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Messages - advshelly

Pages: [1] 2 3 ... 5
1
Trademark cases do not go full length they all land up in mediation and settled. hardly ever they have gone full length that is why a trademark lawyer should be very good in mediation. so that he can strike a good bargain for his client

2
Criminal laws / Re: Not able to recover my money 40000
« on: September 22, 2018, 10:11:34 PM »
first send a legal notice than after 30 days period in the event of no reply file a money recovery suit. i hope you have proof of payment. have u made thes payments by check or online transfer. than this procedure will apply .

if it is direct cash than you have no proof of payment and court won't be able to do much for you.

It would be better for u to keep insisting him to return you the money. if your luck shines and his morality standard increases u will get it.

3
Criminal laws / Re: confused about police case during passport renewal
« on: September 22, 2018, 10:08:11 PM »
since the police has not informed you over a period of two years which is a considerable period of time, You need not mention any thing just apply for renewal.

4
Criminal laws / Re: Need Further Advice
« on: September 22, 2018, 10:06:12 PM »
A complaint can also be filed to the court of magistrate under sec 200 of Criminal procedure code. Under Section 156(3) and section 190 of the Code of Criminal Procedure, the magistrate is empowered to take cognizance of an offence and direct the police to file and FIR. Get a receipt so as to ensure that your complaint has been registered

5
498A IPC / Re: How and where can file 498A
« on: May 23, 2018, 05:52:41 AM »
keep this in Mind that consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC.

6
Marriage / Re: High interim maintenance under crpc 125
« on: May 23, 2018, 05:48:11 AM »
Delhi High Court Stated the factors to be considered by the Court while deciding an application for interim Maintenance.

The object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of fund.

Section 24 are beneficent in nature and the power is exercised by the Court not only out of compassion but also by way of judicial duty so that the indigent spouse may not suffer at the instance of the affluent spouse.

The legislature, in its discretion, has not fixed any guideline regarding ceiling limit of maintenance, pendente-lite, as in the case of Divorce Act or Parsi Marriage Act.
The Delhi High Court has re-iterated the following factors to be considered by the Court, while awarding the amount, as held by High Court in Sh.Bharat Hegde Vs. Smt.Saroj Hegde
# Status of the parties.
# Reasonable wants of the claimant.
# The independent income and property of the claimant.
# The number of persons, the non applicant has to maintain.
# The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
# Non-applicant’s liabilities, if any.
# Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
# Payment capacity of the non applicant.
# Some guess work is not ruled out while estimating the income of the non applicant when all the sources or # correct sources are not disclosed.
# The non applicant to defray the cost of litigation.
# The amount awarded Under Section 125 Cr.PC is adjustable against the amount awarded Under Section 24 of the Act.

The Bench also held that, the Court while considering the merits of an application for grant of an interim maintenance under Section 24 has to necessarily arrive at prima-facie determination about the earning capacity of the rival claimants.

The determination cannot be made with exactitude; it is essentially interim in nature. The Court is called upon to make a summary consideration of amount which the applicant is to be awarded by way of maintenance pendente-lite and litigation expenses in accordance with the financial resources of the parties. Capacity of the other party to earn cannot be taken into consideration – it is only the actual earning of the opposite party on the basis of which relief can be granted. Permanent income and not casual income is relevant.

7
Marriage / Re: In laws trying to control me and my Streedhan
« on: May 23, 2018, 01:20:33 AM »
first of all you have to understand what is streedhan?
Streedhan is the property that a woman obtains at the time of her marriage, unlike Dowry  it is the voluntary gifts given to a woman before or after her marriage and has no element of coercion.

Read this judgment: Pratibha Rani v. Suraj Kumar - http://www.legalserviceindia.com/issues/topic1606-pratibha-rani-vs-suraj-kumar-streedhan.html
The Courts have also made this distinction clear. Women have an absolute right over their Streedhan.

So no one can take your Streedhan rest assured

8
Marriage / Re: Husband left me in India and went to Australia
« on: February 18, 2018, 09:34:17 PM »
You are immediately supposed to file for maintenance for both you and your children.

9
Marriage / Re: What if bride's family changes the bride in marriage?
« on: February 18, 2018, 09:32:29 PM »
was the marriage solmonised?

your brother is going to marry someone, and he has not been given a single photograph prior to marriage.

this is something no one can buy your statement?

I don't think judge will be convinced

10
Marriage / Re: Husband and his family cheated me
« on: February 18, 2018, 09:30:16 PM »
what do you want, plz mention that clearly than we can give you legal options available to you.

Is your parents supporting you?

11
Company laws / Re: IT service firm as a LLP ?
« on: September 07, 2017, 06:13:01 PM »
Yes you can, which city in India u want to set up

12
Copyright laws in India / Re: Pen Drive lost inside a printing shop
« on: September 05, 2017, 05:07:51 AM »
You cannot definitely say you left it in this shop. You don't have a case against him.

13
Cyber laws / Re: YouTube issues after 9 years
« on: March 14, 2017, 03:41:50 AM »
Copyright validity of a sound recording or video recording is 60 years.
So he has a case.

14
I have read your long posting.

Now just answer one thing what is the outcome you are looking for?

Whatever u have mentioned means you will spend your entire life in a fruitless legal battle.

Sit down ask yourself what you want .

Than make your next post.

I will give you correct solution

15
Criminal laws / Re: Need help in criminal case quash
« on: July 13, 2016, 05:13:18 AM »
Your divorce petition shall contain all the terms and conditions including settlement of 498a and such other matters.

to quash the FIR both you and wife have to jointly file in High court for quashing of FIR thats all.

you don't have to go to jail, that chapter is permanently closed

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