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for divorce, you can file mutual consent as well as Petition under section 13 B of Hindu Marriage Act. Petition under Section 13 B can be filed on the ground of cruelty.
You can file both Civil as well as Criminal case against the person who distributed frivolous letters containing defamatory imputations. First identify the person who distributed false letters. Then send a legal notice to him asking for his apology within 15 days. If the culprit is adamant and refuses to apologize, then first file a criminal complaint of defamation under Section 499 and 500 of the I PC. You will have to examine witnesses to prove the identity of the person who distributed the frivolous letters. You will also have to prove that by such imputations made by the accused, your reputation has been harmed . After collection credible evidence, you should also file suit for claiming damages.
It is now well settled law that only a relative of her husband by blood or marriage is liable for prosecution under Section 498-A IPC. Girlfriend or concubine, being not connected by blood or marriage, is not a relative of the husband for the purpose of Section 498-A IPC. The Apex Court in the case of U. Suvetha Vs State reported in (2009) 6 SCC 757 has held that persons who can commit offence under Section 498-A of IPC are husband and relatives only. Girlfriend, being not a relative cannot be charged under Section 498-A IPC
If the amount will be repayed, then there is no need to legal course.
You have to produce your appointment letter, if any, issued by Haryana Government or any of its Department. You have to prove that you were under the direct employment of the Government. Your appointment through service provider cannot help you getting back your job from the Government. However, you can try your luck by impleading the said service providers/private outsourcing agency by filing a writ petition in the High Court. But chances are quite bleak.
A divorced wife would not be entitled to the right of residence conferred under section 17 of D V Act for the reason of that right being available only to a woman in a domestic relationship. A divorced wife would be included under definition of aggrieved person. A divorced wife occupying a shared household can be evicted only in accordance with law. However, divorced wife can approach Magistrate’s court for an order U/S 19 D.V. Act if she is residing in shared household. Residence orders passed in such cases, would be subject to any proceedings for eviction in accordance with law, initiated by husband, as contemplated U/S 17 (2) D V Act. There can be no order to put a divorced woman in possession of a shared household, from where she had separated long back and relief can only be of restraining dispossession.
The prosecution under Section 138 of the Negotiable Instruments Act can be launched for vicarious liability against any person, who at the time of commission of offence was in charge and responsible for the conduct of the business of accused company. Merely because you did not sign the cheque in question is not decisive for launching prosecution against you. The other plea that the offences were committed without your knowledge cannot be considered at this stage considering the fact that the complainant would have specifically averred that negotiations had taken place with you along with other co-accused persons and you were aware about the whole series of transactions. Such a proposition of law came up before Hon’ble Supreme Court of India in the case A.R. Radha Krishna (supra), wherein their Lordships observed that: the issue as to what was the role that was played by the Director in the company or a person in charge of is ultimately a question of fact and no fixed formula can be fixed for the same.” Now, coming to jurisdiction under Section 482 CR PC to be exercised by the Honourable High Court, as per settled law, the Honourable High Court cannot go into the truth or otherwise of the allegations made in the complaint or delve into the disputed questions of facts. The issues involved in the facts raised by way of defense can be canvassed only by way of evidence before the Trial Court and same will have to be adjudicated on merits of the case and not by way of invoking the jurisdiction under Section 482 CR P C before the Honourable High Court at this stage. It would be advisable for you to take all your pleas before the Trial court as the chances before the Honourable High Court would be quite bleak.
The loan has become time barred. So it cannot be recovered. The time limit for recovery of loan is three years only from the date of signing of loan documents or from the date of last deposit of installment made in the account of your father. Or from the debt acknowledgment The Bank cannot use pressure tactics against you, this is all illegal activity on their part. Now the bank cannot file even a civil suit for recovery because 3 years time( limitation period) has passed. Now the only alternative they have is to close the account as bad debt. The bank officials are at fault for its non recovery in time for which departmental action can be taken against them by the Bank's senior authorities. You cannot be held guilty at all because you are no where involved in the loan. All the best.
You have to collect some evidence to support your allegation of false MLC. If you prove that MLC is false, you have two advantages: 1. You can take divorce on this illegal act on the part of your wife, which tentamounts to cruelty, which is a valid ground for divorce. 2. You can also file a complaint against her for forgery and cheating for filing false MLC. The only benefit of a compromise at CAW cell is peace of mind and restarting matrimonial life afresh. If your wife condones the cruelty on your part in writing, then she is precluded from using this false MLC in another complain under section 498A. Anticipatory bail can be granted to you only if you return 'Istri Dhan' (The gifts of your wife, relating to her marriage). If you get anticipatory bail, no question of jail arises. In case anticipatory bail is refused and you are also arrested, you will get regular bail in maximum 7 days time. Thereafter, trial under section 498A will commence and continue for 3-5 years. If your wife fails to prove charges of cruelty, you are liable to be acquitted. There is no need to take back MLC because after your compromise in CAW cell, in writing that MLC will loose its significance for future use.
Your case involves illegal and motivated changes intentionally made in the statements recorded under section 161 of the CRPC to weaken your case. You have already moved an application in the court for rectification of mistakes committed by the police in part II. This act on your part shows that you have already brought the correct facts on record before the Honourable Court. You will also have the opportunity to clarify this position in your deposition before the court. The statements recorded under section 161 CRPC before Police are used only to contradict the witnesses by the accused, otherwise, these statements are not a legally admissible evidence as per law. It would be better if you also make a written request in this regard to the Senior Superintendent of Police (SSP) concerned and Secretary Home highlighting the conduct of the police regarding changes made in the ‘relationship of witnesses and dates’ with the request to advise their subordinate officers to do the needful and present the challan correctly. PP also works under Home Secretary/Director Prosecution, so his wrong action/suggestion can be taken care of by his superior authorities as mentioned above. At the time of your actual deposition before the court, you can also record in your deposition/clarify, the steps taken by you for correction of the wrong doings that will save you from making contradictory statements on oath in the court. If you also meet personally the Home Secretary and SSP with your representations, both of them can help you in presentation of correct charge sheet and they may also initiate disciplinary action against their subordinate staff i.e. Investigating Officer of your case/PP. For winning your case, you have to ensure that there should be no material contradictions, Omissions or Improvements in your statement/statement of your witnesses. All the best.
Section 13(8) of the SARFAESI Act, after its substitution by Act 44 of 2016 with effect from 01.09.2016, provides that, where the amount of dues, together with all costs, charges and expenses incurred by him, is tendered to the secured creditor at any time before the date of publication of the notice for public auction or inviting quotations or tender from public or private treaty, for transfer by way of sale of the secured assets, the secured asset shall not be transferred for sale by the secured creditor. Prior to its substitution by Act 44 of 2016, Section 13(8) stipulated that if the dues of the secured creditor, together with all costs, charges and expenses incurred by him, are tendered to the secured creditor at any time before the date fixed for sale or transfer, the secured assets shall not be sold or transferred by the secured creditor, and no further steps shall be taken by him for transfer or sale of that secured asset. After its substitution, Section 13(8) of the SARFAESI Act recognises the respondent bank's right to tender, from public or private treaty, for the transfer by way of sale of the secured asset. The decision whether or not to tender the secured asset by way of private treaty, for its transfer by way of sale, is at the discretion of the bank/financial institution. The right conferred on the borrower is to redeem the property at any time before such an exercise is undertaken by the bank/financial institution. Section 13(8) does not obligate the respondent-bank to sell the subject property by private treaty, even for receipt of the OTS amount which is far less than the total amount due from the petitioners. While Section 13(8) of the SARFAESI Act acknowledges the power of the bank/financial institution to tender the secured asset, for sale by private treaty, it does not obligate the bank to release the property piecemeal as and when proportionate payment is made by the borrower.
Assured Career Progression (ACP) benefits cannot be offered to an employee who had been offered regular promotion before grant of ACP benefit and the regular promotion has been refused by such employee, as she/he becomes ineligible to the grant of the ACP benefits when an employee refuses the offered promotion. If a regular promotion is offered but is refused by the employee before becoming entitled to a financial up gradation, she/he shall not be entitled to financial upgradation only because she has suffered stagnation . This is because, it is not a case of lack of promotional opportunities but an employee opting to forfeit offered promotion, for her own personal reasons.
If your wife is contesting number of cases against you including domestic violence that can certainly cause mental injury to her particularly in view of the fact that she is living alone with her minor son. This fact shows that certainly mental injury has been caused to her particularly in view of the fact that she is living alone with her minor son. Clause 9 of the scheme for women victims/survivors of sexual assault/other crimes 2018 provides for grant of compensation. As per clause 9, the minimum limit of compensation is ₹ 1 lakh for grievous physical injury or any mental injury requiring her rehabilitation. Upper limit of compensation is ₹ 2 lakhs. She can definitely claim compensation from the husband as per the above-mentioned scheme through District Legal Services Authority.
Your wife has deserted and neglected you. As your wife is living in adultery and allegedly the daughter has not been born out of the cohabitation between you and your wife. Consequently, it can be construed that your wife is not entitled to maintenance. But you have to prove your allegation of birth of your daughter by producing DNA profile of you as well as your daughter. As per section 125 (4) CRPC, no wife shall be entitled to receive [allowance for maintenance or interim maintenance and expenses of proceedings, as the case may be] from her husband under this section if she is living in adultery, or if without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. From the circumstances as emerging in the instant case, it emanates that your wife is living in adultery and your daughter cannot be termed as legitimate child of you and to fasten you with the liability to maintain the baby child does not arise. Thus, your wife is not entitled to maintenance under section 125 (4) of the CRPC.
It will all depend upon the defense to be taken by the purchaser. If the purchaser denies purchase of gold ornaments supported by his affidavit, it can be deemed sufficient ground to entitle him to grant leave to defend his case as during trial he may be able to establish his defense. In State Bank of Hyderabad Vs Rabo, 2015(4) CCC 696(SC) the Honorable Apex court has held that once applicant raises a triable issue or a reasonable defense, applicant is entitled to the grant of unconditional leave to defend his case. Consequently, leave to defend can only be granted in a situation where an applicant raises a triable issue or some reasonable defense.
Section 304B relates to dowry death. According to this section (1) where the death of a woman is caused by any burns or bodily injuries or occurs otherwise than under normal circumstances within 7 years of marriage and it is shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death and such husband or relative shall be deemed to have caused her death. The punishment prescribed for dowry death is imprisonment for a term which shall not be less than 7 years, but may extend to imprisonment for life. The prosecution must prove that (i) the death of woman has been caused by burns or bodily injury or occurred otherwise than under normal circumstances ii) that such death have occurred within a period of 7 years of her marriage; iii) that the woman have been subjected to cruelty or harassment at the hands of her husband, soon before her death (iv) and such cruelty or harassment related to demand for dowry. Section 113 B of Indian Evidence Act relates to presumption as to dowry death. When the question is whether a person has committed the dowry death of woman and it is shown that soon before her death such a woman has been subjected by such person to cruelty or harassment for or in connection with, any demand for dowry, the court will presume that such person had committed the dowry death.
Any delay in paying traffic challan can invite serious punishment like imprisonment and even intervention from the court. So, it is best that you keep checking for any pending e-challans using these steps. The central government implemented the amended Motor Vehicles Act (MVA) last September in order to increase road safety. The act levies hefty fines for traffic violations and has also led to stricter monitoring by the authorities The authorities are using these equipment to check for offences like over-speeding, jumping red lights, wrong parking, etc. The violators so found are then issued an e-challan, information of the same is sent to them via SMS. But some times these intimations do not reach the vehicle owners for a variety of reasons. As a result, these challans remain unpaid even past their due date and can invite serious punishment like imprisonment and even intervention from the court. So, it is best that you regularly check for any pending traffic violation penalties. Here's a simple five-step guide on how to check for traffic challans online. Step 1 Log on to https://echallan.parivahan.gov.in/ and click on 'Get Challan Details' Step 2 You can check e-challans against your vehicle by entering vehicle number and either the last five characters of the chassis number or the last five characters of engine number. So, keep these details handy. Step 3 After entering vehicle's details and the verification code (captcha), click on 'Get Detail', which will display if any challan is pending against the vehicle. If in case you do have a pending challan, then the portal will also display all the concerned details like time and place where the offense was committed along with a photo evidence. Step 4 This portal also offers the convenience of paying the challan online. Simply click on 'Pay Now' to initiate an online transaction. Step 5 You will now be taken to a secure payment gateway that allows you to choose from various methods of payment. In each case, your details will be verified using an OTP (one time password) and you will be provided a receipt once the payment is successfully made.
(1) A waqf may be constituted only for those purposes which are recognized as religious, pious or charitable in Islam whereas, a trust may be constituted for any lawful object. (2) Except under Hanafi law, the founder of a waqf cannot reserve any benefit for himself, but the founder of a trust may himself be a beneficiary. (3) The powers of a mutawalli (manager of the waqf-property) are very limited as compared to the powers of a trustee. (4) A waqf is generally perpetual and irrevocable, whereas, a trust need not be perpetual and may also be revoked under certain conditions. Because of the above-mentioned differences between waqf and trust, the Indian Trust, Act, 1882, is not applicable to Muslim waqf sin so far as the nature and operation of waqfs are concerned.