Started by Sondip Goswami at 12:36 p.m. on 04 May 13
What is the position/status of a discharged insolvent (Individual in India. What are the laws under which he/she is disqualified.
Started by Anonymous User at 6:37 a.m. on 04 May 13
The flat was registered by promoter without receiving the full amount mentioned in the "Memo of consideration". Housing loan was disbursed by the bank to the promoter 8 days later. the bank has asked for an declaration stating the break up of the consideration amount from the promoter along with confirmation of purchaser.
WHAT ELSE CAN BE DONE? IS THERE ANY OTHER OPTION LEGALLY ENFORCEABLE
Started by amitsingh at 1:08 p.m. on 03 May 13
i am a lpg distributor, administration & police, always threat for 3/7 case, if they are not obelized regularly (whether you black or you do not).
if a sdm / supply officer is angry with us, he easily implicate us for black marketing & got a fir registered.
My Q is -
1. what precautions we can take, if we suspect such activity may be carried out against us ? is anticipatory bail possible ?
2. how can we know that , a fir is lodged against us or not.
3.If a private person carrying gas for Black markiting is Caught & he takes ( Pressurised to take) agency owner name.
Can a case / arrest is legal against agency staff / owner ? Just on the confession statement of any person (wheter u really know him or not) ?
4. who decides that 3/7 is applicable to owner also and not against deliveryman etc ? My meaning is that, police always threat owner for arrest or bribe?
5. police can arrest itself without court order ? how to safe our self in such scenario ?
6. How can we protest against false FIR or can get time to prove our innocence, before arrest.
7. what role police IO play in 3/7 ? Can IO ARREST AFTER 01 MONTH ALSO ?
8. Please, share ur Knowledge & Experience. I Badly need it.
Started by Gyan Prakash at 12:44 p.m. on 30 April 13
I have filed W.P. 529 of 2013(PIL) in M.P.High Court Principal Bench Jabalpur for compliance of section 24(1) and 25-A of Cr.P.C. The MP Govt. appointed Public Prosecutor in consultation with the High Court. On 18/4/2013 Hon'ble Court has passed order " We direct the State Govt. to immediately withdraw the person, who has been directed to take care of the post of Director of Prosecution and we also restrain such person to work as Director of Prosecution. However, the State Govt. shall make immediate steps for appintment of Director of Prosecution preferably within one week from today in accordance with section 25-A of Cr.P.C.
Case be listed for hearing on 6/5/2013.
Started by PKJ at 10:21 p.m. on 29 April 13
I WAS ARRESTED BY CBI ON 29 NOV.2011 AT 8 PM but in arrest memo time of arrest is 10:30 PM 29-11-11.i was placed before court on 01-dec-2011 after 36 hr of detention.though time of travel is arround 8 hrs from azamgar to gorakhpur then gorakhpur to lucknow.now i was released on bail on 13-03-202.case is still running .
is this lawful as HABEAS CORPUS more than 24 hr of detention??
Started by GAURI GOVANDE at 4:55 p.m. on 29 April 13
My husband got Ex-parte divorce in dec 2009
facts of the case.
1. we live in same locality.
2. we had love marriage on 26 oct 2006
3. As my parents are not aware about my marriage I join him at my matrimonial home om 26 April 2007
4.he is jain & I am Gujrathi vaniya.
5. In Dec 2007 his parents separated us.
6. 18 April 2008 he went to his parents house and ask me to went to my parents house by giving reason that he will convince his parents to accept her as their daughter in law.
7.on 18 may 2008 he called join meeting at his house when i reach with my parents at his matrimonial home they shutdown door on my face and abuse us in filthy language. on same day i file NC complaint against him. when he came to know about my NC he filed counter NC complaint against me & my parents.
8. On 20 May 2008 he filed divorce complaint on ground of cruelty.
9. Meanwhile we meet each other on daily basis till March 2010.
10. some about on may 2009 one person came to my home who told me that he came from court & gives me some papers & inform me that there is court case .
11 when i ask to my husband about the papers he told me that his father i.e my father in law send hirelings to just threaten me he had not filed any proceeding against me in any court on same day when we meet he tore the papers. so i cant cross verify the same papers.
12. on 23 dec 2009 EX-parte divorce decree was passed against me.
13. on 9 feb 2010 i got Order by post
14. On 3March 2010 I filed application for set aside Ex parte divorce order.
15. On 25 March 2010 I informed to my husband that i filed the proceeding against him in this conversation he told me that he will not appear on first date. All this conversation is recorded on cell phone.
16. He got summance on 05 May 2010. He came to court & submits that he got married on 01 May 2010. and same was registered on 19 May 2010.
17. My application was rejected on under section 123 of limitation act.
18. I filed an appeal in High court in Dec 2010.
19. same was admitted on 3 March 2011
20. On March 2012 High Court allow my application and divorce petition filed by my husband is restore from the stage of my written statement. for his second marriage Judges refers Lila Guptas case. & also told that second marriage of my husband is not bounding on me and I can file application regarding his application
what is status of his second marriage of my husband.
and what legal action may take against my husband & his second wife
Started by nawneet at 10:47 p.m. on 28 April 13
Can complainant file revision against order of acquittal before Sessions Judge.
Started by nitin patil at 12:31 a.m. on 26 April 13
My friend has given me as barer cheque to withdraw . I withdraw and given him him money back but now he is telling that you have given me the amount and he send me a court notice saying IPC sec 420 will will be apply if you dont pay me that. Please suggest me the way and action need to do on this.
Started by Anonymous User at 6:47 p.m. on 25 April 13
PLEASE REMOVE THE CONTENT ENCLOSED IN THE LINK www.indiankanoon.org/doc/673602/ IMMEDIATELY.m
Started by Castelino at 2:13 p.m. on 25 April 13
Date:- 25th April 2013.
Erroneous views of any law, however widely held and acted
upon and even when endorsed by decisions of the Senior Courts,
including that of the Supreme Court of India, are no answers
to the enforcement of the law when errors are discovered and clearly ascertained. An error when discovered has to be corrected, lest the error destroys the law. Justice is delayed or denied precisely because of these errors. Trial Courts cannot correct these errors because of prevailing wrong decisions of Senior Courts. Do not blame the Trial Courts. Blame yourself for placing your case under erroneous views of laws, and under wrong laws, and in wrong Courts.
All Inventory Proceedings in Goa are filed by all
Advocates under the Portuguese Civil Procedure Code. This
is a deliberate Mistake as to Fact of Law. An Advocate is
ethically barred to make such a mistake. The Code of
Civil Procedure 1908 is in force in Goa with effect from 15th June 1966. From this date all Inventory Proceedings
had to be filed as per law in the Code of Civil Procedure
1908 only. No Advocate can have reason otherwise.
All Portuguese Laws in Goa have been abrogated totally with effect from 15th June 1966 latest. The only exception is the Code of Communidades. Reasons cannot be stated here. It is not proper even to file Divorce Petitions under Portuguese Family Laws. These are not the Family Laws of Christians. The principles of Christian Faith are given in the Gospels of Jesus Christ. Follow these principles for Christian Family Laws. 'Gaunkari' was introduced in Goa by Chanakya, and not the Portuguese. No Goan is of Iberian origin. We are all of Indian origin to remember that the
Portuguese was only an invader. It is healthy to erase the Portuguese legacy for good.
Inventory Proceedings according to the Portuguese Civil Procedure Code are not suits, and they are distinct and separate proceedings from a suit as understood in the Code of Civil Procedure 1908; and there is no Decree passed.
Without a Decree no right is acquired, therefore the said proceedings do not convey any right and are infructuous. To acquire right, proceedings have to be filed strictly under the Code of Civil Procedure 1908. Mistakes committed for the last fifty years do not give any reason for any Advocate
to misguide his client. Litigants must take caution that the error of fifty years deliberately committed by the Advocates is now known to Senior Courts like the High Court
and the Supreme Court, and Litigants will suffer unless these Inventory Proceedings are filed under the Code of Civil Procedure 1908.
Inventory Proceedings filed under the Code of Civil
Procedure 1908 is a Civil Suit. The Plaint has to be supported by an Affidavit Any one heir can file the suit as Plaintiff/Inventariante against the other heirs as Defendants/Inventariados. Unless the Parties are at dispute on the Appointment of the Cabeca de Casal, the suit may be decided under Order XV Rule 1 of the Code of Civil Procedure
1908 to appoint the Cabeca de Casal by Order. The Order to appoint the Cabeca de Casal is a Decree to vest into the
Decree Holder the title as Holder of the Estate of the deceased salvo jure cujuslibet (saving or reserving the right of all others) to include the interest of all the heirs. The Decree is to be executed by Partition according to the shares decided in the Statement of the Cabeca de Casal. The Statement of the Cabeca de Casal is also supported by Affidavit, and has to indicate the description of the estate, the shares of the heirs and other information
with regard to the rights of the deceased estate holders. There is Appeal in case the Order of the Trial Court is not fair. The Cabeca de Casal holding the Decree can even settle the shares of the other heirs out of court by appropriate Deed of Conveyance.
I filed a Writ Petition in the Panjim Bench (Goa) of the Bombay High Court admitted as Writ Petition No. 762/2011, to file Inventory Proceedings by making Application under the Code of Civil Procedure 1908. I was heard by the Hon'ble High Court and was allowed to do so. I followed the Order of the Hon'ble High Court and filed my
Application in two Cases. Readers should request their Advocates to correct their mistakes of the past fifty years and observe the law for quick justice.
By Mr. Basilio Santana Castelino, alias Mr. B. S. Castelino.
Address:- House No. 313/2, St. Matias, Malar, Divar, Tiswadi,Goa - 403403, India. Contact Nos. +91-9921170298 and +91-9405330135.