavit, and preserve the original one carefully. It’s better to scan it, and preserve its electronic copy on your external hard disk as well as on multiple computers.
This affidavit can be used for changing your first or last name and also using the same, you can completely change your name (both first and last name, for example from Rishabh Agarwal to Saurav Verma).
Step 2 – Newspaper Publication
I, Sri ___________________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by affidavit sworn before the Notary Public, ______________ (place) on ___________ (date). Henceforth, I shall be known as _________________ (New Name) for all purposes. ______________ (Name) and _______________ (Complete postal address).
Full Signature
Fill in the blanks with appropriate details and publish it in your local newspaper.
Tips:
You can choose any 2 local newspapers for publishing it. (No need for FrontPage coverage). Although you need only once copy but its better to get ten copies of that newspaper in which your statement is published and preserve it carefully, because it’s now a lifetime issue. It’s better to preserve both the hard and scanned copies of the newspaper.
Step 3 – Gazette Notification
Now for getting your name published in the Official Gazette of your state, for example: “The Delhi Gazette”, you need to do the following things:
1. Visit your local Government Press or the department that mobilizes Gazette notification.
2. Get 2 copies of “Deed Changing Surname Form”. (Fill this form carefully as per the instructions provided therein)
3. If possible get the phone number, or the mobile number of the person of that department who can help you for Gazette Notification.
Verification
You need to send the following documents to the Secretary, Department of Commerce & Transport (Commerce), _________________ (State).
Letter to the Secretary, requesting him to allow you to change your name. (Click here to view sample letter)
The “Deed Changing Surname Form”
2 True copies of the newspapers in which your name change statement is published.
Attested copy of the Name Change Affidavit.
A print out of the statement in plain paper that you need to publish in your official Gazette. (Generally Same as your Newspaper Statement)
A Copy of your current identity like your Voter Identity Card, PAN Card, Birth Certificate, School or College Certificates and etc.
http://www.namechangetips.com/change-name/how-to-change-your-name-legally-in-india-3-easy-steps/92774
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Please get full details on the following limke . first offence is baailable nothing to worry.
http://devgan.in/ipc/section/354D/
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Better given simple reasons and get pay small penalty and be at ease.
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Dear Sir,
After deducting administrative expenses say 10% they have to return.
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Yes it is bounden duty of the Association to provide the same. Further it is not yer registered it is answerable to you only.
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DEFENCES FOR HUSBAND TO DENY OR REDUCE
If your wife has asked for maintenance under CrPC 125, here's your chance to learn everything about how to fight and deny or reduce maintenance under CrPC 125
This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan.
The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m. While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m. Somehow the facts of the case don’t add up for me. There must be more to it than the numbers mentioned in the judgment.
The logic of going for an EMI of 21K on a salary of 35K itself seems questionable. Surely reducing maintenance might be considered a sacred goal by many husbands, but taking such huge loan thereby living on the edge is probably not for everyone. Also, from facts of the case, husband has already accumulated huge arrears of maintenance, probably hoping that one day a higher court will reduce his maintenance to some very low amount. While an optimistic view is good in life, one should assess risk vs reward in these matters. Accumulating arrears in maintenance is a high risk thing, because there is no guarantee the higher courts may reduce the maintenance drastically. Further, one has to live with that uncertainty for a long time running around in courts, so best strategy should be to reduce interim maintenance right from the start, at trial court level.
We have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill.
The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are very rarely seen. Also the wife didn’t appear in HC at all for her own appeal. If any husband is lucky enough to have this kind of evidence (and a wife who admits in court to her faults 
) , of course they can make full use of it! This was how usage of CrPC 125 was intended to be, but after passing of laws like DV Act combined with the so-called ‘women empowerment’ trend, most of the time interim maintenance is granted based merely on allegations and the fact that wife is not staying with husband.
Important part of judgment below:
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Dear Madam,
You have to manage him otherwise it is very difficult. Take some family counselling.
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SC ruling on 'probate of will' under Indian Succession Act
NEW DELHI, FEB. 25. The bar that is imposed by Section 213 of the Indian Succession Act, 1925 - in the matter of obtaining `probate' of the `will' under which the right is claimed as an executor or legatee - ``is only in respect of the establishment of the right as an executor or legatee and not in respect of the establishment of the right in any other capacity, and the section does not prohibit the will being looked into for purposes other than those mentioned in the section,'' the Supreme Court has emphasised.
``The bar to the establishment of the right is only for its establishment in a court of justice and not its being referred to in other proceedings before administrative or other Tribunals,'' the Bench said and added ``the section is a bar to everyone claiming under a will, whether as plaintiff or defendant, if no probate or letter of administration is granted.''
Delivering the judgment, Mr Justice S. Rajendra Babu dismissed connected writ petitions from two Indian Christians seeking the court to restrain the Union of India from enforcing the provisions of Section 213 of the Act against the Indian Christians.
The plea of the petitioners - which was repelled by the Bench - was that there was no rational basis for making the requirement of `probate' necessary for only a limited section of Indian citizens such as Indian Christians excluding other sections.
The Bench, on analysis of provision of the Act, noted ``it is applicable to Parsis after the amendment of the Act in 1962 and to Hindus who reside within the territories which on September 1, 1870 were subject to the Lt.Governor of Bengal or to areas covered by `original jurisdiction' of the High Courts of Bombay and Madras and to `all wills' made outside those territories and limits so far as they relate to immovable property situate within those territories and limits. If that is so, it cannot be said that the section is exclusively applicable only to Christians,'' the Bench held.
``The differences are not based on any religion but for historical reasons that in British Empire in India, probate was required to prove the right of a legatee or an executor but not in Part `B' or `C' states, the Bench said and added that position has continued even after the Constitution had come into force.''
``Historical reasons may justify differential treatment of separate geographical regions provided it bears a reason and just relation to the matter in respect of which differential treatment is accorded,'' the Bench observed adding that ``Uniformity in law has to be achieved, but that is a long drawn process.''
``The scope of Section 213(1) of the Act is that it prohibits recognition of rights as an executor or legatee under a will without production of a probate and sets down a rule of evidence and forms really a part of procedural requirement of the law of forum, the Bench which included Mr Justice R C Lakhoti said and pointed out that Section 213(2) of the Act indicates that its applicability is limited to cases of persons mentioned therein
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You have to get Probate
SC ruling on 'probate of will' under Indian Succession Act
NEW DELHI, FEB. 25. The bar that is imposed by Section 213 of the Indian Succession Act, 1925 - in the matter of obtaining `probate' of the `will' under which the right is claimed as an executor or legatee - ``is only in respect of the establishment of the right as an executor or legatee and not in respect of the establishment of the right in any other capacity, and the section does not prohibit the will being looked into for purposes other than those mentioned in the section,'' the Supreme Court has emphasised.
``The bar to the establishment of the right is only for its establishment in a court of justice and not its being referred to in other proceedings before administrative or other Tribunals,'' the Bench said and added ``the section is a bar to everyone claiming under a will, whether as plaintiff or defendant, if no probate or letter of administration is granted.''
Delivering the judgment, Mr Justice S. Rajendra Babu dismissed connected writ petitions from two Indian Christians seeking the court to restrain the Union of India from enforcing the provisions of Section 213 of the Act against the Indian Christians.
The plea of the petitioners - which was repelled by the Bench - was that there was no rational basis for making the requirement of `probate' necessary for only a limited section of Indian citizens such as Indian Christians excluding other sections.
The Bench, on analysis of provision of the Act, noted ``it is applicable to Parsis after the amendment of the Act in 1962 and to Hindus who reside within the territories which on September 1, 1870 were subject to the Lt.Governor of Bengal or to areas covered by `original jurisdiction' of the High Courts of Bombay and Madras and to `all wills' made outside those territories and limits so far as they relate to immovable property situate within those territories and limits. If that is so, it cannot be said that the section is exclusively applicable only to Christians,'' the Bench held.
``The differences are not based on any religion but for historical reasons that in British Empire in India, probate was required to prove the right of a legatee or an executor but not in Part `B' or `C' states, the Bench said and added that position has continued even after the Constitution had come into force.''
``Historical reasons may justify differential treatment of separate geographical regions provided it bears a reason and just relation to the matter in respect of which differential treatment is accorded,'' the Bench observed adding that ``Uniformity in law has to be achieved, but that is a long drawn process.''
``The scope of Section 213(1) of the Act is that it prohibits recognition of rights as an executor or legatee under a will without production of a probate and sets down a rule of evidence and forms really a part of procedural requirement of the law of forum, the Bench which included Mr Justice R C Lakhoti said and pointed out that Section 213(2) of the Act indicates that its applicability is limited to cases of persons mentioned therein
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You have to apply and ger Probate
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Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court
An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.
The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.
In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.
But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.
"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.
The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.
"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.
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Dear Madam,
Your one message to police is enough. Otherwise your proposed husband/muslim may approach the HC with Habeas Corpus for your release from unlawful custody.
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Dear friend,
In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time.
Muslims can legally have more than 1 wife provided that each such marriage is done according to Sharia, which is also known as Muslim Personal Law. Which mandates that husband should be Muslim and wife should either be a Muslim or Kitabia (refers to Christians as well) at the time of marriage.
Second marriage by a Muslim, who is entitled to four wives, is not an offence under section 494 of Indian Penal Code, 1860.
You go to the police station and convince them or take sufficient time to be present before them. Nothing wrong you have done.
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Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court
An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.
The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.
In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.
But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.
"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.
The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.
"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.
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Dear Sir,
If she is not working woman she cannot put hands on your funds. Even otherwise it is you who had shared the amounts. You can ask the bankers to stop operations by your wife on such account.
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Dear Sir,
Court in Karantaka start woring from 28.05.2018
View the callender of High Court of Karantaka in the following link.
http://karnatakajudiciary.kar.nic.in/hckcalendar/Calender-2018.pdf
Secondly you must apply for appointment of ADLR for scientific measurement of if land under the following provision
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ORDER 26 RULE 10A. Commission for scientific investigation.- (1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the court, be conveniently conducted before the court, the court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the court. (2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
It may take 30 to 60 days to dispose the applicatin and then Court commissioner must visit the spot. |
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Dear Sir,
It is non-s\sense. It carries only statistical meaning of Electricity or orther authorities. You must be afraid of if any court case is
pending. Nothing like that.
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Dear friend,
You have clear antecedants. Not to bother. As on today no case is pending and you are not convicted in any criminal case. Enjoy you are entitled for any job published by UPSC or any other authority.
Ans : Dear Sir, Social Media....Complaints.....Press Release are powerful... get justice.
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Dear Sir,
It varies state to state. you may check on online of your state department of Stamps and Registration.
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Dear Sir,
You have to show the change of circumstances and court will hear the other side and pass the orders. You have file such petitin in the same court where Rs.5,000/- granted. Your advocae put the relevant sectins.
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Dear Sir,
You may get stay on such notice and then queshed. Nothing to bother. Go in appeal for not replying to RTI questions.
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Dear Sir,
You can get issue a legal notice and then appraoch Consumer Forum. For drafts you may approachme.
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Dear Sir,
You first appraoch the olice. then to any local lawyer and get the work done. If police donot co-operate then file private complaint.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. ? 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ?Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
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1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.
2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.
ANNULMENT OF MARRIAGE:
Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.
Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.
VOID MARRIAGE:
There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-
a) neither party has a spouse living at the time of the marriage
b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.
Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible with in two to four weeks.
Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.
Ans :
Dear Sir/Madam
If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Sixty months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:
12. Application to Magistrate.—
1. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
2. The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:
Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.
3. Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
4. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
5. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.
=============================================================================
In case of Divorce also Six month outer limit is provided under law:
“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.
=====================================================================================
It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..
Ans :
Dear Madam,
You are deemed wife under "live-in" relationship. File all the cases that may be filed by a legally wedded wife and stop second marriage.
Ans :
Recent Court Decisions Will Immensely Help Single Moms In India
http://www.womensweb.in/2016/12/courts-aid-single-moms-in-india/
Single moms in India often face enormous problems with having their name on the child’s passport and all such official documents. These recent court pronouncements are good news for single moms in India.
There has been a drastic increase in the number of single parent families in the recent past following medical advancement such as Artificial Reproductive Technologies (ART), in vitro fertilisation IVF and surrogacy, as well as lifestyle choices to remain single or unmarried, and other reasons such as divorce, widowhood, and flexible single parent adoption regulations, among others.
The courts in their judicial pronouncement have acknowledged the same after reiterating that “the single parent families are on the rise” and the court enumerated such case of single parent families as “like unwed mothers, sex workers, surrogate mothers, rape survivors, children abandoned by father and also children born through IVF (in vitro fertilisation) technology”. (Based on PTI reports, New Delhi May 21, 2016). In tandem with the same, there have been favourable changes in legal statues, policies, judicial pronouncements towards empowering single moms in India.
Easier for single parents to adopt
One of the most progressive developments is the Central Adoption Resource Agency (CARA) Guidelines 2015 issued by the Ministry of Women and Child Development governing adoption of children that permits a single female to adopt a child of any gender, whereas a single male person is allowed to adopt only a male child. Secondly, the age limit for single parent adoption has been lowered from 30 to 25 as well.
Single moms in India will find Passport making easier
In a breakthrough judicial pronouncement of this year 2016, the Delhi High Court in Shalu Nigam & Anr vs The Regional Passport Officer & others, (Writ Petition (C) 155/2016 & CM APPLs. 684-685/2016) held that “mother’s name alone is sufficient in certain cases where she is a single parent in passport and that the name of one’s biological father is not necessary in all cases”. “A single woman can be a natural guardian and also a parent”. Previously, In Mrs. B.S.Deepa vs The Regional Passport Officer, (Writ Petition No.29105 of 2014), The Madras High Court held that the Ministry of External Affairs is obliged to amend suitably the Passport Manual by incorporating additional columns in the passport applications for names of the step-parents, adoptive parents as required among others.
More amendments in Passport proposed
In line with this judicial development, the MEA is proposing amendments in the existing Passport Rules to allow listing the mother’s name alone to the exclusion of father’s name as the mandatory requisite in passport application, following the recommendation of the Women & Child Development Ministry on the same. The government acknowledged the contemporary socio-economic, and cultural changes in society on one hand andidentified the lacunas in the existing passport rules which do not address concerns of single parents who have opted for IVF babies or surrogacy, for adopted children, children of divorced, step children among others. (The Economic Times (Bangalore) Jul 22 2016).
Single (unmarried) mothers to have more rights
The supreme Court in ABC v. The State (NCT of Delhi) (Civil Appeal No. 5003 of 2015) directed the concerned civic authorities to issue birth certificate of the child with the mother’s name alone without requiring the name of the father subject to the requirement of an affidavit to be furnished by the concerned woman to this effect. An unmarried woman sought to be declared as the sole guardian of her child without sending notice to the other parent. The court permitted the same and directed that the privacy of the single unwed mother should be ensured. Futher, the Supreme Court also held that the name of the father is not required in securing child’s birth certificate, passport and school certificates, and related documents.
Formerly, The Gujarat High Court in Rashi Yogesh Sadariya vs Director & others, (Special Civil Application No. 12924 of 2015) held that the “petitioner being a single parent and biological natural guardian has right to put her (surname) name after the name of her minor daughter in the birth certificate following by mutual consent divorce from her husband”.
These landmarks cases are setting precedents to be followed in subsequent cases and charting out unprecedented rights, better entitlements for women following liberal interpretation, and amendments accommodating modern trends of family formation.
Ans :
Dear friend,
It is doubled edged. Either you may get a reward or you may be booked. If you have guts then lodge complaint with police orelse bed silent.,
Ans :
Dear Sir/Madam,
You have sereral options. You may meet me inperson with the permission of administrators of this website.
Ans :
Dear Sir,
You have sereral options. You may meet me inperson with the permission of administrators of this website.
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Dear Sir,
Just keep daughter in your house and express in the Court to pay only PG Center charges so saying filie divorce case.
Ans :
Dear Sir,
Alternative methods to be used. Like mortgaging the property to some strong person and ask him to ger her vacated.
Ans :
Dear Sir,
As per our customs it will be equally devided between daughters and daughters-in-law.
Ans :
Dear Sir,
Say you divorced her as per your family customs and marry again. See the following judgment online.
Supreme Court of India
Yamanaji H. Jadhav vs Nirmala on 1 February, 2002
Author: S Hegde
Bench: N. Santosh Hegde, Doraiswamy Raju
CASE NO.:
Appeal (civil) 4969 of 1998
PETITIONER:
YAMANAJI H. JADHAV
Vs.
RESPONDENT:
NIRMALA
DATE OF JUDGMENT: 01/02/2002
BENCH:
N. Santosh Hegde & Doraiswamy Raju
JUDGMENT:
SANTOSH HEGDE, J.
The appellant in this appeal was the defendant in O.S.No.156 of 1982 before the Principle Munsif
Bijapur, which suit was filed by the respondent plaintiff praying for a declaration that a divorce deed
dated 26th of June, 1982 executed by her was obtained by coercion and threat and for cancellation
of the same. The said suit came to be dismissed by the trial court and an appeal against the said
judgment being dismissed, the respondent plaintiff appealed to the High Court. The High Court in a
second appeal has reversed the finding of the courts below and has decreed the suit with a further
direction that the concerned District Judge should file a complaint against the plaintiff for an
offence committed by him against his wife within three months from the date of the receipt of the
said judgment. As noted above, the appellant plaintiff is before us in this appeal.
We will refer to the parties in their status in which they were arrayed in the trial court.
The case of the plaintiff in the trial court was that her marriage with the defendant was solemnized
on 26th of May, 1978 and though they lived as husband and wife for some time, she was constantly
ill-treated by her husband consequent to which she was hospitalized. Subsequently the defendant
had filed a matrimonial suit for divorce in the year 1979 and the said suit came to be compromised.
However, the relationship between the two did not improve and husband was continuing to demand
a divorce from her. Ultimately, she was sent back to her parental home because of which she was
constrained to file a petition for maintenance. It is further claimed that the defendant forcibly took
Yamanaji H. Jadhav vs Nirmala on 1 February, 2002
Indian Kanoon - http://indiankanoon.org/doc/1641482/ 1
Ans :
Dear Sir,
You discontinue paying Rs.18.000/- per month. Just offer decent PG accommpdation saying if she resides in her parents house then her mind will be polluted.
Ans :
No
Ans :
no
Ans :
Yes they can have a share in their mother’s jewellery. In India it is practised in many families. It is a sacred tradition where a mother gifts her daughter some jewellery and the daughter after marriage can keep it with her. The mother daughter jewellery helps to show the bond which signifies the love that they share between them
Ans :
Yes they can have a share in their mother’s jewellery. In India it is practised in many families. It is a sacred tradition where a mother gifts her daughter some jewellery and the daughter after marriage can keep it with her. The mother daughter jewellery helps to show the bond which signifies the love that they share between them
Ans :
Dear Sir,
You need not attend the Court. Execute power of attorney and file a suit for possession.
Ans :
Dear Sir,
If you have lost or misplaced your share certificates of any listed company, you need to immediately inform the respective company—of which you had the shares. You also need to quote the folio number and details of share certificates to the company for their reference. When a company receives an intimation that you have lost the shares, the folio number or the details provided to the company are frozen—in lieu of the lost one. This is done by the company to prevent any fraud or transfer of shares.
==========================================================================================
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Ans :
Dear Sir,
If you have lost or misplaced your share certificates of any listed company, you need to immediately inform the respective company—of which you had the shares. You also need to quote the folio number and details of share certificates to the company for their reference. When a company receives an intimation that you have lost the shares, the folio number or the details provided to the company are frozen—in lieu of the lost one. This is done by the company to prevent any fraud or transfer of shares.
=====================================================================================
Section 372 in The Indian Succession Act, 1925
372 Application for succession certificate. —(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Ans :
Dear Sir,
Even if you are in home problem will come. Be neutral till charge sheet is filed.
Ans :
Dear Sir,
It is common sense that for any amount received one must issue receipt. If you receive the amount then it is obligatory on the
part of receiver to issue online receipt.
Ans :
Dear Sir,
You may purchase it, because of following reasons, there will be no risk. Believe me.
According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.
Living in a flat without occupancy certificate? You may lose power
BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.
The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.
In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.
Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.
Ans :
Dear Sir,
File a suit for declaration and posession.
Ans :
Dear Sir,
You may appraoch the HC and get a direction for early disposal.
Ans :
Dear Sir,
Just issue a legal notice to his wife and who in India and thereafter file a suit for recovery of money. You can execute it.
Ans :
Dear Sir,
Yes, he can not ask your to change your house overnight unless he prove his bonafides. Now the case in the Court . Let the matter decide in Court. If fails go in appeal. Reside there itself as landlord given lot of trouble to you.
Ans :
Dear Share,
It is a difficult task to solve your problem, if I answer without referring the documents then you will be misled. Please come to my office.
Ans :
No
Ans :
Dear Sir,
Try to learn patience. Try to get work done nincely. You may lodge complaint but you will be frustated if result does not come. You will get your amount, be assured.
Ans :
Dear Sir,
If you have not entered the shop then immediately issue intimation by all reconginsed modes and ask him torefund the
advance amount paid, please site strong reasons for your cancellation. Legal notice should be given. For draft notice write to my
e-mail kalaskarnetra@gmail.com with copy of your rent agreement.
Ans :
You are entitled to file contempt for noncompliance. I you wish I will prepared draft Contempt if you provide me details.
Ans :
I have answered above question on another platform.
Ans :
Yes, you can file.
Ans :
You may consult any Senior HR of Gujurat State.
Ans :
You have to approach the police for selling such goods illegally. The police will trace out the actual culprits.
Ans :
The Lower Court has to obey the orders of High Court unless stay order if any issued by Supreme Court is produced by other side. Atleast they should have filed affidavit stating that the approached Supreme Court.
Ans :
You have to file suit for partition, stating that the sale deeds are not binding upon and for possession of property and seek for partition by metes and bounce.
Ans :
Yes, they are required to follow.
Ans :
Yes, they are required to follow.
Ans :
If you desire you may lodge complaint against your in-laws except your husband. Then police will help you. If not you may also lodge complaint with Magistrate directly by way of private complaint.
Ans :
Yes, the mother always have access rights towards her daughter. Court may pass necessary orders in regarding to visiting terms.
Ans :
You may file a suit for injunction restraining all the enemies from touching your brother or interferring with his person and liberty except in due course of law.
Ans :
Dear Friend,
In India defamation cases rarely decreed. Nothing to worry except proposed cases under dowry prohobition Act.
Ans :
Dear Sir,
In rarest of rare circumstances such suits will be filed for getting divorce. In my view you may had some other grounds also to get divorce.
Ans :
Dear Friend,
File a suit for eviction or possession.
Ans :
Dear Friend,
You get a rejection order from your employer and then approach Appropriate Court or High Court.
Ans :
Dear Friend,
The writer has to explain under what circumstances he violated the terms of agreement, if explanation is not satisfactory then Court may ask the writer to pay certain amount of damages/compensation to the publisher.
Ans :
Dear Friend,
Just advance the case and file an application with new address of accused with a request to recall earlier NBW and to re-issue NBW on new address. Court will definitely consider your application and pass necessary orders.
Ans :
I already answered in another platform.
Ans :
Already answered above question on another platform, by me.
Ans :
Dear Friend,
Every State is having its own rules under the following Act.
Registration of Births and Deaths Act, 1969
http://des.kar.nic.in/docs/crs/RBD1969E.pdf
13. Delayed registration of births and deaths (1) Any birth or death of which information is given to the Registrar after the expiry of the period specified there for, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. (2) Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. (3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. (4) The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.
BBMP PROCEDURE
http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e
Ans :
Legal Metrology (Packaged Commodities) Rules, 2011.
The Legal Metrology Act, 2009 came into effect from the 1st of April, 2011, replacing the Weights and Measures Act. The Act was passed with the purpose of establishing and enforcing standards of weights and measures or aspects incidental to the same.
Under the act, there are various rules, but a crucial arm of the act is the Packaged Commodities Rules, i.e. Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as “Rules”).
The Department of Legal Metrology falls under the Department of Consumer Affairs, and is therefore concerned with fair and honest practices in relation to all aspect of trade. The Rules deal with goods that are packaged and provide inter alia how declarations are to be made and what declarations are to be contained in a packaged commodity that is meant to be for sale.
Why are Declarations required in Packaged Commodities
It may be questioned why declarations are required in the first place, after all, when we buy vegetables or meat from sellers, or groceries from vendors that are not packed, they are not mandated to provide any declarations with respect to the same.
The probable answer is because when we buy the things in an unpacked form, we know who we are buying it from, or the identity of the seller, on occasions we even see it being manufactured in front of us (for example flour), however when we buy goods that are packaged we do not know where they are from or how fresh they are or when they expire. Hence it can be said that the purpose of the Rules is to ensure that the end consumer gets clarity and all relevant information when he buys a product that is in packaged form.
Are all Packaged Commodities covered under the Rules
Yes and No. While certain provisions are applicable for all packaged commodities there are certain rules that do not apply to certain kinds of commodities. Chapter II of the Rules, for example, deal with packages that are meant for retail sale, these provisions would not be applicable to certain kind of commodities.
Beyond the obvious, these rules would not be applicable for products meant for institutional or industrial consumers, i.e. those institutions who directly purchase from the manufacturer for use by the said institution OR consumers who buy the products directly from the manufacturer for use in that industry.
For example, a hospital buying packaged paint directly from paint company would amount to an institutional consumer, and the products would not require the declarations that otherwise are required had the products been sold in retail market.
Similarly, an automobile company that buys packaged paint and consumes it for the purposes of painting the vehicles would amount to an industrial consumer and the packaged paint would similarly not require the declarations otherwise required.
Further, commodities which contain quantity of more than 25 kg or 25 litres (50 respectively in case cement and fertilizers) are exempted from the specific requirements of retail packages.
Additionally, the Rules do not apply to certain packages even if they satisfy all other criteria if: [1]
Which Declarations are Mandated under the Rules
Rule 6 of the Rules dictate the declarations that must be present in every packaging. They include: –
(a) The name and address of the manufacturer/importer/packer, as may be applicable. Note that if the manufacturer and packer are separate entities then their names are to be mentioned separately. Also it is to be noted that address to be mentioned is registered office address (this is a departure from the Weights and Measurements Act as well as the earlier iteration of the rules – this clarification and amendment came into being vide GSR 385 – E, dated 14th May, 2015, with effect from 1st January, 2016). It is to be noted that this declaration is waived if the product is or contains a food article, instead the specific provision under the Food Safety and Standards Act, 2006 will be applicable.
(b) Generic name of the commodity being sold.
(c) Price at which the product is being sold, inclusive of all taxes. Note that there is a specified format at which the same is to be declared, viz. “Maximum Retail Price ……………… Inclusive of all taxes” or “MRP ……………… Inclusive of all taxes”. The symbol of the currency is to be mentioned, i.e. the Rupee symbol, or Rs. or INR. Price is to be declared up to two decimal places.
(d) Date of manufacture/packaging/import, as the case may be, viz. the month and year. If the date of packaging and manufacture differ, separate declarations are to be given.
(e) Quantity of the commodity (explained in further detail later on)
(f) Name, address, telephone number, e-mail address of the person or office who can be contacted for consumer grievances.
Are these the only Declarations
Not necessarily. Different acts may have other requirements, for example the Food Safety and Standards Act requires certain declarations, but these are all in addition to the basic and fundamental declarations under the Rules.
How and Where are these Declarations to be Made
Just declaring the above mentioned mandatory declarations aren’t sufficient, they have to be made in a particular manner.
The declarations are to appear on the principal display panel of the packaged commodity, and what constitutes the principal display panel is determined as follows:
However, it is to be kept in mind that for the purpose of calculating principal display panel area, the top, bottom, flange at the top and bottom of cans, and shoulders and neck of bottle and jars shall not be included. [3]
Also, the height of fonts is an important aspect of the declarations.
As the purpose of the Rules is to ensure that consumers are made aware of the nature of the goods – specific provisions are in place to ensure that the declarations are prominent and legible. [4] As these are vague and subjective terms, the font height and size are important aspects to ensure that the packaging declarations are made in a proper manner.
Rule 7 (3) provides that the height of any declaration should not be less than 1mm and if the nature of declaration is such that it may be embossed or perforated or molded or blown or formed, then the height should not be less than 2mm.
There is a separate provision for height of ‘numerals’ in the declarations as denoted by the below mentioned tables.
When Quantity is declared in terms of Weight/Volume
|
Net Quantity |
Minimum Height in mm |
|
|
Normal Case |
When molded, perforated, embossed, formed, blown |
|
|
<200 g / ml |
1 |
2 |
|
>200 g / ml < 500 g / ml |
2 |
4 |
|
>500 g / ml |
4 |
6 |
When Quantity is declared in terms of Length/Area/Number – area of Principal Display Panel
|
Net Quantity |
Minimum Height in mm |
|
|
Normal Case |
When molded, perforated, embossed, formed, blown |
|
|
< 100 cm2 |
1 |
2 |
|
> 100cm2< 500 cm2 |
2 |
4 |
|
>500 cm2<2500 cm2 |
4 |
6 |
|
>2500 cm2 |
6 |
6 |
As we can see from the tables above, while the height of the letters in a declaration are to be at least 1mm, for numerals it ranges from 1mm to 6mm.
While it may appear obvious, it is important that we understand what a numeral is because it has an important impact on the manner of declarations, including practicality [5] and aesthetic value of the artwork.
The meaning of numeral has not been defined either in the Act of 2009 or in Rules of 2011. Meaning of the word numeral therefore will have to be looked into Dictionary. Meaning of Numeral has been given in Online Oxford English Dictionary as below:
‘A figure, word or group of figures denoting a number’ [6].
Therefore a numeral needs to be a number. Neither the Act of 2009 nor the Rules of 2011 have defined ‘number’. Once again therefore one has to look into Dictionary.
Meaning of number has been given in Online Oxford English Dictionary as below :
‘An arithmetical value expressed by word, symbol or figure, representing a particular quantity.’ [7]
From the above it is clear that ‘numeral’ is a ‘number’ having an arithmetical value and a number not having any arithmetical value is not a numeral.
Therefore postal pin codes, telephone numbers, Road Nos., City Survey Nos. etc. are not numerals. Such numbers do not represent any value. For example, performing functions of addition, deletion, subtraction or division of quantity expressed in numbers or price in numbers is possible and brings about an arithmetical value. However, the said functions cannot be performed on pin codes are telephone numbers. Such numbers do not have any arithmetical value.
What are the Numerals in the Mandatory Declarations
It is the author’s view that the declarations amongst the six mandatory declarations that should be considered as numerals are:
These are the only fields on which arithmetical operations can be performed; as illustrated above.
Special Requirement while Declaring Quantity
The Rules specify that the space surrounding the quantity declaration should be devoid of printed information at least to the following extent:
Can Labels be Used to Make the Declarations
Not all manufacturers and traders are equipped to make the declarations on the artwork of the packaging, the same requires substantial investment and printing costs which a manufacturer or packer may understandably want to avoid; comparatively the costs associated with sticking labels on the product are substantially lower and require lesser investment – therefore labelling on the product is allowed for the purpose of making the declarations. However, this is done through a negative right.
The provisions state that it is not permissible to apply individual stickers[9] on a package for either altering or making declarations. While this provision prima facie disallows a party from making individual declarations through labels – as a corollary it also permits making all mandatory declarations through a single label.
What about the Declarations the Values of which Regularly Vary
Changing an artwork is a time taking and expensive affair, for declarations such as date of manufacture which is bound to vary frequently (every month) it is impractical to make the entire declarations through artwork.
While the act is silent about the aspects of this, the general practice across industries (which prefer declarations through artwork as opposed to labels) is that barring date of manufacture and maximum retail price – all declarations (viz. generic name of product, name and address of manufacturer/packer/importer, quantity, customer care declarations) are made on the artwork and a blank space is left for declaring the MRP and the Date of Manufacture/Packed Date/Date of Import.
These details are then imprinted on the artwork through a separate inkjet, dot-matrix, or any other kind of printer. As the rest of the declarations for a particular artwork will always remain constant, this is the preferred way to make declarations.
Can Stamps be used to Make the Declarations
There is nothing in the provisions that specifically prohibit the use of stamping to make declarations. But it is of interest to note that previously a proviso to Rule 6 (1) (d) [10] stated that a manufacturer could indicate the month and year using a rubber stamp. This proviso has since been omitted [11] for unknown reasons.
Rule 9 (1) (b) however states that numerals of the retail sale price and net quantity declaration ought to be painted, inscribed, or printed. This could be an indication that stamping is disallowed, at least with respect to the abovementioned declarations.
Units to be Used in the Declarations
All units in the packaging material should follow International System of Units (S.I) system. For items sold by number, the qualifying symbol used should be “N” or “U”.
For depicting length, if the quantity is less than one meter, it is to be depicted in centimeter. Else, meter.
For depicting mass, if the quantity is less than one kilogram, it is to be depicted in grams. Else, kilogram.
For depicting area, if the quantity is less than one square meter, it is to be depicted in square decimeter. Else, square meter.
For depicting volume, if the quantity is less than one litre/one cubic meter/one cubic decimeter, it is to be depicted in millilitre/cubic centimeter/cubic centimeter respectively. Else, litre/cubic meter respectively. [12]
A schedule to the Rules specifies certain products (i.e. their generic name) and in terms of what their quantity is to be declared. For example, curd is to be expressed in terms of weight, but ice cream and other similar frozen products are to be expressed in terms of weight OR volume. The schedule however only specifies twenty six items, and Rule 12 states how other products may be declared, viz.
Dimensions of the product may be additionally required to be mentioned in case the same is a pertinent factor for the product in question.
The Second Schedule to the Act also specifies certain commodities (i.e. their generic name) and their standard pack sizes, such mentioned products can only be sold in the specified quantities[13], for example Mineral Water and Drinking Water can only be sold in quantities of 100 ml, 150 ml, 200 ml, 250 ml, 300 ml, 500 ml, 750 ml, 1 litre, 1.5 litres, 2 litres, 3 litres, 4 litres, 5 litres, and subsequently in multiples of 5 litres.
For products that do not fall under the ambit of this list, there is no such restriction with respect to pack sizes.
Combination Packs
We frequently see one product containing a number of components which are packed in two or more units for sale as a single commodity (for example razor handle and razor being sold as a kit). In such cases, the declarations required should appear on the main package and such package should also contain information about the other accompanying packages.
From the wordings, it is clear that main package does not amount to a single package in which each of such components are contained, but refers to the single most important component of the package.
It is important to understand what would be construed as the ‘main package’ in such instances, for the aforesaid example it is clear that the razor handle is the main package but for every possible scenario it may not be as lucid.
Therefore, the provision also gives the option of giving independent declaration for all of the components and intimation to that effect should be reflected on the main package. But this is a potential grey area that the law should address.
Wholesale Packages
The Rules define ‘Wholesale Packages’ to mean packages
Wholesale packages do not require all of the declarations as provided under Rule 6, but it is mandatory that they state:
Miscellaneous Provisions
If a product has an outside container or wrapper, the said container/wrapper should also have the relevant declarations. However, this requirement is waived if the container/wrapper is transparent and the declarations are easily readable through such external packaging. [14]
If a product is likely to undergo variations in quantity that are significant owing to environmental or other factors can be qualified by the words “when packed” in its quantity declaration. This allowance is presently restricted to soaps, lotions, creams (other than cream of milk), and camphor. [15]
When stating quantity in terms of weight, the weight of packaging and/or any other object apart from the product is to be excluded. [16]
Additional Information and Penalty for Offences
The Rules additionally provide for registration of manufacturers, packers and importers with the Director of Legal Metrology or State Controller of Legal Metrology which is a mandatory requirement.[17] Penalty for non registration is a fine of Rs. 4000/-[18].
Penalty for quoting or publishing non-standard units[19] is a fine of Rs. 2000/- (if compounded by retailer/wholesaler/dealer) or Rs. 4000/- (if compounded by manufacturer/packer/importer).
For manufacturing, packing, importing, selling, or offering to do any of the above with respect to products which do not adhere to the Rules pertaining to the declarations – the penalty amount may extend to Rs. 25,000 for the first offence. For the second offence, the fine may extend to Rs. 50,000 and for any subsequent offence the fine would not be less than Rs. 50,000 and may extend to Rs. 100,000 or imprisonment which may extend upto one year, or both. [20]
For manufacturing, packing, or importing with error in net quantity – for the first offence, no less than Rs. 10,000 fine but which may extend upto Rs. 50,000. For second and subsequent offences, the fine may extend upto Rs. 100,000 or with imprisonment for upto one year, or both. [21]
Selling products for more than the MRP declared is subject to a fine of Rs. 2000 for retailers or wholesale dealer, and Rs. 5000 for manufacturer or importer. [22]
For any other offence under the Rules, the penalty amount payable shall be Rs. 2000. [23]
The Act also provides for appealing before the relevant state Controller against the findings/order of the Inspector.
Practical Challenges & Conclusion
In spite of the noble intentions, there are certain stumbling blocks being faced in implementation of the Rules. Lack of manpower to check and enforce the provisions of the Rules is a continuous issue being faced by most state governments. [24]
Further, while the penal provisions lay out consequences of offences and subsequent offences – and there is clearly no intention of restricting the offences to a particular jurisdiction, this inadvertently occurs.
Ideally an offence committed in any state should count as an offence and another offence committed in another state should amount to a subsequent offence; however, owing to difficulties in coordination between different state bodies, offences are tracked independently by each state, so an offence, even if committed by an entity for the nth time but for the first time in a particular state – the same amounts to a first offence.
With the present Government’s increased encouragement of digitization perhaps the day is not far off that a central repository would be kept where offences are tracked irrespective of where they occur.
Lastly, the Legal Metrology Inspectors who carry out checks and seizures are often not very familiar with the Rules themselves, and are not aware of the latest case laws in the matter. This results into unnecessary complications and dragged out proceedings which do not serve the interests of any party concerned. Training programs should be conducted from time to time for knowledge updating of the very people who practically monitor and enforce the law in this regard.
References
Statutes
The Legal Metrology Act, 2009
The Legal Metrology (Packaged Commodities) Rules, 2011
Ans :
The above question already answered on some other platform, by me.
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Dear Friend,
Your desire is appropriate since your only daughter is under custody and care of her mother. It is a challenge to the courts in India. File an application under section 151 of Civil Procedure Code seeking permission for adoption of a child. Normally the Lower Courts may reject it but the Higher Court on appeal may certainly allow such prayer.
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Dear Friend,
File an application under 151 of Civil Procedure Code seeking permission to retrive the jewels from the locker. On such application husband may file objections and then the judge may pass favourbale orders, if orders are against you then you can approach High Court, where you can get appropriate favourable orders.
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Documents may be perused before any legal opinion is given. Please contact me in person if you interested.
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Dear friend,
Due to mushroom of Univiersities we are unable to know which is legal degree and which is bogus. Now it is
for you to rush to the Court to declare it as genuine and valid.
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Dear Friend,
If there is a doubt about the genuineness of a will, the burden of proof that it has been validly executed and that is a genuine document is on the propounder, the Supreme Court has held. Please visit the following link:
http://www.thehindu.com/todays-paper/tp-national/court-its-for-the-propounder-to-prove-that-will-is-genuine/article3039161.ece
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Dear Sir,
Just visit the office of local authority like Municipality, Weights and Measurement and Sales Tax and register your shop as that of new establishment.
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Dear Sir,
Just file a complaint with police if you wish or directly file a complaint before Magistrate through advocate
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Dear frined,
Consumer Court may order for paying compensatin and then such order will be challanged in the appellate forum. You must have patience to see the result of litigation
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Dear Sir,
If you have any objection then raise the same and court will pass necessary orders.
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Dear Sir,
You have to file a suit against your brother who has not extended consent for entering your individual names, Court may decide the matter immedately if that brother do not appear.
If you send entire records through courier then i will be in a position to advise you properly.
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Dear Sir,
Your landlord cannot force you to purchase the property. He has to issue a legal notice and then go to Court to take the possession of the tenanted premises from you. Forcibly, without recourse to law he cannot take the possession from you.
If you send entire records through courier then i will be in a position to advise you properly.
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Dear Sir,
You are correct. Pending final dispossal of appeal, the High Court has suspended the operation of judgment passed by Family Court. It is cannot be said that lower court order was quashed. The High Court may pass final orders after hearing advocates for both the parties and such order become final.
If you send entire records through courier then i will be in a position to advise you properly.
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Dear Sir,
Since appeal is withdrawn, without reserving a right to prefer another appeal, then the judgment pronounced by Trial Court would become final and binding. However, if such withdrawal was made without the knowledge of appellant or otherwise then such withdrawal order can be set aside and appeal may be continued.
If you send entire records through courier then i will be in a position to advise you properly.
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Dear Friend,
If public prosecutor failed to examine any Charge Sheeted witness then you may take benefit out of it instead of summoning them (which is permissible under Law) as your witnesses since they may spoil your defense and on the other hand strengthen the case of prosecution side.
Secondly, normally in India examination of blood related relatives is not barred and conviction may be based on the sole testimony of such witnesses.
If you send entire records through courier then i will be in a position to advise you properly.
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Not related to Legal.
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Please Consult Experienced Tax consultant.
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Dear Sir,
The results are declared lately because of virus attack, which is not in your hands, it is purely a technical defect. You can protect yourself and your college administration if you have taken all precautions, and even then such virus attack was occured. The Court will accept such defenses.
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Till you are cleared, you are not entitled for promotion. You challange the action of empoyer for wrongly indicating you for charge sheet.
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Dear friend,
If the proeperties are ancetral proerties then you will the the same on filing a suit. Court can cancel the sale deeds.
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Dear Sir,
As per following judgment of SC GPA sales are not valid. The alterative remedy is to file a suit for declaration and get consent decree.
No property sale on power of attorney: Supreme Court
The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.
New Delhi, October 13, 2011 | UPDATED 12:11 IST
A +A -
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
Navin Raheja, chairman and managing director of Raheja Developers said, "The court's decision will help to curb the circulation of black money to some extent in the real estate sector where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected. However, overall there won't be any significant impact on normal property sales."
The apex court said there can be no mutation of property in municipal and revenue records on the basis of such documents. The bench, however, clarified that its order should not be a ground for disturbing mutations already effected by the Delhi Development Authority (DDA) or any other authority.
But, there is little relief for thousands of people who hold property without mutation as GPA sales can only be treated as existing sale agreements. An application of the order with prospective effect would have protected their interest. The court, though, stressed that it had merely reiterated the well- settled legal position that such transactions cannot be treated as completed transfers.
The court could not make the order applicable with prospective effect as it had not laid down any new law. However, it said that those who had already bought property through GPA before its judgment could use the documents to apply for regularisation of allotments and leases by development authorities.
"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act," the court said.
In order to ensure that GPA continues to serve its purpose, the court said its judgment will not affect the validity of sale agreements and powers of attorney executed in genuine transactions. "For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance."
The court further said that a person can enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings. In that connection he can execute an agreement of sale and grant a power of attorney that will allow the developer to further sell the property to prospective purchasers.
While hearing a matter on the subject, the court had decided to clarify the law on the issue as such transfers had not only led to evasion of stamp duty and registration charges but had also provided scope for investing black money in real estate. Besides, such transfers were giving nightmares to bona fide purchasers as the same property could be sold to several people in the absence of verification or certification of title. A proper verification of ownership was possible only if all property were transferred through registered sale deeds.
Noting that such transactions were now not just limited to Delhi but had spread to neighbouring areas, the court had sought the views of the Centre and the states of Delhi, Haryana, Punjab and Uttar Pradesh. There was a near unanimity that such transactions should be discouraged as it caused loss of revenue and increased litigation due to defective titles.
Going into the legality of such transfers, the court said any contract of sale which was not a registered sale deed would fall short of the requirements of the relevant provisions of the Transfer of Property Act and could not confer any title.
The court said a transfer of property by way of sale could only be by a sale deed. "In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred," the bench said.
Ans : You can file complaint with poiice or with the Magistrate directly. you may clam protection your person and property. Keep your documents in safe locker of any nationalized bank.
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no.
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1. She cannot take legal agreement from you,
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Please open locker in bank and deposit your documents in it.
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Just open bank locker and keep the documents in it.
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1.If he had filed cheque bounce case then contest it and defend it, it will be dismissed as you are having sufficient evidence.
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1. Since alleged offences carries three years punishment as such it may be compounded under section 320 of CrCP.
2. Secondly, since parties are compromised so a petition under section 482 CrPC may be filed before High Court to cash chargesheet in resoect of offences under section 66c of IT Act.
3. Even otherwise you can file WP before High Court seeking a mandamus against trial court to accept your compromise petition and compound the said offence on the ground of compromise between the parties.
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1. You have not cited, as to why your parents troubling you. All right it may be your personal matter but a person who does not believe his/her parents may not also believe others, let it be, as a professional i answer your question:
2. You may keep your original educational certificates in a bank locker since it is considered as most safest place.
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The following options are open to you:
1. You may issue a legal notice calling upon the builder to put into any area which was promised to you as per agreement.
2. You may approach by way of complaint before consumer forum, it is economically viable but result cannot be expected.
3. You may approach Civil Court for necessary directions and alternatively relief for damages etc., here you could get expected relief.
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You cannot transfer property tax when society not came into existence.
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Dear brother,
Why do you bother at this young age, you brother will sort out the problem
The Court always takes into confidence both the parties. If your sister in law not ok with her mother in law then court cannot force her. Any settle the matter amicable. Keep your mother with you and send your sister in law with your brother o.k.
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No, as the unmarried died issueless so there cannot be any allotment of shares to them.
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1. You have to get stay on that notice.
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1. Better excute Will or incorporate conditions of your desire in the Gift Deed and get it registered.
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1. It is civil matter, you can get an order from Court and then police office assist you.
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Please entire history and offences alleged.
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1. Better if you put it chronologically and step by step.
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1. If Sunita was real owner and some titled deeds stands in her name, then there arises no question of cancellation of Sale Deeds on the ground that mutation was not effected in her name.
2. The jurisdiction of Assistant Collector(Revenue) is vary narrow and he has no power to decide the title of a person and also not having powers to declare sale deed as null and void.
3. The aggrieved person has to approach then the concerned purchases may establish the tiltle of Sunita.
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No answer required.
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The earlier answer applies to this question.
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1. You can lodge such complaint soon after verdict is announced and appeal period of 30 days is expired without appeal.
2. The relevant provision is extracted below, but it is not clear whether the victim was married at the time of incident and what is the status of victim as on today.
Section 497 in The Indian Penal Code
497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
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1. Simply because katha was not transferred, it cannot be claimed that, either it is ancestral property or self acquired property.
2. The Court will take note of records produced and by analysing the records will decide which proeperties are ancestral properties which other properties are self acquired properties.
3. Since matter is in the Court as such it is not good on my part to sugget you more.
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The following information confirms your opinion that your aunt's not eligible for share in the property belonging to your father and also ancestral property.
In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.
The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.
The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005.
The apex court judgment has now added another disqualification for women regarding their right of inheritance. Until now, they could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced. This judgment makes it imperative for the father to have been alive when the amendment came into force.
Settling the law in the wake of a clutch of appeals arising out of high court judgments, a bench of Justices Anil R Dave and Adarsh K Goel recently held that the date of a daughter becoming coparcener (having equal right in an ancestral property) is “on and from the commencement of the Act”.
The bench overruled the view taken by some high courts that the amendment being a gender legislation that aimed at according equal rights to the daughter in ancestral property by removing discrimination, should be applied retrospectively.
Interpreting statutory provisions, the top court shot down the argument that a daughter acquires right by birth, and even if her father had died prior to the amendment, the shares of the parties were required to be redefined.
“The text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement’ of the amendment Act. In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text,” it said.
Further, there is neither any express provision for giving retrospective effect to the amended provision nor necessary intent, noted the court, adding “even a social legislation cannot be given retrospective effect unless so provided for or so intended by the legislature”.
About applicability of the amendment to the daughters born before it was brought, the bench held that the new law would apply irrespective of the date of birth.
“All that is required is that the daughter should be alive and her father should also be alive on the date of the amendment,” it said.
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1. Be away with such currrency its legality under question.
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no answer required.
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1. It is better to go for Court transfer instead of Re.1/- sale some times the said sale deeds will declared null and void.
2. STill it is better if you go for sale deed with actual market value.
Ans :
1. No lok Adalath receives complaints.
2. It is the Lokayukta will receive complaints.
3. You can enquire with the registrar of companies and lodge complaint against each of the director.
4. You may lodge complaint with police and Maginstrate and also with concerned departments.
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1. If it is registered then it is very difficult its terms.
2. If it is unregistered then go to Civil Court and claim equival share.
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No idea.
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1. Depending upon your documents cases can be filed. But police complaint not maintenable.
2. You may file civil case for recovery and it will decreed ex parte as he is abroad. Take a chance.
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1. Yes you can losge a complaint with Cyber Police Station and ask them to maintain secrecy.
2. you may also file private complaint directly before the Magistrate.
3. Better to appraoch NGOs helping women for more effective action.
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Your case needs to be handled by an expert who has knowledge in Muslim Law.
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1. In every State Free Legal services are available to eligible people, take help of them and file a WP in Hing Court. Best of Luck.
Ans :
The following is similar to that of yours:
BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.
The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.
In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.
Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.
Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartment builders, by disconnecting power.
But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.
There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.
BOOM FUELLED GRAFT
So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."
The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.
Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.
Architect G Ramesh says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.
ISSUE NEEDS A RELOOK
This needs proper and scientific analysis. Members of the Association get occupancy certificates, as required by the Act. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. The classification of highrise itself needs a complete relook. There are multiple agencies involved in sanctioning OCs, and perhaps the figure quoted is of a particular authority. Buildings that have OCs are many more, since it isn't possible to get various agency clearances and connections without OCs.
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1. It look like very minor problem but really a big problem in big cities esepecially for residents of apartments.
2. Your problem has to be sorted by the Adminstration of the Society.
3. You may have right to lodge complaint with police and in worse case file a private complaint before the Magistrate to teach him a lesson.
Ans :
The following example and law explains you every thing. :
The groom was an NRI engineer settled in Boston who came to Punjab to marry Manjeet, a beautiful village girl. No one had ever anticipated that this fairy tale would turn into a nightmare until the groom decided to abandon Manjeet and marry again.
He obtained a divorce decree in US. Subsequently, Manjeet filled a petition in an Indian Court. The court declared the divorce null and void although it hardly had jurisdiction over the foreign decree. Now, her husband is divorced in States but married in India.
According to NCW more than 50 women are facing the issue in Gujarat, Punjab and other parts of the country.
Problem
In such divorce cases the conflict of Private International Law becomes evident. Usually, one party obtains a divorce decree aboard which is not recognized in the Indian Courts on the ground that the foreign court had no jurisdiction over the matter. As a result the marriage is recognized in one country but annulled in the other. Such a person may be tried for Bigamy in India but in the other country he would not be considered guilty.
EX-PARTE JUDGEMENT:
An ex-parte divorce happens when only one spouse participates in the court proceedings. In US, a state has the authority to determine the marital status of that person (who lives in that state) even if it does not have jurisdiction over the other spouse. Usually,the spouse who doesn’t live in the county where the divorce was filed would not be subject to its jurisdiction unless a status exception is present.
Many a times foreign courts grant ex-parte divorce decrees, with one party being unrepresented and thus unheard. Often the parties are unaware about these proceeding too. Due to various practical and financial difficulties; a party may not be able to contest the case. Generally, the wives deprived of maintenance and matrimonial property in these cases.
Recognition of foreign Judgments in India:
The Section 13 of Code of Civil Procedure deals with recognition of Foreign Judgments in India. SC in various decisions noted that a court would have competent jurisdiction if it recognizes the Act or law under which the parties are married. Further, If any foreign judgment is opposed to natural justice, founded on breach of Indian law or obtained by fraud; it would not be recognized in India.
For a court to have competent jurisdiction both the parties must voluntarily and unconditionally submit themselves to the jurisdiction of the said court.
In a leading judgment SC of India ruled :-
1. No marriage between an NRI and an Indian Women which has taken place in India may be annulled by foreign court.
2. Provision may be made for adequate alimony for wife in the property of husband in India and abroad.
Legislations In Other Countries
The (English) Foreign Marriage Act, 1892 and Marriage (Overseas) Act, 1955 in Australia provide for a form of marriage which may be availed by the parties marrying abroad where on of the citizens where at least one of the person to the marriage is a citizen. However, the acts do not affect the validity of these marriages.
Law Commission in its report proposed a legislation similar to the two for addressing the issue of foreign marriages. It suggested that the parties at the time of marriage must be free to choose the law by which they would be governed. Moreover, Indian citizenship should be a prerequisite for the parties to avail the benefits of the proposed legislation.
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1. Irrespective of exedution petition in the name off builder, the subsidiaries are also liable. There is no direct ruling.
2. As of settled law the acts of subisidiaries are binding upon the registered office ndce versa.
3. The resistance made by the subidiaries is not maintenable. The Judge has correctly ordered and it will definately upheld by the NCDRC
Ans :
1. Hats Off for your activities !
2. No company wish to disclose real and hard facts to its employees and public at large.
3. You have to take your self protection, lodge complaints with police, and file the proposed writ petitition and engage a lawyer who is well versed in your activities and who is having face value before the Court. You will definately succeed in your endeavour.
Ans :
1. It has become headache for every alternative customer in the matter posted by you.
2. You have lodge with branch, head office, RBI and ombudsman
3. Relevant circular of RBI is below:
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Ans :
1. The act of Electricity department is correct.
2. You have to pay the penal charges and electricity will be resumed.
3. You may file civil suit for restoration of electricity to the ground floor which legally constructed.