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Latest legal advice
Whether sanction is necessary for retired employee
Whether prosecution is necessary for retired employee? A loan was sanctioned in August 2012. CBI admitted the case, employee retired in 31st march 2013. The bank filed complaint with CBI without charging sanctioning authority in 1.6 2017. CBI filed case on 30.07.2019...
Revision against order of investigation passed u/s 156(3) crpc
Accused cannot file revision against order of investigation passed by the Magistrate under section 156(3) of the code of criminal procedure. Section 156(3) crpc empowers the Magistrate to direct the police to register an FIR and investigate the case. When police do...
Blank cheque would attract presumption under section 139 NI Act
Even a blank cheque would attract presumption under section 139 of the Negotiable Instrument Act. Section 139 of NI Act, raises presumption in favor of holder of cheque that it was issued in discharge of debt or other liability. The accused cannot rebut this...
Conviction based on handwriting expert is not valid
Court convicted my brother for the offence of forgery. Conviction is solely based on handwriting expert. His evidence is the main reason of conviction. There is no other evidence which proves that he has committed the crime of forgery. His wife filed FIR against him...
Police officer doing unfair investigation under pressure
Police officer is doing unfair investigation under political pressure. He is protecting the accused and manipulating the vital evidence. What should I do in this circumstances? My advocate says that I should file a writ petition before the High Court. Can the High...
Divorce in Muslim law if wife does not agree to accept divorce
Divorce in Muslim law if wife is refusing to accept the divorce. I am a Muslim man and I have differences with my wife from last couple of months. Now I want to divorce her but she is not agreeing. I have no child and I am working in Banking sector. Kindle advice how...
My neighbour is using my boundary wall illegally
My neighbour is using my boundary wall illegally and she has installed some fixtures therein. The boundary wall of my ground floor flat lies within the perimeter of my house and constructed by the company. The neighbour’s flat has been made by another company, later...
Leave for educational purpose
I am working in a public sector bank and want leave for educational purpose. I am pursuing a course in distance education mode. The examination is going to conduct very soon. A date has fixed. I want leave for appearing in the examination. Can I claim the leave as a...
No share certificate to the illegal flat owner
There is some illegal flat owner who is demanding to issue a share certificate. They have no valid sale deed and no permission from the Brihanmumbai Municipal Corporation. Our housing society formed in the year 2004 with non-co-operation of the developer. Sir in our...
Modification of transfer order on the medical ground of spouse
Can I seek a modification of transfer order on the medical ground of spouse? My husband works in a PSU bank. He has transferred to a remote area 250 km away from the place we are living in. I am also a central govt employee and expecting our first child with some...
How to recall the judgment obtained by the false evidence?
I want to recall the judgment of the court. The company has committed fraud and filed false evidence before the court. I knew nothing about that evidence therefore I relied upon. After the pronouncement of judgment, the fraud disclosed after reviewing of the judgment....
How to quash the false rape and dowry case filed by ex-girlfriend?
Can the court quash the false rape and dowry case filed by an ex-girlfriend? I knew a girl in the past 9-10 years. I genuinely wanted to marry her. When I got a good job, I sent my appointment letter to her. Her parents came to my home and we continued with the...
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Criminal Law Advice
Bail, Charge, Criminal trial. Indian Penal Code, SC & ST Act, NDPS, Prevention of Corruption Act, Arms Act. Cybercrime, Information & Technology Act, Rape, Murder trial, Dowry death, Gangster Act etc.
Prosecution sanction is not necessary for the retired public servant
I am a retired public servant. A departmental inquiry was initiated against me when I was in active service. That inquiry was pending and in the meantime, I was retired and facing criminal trial without prosecution sanction. After two years of my retirement, a...
Should I divorce my husband on my boyfriend’s instigation?
My boyfriend instigates me to divorce my husband. Therefore, I left my husband’s house at the instigation of my boyfriend. He told me to leave the house of the husband and remarry with him. Thereafter, I willingly left the husband’s house with the self-declaration at...
Can I file a case against my boyfriend who promised me to marry and then lied to me by giving family reasons?
Can I file a case against my bf who promised me to marry and then lied to me by giving family reasons and made conversation or situation along with me in such a way that I attempted to do suicide? Even while fighting on a topic we had some conflict and it tends to...
SHO refused to take action on my FIR of cyber fraud
SHO straightway refused to take action on my FIR of Cyber fraud verbally & officially he says investigation under progress. Now six months have passed. What are the options left with me to compel police for rapid action? Question from: Uttar Pradesh The officer in...
CRPC Section 154: Recording of First Information Report (FIR)
I want to know what is the procedure for recording of FIR (first information report) under section 154 crpc? My bike has stolen and the police officer has not been recording my FIR. He said that my information is false and no such offence has occurred. Please help me...
Can my boyfriend file case against me on the basis of mental harassment?
Your boyfriend should have some evidence to prove mental harassment otherwise he cannot file any criminal case against you. A hypothesis cannot take the place of reality. Threatening on the basis of such a hypothesis is an offence of criminal intimidation. Thus your boyfriend cannot file a case on mental harassment.
Can I file a case against my boyfriend who had sexually abused me
Sexual intercourse on the false promise of marriage constitutes the offence of rape. The consent was not free if it was given due to misconception of fact. Thereby the person commits the offence of rape which is punishable under section 376 of the Indian Penal Code.
How to lodge zero FIR in the place where offence has not been committed
Section 154 crpc does not mandate to lodge FIR in the police station where the offence has been committed. You can lodge FIR at any place. If offence committed outside of the jurisdiction of police station then he shall record a “Zero FIR”.
Civil Law Advice
Civil suit, Permanent & Temporary injunction, Partition suit, Recovery of money, Specific performance of contract. Declaratory suit, Limitation, Revenue matters, Execution of decree, Restoration application, Caveat etc.
University is refusing to reinstate me after acquittal in the criminal case
University is refusing to reinstate after acquittal. I was working as a clerk in the university. The University has initiated a departmental proceeding against me and filed a criminal case under the Prevention of Corruption Act. University has made an allegation that...
What should I do when I have dispossessed forcefully?
I have purchased agricultural land by payment of full consideration. All the co-sharers of the land have executed the sale deed in my favour. I have had the land for thirteen years. Thereafter, the son of one co-sharer has dispossessed me forcefully. Then I applied to...
Recitation of azaan may be an integral part of Islam
The right to recite Azan though sound-amplifying devices are not protected under Article 25 since it is not an integral part of Islam. The microphone is a gift of technological age; its adverse effect is well felt all over the world. Use of loudspeakers otherwise in accordance with law affects fundamental rights of the citizens under Article 19 (1)(a) of the Constitution of India.
Online trading of alcoholic liquors in India
Alcohol comes under the State list as provided in the Seventh Schedule of the Constitution of India. The state government has power to levy a tax, such as exist duty, on the production, transition and sell of liquor.
Section 34: Specific Relief Act 1963
Section 34: Discretion of court as to declaration of status or right Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the...
How to expedite the delay proceeding by High Court
After High Court Judgement( 2003 ), I purchased a small plot with Bank loan in Bangalore started construction of the house( 2004 ). The High Court Judge, in his final Order, mentioned that “This dismissal does not stop litigant to prove his title.” Basing on this,...
Bank obtained my call detail record without my permission
Bank obtained my call detail record without my permission. Can Credit Card Recovery department get CDR of any person? I want to know that any recovery agent can call the other person to recover the amount by using the call details. The mobile provider company provides...
The society has arbitrarily fined the tenant for a lawful act
Society has no power to levy such a hefty fine without giving you an opportunity to be heard. The landlord is bound to maintain the essential amenities in the house to make it inhabitable. The tenant has some basic rights if the landlord refuses to perform his duty.
Property Law Advice
Sale, Mortgage, Lease, Gift of property, Joint Hindu property, Ancestral property, Self-acquired property. Family settlement, Mutual settlement, Partition, Relinquishment deed, Will, Gift deed, Probate, Succession certificate etc.
Recovery of my security deposit from the landlord
Kindly Help Us Out. First, our owner made us shift house during this tough time and when we found the new home with and labour to shift with difficulties then she is denying to return our security amount fully [12,000 (security amount)- 570 (Electricity Bill) =...
Cheated by builder by not giving possession of land from eight years
I had purchased the property eight years back in Lucknow and did the registry in 2013. The builder still is not giving the possession of the land from the last eight years. He is cheating and not willing to transfer the possession of the land. I have a registered sale...
Can wife claim husband’s paternal property or ask maintenance
In the Hindu religion, a wife can claim the husband's parental property or ask maintenance. Spouses have a 6 yrs old son. Husband is a doctor but has not earned it for 4 yrs because of OCD. Husband and wife stay with his parents in a joint family. Question from:...
How the daughters get share in the ancestral property after the amendment act 2005
How the daughters get a share in the ancestral property? I am 34 years married daughter, live in Delhi. My ancestral property situates in UP Bagpat. We are 4 brothers & sister and my brother has died in a road accident, now we are three sisters only. As per the...
Who will get the agricultural land after father’s death?
Who will get the agricultural land after father's death? Father holds one-acre agricultural land. He has a wife, three daughters and one son. Question from Andhra Pradesh This agricultural land is ancestral property therefore your father is not the absolute owner....
Stepmother took possession over the entire property
You can file a declaratory suit under section 34 of the Specific Relief Act 1963. The court will declare your right in the property and may direct your stepmother to release her possession over the two-third portion of the property.
Construction delay of Affordable Housing Project “The Millennia” Sector 37 D, Gurgaon
The Project "The Millenia" sector 37 D, Gurgaon is promoted by M/s. Signature Global Pvt. Ltd. In Sept. 2017 with the completion date of August 2021. The payment plan is time linked i.e. full payment is to be made by September 2020. We have paid 75% till date and not...
Period of limitation in cancellation of the sale deed
Article 59 of the Indian Limitation Act 1963 provides three years limitation period for filing of a civil suit for cancellation of the sale deed. According to article 59 of the limitation act, the period of limitation starts from the date of knowledge of the fraud.
Family Law Advice
Marriage, Divorce, Judicial separation, Mutual consent divorce, Nullity of marriage, Maintenance and alimony. Hindu Marriage Act, Muslim personal law, Special Marriage Act, Dissolution of marriage, Restitution of conjugal rights.
How to get stay order against section 125 CrPC
The maintenance order passed under section 125 of the code of criminal procedure is tentative in nature. The court may stay the maintenance order passed under section 125 crpc if wife already getting alimony under section 24 HMA.
Extra-marital affair: a ground of divorce
My wife has an extra-marital affair with her ex-boyfriend. I knew about her extramarital relation when I saw some intimate photographs on her mobile phone. I have collected all those photos as evidence to prove her illegal relation. She accepted the sexual relation...
Having doubt on husband and his family for hiding something very important from me
I suspect my husband as well as my mother in law to be hiding some previous affair of my husband before marriage. Everything they tell me is a big lie. Something fraud like mindset they have got. They force me to do things that either I don't like or things that will...
Does affidavit of husband mandatory for Section 125 CRPC?
My husband is living in Delhi, and I am in Kanpur. He has expelled me from the marital home and also does not want to give maintenance. Therefore, I want to file a complaint under section 125 CrPC for maintenance. Is it necessary to file the affidavit of husband and...
Wife has filed many court cases concerning the matrimonial dispute
My wife has filed many court cases towards the matrimonial dispute. I have also filed a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said case is running for more than two years and currently at the argument for maintenance....
Irretrievable breakdown of marriage in the Hindu Marriage Act
The Hindu Marriage Act does not recognise the concept of irretrievable breakdown of marriage. This concept does not allow the parties to prove guilt for divorce, therefore, it gives easy and respectable exit from the matrimonial bonding. In the modern development of social and economic conditions, marriage is no longer an institution. The marriage became a contract between the parties. Some provisions of the Hindu Marriage Act also made the marriage a civil contract between the parties.
Could I get my jewellery and share in the property on divorce
Husband drove me away after eight years of marriage. We have a property in which I invested 80% and my jewellery. Also, there was domestic violence. I filed a police complaint. We adopted a baby girl, and they kept the baby. If I file a divorce case, will I get my...
Unrealistic response by wife for RCR notice
I have sent an RCR notice to my wife. She has answered that they will arrange for sitting after two months. Until then she will not come to my house. It seems, even though both of us are staying in Bangalore and my kid will be there at her parent’s house in Hyderabad....
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