Advocate Justice Kishan Dutt Kalaskar in Bangalore

Lawyer Profile

Advocate Justice Kishan Dutt Kalaskar

0 1 Reviews

Location: ,Bangalore

Experience: 0 Years

Bar Council Number: KAR/64/85

Bar Association: Bar Council Of Maharastra and Goa

About Lawyer

Justice Shri Kisan Dutt Kalaskar, (Retired Judge and Advocate, Bangalore) 1.NAME: KISHAN DUTT KALASKAR 2.FATHERS NAME: LATE SRI. GYANAPPA KALASKAR 3. DATE OF BIRTH: 12.03.1961 ( 55 YEARS ) 3A. EDUCATIONAL : B.Com (First Class from Osmania) LL.B (Gulbarga) 4. PAST OCCUPATION: SENIOR CIVIL JUDGE AND METROPOLITAN MAGISTRATE . ( SERVED FOR 20 YEARS FROM 1992 TO 2012 ) 4 A : Related Spl Exp: Decided several Land Acquisition cases. 5. EXPERIENCE: A) 7 YEARS EXPERIENCE AS ADVOCATE B) 20 YEARS EXPERIENCE AS JUDICIAL OFFICER 6. EXTRA TALENTS: 1. Worked on the Editorial Board of Karnataka Law Journal and Supreme Court Cases (www.scconline.com) 2. On the enquiry Panel of Officer of BESCOM 3. On the enquiry Panel of Wonder La, Bangalore 4. On the enquiry Panel of Shakti Prescision Components (India), Bangalore-48 Address for Communication: From: Kishan Dutt Kalaskar, Retd. Judge. No.74,First Floor, 6th cross,Malleswaram, BANGALORE - 3 Mob: 9686971935, Land: 080-23461189 E MAIL: kalaskarnetra@gmail.com

Practice Area

CIVIL
CRIMINAL
FAMILY MATTERS
PROPERTY MATTERS

Availability

MON
TUE
WED
THU
FRI
SAT
PUBLIC HOLIDAY AVAILABLE

Available Morning
From : 9:00 AM - To : 11:50 AM

Available Evening
From : 3:50 PM - To : 9:00 PM

Courts

High Court and Distric court

Education / Achievements

B.Com., LL.B.

Office Photo

Review Rating

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Lawyer Answer

Sold my 2 wheeler without registration in 2015. It is still on my name and how to avoid any legal issues with vehicle in future.

Ans :
Dear Sir,

Immediately get back your vehicle since the settled law says that the person on whose name RC is standing is liable to pay the compensation in case of vehicle accident.

what rights do I have on the road infront of my plot ?

Ans :
Dear Sir,

If there are no records about the existence of roads then you cannot claim.

Is ID required for anticipatory bail?

Ans :
Dear Sir,

Yes, you require ID proof after getting anticipatory bail but it is not a big problem.

Is ID required for anticipatory bail?

Ans :
Dear Sir,

Yes, your ID proof is required to get anticipatory bail.

How to save marriage when wife's family influence/force for divorce

Ans :
Dear Sir,

If wife is not interested to continue the marriage then it is waste of time on money to try to continue the marriage.

Do a telecom employee working in non managerial capacity drawing a salary of 50k per month is protected by Industrial disputeact

Ans :
Dear Sir,

No, you cannot be...

What can I do if my employer did not pay my one month salary after termination of my contract without notice?

Ans :
Dear Sir,

You can approach Labor Commissioner or get issue a legal notice.

legal advice for my agriculture land illegally dug by talk agriculture office , ramtek

Ans :
Dear Sir,

Get a stay order and claim restoration or compensation.

What to do if builder has increased the area of the flat and demanding additional money for the same?

Ans :
Dear Sir,

You may either withdraw and claim refund or pay the difference amount.

Who will be benefited through challenging answer key in court?

Ans :
Dear Sir,

You may challenge the same and get the benefits availed by all the affected candidates.

my father passed away the home will be cancelled or not

Ans :
Dear Sir,

On the death of your father if it is personal loan it may be cancelled even otherwise if your father was insured by the bankers then the Insurance Company is liable to pay remaining loan amount.

legal advice for my agriculture land illegally dug by talk agriculture office , ramtek

Ans :
Dear Sir,

Get file a suit against the trespasser and get compensation and also mandatory injunction.

Exparte evidence in divorce case

Ans :
Dear Sir,

Same as earlier

Exparte evidence in divorce case

Ans :
Dear Sir,

Many a times the Courts will accept the evidence of plaintiff and pass ex-parte divorce degree.

Divorce and property settlement case

Ans :
Dear Sir,

You may contact local advocate and get appropriate draftings.

Unequal Register Partition deed & Certain Properties are left in original deed

Ans :
Dear Sir,

Be understand that unregistered partition deed may be used for colateral purpose only.

When

Ans :
Dear Sir,

No comments as it pertains to Hon'ble Supreme Court of India.

How to appeal against CRC

Ans :
Dear Sir,

You may approach High Court or Company Court for appropriate directions.

Pf not paid but deducted from employee

Ans :
Dear Sir,

Your duty is finished when you intimated the concerned heads and you cannot be held personally liable.

I am from BC B ( goud ) cast, many years back i take Christianity. Now do i get BC C certificate as a converted christian?

Ans :
Dear Sir,

You can get such certificate.

I am from BC B ( goud ) cast, many years back i take Christianity. Now do i get BC C certificate as a converted christian?

Ans :
Dear Sir,

You have to approach either police station or High Court. Normally she will not be given to your custody since you are a stranger and she may be handed over to any women NGO.

How can i bring my friend back from police station

Ans :
Dear Sir,

You have to approach either police station or High Court. Normally she will not be given to your custody since you are a stranger and she may be handed over to any women NGO.

What are the rights and remedies for individual

Ans :
Dear Sir,

You can claim protection by filing suit for permanent injunction since you are in setteled possession as such you cannot be thrown out earily without getting Court orders.

What are the rights available to tenant.

Ans :
Dear Sir,

You can claim protection by filing suit for permanent injunction since you are in setteled possession as such you cannot be thrown out earily without getting Court orders.

Regarding Breach of contract of Non Compete Agreement ,my ex-company is claiming a fine to me so as to bear his losses

Ans :
Dear Sir,

Nothing to bother let your ex company file suit against you.

What are powers of DRT to deal with cases filed during stay period from October 2018 to july 2019 for filing OA.

Ans :
Dear Sir,

You may take appropriate contention by hiring a high profile advocate. You will succeed to some extent.

how contempt of court case(civil) affects a gazetted rank govt officer's career

Ans :
Dear Sir,

Please see earlier answer

how contempt of court case(civil) affects a gazetted rank govt officer's career

Ans :
Dear Sir,

Normally High Courts are liniet otherwise if punishment is given the Government Servant has to face departmental enquiry and his services will be terminated.

Can send nbw through email address to the accuse the accuse stay's in USA?

Ans :
Dear Sir,

Normally it cannot be executed..

Can cyber sex chats leads to divorce

Ans :
Dear Sir,

You can defend the case properly by hiring high profile advocate.

Can send nbw through email address to the accuse the accuse stay's in USA?

Ans :
Dear Sir,

NBWs normally cannot be executed against the person staying Aboard.

Can cyber sex chats leads to divorce

Ans :
Dear Sir,

You can defend the case properly by hiring high profile advocate.

What we doo now?

Ans :
Dear Sir,

Get issue a legal notice and also file FIR.

builder not responding towards returning back flat booking amount

Ans :
Dear Sir,

You may not get that amount for the next 3-4 years. However you may initiate proceeding by issuing legal notice followed by a case before consumer Court

builder not responding towards returning back flat booking amount

Ans :
Dear Sir,

You may not get that amount for the next 3-4 years. However you may initiate proceeding by issuing legal notice followed by a case before consumer Court.

Security Cheque blank was taken at the time of joining

Ans :
Dear Sir,

In such cases you have 60% chances of winning the case provided your advocate conducts the case very cleverly.

My employer put fake experience for me and sent me to client to work.

Ans :
Dear Sir,

If you break employment bond it is very hard for your employer to recover the bond amount if he goes to Civil Court.

What to mention in loan agreement, for it to be binding.

Ans :
Dear Sir,

Whatever you mention in the agreement you have to wait for years together to recover such loan. Better you take signed blank cheques and on its dishonor you may approach a criminal Court by filing cheque bounce case, it is the easiest method to recover the loans.

Does there is option to buyout the notice period in the company ?

Ans :
Dear Sir,

You can just go for buyout scheme and resign at your appointed date and after getting all the feedbacks then go for defamation suit against your manager who harassed you mentally but you must have some evidence.

how can I get my long pending contractual payment from a government department?

Ans :
Dear Sir,

You may go to Civil Court or High Court and get a decree against them.

how can i discard my elder son from my property as he have done love marriage against my will?

Ans :
Dear Sir,

You need not lodge any police complaint but gift or execute Will in favour of your other children excluding your elder son. It being your self acquired property you are at liberty to discard your elder son from inheriting your property.

how can i discard my elder son from my property as he have done love marriage against my will?

Ans :
Dear Sir,

You need not lodge any police complaint but gift or execute Will in favour of your other children excluding your elder son. It being your self acquired property you are at liberty to discard your elder son from inheriting your property. If you want you may put a relevant publication in local newspapers.

Do i have to pay adveloram fee?

Ans :
Dear Sir,

Please go through the relevant provision of Court fee Act of your State and accordingly pay adveloram fee.

We are five brothers and my father was serious last 2 year and my one brother withdraw all his amount through froud signature.

Ans :
Dear Sir,

You have two options one is to file complaint with police and another is to file a civil suit.

Claim on mother cash after death

Ans :
Dear Sir,

You may file through your father a partition suit can get stay over such amount and it should not be disbursed until shares of settled.

Query on undivided property related to death of unmarried maternal uncle

Ans :
Dear Sir,

It will be divided as per following section if he has not left any Will.

Section 8 of Hindu Succession Act:

====================================================================

General rules of succession in the case of males.?The property of a male Hindu dying intestate

shall devolve according to the provisions of this Chapter:?

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

what can you do when a corporate company breach the contract.?

Ans :
Dear Sir,

You may get issue a legal notice and threaten them to file suit for damages.

Being forced to answer notices on behalf of Absconding husband

Ans :
Dear Madam,

You may approach the police to trace out your husband and see that all your issues are resolved.

meri dadi ky name 1974 mey giram smaj ka ptta hua. Us pr hm log kabij ni ho pay. Tbhi giram smaj ney us pr High court Allhabad m

Ans :
Dear Sir,

Please write in English.

OVER BILLING OF TARIFF FROM DIRECT TO HOME TV SERVICE PROVIDER

Ans :
Dear Sir,

You may file Public Interest Litigation Petition before High Court.

What should I do in the situation?

Ans :
Dear Sir,

You cannot file new case but implead yourself in the pending proceedings.

Can I get divorce on Grounds of Relationships before Marriage

Ans :
Dear Sir,

You may get divorce without alimony on the ground of adultery by your wife.

Delay possession of flat

Ans :
Dear Sir,

You have to approach Consumer Forum as early as possible because it takes much time.

How can i prevent harassment from loan recovery firms who are appointed by UAE Banks in India?

Ans :
Dear Sir,

Such problems were solved by me previously. Normally UAE banks cannot stretch its hands beyond six golf countries. The so called recovery agents cannot enforce recovery proceedings legally in India.

How to structure a Fractional Ownership Real Estate startup

Ans :
Dear Sir,

You may consult in person with local legal expert to get accurate legal advise after seeing all the relevant documents.

Harassment by boyfriend

Ans :
Dear Madam,

You can lodge police complaint and also with Cyber police.

how can we will out from froud domestic violence & dowry case

Ans :
Dear Sir,

If the cases are ended in your favour then you can file defamation case.

can minior purchased a land on own name without any guardian

Ans :
Dear Sir,

File a suit for partition.

Writ petition Jurisdiction

Ans :
Dear Sir,

Normally WP to be filed in the place where employee is working.

Whether I can file the case in CAT even my complaint in the court of Chief Commissioner of Disability , New Delhi is also

Ans :
Dear Sir,

Yes, you can file.

my husband is suffering from schzophenia decease since last 20 years he is not able to take decision related any matter

Ans :
Dear Sir,

You may approach Civil Court and get appropriate orders.

What can we do now...wat r our rights..

Ans :
Dear Sir,

You may approach concerned Court and get him released on bail. Nothing to worry.

I have been summoned to appear in a court to give evidence as a witness. But I will be out of station on the said date.

Ans :
Dear Sir,

You can contact the concerned public prosecutor if it is a criminal case and get another date. Otherwise warrant will be issued against you.

What can i do when someone furnished false complaint against me.

Ans :
Dear Sir,

You can get stay upon such FIR and get it quashed later thus you can ask your department to give you posting.

WILL DOCUMENT TO WILL IS ACCEPTABLE?

Ans :
Dear Sir,

Only after the death of your father that property comes to your name then you can execute another Will in favour of any other person.

What can we do now...wat r our rights..

Ans :
Dear Sir,

Please file bail application in the Concerned Court where FIR is issued. If no FIR is issued then file application for search warrant to trace out your brother from the Police Stations.

Wat can we do now ...wat r our rights .. please help

Ans :
Dear Sir,

Please file bail application in the Concerned Court where FIR is issued. If no FIR is issued then file application for search warrant to trace out your brother from the Police Stations.

How can i retrieve my land / ?????????

Ans :
Dear Sir,

Yes, you can approach a Civil Court and get appropriate order.

My company sent a legal notice with false claims.

Ans :
Dear Sir,

Just issue a legal notice and lodge a complaint with Labor Commissioner.

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does email confirmation from the builder can be considered as solid proof?

Ans :
Dear Sir,

Get issue a legal notice and settle the matter.

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caste certificate but not have fathers sub Caste proofs.

Ans :
Dear Sir,

You may approach the concerned MRO and he will enquire with local people and issue the certificate.

caste certificate need but Father not have Sub caste Proofs.

Ans :
Dear Sir,

You may approach the concerned MRO and he will enquire with local people and issue the certificate.

Can I go to court

Ans :
Dear Sir,

Yes, you can reopen the case and get share in those properties.

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Are the properties attached under PMLA act liable to be distributed among the cheated investors of ponzi scheme?

Ans :
Dear Sir,

The Government is keen in settling the claims of all the victims of IMA scam and you have to wait for sometime. In the meanwhile if you have not lodged complaint then lodge a complaint along with all the true copies of payment made to that company.

How do i recover my dues from the company.

Ans :
Dear Sir,

You have to file execution petition if full and final settlement letter is accepted by NCLT.

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How to file application under changed circumstance.

Ans :
Dear Sir,

You must simply asked your advocate to file application before the same Court narrating changed circumstances and seek modification of monthly maintenance.

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Can we construct a residential house on land in late mother's name?

Ans :
Dear Sir,

The Land of deceased mother will be devolved as per 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.

regularization and salary

Ans :
Dear Sir,

You may approach High Court.

Are we under "SAPINDA" category?

Ans :
Dear Sir,

Usually marriages are not legal if such relationship is established.

Can I add extra RS 100 stamp paper on pre dated affidavit prepared 6 months ago.

Ans :
Dear Sir,

Better to purchase new stamp paper as on date and with the consent of BMC you can add extra stamp papers.

Related personal loan against the home mortgage

Ans :
Dear Sir,

Normally as per RBI directions all loans are insured and on the death of borrower the banks will get insurance amount. Please get issue a legal notice to the concerned bank.

personal loan against home mortgage

Ans :
Dear Sir,

Normally as per RBI directions all loans are insured and on the death of borrower the banks will get insurance amount. Please get issue a legal notice to the concerned bank.

I have submitted my category as ST, and I belong to caste lohar.Tell me if I will face problem in getting the job in document v?

Ans :
Dear Sir,

Please get clarification from the concerned welfare department.

This is reg. a farm land in hebballi/ shivalli. The firm selling the plots is named SS developers.

Ans :
Dear Sir,

Please share all the relevant documents and get appropriate advise.

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can i register a property which is in my mother's name who is no more.

Ans :
Dear Sir,

You may try by filing an appropriate suit.

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Whether filled Cheque can be transferable to other person?

Ans :
Dear Sir,

Usually cheque bounce cases are not transferable but consult with local legal expert and find out its possibility if there are special circumstances.

What is the solution for this?

Ans :
Dear Sir,

Twelve years is the limitation to claim partition.

Government ITI hostel Private canteen owner scamming with Students

Ans :
Dear Sir,

Please lodge complaint with higher authorities and in the meantime try to collect evidence.

How to get our kids and wife unite back

Ans :
Dear Sir,

You may file application for Restitution of Conjugal Rights and child custody.

Will granddaughter get share in grandmothers property

Ans :
Dear Sir,

During the lifetime of father granddaughter cannot get a share but entitled for monthly maintenance.

HOW MARRIED AND A MOTHER OF 2 CAN ACCUSE SOME BODY THAT SHE HAD BEEN RAPED ON THE PRETEXT OF MARRIAGE

Ans :
Dear Sir,

After getting acquittal or quashing you can file defamation case against her.

I want find copy of any judgement or law - which proves Land revenue Act 1959 (M.P.) -S250-maintainability of application

Ans :
Dear Sir,

Please consult any local lawyer who is acquainted with local laws.

What is the right of a widow in the property of his husband as alegal heir

Ans :
Dear Sir,

Please see following provision of law.

=====================================================================

Section 8 of Hindu Succession Act the wife is entitled as follows:

====================================================================

General rules of succession in the case of males.?The property of a male Hindu dying intestate

shall devolve according to the provisions of this Chapter:?

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

How can I fight legally against violation of child visitation

Ans :
Dear Sir,

You can file a child visitation rights but permanent child custody to father will be available only after child attains 5 years.

Correct address for court summon

Ans :
Dear Sir,

If it is a civil case you can get substitute service by way of public notice in Newspaper but it being a cheque bounce case you have to assist the police since it is a purely private case and police may not show interest for one or other reason.

Hindu Succession Act (Amendment) 2005

Ans :
Dear Sir,

Daughters may get a share but through Court it takes more than a decade.

Can I get the inherited property of my great grandfather

Ans :
Dear Sir,

You may file partition suit and get your share before that you can get injunction order restraining the others from transferring the property.

Will i get my dues PF & Salary

Ans :
Dear Sir,

You have to implead yourself before the NCLT to get benefits.

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Benefit of Contractual Employees Under Court Case

Ans :
Dear Sir,

You may approach High Court or Service Tribunal as the case may be to get appropriate relief.

What is my share's exact amount now?

Ans :
Dear Madam,

Get issue a legal notice and get back your amount invested with interest as calculated as per bank rates.

Can I get the divorce

Ans :
Dear Sir,

You may get compensation as well as divorce if you can properly project the issue before the Court.

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Does Forest settlement officer has more rights than the high court??

Ans :
Dear Sir,

You may lodge complaint with a higher officers of Forest Department as it is contempt of Court orders.

For full procedure contact me on mobile through the Administrators of this Website.

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hello sir , i am ashok patel from navsari , gujarat . my father's and my uncle's name is there in land register . my father's si

Ans :
Dear Sir,

She can enter her name by making a application to concerned authority.

For full procedure contact me on mobile through the Administrators of this Website.

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I want to open a firm with my friend. What is the process and document is required.Who will do this kindly advise

Ans :
Dear Sir,

You have to follow several procedures and your question cannot be answered in one or two sentences.

For full procedure contact me on mobile through the Administrators of this Website.

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how can i live with freedom and happiness?

Ans :
Dear Sir/Madam,

Please send your question in English.

False case by ex lover 354 a

Ans :
Dear Sir,

You may directly approach High Court and get a stay.

For full procedure contact me on mobile through the Administrators of this Website.

Can I have two signatures?

Ans :
Dear Sir,

You cannot have two signatures except in different languages.

Can I have two signatures?

Ans :
Dear Sir,

You cannot have two signatures except in different languages.

For full procedure contact me on mobile through the Administrators of this Website.

My wife submitted a divorce case against me,but am not in place .I cant attend the case on given time.is there any problem ?

Ans :
Dear Sir,

You may either approach Supreme Court for transfer from one State to another State otherwise it will decreed in her favour if you do not appear.

For full procedure contact me on mobile through the Administrators of this Website.

.

Chequ bounce

Ans :
Dear Sir,

Cheque bounce FAQs Negotiable Instruments Act

1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?

Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case.

Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction

The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.

This amount shall be in addition to the amount already paid by the appellant under Section 143A.

It received the assent of the President and was notified in the Official Gazette on 02.08.2018

1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?

A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:
a) Place of drawing of the cheque,
b) Address of bank where cheque was presented (holders bank address),
c) Address of bank where cheque is payable (drawers bank address)
d) Place from where notice was received by drawer of cheque

a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.

2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?

If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.

3. How long after notice has been served can I file a case against the drawer?

After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque.

4. What can I do if I do not have the drawer's address?
You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque

5. What should I do if the notice was returned and could not be served to the drawer?

When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address.

6. Can Mohan Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.?

Yes, Mohan law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act.

7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer?

You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act.

8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability?

In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc.

9. Can a cheque issued in security attract offence under Section 138 N.I. Act?

With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability.

10. What is a legally enforceable debt or other liability?

Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc.

11. What is Section 138 N.I. Act and why is remedy available under it preferable to remedy available under other laws?

a. Section 138 N.I. Act was made to provide an additional criminal remedy over and above the civil remedies available; to provide a speedy and effective remedy to holder of dishonoured cheque.
b. Summary suit for recovery of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C. does not provide any provision for recovery of money and is meant only for prosecution of the drawer of the cheque who entertains dishonest intention to cheat.

12. What is a summary suit for recovery of money?

Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court.

13. What is the validity of the cheque in day to day business?

The current validity of cheques is 6 months. However, please note that from April 1, 2012. The validity will change to three months as per recent directive of RBI (under Sec. 35A, Banking Regulation Act, 1949)

14. What can I do if a cheque given to me has been dishonoured?

a. The holder of a cheque that has been dishonoured can seek remedy in the following manner:
i) Action under Section 138 Negotiable Instruments Act (N.I. Act): Give notice under within 30 days of receipt of information of dishonour from the bank. In case of non- payment by the drawer within the notice period of 15 days, then the holder must institute a complaint case for prosecuting drawer within 30 days of expiry of notice period.

ii) Civil Action as Summary Suit: Issue notice within 3 years from issue date of cheque and institute a summary suit for recovery of cheque amount along with interest and legal expenses. The notice can also be used while filing summary suit for recovery of money.

iii) Criminal Action: Initiate criminal proceedings by filing complaint under Section 420 Indian Penal Code (I.P.C.) within 3 years from issue date of cheque. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque when dishonest intent to cheat in inferred.

15. What documents / evidences do I need at the time of filing complaint case under Section 138 N.I. Act?

You will need at the minimum, the following:
a) Proof of service of notice - receipt of postal department / courier
b) Copy of notice
c) Cheque in original

16. What can I do if I do not file a complaint within 30 days from expiry of notice period?
If you have not filed a complaint case within 30 days after expiry of notice period, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from the date of issue of cheque.

17. What can I do if it has been more than 30 days since I received information of dishonour of cheque and 6 months has passed from the date of issue of cheque?

a. Other remedies are also available to recover the cheque amount. You can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. In case the cheque was never presented during its validity period then a summary suit is the only available remedy for recovery of money.

(Notice can be given to drawer up to 3 years from date of issue of cheque for instituting a summary suit for recovery of money. Criminal proceedings for prosecution of drawer can also be instituted within 3 years from date of issue of cheque under Section 420 I.P.C.)

18. The drawer is asking me to settle the claim at a reduced value. What should I do?

Its up to you to settle the claim at a reduced value as the same will save your precious time, as well as legal hassle. Now-a-days courts are also encouraging amicable settlement between the parties. However, if you settle the dishonoured cheque amount at a reduced value, you will lose all remedies available under law.

19. What remedy do I have if the drawer delays in settling after conviction?

In a recent 2010 judgement, Supreme Court has laid strict rules to deal with such delaying tactics. Delay in settling cheques bounced will cost up to 20% of the cheque amount post-conviction. This is detailed as: 10% at District Court level; 15% at the High Court level; and up to 20% at the Supreme Court level. For e.g., Defaulter going for settlement will have to pay 10% of the cheque amount to avoid going to the jail.

20. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?

Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award maybe higher than the cheque amount.

21. What should I do if the drawer does not make payment upon receipt of notice?
You can adopt either or any of the remedies available to you:

a) Can file a criminal complaint against drawer of cheque under Section 138 of N.I. Act.

b) Can file a summary suit for recovery of money, interest and legal expenses.

c) Can file a criminal complaint against drawer of cheque under Section 420 of I.P.C. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque.

In case a person has filed suit for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.

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Will the following leave and licence agreement ok?

Ans :
Dear Sir,

You have to discuss the issue in person with any expert advocate.

Will the following leave and licence agreement ok?

Ans :
Dear Sir,

You have to discuss the issue in person with any expert advocate.

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How can I file a complaint or convince him to get marry to me ?

Ans :
Dear Madam,

You may approach police and they will perform your marriage.

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Can I submit a petition?

Ans :
Dear Sir,

After the death of executor of POA it becomes invalid.

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What can I do in a muslim marriage to decline the divorce

Ans :
Dear Madam,

You may file any number of case against him.

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How to respond to legal notice on data theft in corporate we have not done any data theft

Ans :
Dear Sir,

You must be very careful in answering such legal notice and it is better to take guidance of expert advocate.

How to respond to legal notice on data theft in corporate we have not done any data theft

Ans :
Dear Sir,

You must be very careful in answering such legal notice and it is better to take guidance of expert advocate.

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How much maintenance need to be paid?

Ans :
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 .

How much maintenance need to be paid?

Ans :
Dear Sir,

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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how to protect myself from my wife while living in live -in-relationship

Ans :
Dear Sir,

You are in danger situation. You may apply and get divorce immediately.

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Can i file case against cement company of expired cement bag supply

Ans :
Dear Sir,

The history goes to show that it is a case of civil nature so better approach Civil Court otherwise there are chances of rejection of your complaint by Consumer Forum.

Can i file case in consumer forum

Ans :
Dear Sir,

The history goes to show that it is a case of civil nature so better approach Civil Court otherwise there are chances of rejection of your complaint by Consumer Forum.

Can i file case in consumer forum

Ans :
Dear Sir,

The history goes to show that it is a case of civil nature so better approach Civil Court otherwise there are chances of rejection of your complaint by Consumer Forum.

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My husband is not following the legal agreement which was made for an understanding and for my safety purposes of my family

Ans :
Dear Sir,

You may get issue a legal notice and resolve the matter.

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How to file a restraining order/injunction against someone in india?

Ans :
Dear Sir,

Your local lawyer will explain you depending history of your case.

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What is the next step if I am unable to pay the FD amount or unable to get a government employee as surety to get my gold ?

Ans :
Dear Sir,

You have to approach the Court again to modify the conditions.

What is the next step if I am unable to pay the FD amount or unable to get a government employee as surety to get my gold ?

Ans :
Dear Sir,

You have to approach the Court again to modify the conditions.

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Does nottary in sepration of marriage valid or not

Ans :
Dear Sir,

You can file notarized copy to get divorce.

Does nottary in sepration of marriage valid or not

Ans :
Dear Sir,

You can file notarized copy to get divorce.

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What is the stamp duty rate for trademark license agreement in delhi

Ans :
Dear Sir,

Please contact local lawyer practicing on trade mark subject.

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Can I get a shop registered at my rented apartment address to get started with online retail business on e commerce websites

Ans :
Dear Sir,

Registering Apartment to run commercial business may not be available.

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Can i leave the job on 2nd July itself after salary is credited on 1st July??

Ans :
Dear Sir,

You may quit the job at any time and company is at liberty to file a case against you for recovery of notice period of amount. The normal courses of practice is that corporates never go to Civil Courts to recover such small amounts as of prestige.

Can i leave the job on 2nd July itself after salary is credited on 1st July??

Ans :
Dear Sir,

You may quit the job at any time and company is at liberty to file a case against you for recovery of notice period of amount. The normal courses of practice is that corporates never go to Civil Courts to recover such small amounts as of prestige.

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Is crpc300 with out trial a pettitioner mentioned case

Ans :
Dear Sir,

It all depends upon history of the case. Please share full history with the legal expert and get appropriate advise.

Is crpc300 with out trial a pettitioner mentioned case

Ans :
Dear Sir,

It all depends upon history of the case. Please share full history with the legal expert and get appropriate advise.

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is it possible to get a divorce from my wife, if she she agrees to divorce but stays abroad.

Ans :
Dear Sir,

It is possible if Video conference is arranged in the Court concerned and get consent of your wife through Video conference.

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How do i clear my consignment form Mumbai Customs

Ans :
Dear Sir,

Either engage a local lawyer or appear yourself in person and pay the fine imposed by them and close the matter.

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Mere papa ne mango ka per lagay the to ab wo jameen mere mama ke hisse me agiya ha to wo aam ka per kiska hoga

Ans :
Dear Sir,

File a civil suit and protect your legal rights in a local Court.

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How to get devorce

Ans :
Dear Sir,

Unless you have medical grounds or any other strong grounds you may not get divorce so easily.

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Property fraud by dealer

Ans :
Dear Sir,

You can bring a civil suit against the legal heirs of dealer and all the concerned. Please approach a legal expert and get more advise immediately.

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Respectful Lawyers Need your help on understanding property registration. We are hindu family of 3 brothers. My elder brother i

Ans :
Dear Sir,

On the death of your father only such Will can be executed. It is better to have family settlement or Gift Deed during the lifetime of your father to avoid future complications.

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What documents are issued by police for lost passport issue?

Ans :
Dear Sir,

Each police station has its own proforma like issuing NCR, endorsement as that issue to you and FIR. The passport authorities will issue a duplicate passport on the basis of such documents.

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I am looking to outsource Call Center Campaigns to centers in India.

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Can Tenants get back there stuff from the seized house, as the owner did not inform about the house getting seized by bank?

Ans :
Dear Sir,

You may file a civil and criminal case against all the concerned. It is the high handedness of bankers and they cannot do like that. You can approach Debt Recovery Tribunal and get release your belongings. In the meanwhile you may approach police and if they do not co-operate then approach the Court of Magistrate by filing private complaint.

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Occupancy of a rented flat from my brother

Ans :
Dear Sir,

You may take shelter under provisions of the Senior Citizen Act.

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What reasons can I show to get divorce

Ans :
Dear Sir,

You cannot say like that unless there is medical ground.

What reasons can I show to get divorce

Ans :
Dear Sir,

You cannot say like that unless there is medical ground.

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What should we do in this case

Ans :
Dear Sir,

Your father should approach police and recover such amount from the company by selling its assets if any.

What should we do in this case

Ans :
Dear Sir,

Your father should approach police and recover such amount from the company by selling its assets if any.

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What should we do in this case ?

Ans :
Dear Sir,

If it is his self acquired property then you cannot raise any issue.

what remedy is available to me

Ans :
Dear Sir,

If it is his self acquired property then you cannot raise any issue.

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What is procedure for cutting branches of tree in public land looming on house roof in Bihar in non forest gram panchayat

Ans :
Dear Sir,

In all states the general rule is that a formal intimation is required to be given to the forest department and local authority before cutting such trees. You may file PIL if you make the issue big and save the trees.

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How can the family Settlement done and POA executed ?

Ans :
Dear Sir,

Please consult an experienced civil advocate because if you go drafting family settlement by yourself it may give rise to several issues at later date.

How can the family Settlement done and POA executed ?

Ans :
Dear Sir,

Please consult an experienced civil advocate because if you go drafting family settlement by yourself it may give rise to several issues at later date.

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Will 800rs fraud misunderstanding count under police complain or fir

Ans :
Dear Sir,

It is a petty case and it can be taken back at any time.

Property transfer

Ans :
Dear Sir,

Please consult the bankers first and get release all the documents by paying of the dues if any. Then go for gift deed in your favour.

Will 800rs fraud misunderstanding ount under fir or complain

Ans :
Dear Sir,

It is a petty case and it can be taken back at any time.

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Property transfer

Ans :
Dear Sir,

Please consult the bankers first and get release all the documents by paying of the dues if any. Then go for gift deed in your favour.

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Sale agreement cancellation between vendor and Mr.X and making new agreement with me

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.

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How indian law helps me for my issues

Ans :
Dear Sir,

Indian Laws are very smart towards married woman. Ask your sister to file multiple cases.

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A signed cheque was stolen 5years back it was presented

Ans :
Dear Sir,

You have to engage highly experienced advocate otherwise it will ended in conviction in normal Courts of practice.

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A stole cheque was presented in bank and Court also

Ans :
Dear Sir,

You have to engage highly experienced advocate otherwise it will ended in conviction in normal Courts of practice.

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Save our mother's flat

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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WHEN TO INITIATE INQUIRY OF PERJURY, MATTER IS ORDERED AND REVISION IS PROGRESS

Ans :
Dear Sir,

Perjury can be raised at any stage of the proceeding. The earlier is the better.

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Can I file on basic of my father spent on that land

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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can I sell my site to two persons with separate absolute sale deed?

Ans :
Dear Sir,

Yes, you can sell it with the proposal condition so that you will be in the safer zone.

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Can I build a RCC underground water storage@ 4000 cc in my garden flat

Ans :
Dear Sir,

You can built the same if does not effect the structures of neighboring people.

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How can I release a public statement against a former employer without getting a defamation suit filed against me?

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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My rights on property

Ans :
As replied earlier..

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My legal rights on my parental property

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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Is that using hands free headphone while driving is leagel or illegal

Ans :
Dear Sir,

You cannot use such instruments which may cause accidents.

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what is procedure to declare capital gain and procedure to purchase new property

Ans :
Dear Sir,

You must always rely upon guidance of auditor/CA.

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what is procedure to declare capital gain and procedure to declare purchase of new property.

Ans :
Dear Sir,

You must always rely upon guidance of auditor/CA.

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I got a call from some people saying they are calling from bank of baroda and my loan file has been approved. To claim that i ne

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

For full procedure contact me on mobile through the Administrators of this Website.

What legal options do adult sons and daughter in law have if mother and her lover are harassing after father's death

Ans :
Dear Sir,

Daughter-in-law can file Domestic Violence case against mother-in-law.

For full procedure contact me on mobile through the Administrators of this Website.

Does a joint nominee has a claim on property

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.

Does a joint nominee has a claim on property

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.

Does a joint nominee has a claim on property

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.

What can I do if someone videotape s me masturbating on porn(not child)or having sex with my wife using a hidden cam in a hotel?

Ans :
Dear Sir,

Nobody can blackmail you by infringing your personal affairs, which attracts criminal offences and you can lodge a criminal complaint.

For full procedure contact me on mobile through the Administrators of this Website.

Need advice regarding property distribution

Ans :
Dear Sir,

Please put the question directly and get advise.

How the best I can protect my property from Trespassers

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.

Regarding inheritance of agricultural land

Ans :
Dear Sir,

Please consult civil advocate who is practicing in your State.

how to fight a false case

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.

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.

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

For full procedure contact me on mobile through the Administrators of this Website.

What is the law of govt land

Ans :
Not interested....

What is the law of govt land

Ans :
Not interested...

How can cover our lost land

Ans :
Not interested.....

How much alimony am I eligible for?

Ans :
Dear Madam,

On the following formula you are entitled to claim alimony

=====================================================================

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 .

For full procedure contact me on mobile through the Administrators of this Website.

I want to purchase a land , in the documents the vendor is the SPA holder from the G PA holder . Also the same person is represe

Ans :
Dear Sir,

From 2011 the purchase through SPA/GPA holders is banned by Hon’ble Supreme Court as follows:

===================================================================================

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

For full procedure contact me on mobile through the Administrators of this Website.

NRI husband leaving wife in india saying finacial problems for more than 4 years and still prolonging

Ans :
Dear Sir/Madam,

Get file maintenance case under Section 125 of Criminal Procedure Code and pray for interim maintenance.

For full procedure contact me on mobile through the Administrators of this Website.

NRI husband leaving wife in india saying finacial problems for more than 4 years and still prolonging

Ans :
Dear Sir/Madam,

Get file maintenance case under Section 125 of Criminal Procedure Code and pray for interim maintenance.

how to get passport with newspaper containing name change info is lost

Ans :
Dear Sir,

You may approach concerned Newspaper office who published it and you can get a copy of old Newspaper.

For full procedure contact me on mobile through the Administrators of this Website.

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Ans :
Not interested...

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Ans :
Not interested...

What's the difference between AOD and Revival letter?

Ans :
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.

For full procedure contact me on mobile through the Administrators of this Website.

Prepaid Sim Card(TATA docomo) service terminated without notification

Ans :
Dear Sir,

You may get issue a legal notice and then file case before Consumer Court claiming huge compensation.

For full procedure contact me on mobile through the Administrators of this Website.

how can i procure my part of land

Ans :
Dear Sir,

Please file suit for partition and you will get your property.

For full procedure contact me on mobile through the Administrators of this Website.

What we accept here is , an distinguishedprovide Reasonable click on the link less to mitigate http://servicerubin.ru

Ans :
Not interested...

Allotment of flats in Redevelopment

Ans :
Dear Sir,

You have two options either to approach Deputy Secretary of concerned department or file a suit before Civil Court.

For full procedure contact me on mobile through the Administrators of this Website.

Certified copy or photocopy of original documents?

Ans :
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.

For full procedure contact me on mobile through the Administrators of this Website.

Is it mandate to serve notice of 3 months if covered by contract?

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:

A 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience, with 15 days’ pay due for every year worked. In the case of manufacturing units, plantations and mines with 100 or more workmen, termination for convenience requires prior government approval; in other sectors, it requires only government notification.

Termination for cause does not include non-performance – it includes only behaviour which qualifies as misconduct.

The ‘last in, first out’ principle requires that the employer first terminate for convenience the last people to join the organisation in the same role. However, this requirement can be contracted out of. When hiring for the same role, workmen who were terminated for convenience should be given the opportunity to re-join the company.

State laws generally provide for about 15 days of earned/regular leave a year. Employees also benefit from up to 10 days of sick leave and a possible 10 additional days of ‘casual leave’. This is generally more than what most organisations would ideally like to provide.

Most state laws provide for ‘casual leave’ – the employee can opt not to come to work that day without applying for leave in advance. Many organisations find this disruptive.

Most state laws restrict women from working at night; if women are to work at night, specific approval must be obtained. This exemption is granted only to limited business sectors (eg, IT sector). Further, the employer must offer door-to-door transport and meet some security-related requirements.

Most state laws prescribe overtime for any hours worked beyond 48 hours in a week. However, this is seldom observed.

Indian law regulates and in some cases prohibits the use of contract workers. To engage contract workers, the contractor must hold a licence and the employer must be registered as a ‘principal employer’.

Non-compete agreements are not enforceable under Indian law, while non-solicitation clauses can be enforced only in limited ways.

While the ‘work for hire’ principle applies under the Indian copyright regime, it does not apply under the Indian patent regime; employees must thus provide formal assignments.

Indian laws require employers to maintain a plethora of registers and notices. Compliance with such requirements is difficult and full compliance is rare.

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:

an increase in paid time off for eligible female employees from 12 weeks to 26 weeks in case a female employee has fewer than two children. If she has two or more children, she is entitled to 12 weeks’ leave;

the introduction of the concepts of a 'commissioning mother' and an 'adopting mother', which widens the scope of the law. Such mothers are entitled to 12 weeks’ leave;

the option to work from home once the paid maternity leave period has ended, based on an agreement with the employer; and

requiring an establishment with 50 or more employees to set up a crèche facility.

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.

For full procedure contact me on mobile through the Administrators of this Website.

Can I get into legal trouble for creation of a random fake profile without fraud, extortion or harassment

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.

For full procedure contact me on mobile through the Administrators of this Website.

Can I as Respondent (wife) apply for transfer of divorce petition to city where I presently work

Ans :
Dear Sir,

Yes, you can get it transfer by filing transfer petition before Supreme Court as it is out of state transfer.

For full procedure contact me on mobile through the Administrators of this Website.

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Ans :
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How can I sell the property that came through will

Ans :
Dear Sir,

First get change the katha in your name and then try for selling the property.

For full procedure contact me on mobile through the Administrators of this Website.

Will the lease deed of 99 years be considered as void if the mutation is not done even after 30 years?

Ans :
Dear Sir,

The question can be answered only after seeing the entire documents.

For full procedure contact me on mobile through the Administrators of this Website.

Land issue

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.

For full procedure contact me on mobile through the Administrators of this Website.

My wife asking for divorce

Ans :
Dear Sir,

You just ignore her comments and continue your family life.

For full procedure contact me on mobile through the Administrators of this Website.

What are the things to be done for transfer of ownership apart from mutation in Nagar nigam

Ans :
Dear Sir,

It is not required mere change by mutation is enough followed by regular tax payments etc.

For full procedure contact me on mobile through the Administrators of this Website.

my previous company kept my notice period salary on hold. so, i want to know how can I recover that money legally from company?

Ans :
Dear Sir,

You may get issue a legal notice followed by a Civil suit or a representation before Labor Commissioner.

======================================================================================

For full procedure contact me on mobile through the Administrators of this Website.

How to go for a mutual divorce.. Details below

Ans :
Dear Sir,

The following procedure may be followed:

=========================================================================================

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:

Divorce by Mutual Consent

Contested Divorce

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.

For full procedure contact me on mobile through the Administrators of this Website.

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Will there be any problem in registering my second marriage, as I have not got divorce for my first marriage through court?

Ans :
Dear Sir,

There will be no problem if you go on sending maintenance to your first wife.

For full procedure contact me on mobile through the Administrators of this Website.

Solution for My father illegal affairs and and we are suffering from my father's behaviour with family members

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

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.

I had a factory which consisted of 5 employees and 1 watchman.The factory is closed since past three years.The watchan still giv

Ans :
Dear Sir,

You may resolve the issue amicably.

For full procedure contact me on mobile through the Administrators of this Website.

My husband and i want to apply for a mutual consent divorce. We have a 5 year old child.

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.

For full procedure contact me on mobile through the Administrators of this Website.

can i get a clearance certificate

Ans :
Dear Sir,

Under Section 27 of Contract Act there is no issue for you start similar business.

For full procedure contact me on mobile through the Administrators of this Website.

when any Muslim men marry a women when his first wife is alive and divorced?

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.

For full procedure contact me on mobile through the Administrators of this Website.

Can railway ticket fine effect on my job when Majistrate checking found me guilty.

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.

For full procedure contact me on mobile through the Administrators of this Website.

I need my salary which the company is committed to paying for me, already it's completed 6 months. How to get my salary.

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.

For full procedure contact me on mobile through the Administrators of this Website.

How can resolve face the below situation, please advice and help me?

Ans :
Dear Sir,

Get issue a legal notice and resolve the issue and further you may lodge police complaint.

For full procedure contact me on mobile through the Administrators of this Website.

What to do in government job document verification when you have 2 different names.

Ans :
Dear Sir,

You may follow the below given procedure.

========================================================================================

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.

For full procedure contact me on mobile through the Administrators of this Website.

Marriage problem due to the force of family

Ans :
Dear Madam,

Now Supreme Court protects your rights as follows:

===============================================================================

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:

For full procedure contact me on mobile through the Administrators of this Website.

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SURNAME CURRECTION BY PUBLIC NOTICE IN GAZETTE OF INDIA

Ans :
Dear Sir,

You may adopted the following procedure for name change.

==========================================================================================

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

http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e

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

http://sakala.kar.nic.in/sakalaonline/SSLC/Migration.aspx?Dep_Code=ED&ServiceName=kxH2V6pyzjL3Q8UXId4RRxlFxnfMzSSPpybwewQ3/AmFpAWrTKC/yg==&ServiceCode=0FPLoCXbc/I=&SubserviceName=kxH2V6pyzjL3Q8UXId4RR6Qe/D8K2A23pybwewQ3/Am7m0H7L29iE8ro0R2eaAOu&Subservicecode=q7ivX76CzuE=&Department=F9IdfNJIrLE=

For full procedure contact me on mobile through the Administrators of this Website.

civil permanent injunction granted by district court

Ans :
Dear Sir,

Without perusing the relevant documents it is very hard to extend legal advise.

For full procedure contact me on mobile through the Administrators of this Website.

Co owner never paid EMI nor maintenance nor leaving the house, claiming the share 50%.

Ans :
Dear Sir,

In such situation the following similar procedure may be adopted.

=========================================================================================

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.

I need suggestion for property related issue ?

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.

How to deal with false molestation and house trespass case?

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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my sister -in -law filled two cases against her husband and including our family .dower case as well as d.v

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.

If gov. Building not available for employees at headquarters and employee resident within 8km from headquarters is he eligible H

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.

What does unready board means.

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.

I need email legal consultation.

Ans :
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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I got married in Delhi but now i stay in Bangalore with my husband. Can we register our marriage in Bangalore?

Ans :
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.

Is it fine to sign agreement and MOU deed only after getting the token amount

Ans :
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.

My land was acquired in 1964 under l.a act 1894 but I can\'t get any award in this acquisition until now .

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.

CAN SON TAKE LEASE FROM FATHER AND SUBLEASE IT

Ans :
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.

Ordered adult toy from global ecommerce website and parcel is with customs and received a notice for the same. What to do?

Ans :
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.

I applied for an internship at Competitive Exam Guide Pvt Ltd .Now they are mentally forcing that they might take a legal call.

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.

What to do when no evidence is available

Ans :
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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I got ex parte divorce in Dec -2018. What will happen to my fake 498 a case under dowry prohibition act 3 and 4

Ans :
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.

I have been charges Rs. 6000 as consolidated charges by the bank. I used to hold that account as salary account since 2016

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.

How many days required to receive FIR copy

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.

I am getting low salary in my district as compared to same Designation in other district even though appointed with same salry

Ans :
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.

How to file annual reports for ngo

Ans :
Dear Sir,

Please consult any auditor or chartered accountant.

Now what should i do go court or in other medical board

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.

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1. Is seal of the housing society director must for the sale deed during 2006?

Ans :
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.

Eviction suit filed by landlord for illegal alteration

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.

my father is a gambler, what should i do

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.

I am 21 year girl my friend get me pregnant abort child after confirmation he took all reports and ran away.

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.

What should I do?

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>

public road encroachment

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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hi sir , my name is parveen . my sister- in-law filled 498 ,dv act , 125 against our family.

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.

how will i recover my money????

Ans :
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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How to file drt affidavit income / property

Ans :
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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Gazette Notification for name change

Ans :
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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Cancellation of General power of attorney,

Ans :
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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Can i sell my property with the court case pending but no injuction or stay by the court and the property is in my name and possession?

Ans :
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.

===========================================================================================

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.

Builder asking for more money citing taxation on EDC & IDC

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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what should be my next steps/actions towards these violations.

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.

what should be my next steps/actions towards these violations.

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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Can I apply for annulment immediately after marriage?

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.

how to respond to the Eviction notice from bank as landlord has not paid the house loan monthly installments

Ans :
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.

Can a bank reject my resignation letter in any circumstances?

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.

How can recover my money invested in DreamZ infra project?

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.

Sec 406 IPC- What result I must expect

Ans :
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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What is the procedure to file a complaint againt my ex mother in law(Indian Citizen)? I am US citizen. Below is my situation

Ans :
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.

Can I get back my certificates from my institution ?

Ans :
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.

Domestic Violence & Child/forced marraige.

Ans :
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.

how to fill case on men based on recent adultery law

Ans :
Dear Sir,

You can file a case on your boss under Section 498 IPC as follows:

============================================================================================

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.

Civil

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.

I am pregnant by a friend he convinced me to abort child after abortion he took all my reports now what to do

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.

When i can get married to another guy after the judgement

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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How to legally obtain divorce from husband who is staying away from wife for 13 years and has married twice

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.

How to get child custody with mutual consent

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.

when i will get injunction order and cost for getting

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.

How to send legal notice to previous organization for providing incorrect information during background check by present employe

Ans :
Please consult any local advocate who will prepare and send.

How to get building number for my completed ground floor

Ans :
Short cut way is to approach High Court

Can we carry 2 bottles of liquor by car from Hyderabad to Goa?

Ans :
It all depends upon local laws. Your quantity is very small. You can.

How to solve this divorce case and get back my dowry and compensation

Ans :
You just file 498A case and police will seize dowry Articles

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Cheque Bounce GST Problem Dilemma

Ans :
Dear Sir

If G S T registration done then you will succeed 100 percent.

Should i get a legal divorce while dissolving nikkah?

Ans :
Only court divorce is legal otherwise some issues will arise afterwards

Can I punished only for charge of demand of illegal gratification,which I not accepted?

Ans :
There are rare chances. Challenge it before H C

i want to separate from my parents

Ans :
it is not clear. if you do not want any properties then you can seperate

Can Phone conversation between husband and wife can be an evidence in divorce family court ?

Ans :
Yes

It can be used in evidence but it is infringement of privacy

property dispute

Ans :
It It has come from four generations then it cannot be.

Can l cancel my property registration

Ans :
Dear Sir

Yes he can. Get issue a legal notice .

Can a builder be a permanent trustee of a apartment society?

Ans :
It is illegal. Approach Registrar

Is a caveat filed in local court applicable in a HIgh Court?

Ans :
Caveat filed in each tier relates to that Court only.

Hello All , My wife left my house on 22 feb 2018 . After that we are trying to intitate talk with her parent .

Ans : Get issue a legal notice asking her to come back failing which file a petition for Restitution of conjugal rights

What I can do?

Ans :
Nothing to worry about it by filing a suit for recovery of money

MY father recently died . He didn't write will . We are two brother and myself (daughter)and my mother is with me.

Ans : Yes All you 4 people get equal share.

I need MOU format between husband and wife

Ans :
It requires your conditions to be mentioned in MoU

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a third party has sought for my various documents through an RTI. Am I obliged to give them the documents.

Ans :
You are supposed to give all

Please help me with the fake DV case filed against me and my family. Details and queries are mentioned in the next section.

Ans :
SC says non cohabitation is a ground for Divorce

my father made a gift deed and gave me a house(registered) in 2001.

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.

What should I write in my attestation form, for GOI post if there are questions such as have you been arrested or detained?

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.

I want to apply for court marraige .

Ans :
Yes you can attach AFFIDAVIT

Is money recoverable which has been benefited to students of our government school?

Ans :
If information is not given the go in appeal as per R T I provisions

How can I get my money back in cheating matter from my friend?

Ans :
Dear Sir

You can civil and criminal cases

Get issue a legal notice and Mark copy to his employer

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what are the sections for my problem

Ans :
You can file partition suit and get your share if your husband is no more. Police will book her under different Acts

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Ans :
Dear Sir

It may not effect as long as no body objects. if objects delete it with apology.

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Will I get my booked flat back?

Ans :
Yes

You will get it

Will I be jailed or rusticated from college if someone makes a video of me masturbating in a private place of my college hostel?

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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CAN LAW FORCE ME TO TAKE CARE OF MY PARENTS

Ans :
Yes. Read SENIOR CITIZEN ACT IN FULL

What should I do, Employer harassing in promotion

Ans :
Please approach High Court

My brother is married to a girl who was a widow and a mother of a child. Now parents of first boy filled a case for child custod

Ans :
Resist the same. ×

Welfare of the child will be focussed by Courts

What legal action I can take against builder who sold us the property which is not in town and country planning in Bhopal.

Ans :
Please get issue a legal notice and file a complaint before consumer forum

What can be done in to the family who are feeding and conserving aggressive stray dogs case in our colony ?

Ans :
Please lodge complaint with police and local authorities. Make the issue viral.

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No reply needed

how can i get my flat back

Ans :
Get issue a legal notice and file a case in Consumer Cou

Can a servant working for 25 years claim for end of service settlement ?

Ans :
Follow answer to earlier similar question

Can a servant claim for end of service settlement ?

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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Property share if married to 02 wives

Ans :
Yes, they are entitled

Property share if married to 02 wives

Ans :
Dear Sir

Yes they are entitled

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Can we get divorce within six months of marriage

Ans : Dear Madam You may try for mutual divorce if not agreed then say you have divorced as per family customs.

Can a State University teacher do paper work and registration for startup during the notice period after resignation?

Ans :
Dear Sir,

You can sign any paper only after your resignation is received.

How to register and rent out commercial shop for 5 years and charges i have to pay.

Ans :
Dear Sir,

It all depends upon the profile of the lawyer you select.

Who is the responsible ?corporation or police ? For removal of things ? If I start the procedure ? How many days I can get back

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

What to do if last employer has not Not Paid Salaries for the past 4 months & non deposit of TDS/PF

Ans :
apparently Labor Commissioner under section 12 of the I D Act

how to get anticipatory bail in Cr case filed directly at SDJM court (Bihar) under Sec 498A/406/Dowery sec 3,4?

Ans :
Please approach local advocate

Our apple Orchard is coming in the flood channel alignment. Most of the landowners received compensation 1 year ago. Due to issu

Ans :
Approach High Court for early disposal direction

What should do to give him jail

Ans :
Approach Police or Court

how to transfer proprietory business from father to son

Ans :
Release Deed in your favour

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What I can do against my father?

Ans :
Your mom is right. First become financially strong and then try to get justice to your mother

we have locker in SBI but account holder and nominee is expired so who can access the locker,

Ans :
legal heir certificate to be produced along with N O C from others legal heirs in favour of one legal heir

we have locker in SBI but account holder and nominee is expired so who can access the locker, son or nominee family.

Ans :
legal heir certificate to be produced along with NOC in favor of one of the legal heir

I have issue with the builder. Who is constructing my house. As due some issue he stopped construction without completion and..

Ans :
Yes you can. let him go to Court. It will be prestige issue for him

This case is related to my cousin sister. She is dealing with a divorce case in the court. Her husband is in the Indian Air Forc

Ans :
Just approach High Court for early disposal direction to family court

I would like to receive your opinion on the case

Ans :
Resist legally you will win

Can i donate my kidney to my mom without husbands permission

Ans :
Yes but the issue will not end there. You husband may make it big issue

When i know he is married but marry him. Any legal action against me

Ans :
You can even rape case

Sir My name is Sandeep my problem is regarding job local status. My father is central govt employee. I am from anantapur Andhra

Ans :
Please approach High Court as yours is new case

Who will be the legal owner post death of a govt. employee, sole nominee or heirs?

Ans :
Nominee is only act like trustee.

Lake Buffer Zone - NGT - BBMP Approval

Ans :
Please show all documents to legal expert

Lake Buffer Zone - NGT - BBMP Approval

Ans :
Please show all documents

Is it safe to purchase a property with power of attorney issue greater than 30 years ago?

Ans :
Yes you can purchase

What are our rights. How to solve this. We are ready to pay (by loan). however not the penalty. and also needs an assurance.

Ans :
Get issue a legal notice and file civil suit

Married 6 years back - how to get certificate now

Ans :
Just approach local Marriage Registration Officer and get forms and proceed

Passport application

Ans :
just file notarized affidavit and request the passport officer to accept

When we would get compensation against my Nagpur plot who came under DP road 8 years back

Ans :
Approach High Court for early relief

Can I married in Jan 2019 if I am born in Jan 1999 legally?

Ans :
You complete 21 years fully

Can I jointly buy a commercial property along with my friend (50% share) legally?

Ans :
You must enter into MoU

How can I remove the guy things ? Who is the responsible for handover ?

Ans :
You have report to police. They will preserve the same.

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Can I get divorce with in six months

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.

Can my father make a will of his fathers properties to only one son

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.

Buyer Scammed me through paypal

Ans :
Dear Sir,

You may get issue a legal notice and approach concerned authorities to get back the amount.

How to handle case against me for education loan?

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.

I did give 1.30 lac to my friend in good faith with out any promissory note . I have not any evidence against him .Legal advice

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.

Isn't collectian of biometric such as fingerprint for attendance at offices is unconstitutional and void of right to privacy?

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.

How can i get my all money back which is lost in a fraud

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.

Without legal hiar certificate, i want to make correction in property document

Ans :
Dear Sir,

By filing an application supported by affidavit you can change contents of legal heirs certificate. Approach the concerned officer.

Can I transfer my case from sessions court of one state to another state.

Ans :
Dear Sir,

In such case you have approach Supreme Court which has power to transfer the cases from one State to another State.

Can I will start business of real e stat because.. I belongs to ST caste.

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.

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Hello sir.my in-laws and husband doesn't allow me to go out. Even it's for my basic necessary needs or medicine..any thing they

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:

The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.

The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.

Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Codealso deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.

Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalising this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.

While Indian law does not criminalise pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.

Sexual Abuse and Exploitation:

Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.

As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.

Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.

Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.

Property Laws:

While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.

The Indian Succession Act does not differentiate between the heirs of the deceased.

Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.

Women in the Workplace:

Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.

The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).

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.

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Ans :
Dear Sir,

You better consult a marriage counselor.

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Ans :
Dear Sir,

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Daughters right in ancestral property

Ans :
Dear Sir/Madam,

During the lifetime of father nobody can claim by way of partition suit in his self acquired property.

What are the possibilities that a employment bond can be enforceable, if the bond is one sided?

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.

will i get the property right

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.

Does return of a part of dowry disableu usfrom filing dowry case .there are other ornamental jewellery and cash also taken

Ans :
Dear Madam,

Your advised to file DV case with following prayers.

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.

Does return of a part of dowry disableu usfrom filing dowry case .there are other ornamental jewellery and cash also taken

Ans :
Dear Madam,

Your advised to file DV case with following prayers.

====================================================================

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.

What should I do for obtaining the caste certificate?

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.

What should I do if I haven't received my relieving documents yet after 1.5 years

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

Good man! Behold is nice offer for you. http://bit.ly/2RUwITz

Ans :
Not required.

Need verification of vishala Karnataka govt and private employee housing co operative society legal existence

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

How to stop auction of rented shops?

Ans :
Dear Sir,

Immediately approach High Court and get necessary directions.

Debt recovery

Ans :
Dear Sir,

Without evidence atleast bank transfer records it is very difficult to file a suit for recovery of money.

What should I do legally for the water seepage issue from the above bathroom and the above flat owner is not agreeing to repair

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.

Is it illegal to have a big kirana (daily needs stores) shop in small colonies?

Ans :
Dear Sir,

It all depends upon rules and regulations made by local authorities like Corporation/Municipality/Panchayath.

how much do lawyer charge to file partition suit and making a general power of attorney (in the absence of person)

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.

Can a co- acussed who is also a friend of the main acussed be a witness in court.

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.

Can I do

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;

What rights Male have, when wife is asking to live separately from parents.

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.

Fake Caste Certificate by Father -Course of action needed

Ans :
Dear Sir,

You may share your grievance in person with any of the expert legal advisor for necessary confidential advice.

I, Maj Ranjit HS (Retd) served as Short Service Officer in the Army for 14 years. I retired in 2016.In 13 years 09 months a Army

Ans :
Dear Sir,

You may approach Service Tribunal of Army or High Court to get appropriate remedy.

child custody with father who is not able to manage them and mother not willing to take custody

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.

Can my father cancel a Self Earned Gifted Property to daughter ?

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.

Harassment by local Land mafias for grabbing land

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”.

Can we get property on my wife's name

Ans :
Dear Sir,

Get file a suit and get a stay order in the meanwhile bring that gradma and get gift deed from her.

self acquired property – Girl Child rights.

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.

Is constructing during partition court case a punishable offence?

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.

Sec 138 ni act

Ans :
Dear Sir,

Nothing to worry be assured you will win.

/p>

ON WHAT GROUNDS I SHOULD FIGHT THE CASE?

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.

Issue in Making job permanent

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.

How can I get tax benefit for my brother's education loan

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.

Can i liable to pay?

Ans :
Can i liable to pay?

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

NCL

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

http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36036_2_2013-Estt.Res-I-31032016.pdf

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

Misinterpretation

Most of the people in India misunderstand the concept of creamy layer. Following are some key points that usually misunderstood by the people.

The creamy layer category of the candidate will be decided based on the parent’s post/income but not by the candidate’s self post/income.

Eligibility regarding a government servants is only based on the level he/she is in, but not by the salary they earn.

Rs. 800000 criteria will be applied only to business people but not to salaried people even if he/she is a salaried employee in the government/PSU/private organizations.

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

To grant reservation benefits to the OBC employees

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

what are ex-party orders? I have filed a case against NBFC for recovery of money named KIM company. The respondent never attended.

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

my financial security what to do

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

I have completed all legal procedures to setup tower at my house but neighbors are hampering the construction .

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

I have completed all legal procedures for installing mobile tower on my roof but neighbors are hampering the construction.

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

How can i get my property share from my maternal uncles on behalf of my Late mother ?

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

will i get advice

Ans :
Dear Madam,

We can file 482 CrPC petition and get a direction for arrest from High Court. Contact me Mobile: 9686971935

Shall any one can sign in 20?bond paper for offline job agreement.what are all the problems occur?if we signed the documet.?

Ans :
Dear Sir,

If you sign nothing will happen provided you donot reply if the employer send any legal notice after you exist from that company. It is invalid document.mobile: 9686971935

Salary deduction for not serving the full notice period

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

Regarding provisions for change of land use (CLU) to Non Agricultural land (NA)

Ans :
Dear Sir,

Such permissions cannot be given during the pendency of civil suits. The nature of lands cannot be changed.

Mandal Panchayat akku patra validations

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.

What should i do ?

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.

Can i take action against them?

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/-

How can I take legal action against movers and packers

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

Criminal Case

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.

What to do when State Bar Council and BCI are not acting on complaint against an advocate?

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.

Can I get registry/ownership of 50 sq yard out of 250 sq yard bungalow plot?

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.

Get a gift deed in your name from your father for that portion or

Approach the civil court to declare that you are owner of 50 square yard as per the unregistered document given by your father and your father may appear and file consent written statement and thus your suit will be decreed.

do i get obc non creamy layer certificate for upsc??

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.

my wife had given 3 cheques of total 9 lacs from her partnership firm as second party had given us 21lacs an

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.

Delay in completion of the project and low quality construction

Ans :
Dear Sir,

You can get issue a legal Notice and get contract cancelled and compensation claimed.

Can we shoot local problems on mobile and publish on youtube in the form of news? I don't have any journalism degree

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.

How much alimony I have to pay in mutual divorce ?

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 .

Can collection agencies follow me to India for US banks debt. If they follow me, how can they sue me in India or in USA?

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.

What should I do now, want legal advice

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.

Can I ask rent arrears during execution petition if I did not ask at the time of eviction suit

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.

Can I sue ex employer for late.salary and not.releasing my.salary

Ans :
Dear Sir,

You can approach labor commission for resolving your claim and also send a legal notice.

shud i terminate from d institute if i will disclose fees to anyone students? &if i will get terminate my fees will not get back

Ans :
Dear Sir,

The Institute cannot ask you to pay entire fees of the Course and also cannot retain your original certificates.

Is there any relief for Women in India?

Ans : Dear Sir, You have many options and Indian Courts always helps the married women to get appropriate remedies.

about loan repayment

Ans :
Dear Sir,

Most of the loans treated as bad debts. Usually it is insured and they recover from the insurance compny.

kerala abkari act 15C

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.

kerala abkari act 15C

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.

kerala abkari act 15C

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.

violation of AMASR act 1958 section 30A, 30B

Ans :
Dear Sir,

You may file complaints with higher police officers and also try to file a Public Interest Litigation Petition before High Court.

Is there permission for mining in govt kharab land

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.

HOW TO PROCEED

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.

employment bond related issue

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.

Land property dispute- People want common monsoon water passage from our land

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.

Can my brother challenge this registered will in above SPCS ? How can I sell this property?

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.

How to recover excess maintenance charged?

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.

Can I operate Yoga Class in owned flat

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.

My father took 50,000 micro pradhan manthri mudhra loan without any property and now he died previous month without repaying,

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.

What is the legal recourse I can take under the scenario below:

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.

non payment of loan

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.

non payment of loan

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.

dEFAULT IN LOAN Payment

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.

Will i be arrested if i beat my uncle because he's abusive towards my mom.

Ans :
Dear Sir,

You act is self defence

Private Defence: A Right Available To All People In India

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 Right
It 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.

Will i be arrested if i beat my uncle because he's abusive towards my mom.

Ans :
Dear Sir,

It is self defense. Nothing to worry.

==========================================================================================

Dear Sir,

You act is self defence

Private Defence: A Right Available To All People In India

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 Right
It 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.

Being frauded by property agents middle party for deposit amount of 2lakh rs and the landlord evacuating us for not getting rupy

Ans :
Dear Sir,

Lodge a police complaint or private complaint against both.

What should I do? Police arrested me whereas I was not the driver. The driver ran away.

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.

how can i claim that its my home only

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.

How to get rid of the service bond with a limited company.

Ans :
Dear Sir,

Such bond is with force of law. The law is follows. Let him go to court. Get issue a legal notice.

=====================================================================================

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

========================================================================================

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.

How to get divorce soon with alimony nri case

Ans :
Yes. SC says non consummation is cruelty and you are entitled for Divorce with alimony. Contact me.

Harassment from my in laws for dowry and my salary

Ans :
File DV CASE and get protection.

Tenant issue

Ans :
Ex parte decree will be in your hand. You can get evict tenant with police help. Call me.

Is it valid to do masters by distance during phD regular degree

Ans :
You just approach HC you will get relief. Call me for more guidance.

Is it valid to do masters by distance during phD regular degree

Ans :
You just approach HC you will get relief. Call me for more guidance.

Is it valid to do masters by distance during phD regular degree

Ans :
You just approach HC you will get relief. Call me for more guidance.

Is it legal to give a DIPLOMA certificate by private training institute?

Ans :
Until you cheat students by false promises it is not illegal. Contact me.

Will a Partition Suit Dismissed for Default from both Parti in 2006 and Filed New OS with Same Plaint in 2010 hit under Res Jud

Ans :
No, as it was not decided on merits.

1)Is it illegal to have your pavements raised above the level of road in front of your home

Ans :
Dear Sir,

If no body objects it is fine.

Use of personal gmail email address by company customer service instead of corporate email address

Ans :
I.T.Law

Hanafi law of Inheritance

Ans :
Not very well aware.

How to transfer property

Ans :
Dear Madam,

Just get family geneology and have family settlement on a 200 rupees stamp paper and appraoch the concerned authority.

MY WIFE WENT TO THEIR HOME .SHE DINT RETURN NOW SHE WILL ASK SEPARATE FAMILY.I DONT LIKE THAT

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.

What is the meaning of suo motto?

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.

How much alimony a wife can get from husband if he is in a government job and earning more than 50000 and wife being in a privat

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 .

Consumer protection law covering violation of submitting false evidence in consumer court

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:

That I am defendant No.1 in this case as such know the full facts of this case. The plaintiff filed the present suit claiming himself as a co-sharer of the property and on the other hand claiming to the absolute owner of the suit schedule property. If at all he is co-owner he ought to have obtained consent of other co-owners by way of Power of Attorney before filing the suit. He entirely stated falsehood in his affidavit and also in his plaint which were declared by on ought as true and correct and also verified the plaint contents. Thus the very contrary contentions taken by the plaintiff in this case goes to show that he attempted to mislead this Hon’ble Court in order to grab illegal possession of suit schedule property.

When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed U/s 200 before competent magistrate. The Plaintiff claims to be a co owner of the Property. The Plaintiff has filed a suit for property partition against his family hence the said property rights are not with clear Titles. The Plaintiff has not disclosed the truth.

The deponent further states that, the Plaintiff submits that the 1 Defendant is a uncle. The deponent further states that, the Plaintiff has been tying a Rakhi to the wife of the 1 Defendant therefore the relationship changes. The deponent further states that, the Plaintiff has deliberately not disclosed the true fact.

The deponent further states that, the lease agreement was not made with any favors. The deponent further states that, the lease agreement was drawn with a intention of generating a Revenue so as to meet the Legal expenditure of Property Settlements Suit and other expenses. The 1 Defendant has been paying Property taxes and Property maintenance charges from the day the Plaintiff has entrusted the authority to the 1Defendant. The deponent further states that, the Plaintiff has not disclosed to the Honourable Court with a intention of misleading the true facts.

The Plaintiff claim that he has not received the security deposit of Rs.100000 is also false as the 1 Defendant had made a expense of the amount to get his wife a bail and providing a bond to the High Ground Police Station as she was involved in a Criminal Case.

The deponent further states that, the Plaintiff statement stating that the Defendant 1 has not done anything is completely false. The Defendant 1 has arranged for the Plaintiff Funds for his lively hood and the main house for him to live undisturbed with complete privacy.

The deponent further states that, the Plaintiff brother filled a police complaint against the Defendant as trespassing the said property. The deponent further states that, the Plaintiff made the Defendant file a suit for Injunction against his brother an himself.

The Plaintiff voluntarily put a sub lease clause for the benefit of the Defendant No.1 as services rendered.

The deponent further states that, the Plaintiff has never demanded any money as he knew that the Defendant No.1 is spending for his problems. As a matter of fact his wife has been taking funds from the Defendant No.1 from time to time for her Case against her mother in law. The deponent further states that, the Plaintiff has willingly extended the lease agreement on the ninth day of June 2014.

The deponent further states that, the Plaintiff has no need for the property as he loves to live in his father house which is very dear to him in remembrance of his late Father. The deponent further states that, the Plaintiff has executed a will in favour of the Defendant and also promised fifth percent of his share. He has promised in front of his Uncle and Aunty Mr. and Mrs. Beharilal Bathija when we went to attend a Marriage of his niece. Thus the conduct of the plaintiff invites criminal offences as such a criminal case as to be registered in view of documents available on record that is his own plaint and its verification and his other pleadings and affidavits. The entire documents and pleadings filed by the plaintiff and defendant No.1 shall be read as part of this affidavit.

Thus it has been established the plaintiff mislead this Court for the purpose of misleading the lawful authority thus plaintiff needs to be tried for the alleged offences which may be disclosed during the course of investigation and likely to disclose offences u/s 191,193,195,199 of IPC, 1860and be punished accordingly.

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.

Will Partition Suit Filed twice Hit under Res Judicata

Ans :
Dear Sir,

Partition suit not decided on merits so res judicata not applicable.

can a govt. servant be departmentally proceeded against on the allegation of nonperformance after promoting him to higher rank

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

Need help on Civil Case

Ans :
Dear Sir,

You just call me I will give different suggestions. You must immediately approach police and also file a civil suit.

Forced marriage and run away

Ans :
Dear Madam,

No consequences as per SC judgment. Please call me. The relevant cases are as follows.

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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.

"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.

https://timesofindia.indiatimes.com/india/nobody-has-right-to-interfere-if-two-adults-get-married-says-supreme-court/articleshow/62796304.cms

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

there is a fake resignation letter which I have created at the time of my resignation into my first employment

Ans :
Dear Sir,

Pleales what side effects do you facing in that regard.

Dental counsil regarding eligibility criteria

Ans :
Approach the High Court you will get some relief.

What does the meaning of no defence evidence

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.

Dental council eligibility certificate regarding nios

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.

Can I lose my govt job appointment for hiding information in passport application which I already did in 2016

Ans :
No, you have note done any such serious offence.

How to ascertain our legal right to block the pathway and retrieve the land? What are the legal options available to us?

Ans :
File a suit for permanent injunction let him contest the matter in Court.

Can builder halt the parking allotment after allotting some of the parking

Ans :
Get issue a legal notice.

How to Prove a Unregistered WILL ? What are the Suspicious Circumstances in Executing of WILL ?

Ans :
Please contact any local advocate for more information.

Whether Sale of property without probate before 2002 amendment in indian succession act is valid ? ( 1992 Registration ) ( Chris

Ans :
Without going the doucments it is difficult to suggest.

Whether will ( unregistered ) without examining of one of the attesting witness can be proved ?

Ans :
Recent citations can be provided on seing the facts.

Whether unprobated will ( Un registered )of christian let in evidence after 2002 amendment in indian succession act

Ans :
It can be only for limited purpose can be used

Will Principles of res judicata applies for suit for partition in view of previous suit dismissed for default by both Parties

Ans :
Principles of resjudicata applies if suit is decided on merits.

Can Registered power agent allowed by Court (40 Yrs Son of Plaintiff ) can depose for Principle in a partition suit ?

Ans :
Dear Sir

Please show the GPA AND EVEDIENCE. Supreme Court fbanned GPA evidence.

what can be done in this situation

Ans :
If you are in possesion then no need to bother.

what can be done in this situation

Ans :
If you are in possession of the property then nothing to bother.

if someone transfer money to my bank account from his bank account every month, can he ask me to return the money legally?

Ans :
No, you can resist in many ways. Call me I will tell you alaternative remedies.

How can recovery of money in cheque bounce case

Ans :
Please call me it cannot be answsered in one sentence.

My inlaw have put a complaint at mahila mandal for divorSe saying that I didn't have a relationship for 8 yrs.But my spouse wa.

Ans :
Nothing happend just tell them the tacts.

what can be done in this situation

Ans :
It is not valid.

Dispute on Daan Patra Land

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.

I need a decree from the cour.

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.

how can i protect my self from a bad women

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.

Second marriage case

Ans :
The judgment will be pronounced on 7.6.2018 and he will be convicted, you will win. For more clarifications please call me.

In what manner can I demand my share in the husband's estate and ask for maintenance from the estate.

Ans :
Dear madam,

You can file partition suit.

how will the property be divided and what is the procedure to fasten the auction?

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.

Are the Bonds/ Agreements/ Contract are valid in India for IT companies

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

http://www.mondaq.com/india/x/237806/employee+rights+labour+relations/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.

IS BC-C caste certificate valid in case of converted Christians from castes other than Scheduled castes?

Ans :
You please take authentivatede information from the concerned departments.

Dear Sir / Madam Greetings Total saleable area of my (ongoing construction) flat is 1767.10 & total plinth area is 1237.451

Ans :
Your question is not clear.

Can i resign the company without giving notice period time.

Ans :
Dear Sir,

Yes you can resign and claim damages for demoralizing your career and future without your fault.

Can I take a lagal action against a man who is older but has shown his date of birth 7 years younger.

Ans :
Dear Sir,

You c


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 Right It 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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