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Messages - kalaskarkk

Pages: [1] 2 3
1
Dear Sir,

My hones answers are as follows:

1).Can i give divorce to her as i feel cheated and she used me to get out from this case.where i can file divorce case as i have done court marriage in UP court.
Ans: Yes, it is a valid ground. It can be filed in UP Court.
2).If i  give divorce then do i need to pay(anomalies) anything to her or on name of baby.
Ans. Since she cheated you so there is no question of alimony, but you child may require some amount.
3).Will My parents be affected from this case.They are very old 70+ yrs and heart patient.
Ans. If 498a case is filed, then immediately get Anticipatory Bail (AB)and even before filing FIR AB can be obtained.
4).Court will ask her to surrender her passport. in that case she can't travel outside india but She can go to my parent house. So what steps
My parent should take. we have good repo in india. If she visit to my parent house then our image and repo will be damaged.So how i can save my old parents
Ans: You can file suit to restrain her from entering into the house of your parents.
5).when i asked her about the case.She is not giving proper response. Every time we get new story from her mouth.
Ans. Copy of FIR and case records are available on filing third party application in the Court
6). What is rule for NRI to give divorce.
Ans. No issue, same normal procedure.
=====================================================================
1)..will she get bail from supreme court as high court rejected her bail 2 times . she is 7 month pregnant but allegation has to be still proved.
Ans. She may get considering motherhood. Proving of allegations is separate issue, it will arise only after filing chare sheet and/or after trial.
2). Without proof why court is rejecting her bail and asking her to proof herself. once she can out then she can give proof. Ans. To avoid tampering of records, Court will reject bail, once charge sheet is filed bail will be granted it there is no threat to the witnesses. She is innocent till crime is proved by the prosecution.
3). She was absconding from 1 yr according to court but no notification was send by court to her now they showed  her absconding . Will she get bail in supreme court .She is 7 month pregnant.
Ans. No issue, normally bail will be granted. It is a private litigation between her and her blood relations.

2
Patent laws / Re: Who may apply for a patent?
« on: January 06, 2018, 08:38:30 AM »
Dear friend,

You question is answered as follows:

Compulsory Licensing

One of the most important aspects of Indian Patents Act, 1970, is compulsory licensing of the patent subject to the fulfillment of certain conditions.  At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller of Patents for grant of compulsory license of the patent, subject to the fulfillment of following conditions, i.e.

the reasonable requirements of the public with respect to the patented invention have not been satisfied; or
that the patented invention is not available to the public at a reasonable price; or
that the patented invention is not worked in the territory of India.
It is further important to note that an application for compulsory licensing may be made by any person notwithstanding that he is already the holder of a license under the patent.

For the purpose of compulsory licensing, no person can be stopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not available to the public at a reasonable price by reason of any admission made by him, whether in such a licence or by reason of his having accepted such a licence.

The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may order the patentee to grant a licence upon such terms as he may deem fit. However, before the grant of a compulsory license, the Controller of Patents shall take into account following factors:

The nature of invention;
The time elapsed, since the sealing of the  patent;
The measures already taken by the patentee or the licensee to make full use of the invention;
The ability of the applicant to work the invention to the public advantage;
The capacity of the applicant to undertake the risk in providing capital and working the invention, if the application for compulsory license is granted;
As to the fact whether the applicant has made efforts to obtain a license from the patentee on reasonable terms and conditions;
National emergency or other circumstances of extreme urgency;
Public non commercial use;
Establishment of a ground of anti competitive practices adopted by the patentee.
The grant of compulsory license cannot be claimed as a matter of right, as the same is subject to the fulfilment of above conditions and discretion of the Controller of Patents. Further judicial recourse is available against any arbitrary or illegal order of the Controller of Patents for grant of compulsory license.

Infringement of Patent

Patent infringement proceedings can only be initiated after grant of patent in India but may include a claim retrospectively from the date of publication of the application for grant of the patent. Infringement of a patent consists of the unauthorized making, importing, using, offering for sale or selling any patented invention within the India. Under the (Indian) Patents Act, 1970 only a civil action can be initiated in a Court of Law. Further, a suit for infringement can be defended on various grounds including the grounds on which a patent cannot be granted in India and based on such defence, revocation of Patent can also be claimed.

3
Marriage / Re: Boy and girl child marriage
« on: January 06, 2018, 08:32:47 AM »
Dear frined,

They will be acquitted. No problem.

The law in length is as follows:

Consequences of void, voidable and valid marriages
1. NULLITY OF MARRIAGE-VOID OR VOIDABLE  TWO TYPES OF BAR/IMPEDIMENTS TO A MARRIAGE.  ABSOLUTE BAR-THEN MARRIAGE IS VOID.  RELATIVE BAR-THEN MARRIAGE IS VOIDABLE.  VOID MARRIAGE IS VOID AB INITIO I;E DOES NOT EXIST FROM VERY BEGINNING.  THEN WHY CALLED MARRIAGE? –BECAUSE THEY HAVE UNDERGONE CEREMONIES BUT THEY LACK CAPACITY TO MARRY.
2. NULLITY OF MARRIAGE-VOID OR VOIDABLE  THIS KIND OF MARRIAGE CAN NEITHER BE APPROBATED NOR RATIFIED.  DECREE OF NULLITY IS NOT NECESSARY IN CASE OF VOID MARRIAGE.  ONLY EITHER PARTY TO MARRIAGE CAN FILE A PETITION FOR NULLITY IF MARRIAGE IS VOIDABLE.
3. NULLITY OF MARRIAGE-VOID OR VOIDABLE       GROUNDS OF VOID MARRIAGE UNDER HMA [SEC 11] [APPLICABLE ONLY ON POST ACT MARRIAGE I.E 18 MAY 1955. BIGAMYPARTIES SAPINDA TO EACH OTHERPARTIES ARE WITHIN PROHIBITED RELATIONSHIP VOIDABLE MARRIAGES-PERFECTLY VALID SO LONG AS EITHER PARTY TO MARRIAGE DOES NOT AVOID BY FILLING PETITION OF ANNULMENT IN COURT.
4. NULLITY OF MARRIAGE-VOID OR VOIDABLE  ONE PARTIES DIES BEFORE CHALLENGING IT – CAN STRANGER CHALLENGE ?-NO  IF ONE PARTY TO EARLIER MARRIAGE REMARRIES W/O GETTING VOIDABLE MARRIAGE ANNULLED , LIABLE FOR BIGAMY.[WHILE PARTY TO VOID MARRIAGE CAN MARRY W/O ANY DECREE OF COURT]
5. NULLITY OF MARRIAGE-VOID OR VOIDABLE  RETROSPECTIVE DATE FROM DATE OF MARRIAGE-IF VOIDABLE MARRIAGE IS ANNULLED.  MARRIAGE IS DEEMED TO BE VOID FROM VERY INCEPTION.  WIFE CAN ASK FOR MAINTENANCE IN SUCH CASE U/S 125 CR.P.C BUT WIFE OF VOID MARRIAGE CAN NOT.  GROUNDS OF VOIDABLE MARRIAGE  IMPOTENCY OF RESPONDENT-RESPONDENT MUST BE IMPOTENT ‘AT THE TIME OF CONSUMMATION OF MARRIAGE.
6. NULLITY OF MARRIAGE-VOID OR VOIDABLE  BUT IF INCOMPETENCY IS OCCASSIONAL , THEN IT DOES NOT AMOUNT TO IMPOTENCY  IF IT IS CURABLE THEN IT DOES NOT AMOUNT TO IMPOTENCY UNLESS RESPONDENT REFUSES TO UNDERGO TREATMENT  MERE BARENNESS/STERILITY OR NO UTERUS DOES NOT AMOUNT TO IMPOTENCY, WHEN INTERCOURSE. WIFE WAS CAPABLE OF HAVING SEXUAL
7. NULLITY OF MARRIAGE-VOID OR VOIDABLE  BOP LIES SOLELY UPON THE PETITIONER.  EVIDENCE OF DOCTOR ASSUMES SIGNIFICANCE.  CONCEPT OF JUST GROUND-UNDER CR.P.C COURT MAY ORDER TO GIVE MAINTENANCE TO WIFE WHO IS LIVING SEPARETELY.  IMPOTENCY IS ALSO A GOOD DEFENCE TO A PETITION FOR RESTITUTION OF CONJUGAL RIGHTS.  WHERE THE FACT OF IMPOTENCY WAS SUPPRESSED-OTHER CAN ALSO CLAIM DAMAGE FOR MENTAL AGONY AND CHEATING.
8. NULLITY OF MARRIAGE-VOID OR VOIDABLE  MENTAL UNSOUNDNESS-DISCUSSED EARLIER  FRAUD OR FORCE-ABSENCE OF FREE CONSENT RENDERS THE MARRIAGE          VOIDABLE.[12(1)(C) IF CONSENT OBTAINED BY FRAUD OR FORCE PETITION MUST BE PRESENTED WITHIN ONE YEAR OF THE DISCOVERY OF FRAUD OR CESSATION OF FORCE. ONCE DISCOVERED, PETITIONER MUST NOT HAVE LIVED WITH OTHER AS HUSBAND OR WIFE. ANY MARRIAGE SOLEMNIZED BEFORE OR AFTER COMMENCEMENT OF ACT. A SINGLE ACT OF SEXUAL INTERCOURSE AFTER SUCH DISCOVERY WILL BE FATAL TO PETITION. FORCE IMPLIES COERCION OR UNDUE INFLUENCE. CONCEALMENT OF FACT MUST RELATE TO NATURE OF CEREMONY OR WHICH CAUSES AN INTERFERENCE WITH THE MARITAL LIFE AND PLEASURE. E.G CONCEALMENT OF IDENTITY, SERIOUS DISEASE, AGE , RELIGION, CASTE, NON DISCLOSURE OF PRE-MARRIAGE STATUS [DIVORCEE] AMOUNTS TO FRAUD.
9. NULLITY OF MARRIAGE-VOID OR VOIDABLE  CONCEALMENT OF PRE MARRIAGE RELATIONSHIP AND EVEN DELIVERY OF CHILD DOES NOT AMOUNT TO FRAUD  LAW COMMISSION ---IGNORE OTHERWISE MOST OF THE MARRIAGES WOULD BECOME VOIDABLE.  CONCEALMENT OF FINANCIAL STATUS AND EDUCATIONAL QUALIFICATION IS FRAUD [ANURAG ANAND V.SMITA ANAND AIR 1997 DEL  A MINOR GIRL CAN AVOID MARRIAGE U/S 12(1)(C) IF SHE WAS MARRIED AGAINST HER CONSENT AND WISHES.  PRE MARRIAGE PREGNANCY IS GROUND OF VOIDABLE MARRIAGE NOT ‘PRE MARRIAGE UNCHASTITY  WIFE PREGNANT AT TIME OF MARRIAGE OTHER THAN PETITIONER [HUSBAND]
10. NULLITY OF MARRIAGE-VOID OR VOIDABLE  PETITIONER DID NOT AT TIME OF MARRIAGE KNOW IT  PETITION MUST BE PRESENTED WITHIN ONE YEAR OF MARRIAGE.[PARSI-2 Y]  MARITAL INTERCOURSE DID NOT TAKE PLACE WITH PETITIONER’S CONSENT AFTER THE DISCOVERY OF PREGNANCY BY PETITIONER.  BOP ON PETITIONER-HOW-HUSBAND HAD NO ACCESS TO HER BEFORE MARRIAGE [E.G JAIL/OUTSIDE INDIA ETC
11. NULLITY OF MARRIAGE-VOID OR VOIDABLE  BIGAMY-ANY MARRIAGE SOLEMNIZED AFTER COMMENCEMENT OF THIS ACT  PUNISHMENT MAY EXTEND TO 7 YRS AND ALSO FINE.  IF PREVIOUS MARRIAGE WAS NOT DISCLOSED TO PERSON THEN PUNISHMENT MAY EXTEND 10 YEARS AND ALSO FINE  HUSBAND ENTERED INTO SECOND MARRIAGE BUT COULD NOT PERFORM CEROMANIES REQUIRED FOR MARRIAGE , HELD NOT LIABLE FOR MARRIAGE.
12. VOID AND VOIDABLE MARRIAGE  FIRST WIFE CAN NOT FILE A SUIT TO DECLARE SECOND MARRIAGE VOID U/S 11.  SHE CAN FILE DECLARATORY SUIT U/S 34 OF SRA 1963.  BIGAMY IS MATRIMONIAL WRONG BUT IT IS VERY DIFFICULT TO PROVE.  FACT IS BIGAMOUS MARRIAGE IS PERFORMED W/O STRICTLY OBSERVING ALL CEREMONIES.

4
Employment laws / Re: Queries regarding resignation letter
« on: January 06, 2018, 08:28:57 AM »
Dear frined,

Nothing will happen. Employer has no time to go behind you. Be cool and continue your assignment.

5
Property laws / Re: Under construction Building work compltion
« on: January 06, 2018, 08:26:24 AM »
Dear Sir,

The provisions of RERA not applicable to your project. in view the following but you have other alternatives as suggested by you, the terms may be worked out mutually and enter into MoU.

All sections of the RERA Act came into force with effect from May 1, 2017. Under the RERA Act, the Karnataka Real Estate Regulation and Development Rules, 2017 was approved by Government of Karnataka and notified on July 10, 2017.

Law Minister of Karnataka stated that the Cabinet has decided to exempt 'projects wherein 60% of the work has been completed

6
Dear Sir,
My honest answers are as follows:

1.   can he write a will on these properties to my paternal relatives and not to us?
Ans: Yes or no. You must check with the Sub-Registrar Office. It maintains a record of each property and the name of transferee, if transferred by way sale, Will, gift etc.,

2. The agricultural land mentioned above which if is on my grandfather's name. How can we get hold of that?

Ans. If you are able to establish that your grand father has not income of his own and that out of love and affection your father might have taken the properties in his name, it can be proved in the Court.

3. Is there any legal way to prevent my father writing will to my relatives?

Ans: You must be very clear at the first instance only, that your father is alive. I have answered the above two question on the assumption that your father is no more.

There is no such law prevents him, but your mother can file a suit and restrain him from alienating the said properties either by Will, sale or otherwise.


7
Property laws / Re: Division of agricultural land
« on: January 06, 2018, 08:08:05 AM »
Dear Sir,

1. It is very tough to establish that it was not self acquired property of your eldest uncle since it was purchased in his name, unless he was a minor at that time.

2. Naturally the eldest uncle claims as that of his self acquired property.

3. Any way you must find out strong evidence to show that eldest was not having any source of income during 1971.

8
Dear Sir,
Your questions are answered as follows:


1. Can not one person sent an email to builders from behalf of group owners keeping their email id in CC?
Is there judicial law present where it mentioned?
Ans. The builder cannot curtail the rights of the purchaser.
2. What is the rule to counter the builder without forming the association? what are the juridical acts are present which we can show case to builder about quality of work and timely deliver?
Ans: GET quality testing by private agency and counter the allegations of the builder. You may individually can fight against him.
3. Is there right for owners to put this information in social media or public forum to inform other owners or buyers?
Ans. It is your individual right, it cannot be curtailed unless it damages any body’s rights.
4. How can we approach RERA, if still it's not registered?
When and how should you file a complaint under RERA?
Will the Real Estate Act make it easier for aggrieved home buyers to take errant builders to task? We examine the procedure for filing complaints against builders, and how the RERA compares, with other consumer protection laws that are already in place
After the implementation of the Real Estate (Regulation and Development) Act (RERA), home buyers are optimistic that the new law will protect their interests. However, the moot question is, whether people know how to file a complaint or a case, under the new RERA rules.

“Complaints can be filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, either with the Real Estate Regulatory Authority or the adjudicating officer. Such complaints may be against promoters, allottees and/or real estate agents. Most state government rules, made appurtenant to the RERA, have laid out the procedure and form, in which such applications can be made. In the case of Chandigarh UT or Uttar Pradesh, for instance, these are placed as Form ‘M’ or Form ‘N’ (common with most other states and union territories).”
A complaint under the RERA is required to be in the form prescribed under the respective states’ rules. The complaint can be filed with respect to a project registered under RERA, within the prescribed time limit, for violation or contravention of provisions of the act or the rules or regulations framed under RERA.

Filing a case under RERA
Ameet Hariani, managing partner, Hariani & Co, points out that “As far as Maharashtra is concerned, the rules with respect to lodging a complaint with the RERA authority, have been notified. Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:

The particulars of the applicant and the respondent.
The registration number and address of the project.
A concise statement of facts and grounds of claim.
The reliefs and interim reliefs, if any, sought.”
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority, Hariani adds.
What to do with pending cases under the NCDRC?
Experts point out that real estate cases under the National Consumer Disputes Redressal Commission (NCDRC), can take a lot of time for final adjudication, owing to the huge volume of cases pending before the commission. The Real Estate Act, hence, may provide for expeditious disposal and prove to be more effective than the NCDRC, vis-à-vis judgment and realisation of compensation under Sections 12, 14, 18 and 19 of the RERA.

“For cases pending before the NCDRC or other consumer fora, the complainants/ allottees can withdraw the case and approach the authority under the RERA. Other offences (except complaints under Section 12, 14, 18 and 19) can be filed before the RERA authority,”
 
Time frame for dispute resolution under RERA
There is no specific time frame provided in the RERA, for filing a complaint. However, a complainant should not be complacent. Hariani explains, “Complainants under RERA, will require to comply with the time periods for initiating proceedings, as prescribed in the Limitation Act, 1963. The time periods under this Act vary, based on the specific claims. In addition, in order to seek urgent interim relief, it would be advisable to approach the RERA authority as soon as possible, after the action causing the complaint takes place.”

The benefits of filing a case under the RERA
Chances of expeditious disposal of complaints.
Requirement of financial discipline by the promoters.
Transparency.
No ambiguity in area measurements.
Promoters are liable for compensation for delayed delivery.
Adjudicating mechanism to be in place.
 

9
Property laws / Re: can gift registered by guardian be cancelled
« on: January 06, 2018, 07:44:53 AM »
Dear Sir,

Each one of us desires of getting gifts from our loved ones. It is a way of exhibiting love, care and affection to your friends and family members. These days, gifting a property is one of the most trending ways to show love for your closed ones. However, gifting a property to someone is not as same as gifting a chocolate box. So, read this post further and know what are all those things that you should know about gift deed.

What is a Gift Deed?

Under section 122 of the Transfer of Property Act, 1882, a gift deed is defined as a legal document through which one can transfer movable or immovable property to a person without any monetary exchange. It is as same as a normal sales deed and bears all the details of the property, recipient and transferrer. As per section 17 of the Registration Act, 1908 and section 123 of the Transfer of Property Act, it is mandatory to register a gift deed by a sub-registrar.

Eligibility of a Gift Deed

As per the law, the donor cannot be a minor. On the other hand, the recipient can be minor with a guardian as the nominee, who can take care of the property until the recipient becomes an adult. Apart from this, the recipient should be alive or else the property can become void and null.

Inclusions in a Gift Deed

Below are some details that are needed to be furnished in a gift deed:

Date and place of documentation
Details of donor (Name, Father’s Name, Date of Birth and Address)
Details of recipient (Name, Date of Birth, Father’s Name, Address and Relationship with the Donor)
Relationship between donor and recipient
Details of the gifted property
Signatures of donor and recipient
Details of the two witnesses available at the time of property transfer
Signature of the witnesses
Charges Involved

One has to pay the registration fee and stamp duty to register a gift deed. The charges for stamp duty varies from state to state. However, in most states, the rates of stamp duty for transferring a property is as same as for conveyance or sales deed.

For Delhi, the stamp duty charges for a property transfer via gift or sales deed is similar – 4% for men and 6% for women. In the same way, if someone wants to gift a property in Uttar Pradesh, he/she has to pay a stamp duty of 2% on the market value of the property. In Karnataka, a gift deed property attracts a stamp duty of 5% on the property’s market value. As rules vary state wise, there are certain states in India that even concessions if the property is being gifted to some in the same relation.

Cancellation Process of Gift Deed

As per the section 126 of the Transfer of Property Act, 1882, a gift deed can be cancelled under the following circumstances:

A gift deed can be revoked with the mutual consent of the both parties
In this regard, the deed of cancellation must be duly stamped and registered by a sub-registrar.
We have tried to accumulate as much as we can but, outlining everything in one post is not possible. So, it is always advisable that you should consult a legal expert in this matter so that everything can be done legally and the donor doesn’t have to face any trouble after your demise.

10
Dear friend,

1. It the era of cheating online.
2. File complaint with cyber police they are in a better position to trace of the address of the directors of the company.
3. Also file complaint with Magistrate under section 200 Cr.P.C.to the investigation to higher police officers.
3. Consult media persons and ask them to publish the issue which is burning in the society.

11
Criminal laws / Re: Cheating by Showroom
« on: January 02, 2018, 07:48:32 AM »

Dear Sir,
If you really wish him to reach him a lesson then collect all possible evidence, then issue legal notice and then follow the following rules: You will get real justice in Consumer Forum: Rest assured.

Rule 1: Don’t be lazy
Act now!  Register your complaint immediately. Usually a product breaks down just one day before when the warranty expires!
Rule 2: Get a complaint number
Always get a complaint number and note it at a safe place. You’ll only make a fool of yourself by calling the service centers and company executives unnecessarily if you don’t have one. Since no one will remember your complaint after one goes to one’s home!
Rule3: Talk with the right person
Always raise your complaint with the right person who will most probably be the all India customer care executive at some toll free number. Wait for what he/she says, understand the issue, ask for a complaint number, note down the resolution date and wait patiently till the resolution date. When you escalate your complaint, you see that you talk with the right senior person who has authority.
Remember in big companies all this is required for proper maintenance of consumer complaints, so you should cooperate the company with it’s proper channel for raising & resolution of your complaint.
Rule 4: Never be rude with company personnel
Never be rude with any company executive. You can be rude and talk anything with the service center executive since the service centers are simply on contract and are not rolls of the company. Threaten the company but in “decent way”!
Rule 5: Follow the rules normally
Always do your duty, whatever be your complaints for example even if you’ve been billed wrongly pay the dues on time but at the same time follow up with your company. This is considered good etiquette. If you don’t do this, you not only break their "Terms of Service" but also project yourself as unruly person reducing your chances of winning complaint in your favor. Remember you’re only single person fighting against a possibly very big company.
Moreover in a big company, however good, complaints do occur and some customers always faces hassles. It is not necessary that company had done it against you intentionally.
Rule 6: Keep in mind the time frame and legal procedure
If you ever escalate your complaint always keep in mind the time frame and legal procedure. For example in case of telecom complaints never send a complaint to the nodal officer without first registering with the customer care and waiting till it’s resolution. Similarly if you ever send complaint to the appellate authority do it within 3 months after the expiry of the complaint resolution time limit specified by the nodal officer. Otherwise not only your request will be rejected, most likely you’ll not be ever notified of this rejection.
Also unless you’ve not completed the "proper channel" procedure specified by company for complaint resolution or as mandated by government, don’t waste time thinking of going to consumer forum. You’ll only make a fool of yourself. For example for telecom complaints unless you’ve gone through raising your complaints in this fashion: Customer Care -> Nodal Officer -> Appellate Authority etc don’t go to consumer forum. Your application will be rejected just because you did not follow the specified company procedure.
Rule 7: Roar like a lion
Threaten the company of dire legal action but in decent way. Even if you are not going to pull the company in consumer forum never let the company know this. Pretend that you’re all set to do it. Send a normal and final notice prior to filing complaint in consumer forum( which you’re not!).
Raise hue and cry on media, in internet forums etc. If possible write letters to newspapers and media. Every company is wary of it’s image, this can have serious affect on the company.
Rule 8: Never go to consumer court!
Unless you seriously want to get justice .
Rule 9: Lawyer for the company comes FREE OF COST
A company usually hires a law-firm on contract for a year or so. In short company’s cost to the law firm is fixed whether the law-firm fights company’s single case or 1000 in a year.
Rule 10: Don’t go for a lawyer
If in the worst case you’ve decided to knock the doors of consumer court, then it is most likely that you don’t need a lawyer because you can easily fight the case yourself. Consumer case is all non-technical stuff and you can do it yourself. Actually this is the main objective of consumer courts in India so that an ordinary consumer can represent herself/himself easily without going for any advocates.
Rule 11: Go only for a good lawyer
Always take feedback from some known people before you select a lawyer and better take second opinion of an experienced lawyer regularly during your long legal hassle in Indian courts!
Claim hefty damages more than Rs.5,00,000/- No court fee or court stamp is necessary on the amount claime.
Go ahead Sir – Go ahead !

12
Consumer laws / Re: Country club membership fraud with my parents
« on: January 01, 2018, 09:07:25 AM »
Dear Sir,

Yes you are entitled for the refund for various false promises.First we have to issue legal notice then file a complaint before District Consumer Forum. If interested you may personally approach me.  In the similar circumstances the Hyderabad District Forum allowed.


========================================================================
Complainant alleges deficiency of service and also company’s refusal to cancel her membership

The District Consumer Disputes Redressal Forum-ll, Hyderabad, on June 9 directed Country Vacations to pay Rs. 1,20,000 along with 9 per cent interest on it from the date of the order till date of realisation to a customer. The order was passed by the forum based on a complaint from one Jayashree Ganguly, a resident of Begumpet, who filed a petition stating that Country Vacations — a division of Country Club (India) Ltd — had offered her a lifetime membership for a fee of Rs.1,30,000 in 2012.

The company had said that she could avail a seven-day/six-nights holiday in any of its resorts and hotels in India and abroad, Ms. Ganguly wrote.

Ms. Ganguly also said that the company personnel had informed her that she could cancel the membership with a five per cent deduction, and that she would be given free function halls five times a year in Country Club and its affiliated clubs.

However, in 2013, when she wanted about 10 rooms in the Cool Club, Begumpet, to conduct a wedding, she could not avail them. Later, her efforts to cancel her membership, and take her money back went in vain, she wrote.

In its response Country Vacations denied Ms. Ganguly’s claim, and said that an agreement had been signed by her, fully knowing all the facts mentioned in it.

It stated that the membership fee is non-refundable under any circumstances, as it is not a deposit, and was clearly mentioned in the agreement. The company also said that it had not promised to give her rooms for free, and had only asked her to pay the required taxes for them, which she failed to do. After putting forth all the evidence, the forum said that merely signing an agreement is not tantamount to a person knowing all the contents in it, and said that the plea of Country Vacations cannot be accepted. Ruling that the company would need some amount for development of its business from the Rs. 1,30,000 fee given by Ms. Ganguly, the forum deducted Rs.10,000 from it, and asked Country Vacations to give back the remaining, Rs. 1,20,000 to the complainant.


13
Marriage / Re: Leagal rights in Divorce !!
« on: January 01, 2018, 02:41:19 AM »
Dear friend,

I am shocked to hear your story. You may go for mutual divorce. If you can, you pay something and get rid of her as soon as possible.

The law of  divorce among the Christians in India is follows:

The Indian Divorce Act deals with divorce among Christians. The reasons are almost similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under the purview of any divorce proceedings since the Roman Catholic Church has not recognise divorce. The Divorce Act also does not contain any provision for divorce by mutual consent.Maintenance: During the period when the divorce case is in the court, the husband has to give one fifth of his salary for the maintenance of his wife. Later, maintenance can be given either yearly or once for all as total settlement.Custody: Custody of the child is decided by the court after going into the details of each individual case.
 
The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High Court or District Court on the grounds…
o      That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman.
o      Has been guilty of incestuous adultery.
o      Has been guilty of bigamy and adultery.
o      Has been guilty of rape, sodomy or bestiality.
o      Is guilty of adultery coupled with desertion, without reasonable excuse for two years or more.
The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters. Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief.
The relief granted under Indian Divorce Act, 1869…
o      Dissolution of marriage
o      Nullity of marriage
o      Judicial separation
o      Protection orders
o      Restitution of conjugal rights.
The Courts also have powers to:
o      Order adulterer to pay damages and costs
o      Order alimony, pendante-lite (pending decision of the Court) or permanent
o      Order settlement of property
o      Make order as to custody of children in a suit or separation
Though Section 22 of the Act bars ‘divorce mensa et toro’ (a decree that can be obtained without the presence of the other party, an exparte decree), it provides for obtaining a decree for judicial separation on grounds of
o      adultery
o      cruelty
o      desertion, without reasonable excuse for two years or more.
Once the separation is awarded, from the date of the sentence, the separated wife would be deemed spinster, with respect to property, which she may acquire or which may devolve on her. This status would apply for the purposes of contract, wrongs and injuries and suing and being sued in civil proceedings.

14
Dear Sir,
1.   To be honest first get rid of such builders, it is initial stage, they may cause more financial loss to you.
2.   Find out another builder and have agreement with them.
3.   Claiming compensation is only mutual agreement, you cannot force but you have say that and if you publicly about the illegal breach of that builder then he will be afraid of his reputation being demoralized, may come to terms. But be advised that you should not approach the on this issue.

15

YOUR JUST FILE A CASE FOR RESTORATION OF CONJUGAL RIGHTS.  BETTER GO FOR MUTURAL DIVORCE WITH THE INTERVENTION OF COMMON FRIENDS.


Section 41, 41A, 41B of CrPC which govern arrest by police without warrant

41A. Notice of appearance before police officer. – (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”

*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]

**[sub-clause (4) substituted by Code of Criminal Procedure Amendment act, 2010]

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