TROUBLESHOOTERKILLROY

Indian couple living in the U.S. 5 year daughter and 2.5 yrs son. Owing to school timing pressure, daughter was slapped for not eating. Husband files for divource on domestic violence earlier and child abuse. She does not challenge the divorce, she does not ask for alimony and child custody and asks for only video chat. Comes back to India.

Can she file for restitution and/or alimony/children custody in India??

I have one portion of office complex in a three storied building. But the whole length of the building front about 150feet is encroached by party offices, tea shop, fast food and so on. I dont know who are the occupants and now they even gone to the first floor with ugly structure and blocking the view of the office building and all the ktichen exhaust directed towards my office building. on account of this I am not getting any one to take it on rent or no buyer coming forward.

So can anyone pls suggest best means to tackle this and pls take note that I need directions based on Indian legal system taking into consideration that the encroachers details not known.

A 25 years case. The lady who was 55 then is 80yrs. She kept taking financial help of a person calling him as her lost son and requesting him to handle all her legal matters. Now she has been silenced by her daughter's children and settling the property in disupute for 1c which actually worth 4c. So the question is can the person file a suit based on the old lady's verbal declaration as son and proof of financial help, to protect the property and bring the buyer under the law for usurping the property by armtwisting and to follow fare practice??? Only laws valid in India needed.

Good Day.

When there is 26 defendants, one of the defendant files affidavit stating that he is filing it on behalf of all the defendants/respondents.

Plaintiffs loses the case in High court and on appeal to the bench gets favourable order.

Plaintiffs get into compromise that all suspensions and membership issue is settled and hence agrees to withdraw cases and the defendant respresenting all sign the memo of crompromise.

20 out of the 25 defendants also sign affirming the compromise.

My question is can the remaining 5 defendants get the privillage of representing themselves in the court bcos of not happy with the compromise, when all along they sailed with one defendant representing all of them? Especially when the o.s.a is over.

Chennai Couple married for four years and in the U.S. with a girl child of 2 yrs. Wife comes to Chennai with the child but doest not go back to the U.S. bcos of constant physical abuse and Visa expires. Both parents not U.S. citizens but the child is. When the boy is contacted to come to India for counselling etc, kept delaying and never came. Instead he sends a notice to the wife accusing her of not bringing anything and they hv to put some gold jewels; not giving matrimony pleasures; insulting his parents etc and the main thing in the notice is that the wife has to come back to the matrimonial house in 10 days along with the child. The child's visa is extended by Indian immigration till 2013.

The question is if the wife is not willing to go back, can the husband claim custody of the girl child since he is in the U.S and the child is an U.S. citizen??? or

Is there a way out, to divorce that guy and stay behind in Chennai with the child??

Pls advice as the person involved is very close to me.

One of my officers has bought a flat 9 years back with his money but because he was at sea, registered the flat in his bro wife's name. He continued to pay the emi thro his account and completed the loan. 18 months back his brother sells off the flat and walks off with the money and he is homeless now.

I advised him to send a legal notice to his brother and sister in law demanding to transfer the funds gotten through the sale and after notice period expires to file a suit for recovery of the sale money by putting the facts before the temple of justice and by filing the proof of payment from his salary through the bank.

Would appreciate expert legal opinion to go about it as based on Indian legal system. This incident place is Bombay.

Will be watching for quick assistance to guide him better.

Dear All

I have filed a suit with 5 applications. To declare supensions invalid, current ec members to be restrained as not elected legally, adv comsnr to conduct re-election after verifying voters list and so on. All applications gotten dismissed. For suspensions, some case laws courts not to interefere in internal matters. For not taking into account of 400odd memebrs, it was said since the matter is sub judice in the lower court, the society need not consider them and hence their unanimous election is upheld and hence no adv comsnr and no reelection.

Now the court is on vacations.

Pls advice, to appeal all the 5 applications and again go for second appeal?? and if both fail then take it up with supreme court??

Finally, how long is the process for first appeal and then second appeal and mainly how long will it take if i take it up to the supreme court?

How to get hold of one advocate in supreme court with regard to societies registration act cases??

Pls answer and help basis Indian legal system and I just dont want to drop the issues as I have spent too many years of hard work, time and money.

DEAR ALL

Will it be taken as a good epithet or will it be considered a dig and a poke at Obama??

Dear All

I have three issues to be taken up--

1. Challenge the suspensions of mine and my wife's membership.

2. Election conducted is invalid as all members were not sent agm n election notice as they dont recognize new members as members. If the members are not admitted then the membership issue must be sorted before holding the election. Read up some case laws to this effect.

3. To regularize the new members since it is disputed by the opponents.

Pls advice basis Indian legal system as I do not want to lose again on technicality that a suspended person cannot ask for remedy unless the suspension is challenged and restored as member.

Can I file a suit for all three in one suit?? in high court.

Dear Sirs

Lower court gives an interim order by appointing advocate commissioner. But the defendents go on a CRP and stay the lower court interim order.

I read up one article in helplinelaw site that in a criminal case the high court cannot excercise this revision on an interim order of the lower court.

Can you please tell me if same applicable in civil also that if advocate commissioner has appointed as an interim order, can a high court stay that interim order?? I clearly read and understood as that high court can only excercise this REVISION POWERS only on final judgements of the suit. pls help me. (Only as applicable to Indian legal system)

Dear All

Pls only as applicable to Indian legal system.

With great difficulty managed to get an advocate commissioner appointed by the city civil court to conduct AGM and election. Now the other side gone on CRP and got the lower court order stayed and advocate commissioner is removed. It was told that the high court stayed the order and telling to file counter within 15 days and he will hear the arguments. Is it not weird and cant anything be done for the judge for staying the lower court order without hearing the arguments and letting the other side take control and instantly they are suspending some more office bearers who are leading contenders and declared the date fpr AGM and election. Can anyone give me links for defending this successfully? or how to go about it?

Dear All

As usual only advice according Indian legal system.

There is byelaw that the elected office bearers shall serve for 3 years from the time elected.

The opposite group is with majority and so they terminate/suspend. Further they even circulate letter to all the 3000 members. So my question is

1. Can I ask the court for restoration?

2. Can I claim damages like 2laks from the head of the institution and rest a lak from the 10 other committee members who have signed for the resolution to suspend and for sending damaging letters?

3. If so how much will it cost me to file it in the court for the restoration and damages?

Dear Legal Luminories

With regard to a community registered society, I want to file a suit and I would like to argue myself as I know the full case history. Most of the times advocates miss out valid points and events when the Judge is asking.

So can you pls let me know what is the procedure so that I can represent myself and deal with the case.

Dear All

One life member in a community society, has sent a letter alleging that the society is stealing money from the advertisement from the web site donated by another life member. This is purely to rile and heckle and no truth in this.

Need to know:

1. Best way to deal.

2. To file libel suit or defamation suit?

3. Can I challenge him to prove his allegation failing which to claim compensation of 5 laks??

Pls suggest how to deal it legally.

Dear All

One life member in a community society, has sent a letter alleging that the society is stealing money from the advertisement from the web site donated by another life member. This is purely to rile and heckle and no truth in this.

Need to know:

1. Best way to deal.

2. To file libel suit or defamation suit?

3. Can I challenge him to prove his allegation failing which to claim compensation of 5 laks??

Pls suggest based on Indian laws.

Dear All

Application form in a community society has a clause "admission for membership will be subject to approval by the executive committee."

In the bye-law of the same society the admission section has it as:

THE ADMISSION OF MEMBERS SHALL BE AS PER THE APPLICATION FORM PRESCRIBED BY THE ZZZZ SANGAM AND ADMITTED AS MEMBERS BY THE EXECUTIVE COMMITTEE .

Question is - bye-law merely says admitted as members and does not say that approval is needed. But in the application form it is mentioned as "admission for membership will be subject to approval by the executive committee."

I stick to byelaw and say no approval needed and members are just admitted by EC meaning EC members must be made aware and no approval required.

others say: Approval of EC is must, since the bye law says admission is as per the APPLICATION FORM which says admission will be subject to approval by the EC .

I AM RIGHT OR OTHERS RIGHT??

Pls help based on indian societies act.

Dear Legal Luminories

In India-- Father has willed his say a bungalow worth 4 crores to his two sons and to the two daughters cash investment of 15laks each.

Can they file a suit for equal share as I do remember some law with effect from 1978 or so that daughters are eligible for equal share of their parents property.

My question is can the daughters claim for equal share as the will gives disproportionate share to the sons?

As usual only applicable Indian law and only professionals pls advice. No offense.

Dear All

The Indian girl gets registered marriage to a Malasian boy when he was doing his studies in India. After 6 months he goes back to Malasia and no contacts. She goes to Malasia and he tells her to file for divource as he gotten involved with another girl.

She files for divorce and notice served to the same address as it was in the registered marriage certificate.

Now she is being told that unless he responds, the divorce case may not go thro in court.

My question is-- is it not possbile to get an exparte order since the notice sent was as mentioned in the marriage certificate??

Professionals pls advice means to get the divorce.

I dont know how this question got deleted and so I am reposting same. Real life situation and so pls guide/advice.