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Latest Legal Advice & Articles

It is not mandatory for the accused to be arrested automatically upon the lodging of an FIR

Whether it is mandatory that the accused may be arrested after lodging an FIR? I am accused in a criminal case punishable under section 323, 504 IPC. When the offence was committed I was in Mumbai where I’m working in a company. The investigating officer is pressuring my family to call me and produce before the court otherwise an arrest warrant will be issued against me. My parents are afraid and they have bribed him to protect me from possible arrest. Now he is not disturbing me. What is the possibility of arrest in that offence?

Quashing of cheque bounce case if director was resigned much before issuance of cheque

I was a director in the company to which some dispute arose. Then I resigned from the directorship and started a new company. After five years a criminal case has been initiated against me under Section 138 of the NI Act. I was astonished to see that the date mentioned on the cheque is just four months before. How does it possible that I have committed an offence when there is no relation between me and that company? Sir, please help me to settle this criminal case?

My friend harassed me and I felt uncomfortable due to illegal acts

He was my friend. I went to the market with him. After the market, He asked me to drop home. I also said fine. But, Then, When he was going back home. He first hugged me. Until then, It was okay, But, Then he kissed me on my forehead, I got uncomfortable and then he tried to kiss me on the lips. He unfortunately kissed me. For that instance I was not in my senses about what had just happened. Then, I slapped him and tried to push him. But! He kissed me again. I shouldn’t let him inside my house. But, Now I’m feeling very dirty. I am thinking of taking legal action against him. What should I do?

Whatsapp chat can be used as evidence to prove that boyfriend made promise to marriage

My boyfriend does not refuse to marry. He said that he never promised to marry. But I have whatsapp chat and video recordings. We are good friends and he has promised me to marry thereafter, I agreed for a sexual relationship. I was just 15 years old when I first established a sexual relationship with him. He taught me how to do sex and upon his instigation I used to sex with him. He is my relative and stayed in my house for study. My father died in 1987 so my mother got service in the ETU department of Kerala government. In absence of my mother he instigated me to be nude and have sex. We always remained nude the whole day and had sex for three-four times a day. He has sexually exploited me and always played with my emotions. Due to such a ugly association I have very big breasts and look more mature than other girls of my age. Now he has settled in Dubai and is avoiding contact with me. I told my mother but she refused to help me. She is living with her XXX uncle and happy with that illegal relationship. Hence, I have no support to get married with XXXX.

How to tackle imminent danger posed by stray dogs

I am living in Thane City. In my housing complex, there are stray dogs around 10-12. two of the stray dogs are always biting people out of sudden without any warning. They also charge people who are jogging, delivery guys and kids playing. What we can do to remove the only dogs which are biting people. 6 incidents have been recorded in the last two months for the same dog biting people. What we can do to take dogs away from the society complex. A number of people do not want that dog to be in our complex because it bites their kids. Dog feeding complexes have dedicated places to feed stray dogs yet people are feeding them at the entrance of society buildings or other areas where kids play. Can we charge them for not feeding dogs at assigned places? We are not against feeding but people should obey rules to feed the dog at dedicated places assigned for this task. if we stop them then they are blaming us as if we are opposing them from feeding.

Husband is not appearing in the court despite service of summons

I am a female, got married in Jan 2022, my husband and in-laws concealed his first marriage as I found an affidavit in his suitcase on the same. I have filed DP,DV, and 125 crpc against them and Chargesheet has been filed already. My in-laws got bail but my husband is neither applying for bail nor appearing in the court. Is he doing that to keep extending dates and not face trials? Husband refused to take summons twice and the court is again sending summons to him instead of BW. Upto how many times he can deny to take summons? What’s the benefit for him if keep refusing summons and not appearing in court? I have strong evidence of his first marriage, abuses, and violence he did on me and my parents.

Passport granting officer refused the certified copy of the order and demanding NOC from the court

I was issued a short validity passport valid for five years by a court order in 2021 due to an ongoing criminal case. However, my court case was disposed of and closed in October 2023. I possess a copy of the disposal order for my court case, and I have no pending cases against me in any court of law. I wish to renew my short validity passport to a full ten-year passport.
When I went to apply for my passport renewal, the passport granting officer asked me to bring a No Objection Certificate (NOC) from the court, and my application was put on hold. I informed the granting officer that my case has been disposed of and no case is pending against me in any court. I even presented a certified copy of the disposal order, but the officer refused to accept my application. Subsequently, I went to the session court to obtain the NOC. However, the judge refused to provide the NOC, stating that the court does not issue NOCs for disposed cases. I seek your advice on whether I should approach the High Court regarding this matter.

Resignation not accepted by state government resultantly unable to join new job in central  government

I joined as an Auditor in the Odisha government in February 2023 and gave my resignation in September 2023 to join a position in the central government. Since then, my salary has been stopped, but my resignation was not accepted due to pending work regarding the non-submission of audit reports. I expressed my inability to submit the reports citing reasons and showed willingness to refund the amount of my salary for the days of default. However, despite three reminders, I have not received any response for about six months now.
I did not take up the previous central government job for which I requested resignation. However, I have now secured another central government job. Could you please advise me on the procedure I should follow now and what actions could be taken?

All Legal Advice

Passport granting officer refused the certified copy of the order and demanding NOC from the court

I was issued a short validity passport valid for five years by a court order in 2021 due to an ongoing criminal case. However, my court case was disposed of and closed in October 2023. I possess a copy of the disposal order for my court case, and I have no pending cases against me in any court of law. I wish to renew my short validity passport to a full ten-year passport.
When I went to apply for my passport renewal, the passport granting officer asked me to bring a No Objection Certificate (NOC) from the court, and my application was put on hold. I informed the granting officer that my case has been disposed of and no case is pending against me in any court. I even presented a certified copy of the disposal order, but the officer refused to accept my application. Subsequently, I went to the session court to obtain the NOC. However, the judge refused to provide the NOC, stating that the court does not issue NOCs for disposed cases. I seek your advice on whether I should approach the High Court regarding this matter.

Resignation not accepted by state government resultantly unable to join new job in central  government

I joined as an Auditor in the Odisha government in February 2023 and gave my resignation in September 2023 to join a position in the central government. Since then, my salary has been stopped, but my resignation was not accepted due to pending work regarding the non-submission of audit reports. I expressed my inability to submit the reports citing reasons and showed willingness to refund the amount of my salary for the days of default. However, despite three reminders, I have not received any response for about six months now.
I did not take up the previous central government job for which I requested resignation. However, I have now secured another central government job. Could you please advise me on the procedure I should follow now and what actions could be taken?

How to ensure re-entry in matrimonial home?

I seek a residence order as I have been at my parents’ house for nine months now. I have a two-month-old child, and my husband abandoned me in the middle of my pregnancy. I have filed an FIR against him, but he secured anticipatory bail, and all legal proceedings are still pending. Can I re-enter my matrimonial house?

Sapinda relation in Hindu family for ancestral property

I have some confusion about the sapinda relation. My father and me are want to get share in the ancestal property but the court is adament to reject our plea on the ground that we do not come under the concept sapinda as explained in the Mitakshra Law of inheritance. Now please advice what is sapinda and how to claim our share?

Quashing of charge sheet for the want of sanction for offence under Section 354B IPC

I am working as an executive officer in the nagar palika. There was some dispute regarding the payment of wages among the sweepers. They were called band and doing dharna pradarshan in the premises of nagar palika. After intervention of the district magistrate they called of their pradarshan and resumed their job. The hartal was lasting for thirty four days. There was no order from the sashan for payment of wages during the hartal period. When those sweepers were demanding salary for the hartal period, I refused. Consequently, one lady sweeper went violent and threatened me in front of the office bearers. Later on she lodged an FIR against me under section 354B IPC. Now charge sheet has been filed against me. This is an another story not necessary to disclose here. When the prosecution requested for granting sanction for prosecution, the competent authority has refused. Despite the refusal charge sheet has admitted and process has been issued against me. I want to quach this proceeding, therefore, contacted some advocates and they suggest to contest the case. Whereas i want to quash this case on the ground of want of sanction. Please help.

Quashing of FIR against the travel agent

In 2018, I arranged a tour booking for a family to the USA through an agent in the USA. However, due to a medical issue faced by one of the travellers, they requested to postpone the trip. Subsequently, the COVID-19 lockdown occurred, further delaying their travel plans. In 2020, when they expressed a desire to proceed with the tour, I was unable to contact the USA agent. I assured the travellers that I would organise the tour once I secured the necessary funds.
However, in 2022, a family member from their group filed a First Information Report (FIR) against me. I applied for bail in the sessions court, but it was rejected due to inadequate representation by my lawyer. Consequently, I approached the High Court and obtained interim relief. Unfortunately, I made an error by committing to repay the tour amount in instalments through an affidavit, which I was unable to fulfil. As a result, they vacated the interim bail in October 2023, and the case against me is ongoing.
I believe that the case is being unjustly treated as a criminal offence when it is, in fact, a civil matter. I suspect that the opposing party exerted pressure on the police to escalate it to a criminal offence. I am currently facing difficulties as a result of this situation, and I am seeking assistance to have the case quashed in the High Court.

Share of beneficiary in the will

My dad made a registered WILL and in that WILL mentioned that any ancestral property in his name will be transferred to stepmother’s name and my name. Can she get 50% share in that property?

Unregistered floors and denied shares in the family property

The house that belonged to my father was constructed by my brother without obtaining signatures from any of us siblings. The floors were built in the name of my mother-in-law after my father’s demise. However, she is no longer present, and both my brothers reside on the two floors. We are not receiving any rent, and when I request a share, they refuse. Additionally, neither of the floors is registered in anyone’s name. Please guide me.

I called off marriage can my girlfriend initiate legal proceedings?

I was in a romantic relationship with my girlfriend, and we had informed and convinced our parents about our decision to get married. However, when my girlfriend underwent a major abdominal surgery, my parents pressured me to call off the marriage, and I ultimately chose to comply with their wishes. She is very upset and now planning to file criminal case against me. I don’t understand what to do. I feared that there was sexual relationship on the pretext of marriage.

Village committee has blocked the public road

I am from a village in odisha, India, I have two separate plots which are in my name and they are adjacent to each other and their boundaries joined. In front of both the plots there is government land and in front of that land there is the main road. I have built my home in the first plot and have not done anything in the second plot. My village committee is allowing me only a single passage from my home to the main road but they are blocking the passage to the main road from my second plot. And they are threatening me to boycott from the village if I demand a road for my second plot. Is it legal from my village committee or by government rules?

The bank has terminated one of its employees without reason

The bank has terminated the employee and blocked all communication, including the employee’s ID, without providing any discernible reason. Despite being a permanent employee of this nationalised bank (SBI), the grounds for termination remain unexplained. In light of this situation, what recourse is available for me to seek reinstatement?

Wife claiming maintenance whereas she lived only a day with the husband

My wife has recently resigned from her job and filed a maintenance case, demanding 30k per month. The details of my case are as follows: Duration of marriage: 1 year [lived separately since day 1] Children: Nil Marriage Act: Special Marriage Act. Wife’s Education: BCOM + completed a company accountant course + cleared IPCC exams. Currently appearing for CA final exams. Wife’s Employment: She was gainfully employed in an MNC private sector accounting firm, earning Rs 50K. However, she resigned two months before filing the petition. Wife’s Residence: She is staying with her parents but is not mentioned in the petition. Husband’s Education [Me]: BE, Husband’s Residence: Rented Husband’s Occupation: I was employed as an engineer in a mid-scale company, earning 70k. However, I have resigned and am now seeking higher position jobs. Husband’s Liability: I have a personal loan for my brother’s marriage of 3L, paying EMI 15k per month. As we have never lived together, do not have any children, and she is well-educated and was gainfully employed even after marriage, it seems she has purposefully resigned to mentally harass me.

Section 8 Bhartiya Nyaya Sanhita

Section 8 Bhartiya Nyaya Sanhita: Amount of fine, liability in default of payment of fine, etc. Section 8: (1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.  (2)...

Can I force a person to marry after his refusal

I met someone through a matrimony group’s marriage advertisement, and for three months, he has been in touch with me through phone calls and messages. We were dating, had a meeting, and shared a room, during which he expressed his intention to marry me. However, I recently discovered that he has been in a relationship with another woman for the past four years. He claims that this is the reason he cannot marry me. How can I legally compel him to marry me?

My neighbour has damaged my boundary wall

My house is in centre of street and we have two gate front and behind which open in two different streets one street is wider and other street is very narrow, The problem is my neighbour bought house in narrow street which is right next to his own house in wider street and merged it with his house in wider street and did some construction this all happened 5 years ago and now I believe that my neighbour during construction decreased the thickness of my boundary wall between my house and that house in narrow street which he bought from 9 inch to 4 inch What should I do next Please help me it would be a great help.

Police has arrested my brother from village and kept him in illegal detention

A special team of Delhi Police has apprehended my brother in our village in Bharatpur, Rajasthan. Subsequently, the police personnel took him with them to Delhi. I possess CCTV footage that substantiates my brother’s arrest in his village. Despite my inquiries, I have received no information regarding his current whereabouts. I am concerned that my brother may face an encounter with the Delhi Police. Please provide assistance.

Mutation of government land occupied by parent on lease

We have a lease deed land from govt. Our father had expired and he had the possession on the land but construction is not done. Our mother has also expired. As legal heir me and my sister wants build one house of our own with housing plan. We do not want to do mutation. As we both are the only legal heirs. So if we get a housing plan shall we construct a house of our own. please advise.

Construction on rooftop

Sir, I have a second story with a rooftop and want to build a one-room set on the terrace, but I’m afraid he’ll halt the construction by calling the police or filing a complaint against me. He also filed a civil court case against me for water dampening in the walls and he already knows the problem is coming from adjacent building and not ours. What can i do?

Balancing promotion, personal challenges, and legal considerations

Sir, I am a central govt employee, from Delhi and working in CPWD. I have been transferred on promotion to Haldwani, Uttarakhand. It’s been almost 13 years of my marriage and we don’t have a child till now. My wife has been undergoing IVF treatment from AIIMS, Delhi since 2019. Due to COVID, the treatment was interrupted for almost 2 years. Due to some complications, IVF is not being successful and doctors are continuously working on it. If i forgo my promotion, I will be debarred for promotion for the next one year and some financial penalties will be levied by the department. I represented against my posting on medical grounds which is not conceded by the department. Please advise me what should i do? Is there any laws or policies that help me to retain in Delhi with promotion?

Protecting our family from threats and violence

My daughter was entrapped by her classmate during graduation. Upon realizing that he is not the right person for her, she decided to end the association. However, the boy persists in sending emails and threatening messages. Disturbingly, he attacked us directly at our home and even damaged our car. He is now threatening to set our house and car on fire, putting our entire family at risk.

Please advise us on how we can protect ourselves and resolve this issue. Are there any legal avenues we can pursue for assistance?

Closing fixed deposit when father is not traceable

Based on negotiation prior to the divorcee decree, an account of Rs.2.5 lakhs was deposited in FD in the name of my minor daughter by her father (my ex husband) in Syndicate Bank. Now this bank is merged with Canara Bank. The interest of the deposit amount was credited to my account quarterly for her maintenance. Now she is completed 18 years. For her studies we want to close the FD and use the amount. The Canara bank says that her father has to attend for closing the FD. The divorcee was 13 years back and we do not know the whereabouts of her father. Kindly advise what we can do to get the amount. Thanks

How can I claim enhancement in maintenance if husband got promotion and receiving higher salary

I am a divorced woman. I have been receiving 15000 maintenance for 10 years. Over the years my maintenance has remained the same. But due to inflation and price rise I am unable to sustain myself. However, my ex husband who is a professor in a university receives a good sum of money. But still he has not increased my maintenance. I have no children and am not working. How and to whom to apply to increase my maintenance?

Tenant wants landlord’s details for drug license

I am planning to rent my property to a pharmaceutical business tenant who wishes to apply for a drug license. They are requesting my signature, photograph, and other details for the application. Could I potentially face any legal issues in the future by providing the requested information?

Sarwan Singh v. State of Punjab 1976 4 SCC 369

Sarwan Singh v. State of Punjab 1976 4 SCC 369 This appeal, under 3. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, challenges the conviction of Sarwan Singh under Section 302. I.P.C., resulting in a life sentence, and the...

Can I evict my brother and his wife from my house

My brother and his wife had been residing with my parents and me since their marriage in November 2022. In November 2023, my mother executed a gift deed, transferring the property to me as the elder son. Presently, I no longer wish for my brother and his wife to continue living in my house. Despite both of them being employed in government services, they have been residing at their respective places of assignment since their marriage. Throughout the year, they have only visited the house on two occasions.

Am I legally entitled to file a suit for a permanent injunction to prevent them from entering my property? If so, what legal remedies are available to them in response to such an action?

Common place in appartment

Few days back someone from my society had installed a JIoFiber receiver above our roof without our permission. When I complained about it to the society, the secretary told me that it was installed on the wall of the water tank and according to him it’s a common place for the society to use. However, that portion of the tank is above our apartment.

In relation to this case I would like to know the following.

1. I would like to know whether I can claim that the part of the water tank which is above my apartment is a part of my property or not?

2. That Jio subscriber stays on the ground floor and the receiver was installed on the roof of the 3rd floor. Does the roof above the 3rd floor belongs to the owners of the 3rd floor only or it also belongs to the owners of other floors of my apartment building?

Revision in maintenance case has been dismissed

MC Filed on 3.8.2016 and ordered on 22.3.2023 Wife and Children each 2000 *3 = 6000 from date of application and I went for revision to sessions court which is dismissed due to not attended in corona but 91 CrPC is pending in August 2021. and they filed arrears petition in JMFC on 28.12.2021 for the period 3.8.2016 to. 3.7.2017 I replied that is a statutory Period one year limit is over now my doubts is this petition is maintainable or not then how can I take stay on this pls give your advice to me.

FIR for claiming car insurance

I filed an FIR for claiming car insurance and now they tell me that I have to pay ₹4000 in the court to quash the case. There were no fatalities, no destruction of public property. Only my car got completely destroyed because the tire burst and the car toppled over. Please advise if I have to pay any court fees.

How to add title Verma in land records

Sir, my name was Jeet Singh till 9th class but while filling up 10 board exam I added Verma to my as well as my father’s name. Later I joined IAF and now all my documents have Verma in my and my father’s name but khatauni doesn’t have verma in my as well as my father’s name. I want correction in my name with Verma in Khatauni. Please advise.

Map showing wrong dimension and area of my land

Hello, sir, I have a property with an area of 4380 hectares. However, I am facing an issue as the map is showing less area than it should, and the patwari is allocating less space. If we are constructing, he is suggesting to do so based on the revenue record, but he has advised us to get the map corrected. Now, I am not sure what to do in this matter. Initially, he created confusion by suggesting that this property is not yours; it belongs to someone else, and it is barren. However, he is now saying to correct the map. Additionally, the current map has incorrect details. When we obtained the old map, it showed half of the frontage, but now, even after measuring, we have not received the complete frontage, and half of our land is occupied according to the measurements. After considering these issues, I would like to seek consultation with you, and I hope you can guide me accordingly.

When Love Turns Sour: Deception, Betrayal, and Legal Challenges in My Engagement Journey

Bride and I got engaged on 08.06.2023 and the marriage was scheduled on 07.12.2023. Bride and her family since beginning were fake and fooled us. She was going to job and all hide this from us. Since she was going to job whenever I call or message she was avoiding. I used to go every week to meet her and we travelled around for 2.5 months. There was some misunderstanding because of bride not giving time and she was also hiding most of the topics from her parents and blackmailed me not to say anything at home. She said some negative points about me to her parents and they all decided to cancel the marriage. I have spent more than 50000 in 2 months for her. We had made advances of 500000 plus outside for marriage. When asked she said phone calls and messages r the reasons for cancelling this marriage.

In presence of elders we had a meeting and requested not to cancel the marriage keeping calls and messages as topic and also showed all the receipt of advances made. Elders requested bride but she was not ready to move ahead. At last, elders told bride family to give 150000 as compensation but they after accepting did not give amt and filed a fake complaint against me and my family members for which FIR was filed 354d 504 and 506. We took bail as well.

What actions can be taken against bride and her family for giving fake complaint and I have all the evidences. Please advice.

Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

Drug-related crimes in India

Drug-related crimes in India pose a complex and multifaceted challenge. The country faces issues related to the production, trafficking, and abuse of illicit substances, encompassing a range of challenges from cultivation and distribution to substance abuse and...

Scientific investigation of crime

The scientific investigation of crime involves the application of various scientific methods and techniques to analyze and solve criminal cases. The field of forensic science plays a crucial role in this process. Forensic science laboratories Forensic science...

I lied to my boyfriend about my divorce now he refuses to marry

In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Can a single accused seek quashing of FIR

An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

School authorities are creating a private nuisance

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

My wife and her family don’t allow me to meet my daughters

My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.

Sudden death: Investigation process

Sudden death: The process of investigating sudden, unexpected, or violent deaths is typically conducted by forensic professionals, such as forensic pathologists, medical examiners, and forensic investigators. This process involves several key steps: Scene...

Delving into the Realm of Forensic Pathology

In the intricate world of criminal justice, where truth often lies hidden beneath layers of evidence, forensic pathology emerges as a beacon of scientific illumination. This specialized field of medicine bridges the gap between the living and the deceased, employing...

Husband denied to access my matrimonial home

I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.

However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.

CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?

I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?

Terminated from service on the ground of bigamy

Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.

Alleged Forgery and Misrepresentation: Discrepancies in BPCL Petrol Pump’s Diesel Storage Reported to PESO

Petroleum & Explosives Safety Organisation (PESO) issues license to Bharat Petroleum Corporation’s petrol pumps for storage of Petrol/Diesel. A petrol pump of BPCL illegally filled diesel in a tanker beyond the permissible limits for which a complaint was lodged by me with PESO. PESO asked for an explanation. In its reply, the BPCL officer under reported the quantity of diesel filled in the tanker and in support of his claim, submitted a forged sales data which was prepared after deleting sales entries from the computerised records. The fact that the sales data was forged was brought to the notice of PESO by me after PESO shared BPCL’s reply with me. PESO again questioned BPCL to which they confirmed that their dealer had deleted entries from the data. Subsequently, PESO has written to the police to take action under the Petroleum Act according to which the offence is bailable whereas I am asking PESO to file an FIR since forgery of data, preparation of a false document and its use as a genuine one is a serious offence under the IPC. The PESO officer refuses to do so. Is he right in not filing an FIR ? Am I unjustified in demanding an FIR in the matter ?

Can victim lodge FIR after forceful abortion

My cousin was in a relationship with a boy from a different religion for three months. They were serious and were planning to get married in future. However my cousin became pregnant by accident. When the boy informed his parents they immediately restrained him from contacting my cousin. She got an abortion done without taking a single rupee from them. She is unable to contact the boy as his parents have taken complete control. Now my cousin wants to lodge an FIR against the boy. She doesn’t have any money and she lives all alone in the city where the boy and his family lives. If my uncle and aunt find out they will throw her out of the house. In such a scenario can she lodge and FIR and go to court?

Am I bound to maintain my real and stepmother simultaneously

I am facing a legal dilemma regarding the maintenance of my stepmother. She is claiming that I have to provide for her financial needs, even though she has two biological daughters who are capable of supporting her. She argues that since I am taking care of my biological mother, I have a moral obligation to do the same for her. However, I do not agree with this logic. I do not have any emotional or legal bond with my stepmother, and I do not think it is fair that I have to bear the burden of her expenses. I am very confused and frustrated by this situation.

Current legal status of ‘triple talaq’ in India

I work as a fashion designer, and my husband is a doctor. Since the outbreak of COVID-19 in 2019, my business has been on a decline, leading to financial losses. Unfortunately, my husband has declined to provide me with financial support during this challenging time. Moreover, he pronounced ‘talaq,’ which was ‘talaq ul biddat.’

I would like to understand the current legal status of ‘triple talaq’ in India. As a woman facing financial difficulties, I am in a destitute situation and require assistance to support my family. Can Waqf provide financial aid to help me sustain my family?

Facing a decade of mental abuse: navigating divorce, alimony, and custody battles

My cousin has been in a mentally abusive relationship with her husband for 10 years now,and has terrible in-laws who are ruining her marriage.she has 2 kids.her husband is rich,but irresponsible,immature and insensitive and mentally abusive and was physically abusive too,at times.this has damaged my cousin’s sense of well being and she has developed anxiety,hypertension,mental stress.he has kept her away from his home saying that her mother too has to take responsibility of looking after her..he doesn’t provide maintenance except for one child’s school cousin’s mother is looking after a fit of anger,due to hypertension my cousin had used bad language against her husband..this has happened time and he is blackmailing her with those messages to avail divorce and escape alimony and trying to further mentally torture her by snatching away the kids..he has never been a committed father though the kids like cousin though qualified,is a homemaker and is not working..she has little income but it won’t suffice for her and her kids as per her lifestyle.there have been some telephonic conversations too where this happened.can she claim alimony if her husband wants to divorce her based on those watsapp chats and phone conversations where she used offensive language after being provoked by him?and what about the kids? she wants peace in life and financial security for herself and kids

Unfair trade practice adopted by carpenter

After nearly five months, the carpenter referred to has consistently failed to complete the work on time as initially promised. Despite releasing funds in accordance with the work and timeframe, the carpenter has offered constant excuses and explanations for the delays. Furthermore, there have been issues with materials being delivered late. After waiting patiently for an extended period and having multiple follow-up attempts, the carpenter is now introducing false additional charges and harassing the client, even though 90% of the quoted amount has already been paid.

The work was not supervised adequately, and there was no dedicated supervisor overseeing the project. Inspections were infrequent, typically occurring once every two weeks or even a month, and the client had to repeatedly contact the carpenter for progress updates. To address this situation, guidance on appropriate actions to take is requested.

Submit your passport application and required documents at your nearest Passport Seva Kendra

I have had a passport since 2005, but it expired in 2018. Around that time, I applied for its renewal. However, due to pending legal cases, I was unable to renew it. The cases were closed in February 2023, so I applied for a fresh passport. Everything went well with my application, including police verification. I provided the relevant court orders.

Finally, I received an objection letter stating that I must bring the original case documents in person to the Regional Passport Officer in Vijayawada, which is located in Vishakhapatnam. Given that the distance is quite far from my location, approximately 700 kms, I am seeking your suggestions for a solution.

I also sent an email explaining that if my personal attendance is required, I can attend the Passport Seva Kendra in Kurnool, which is much closer to me. Thank you.

Divorce within one year of marriage on husband’s inappropriate behavior

The individual is pursuing a divorce within one year of marriage due to several substantial issues. These concerns encompass the husband’s inappropriate behavior and his insistence on the wife’s mother-in-law and siblings’ involvement. Additionally, the husband’s failure to disclose significant personal loans has disrupted his financial stability, leading the wife to believe that the marriage revolves around financial motives, leaving her feeling exploited. Moreover, the wife is troubled by the husband’s overly intimate relationship with his sister, and there have been ongoing disputes concerning the retrieval of gifted jewelry. Past family conflicts and disagreements over living arrangements, coupled with persisting financial and in-law disputes, have eroded the marriage’s foundation, resulting in a lack of love, care, and respect and frequent arguments. These cumulative issues have created a strained and unhappy marital environment, prompting the individual to seek a divorce.

Family members are trying to buy my property

My family members are trying to buy my property using preemption right at a lower cost in Kolkata, West Bengal . I have one bigha land with a pond and 1000 sq feet renovated house in North 24 parganas. I’m getting higher price from outside people. What should I do to get higher price of my property?

Boyfriend did not fulfill his commitment

From 2021 to 2023, there was a commitment to marriage. However, this commitment was abruptly broken, and the person returned home. Throughout this period, they consistently claimed financial constraints, which led to me covering all expenses. Additionally, I was never introduced to any members of their family or friends. To make matters worse, all of my belongings were taken.

Cheque number mismatch in sale deed

A sale deed of property was executed between buyer and seller. Buyer made payment to seller in advance thru four cheque numbers and one NEFT transaction and all payments were realized After few days sale deed was executed. After few months it was noticed that two cheque numbers out of four cheque numbers are not matching with the actual cheque numbers which were paid in advance by the buyer. BUYER was informed and he gave a notarized affidavit stating all the correct cheque numbers in the affidavit giving reference of sale deed. There is no other change in sale deed. Is it O.K. or anything else needs to be done.

My pensioner mother is demanding maintenance from her son

Hi. My mother lives in our own house in Kolkata with my unmarried sister. My father died in 2014 and left no will. The house now has 3 equal shares between the three of us. My mother is demanding that I give away my share of the house to her. Otherwise my mother has threatened that she would demand maintenance from me. My mother is a family pensioner and also has a lot of money invested in the bank earning interest. She is staying in her own house built by my late father. Can she demand maintenance from me? Please help me with legal advice.

How to obtain the Medico Legal Certificate pending from 2019

I need to obtain my own MLC papers from the hospital. At the time of the incident, I went to file a complaint about the incident and injuries caused by the accused person. However, they managed to influence the Investigating Officer (IO), and no action was taken on my complaint. Instead, a fake FIR was filed against one of the accused person’s mothers. I have been suffering because of this.

Please guide me on how to obtain the MLC (Medico-Legal Certificate) from 2019, when the police sent me to the hospital. I do not have a copy of the FIR, as my original complaint has been destroyed. What is the process to obtain the MLC, and can you please provide guidance on this matter?

Departmental inquiry is initiated after six years of retirement

Sir, I retired in 2015 from the post of junior engineer in the irrigation department of uttar pradesh. At the time of retirement neither departmental nor judicial inquiry was pending. Therefore I got entire retirement benefits. After six years from the date of retirement a show cause notice had been issued to seek clarification about the excess payment regarding the construction of the check dam. I replied with a show cause notice but the department rejected my reply and held me guilty for excess payment to the contractor and initiated departmental inquiry about recovery of sixty lakh rupees from my retiral benefits. Now I am facing a false departmental inquiry without my fault. Please help.

Father can transfer entire property to grandmother

My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.

Tenant has made substantial changes in premises without permission of landlord

I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?

Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.

Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.

I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter.

Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience.

P.S. How can I send the rent agreement cum compromise?

NOC from government for taking admission in foreign university

I am a govt servant and currently in a process of making applications to numerous foreign universities  for a PhD program.  I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying.  As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application.  Kindly help me write an appeal / application for issuance of a general NOC.

Relinquishment of right by unregistered will from brother living in USA

Mr. 1 and Mr. 2 are two brothers, with Mr. 1 residing in India and Mr. 2 in the USA. Mr. 1 purchased property AB in Bombay, India. The agreement for this property was made in 1973, specifying that Mr. 1 and Mr. 2 are identified as purchasers, and they jointly agreed to buy from the vendor. The vendor was responsible for constructing a building on the plot, and the brothers would acquire an AB flat within that building.

Although Mr. 2’s name was used in the agreement, it was Mr. 1 who actually made the purchase. Mr. 2 resided in the USA, while Mr. 1 was in India. Consequently, the property in the USA belonged to Mr. 2, and the property in India belonged to Mr. 1. In 1978, Mr. 1 obtained the share certificate of the society solely in his name, with Mr. 2’s name never being added to it.

Mr. 1 is my father, and Mr. 2 is his biological brother. In 1988, Mr. 2 and his wife created a will stating that they were relinquishing their rights to property AB. Although the will was signed by two witnesses, Mr. 2 had a daughter named AAA and a son named BBB, both of whom were minors at the time of the will’s creation. This will was neither registered nor notarized; it was solely signed. Mr. 2 passed away in 1989, and his wife in 2022. AAA and BBB are now adults.

Mr. 1 also passed away in 2016. He transferred all the property to his wife, who subsequently transferred property AB to me through a registered gift deed.

Now, my questions are:

Since the share certificate, maintenance bills, and electric bills have been in Mr. 1’s name since 1978, and everything has been transferred to my name, including the share certificate, can I be considered the sole owner, or do AAA and BBB have any legal claims? We do not have a good relationship with them, and they are unaware of this issue.

Is there any potential legal trouble I might face due to them?

Is there a chance that a buyer might be dissatisfied with my name on the share certificate?

Builder not providing parking spot as per the approved plan

Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance. Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:
1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).

Labours are frequently entering our premises without permission

My neighbor’s plot is under construction, and the contractor and labours are frequently entering our premises without permission. They have also failed to clean up the construction materials and waste from our property. When I asked them to address this issue, the owner of the property used abusive language towards me and my family. Do you have any advice on how to handle this situation?

Can I seek quashing of FIR on expiry of limitation period?

FIR was charged against me on 02/05/2019. I was called to the police station on 02/12/2019 and was released on station bail. They have charged IPC 354 D (stalking through email). But after which no response was there. Recently I got a govt job and when applied for a police clearance certificate I came to know the FIR is pending. The police have not filed charge sheet till date to my knowledge. Can I quash the FIR based on expiry of limitation period.

My boyfriend raped me in the influence of narcotics drugs

Boyfriend had raped me after I said no to sex. I live in xxxxx, I was visiting my boyfriend and stayed at his flat at that time in xxx. We have been in a relationship of 1 year.  We’ve had a physical relationship where we had consensual sex whenever we met. He had been under the influence of Marijuana (and I don’t know what else) when he didn’t respect my no and raped me last week. This has happened once before with him (also when he was on the same drugs, some months ago) but he promised that it won’t happen again. He is a drug addict and takes it 2-3 times a week, at least for the last 5 years. What charges can I press on him?

What actions should you take against an attempt to murder?

My neighbour has attempted to murder in a land dispute. He along with others came to my house with firearms and started shouting, abusing and hitting my gate. When I came out to stop them from doing such a violence, they broke out and beat me with a club and sharp edge gandasa. I suffered some minor injuries on my arm, back and thigh. One injury on my head is severe. That is life threatening so I want to take proper legal action against them. Please suggest what actions I should take against them for an attempt to murder?