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.
Started by Anonymous User at 1:17 p.m. on 24 April 13
A trust has conducted elections using fraudlent means . I need to file a caveat to restrain the change report being accepted . can someone help me with format and also
It will be filed under sec 22 of BPT act
Do i need to submit supporting attachments
Also If i need prevent from construction of temple as it is an educational institute can I file a caveat for that as well ? and under What section
Started by Anonymous User at 10:18 a.m. on 24 April 13
My in laws filed a dowry harrasement complain and divorce / maintenance law suit. I lost my job as legal notices were sent to office address. I have various loan liabilities around 10 lakhs.
Assuming 2 years from now my finacial position changes and I own assets worth 50 lakhs and annual earning of 5 lakhs.
Asuming maintenance / divorce is decided when financial position has changed.
Will settlement be decide based on changed financial condition or the financial condition in which law suit was filed?
Started by Anonymous User at 5:06 p.m. on 23 April 13
Dear Sir / Madam,
In 2008, on my way to Hassan from Bangalore i had stopped my jeep on the side of the road to answer the call of nature. I had just got back into the jeep and hadn't even started when i saw a motorcyclist coming at full speed from the oppsite direction and was overtaking an auto. He seemed to be also speaking on his mobile as his head was tilted towards his shoulder. I waited for him to pass but he must have lost control and he came and hit my jeep his face crashing into the windshield right in front of me.
By the time i got out i saw that the auto had also toppled over. I do not know whether the auto had also hit him. By the time i reached, the auto driver righted the auto and sped away. A few villagers had gathered and we found that the rider was dead. One of the villagers told me that the man was coming from a party and that he was drunk. He told me to get away as soon as possible, as if his friends reach here i will be in trouble. He helped me on to a passing truck and i went to the nearest police station on the highway. As it was only a small outpost there was only one policeman there. It took about 3hrs for the SI to go check the spot and come back. He told me there's nothing to worry about and as it was getting late (8.00pm) to go the next day to the local headquarters and file a complaint. My papers were all in order.
By the time i reached the next day, the friends of the bike rider had already filed a complaint against me saying that i was driving rashly and that i was drunk. I came to know only later as i can't read the documents as they were in the local language. When asked the policemen there told me not to worry and this was only so that the dead man's family could get some compensation.
But the matter was already in court. For the past 5 yrs. I have been going to court paying a hefty lawyer fee each time as the court is not in Bangalore. Witnesses were called but none of them appeared. There is no mention of the auto in the report. My present lawyer is also not helpful as to the outcome of the case. My mind has been so troubled that i even left a lucrative job and am jobless for the past 3 yrs. I can't even afford my lawyer fees now.
Please help me. How do I proceed?
Started by vishals17 at 12:33 a.m. on 23 April 13
i am married for the last 2 1/2 years. i have a baby boy aged 1 1/2 my wife hd abused me ever since the birth of kid,but on one occassion i took her to her father's house and asked him to send only when her temperament gets even.just after one week her father came to my home and left the baby to me while she was at her father's home. it has been 10 months now and she has neither returned nor adjusted her temperament. she still sends me abusive texts on daily basis, now she has also stated threatening me. i am apprehending 498a against me. should i file section 9? she may file 498a son after that of wait for her move?(I Don't want to live with her now)
Started by Jawwad786 at 5:15 p.m. on 21 April 13
Is application for review of an interim order of maintenance under CrPC maintainable in the same trial court. The Judge who passed the interim order as admitted the application for review, but the petitioner objects ,says the case is criminal in nature & there is no provision for review.The defendant pleads that since it is not the final judgement/order, the Judge is within his competence to hold a review in the face of issues raised in the review petition, which are fundamental to the disposal of main petition for maintenance. The defendant proves that petitioner is a divorcee.Please guide.
Started by Jawwad786 at 4:55 p.m. on 21 April 13
A petitioner brought allegations of cruelty by husband for dowry, non-payment of any maintenance since inception of marriage, confinement to one room in matrimonial house etc in her plaint.
The respondent pleaded that she was divorced 2 and ½ years back and that she has wilfully concealed from the court , the occurrence of divorce on her. He produced Qazi’s decree and copy of his summons to the divorcee as documentary evidence.
The petitioner could not produce any oral or documentary evidence in support of her plaint till the court closed her side of evidence and asked the respondent to bring evidence, if any.
The respondent produced a certificate from a marriage bureau that the petitioner is registered with it for her IInd marriage since 03 months after filing the maintenance plaint under the CrPC. Oral witness is to be produced now by the respondent.
1.Why does not the court dismiss the case :
--- for lack of any evidence from the petitioner.
--- for wilfull concealing of her divorce from the
--- willfull concealment of her registration with
Note:--The Petitioner is not leaving the house of Respondent despite 3 & ½ yrs of divorce.
Started by Anonymous User at 5:52 a.m. on 21 April 13
Can a landlord refuse to accept rent on made up reasons and then threaten to evict