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My father has expired when i was age 8. From then my grandfather (father's dad) took care of me and i lived with him. My mother along with my younger sister and younger brother went back to my grandmothers(mother's mom) home and lived there. So now my grandfather (father's dad) side people have been discriminating me indirectly from my childhood becoz der was no one to support me. They indirectly dont allow my grandfather to treat me nicely. Recently i got married 5 years back and now my age is 26. My grandfather owned two flats. One flat was on name of his wife who has expired a year back another flat is still on builders name only. It is not registered on my grand father name. After marriage i lived seperately for 2-3years ,So once i wanted to accompany my grandfather and live with him along with my wife so that even i would get support from him. But my aunt(grandfather's daughter) is cruel and indirectly forced my uncle and he threatened grandfather and they made me not to come into home. My uncle my dad's brother directly told me to get out and he told i dont belong to their family. I was totally disheartened and helpless as my grandfather was silent fearing them. My aunt wants to occupy the house fully after my grandfather,stating as she is the only unmarried in the family. Her age is almost 35-38. She has an affair with an married guy and loots my grandfather money and enjoys with him. She now wants to do the same with the property. Now my only question is can i have any chances of legally claiming my grandfathers property cause my life would become miserable as im still not financially settled and also i have discontinued my job after 4 years of working and doing my mba now hoping of my grand father helping me in my financial problems. ? Please i beg every1 to help me in this fight against those cruel aunt and uncle.
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A. Dear Sir, What does the grandparent's property law in India state? Does the grandson own the right to the property? All property's owned by a Hindu person devolves onto his class one legal heir's. Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir) Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally. Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1. Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1. Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property. To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner. Hope this brings some clarity to your question and your sense of entitlements.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Vedant Lakhotia Experience: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

is question paper of competitive exam like NEET, JEE , AIIMS etc. conducted by GOV.BOARD is uder copyright act ? can we use it without any prior information or approval for commercial purpose ?" recently almost all publication company use these papers in their copyright book. can we copy these questions from their book ? is it violation of copyright act ?
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A. Using for the academic purpose is allowed as per copyright law. As far as copyright law is concerned it is not applicable on question papers because question papers are already in public domain.
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Junaid Ali Khan Exp: 2 Year(s) New Delhi
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hi, My grandfather died 5 years back without any will on his assets (FD´s, Shares, etc.) but with a nominee as my eldest uncle on all of them. However, the total value of assets which is being inherited by my eldest uncle is unknown as we do not have any evidence. He has denied of having any money as inheritance. Is there a legal solution which can be resolved quickly? Common sense tells me that if the court asks for financial transactions of all his bank accounts and of his family members, clear evidence can be obtained. However, a legal process might not be that straightforward.
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A. Code of Civil Procedure 1908 - Schedule I ORDER XI : DISCOVERY AND INSPECTION 1. Discovery by interrogatories In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer : Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose : Provided also that interrogatories which do not relate to any matters in question in the suit be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness. 2. Particular interrogatories to be submitted On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court. In deciding upon such application, the Court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall consider necessary either for disposing fairly of the suit or for saving costs. 3. Costs of interrogatories In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the Court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the cost occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. 4. Form of interrogatories Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require. 5. Corporations Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly. 6. Objections to interrogatories by answer Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, 59[or on the ground of privilege or any other ground], may be taken in the affidavit in answer. 7. Setting aside and striking out interrogatories Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made within seven days after service of the interrogatories. 8. Affidavit in answer, filing Interrogatories shall be answered by affidavit to be filed within ten days or within such other time as the Court may allow. 9. Form of affidavit in answer An affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with such variations as circumstances may require. 10. No exception to be taken No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court. 11. Order to answer or answer further Where any person interrogated omits to answer, or answer insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination as the Court may direct. 12. Application for discovery of documents Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion be thought fit : Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saying costs. 13. Affidavit of documents The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as circumstances may require. 14. Production of documents It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just. 15. Inspection of documents referred to in pleadings or affidavits Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document 60[or who has entered any document in any list annexed to his pleadings.] or produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit. 16. Notice to produce Notice to any party to produce arty documents referred to in his pleading or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require. 17. Time for inspection when notice given The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No. 8 in Appendix C, with such variations as circumstances may require. 18. Order for inspection (1) Where the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit : Provided that the order shall not be made when and so far as the Court shall be of opinion that, it is not necessary either for disposing fairly of the suit or for saving costs. (2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. 19. Verified copies (1) Where inspection of' any business books is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations : Provided that, not withstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made. (2) Where on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege 61[unless the document relates to matters of State]. (3) The Court may, on the application of any party to a suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been, in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof. Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the suit, or to some of them. 20. Premature discovery Where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection. 21. Non-compliance with order for discovery 62[(1)] Where any party fails to comply with any owner to answer interrogatories, or for discovery or inspection of document, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and 63[an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.] 60[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.] 22. Using answers to interrogatories at trial Any party may, at the trial of a suit, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer : Provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in. 23. Order to apply to minors This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
I filed a complaint case with the hon'ble court and FIR registered by the court's order. Complaint was against my wife and her cousin CA who access / hacked my Income Tax Account without permission/consent and police filed the charge sheet in the case in collusion with the other party. Police just filed charge sheet in two IT act i.e. 65 and 66 (C) to save the accused people. But did not charge with any IPC whereas my wife is living separately with me and we are having several litigation pending. Please suggest that what action to be taken against the Police Officials as my wife was having my PAN no. when she was staying with me and that is shared by her with cousin to illegal access of my Income Tax online account.
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A. Dear Sir, You may approach the Higher ups or High Court and can seek both reliefs of punishing the erring police and adding IPC sections.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Hi, Please confirm the action/process to be taken against the erring police officials who lost / damage my complaint i.e. received by them. I sent rti to know the status of DD NO. X Dated XXXX, DD NO. Y Dated YYYY, DD No. Z Dated ZZZZ received with the police. Reply received that DD NO. X Dated XXXX, DD NO. Y Dated YYYY, DD No. Z Dated ZZZZ is pending for enquiry with the S.I. AA of the P. S. and status under section 8 (1) cannot be provided to me. Then i filed appeal but it was also dismissed. Then I filed again RTI for the copies of the complaint i.e. DD NO. X Dated XXXX, DD NO. Y Dated YYYY, DD No. Z Dated ZZZZ and this time i received the calls from the P.S. that i need to submit the copies of the above mentioned DD nos. when i denied the same. I received the reply of the RTI where now police make back flip and reply that DD NO. X Dated XXXX, DD NO. Y Dated YYYY, is paid available but DD No. Z Dated ZZZZ is not available with the P.S. as on date ZZZZ last DD no. is BB. Now please suggest that in one rti police is admitting of having 3 complaints and those are pending but in next RTI they denied of receiving 3rd complaint. Whereas i am having the received copy of DD no. Z with me, with stamp of Police station on it. Hence, please suggest the action / process to file complaint against the erring officials who supplied the wrong status in RTI and for those who missed / lost /damage my complaint in collusion with the opposite party.
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A. If you approach the High Court it will pass strictures directly or ask the Police Department to initiate departmental enquiry.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Dear Sir / Ma'm, Please suggest any Judgement or citation of Hon'ble Supreme Court in which court ordered / given judgement on early hearing / deciding the section 340 against wife with the trial court.
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A. It is a fundamental right of every citizen to get speedy justice, but the Courts not implementing in their own courts but direct all other quasi judicial authorities to dispose within a time limit. Approach HC
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Married in may 2011 & due to domestic issues departed from dec'2015... Living separate from past 3+ years ..issue was clear 2yrs back that he to is not interested infront of our families, however legal divorce papers were not approached due to some financial issues at my end as there was no support from family.. & after 2yrs I took a step of marriage with another guy and now they are approaching for papers/making allegations.. should I approach court for divorce with ex.. Please note no one in my families know that I got married again but they think I am staying in illegal relationship.. please suggest
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A. To avoid future complications you just get a mutual divorce.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore

Anonymous

Posted 10 months ago

Hi, A Family friend (widow) and my wife both working together in same school. That widow lady filed a fake rape complaint on instigation of my wife (living separately),against me with police in 2016. When police called lady and me in police station. That lady withdraw the complaint by saying that her daughter is grown up and she don't want to proceed further, but in case she got disturbed in future by me she will take action. Then i came to know that my wife and her cousin CA had hacked my Income Tax Online id and password. After warning my wife and when she get adamant in CAW i filed the complaint case and in Oct. 2016 on hon'ble court orders a FIR registered against CA. In November 2016, that lady approach to hon'ble court u/s 156(3) but did not appear in court and after several dates of hearing her council argued and then FIR registered against me in August 2017. Now please reply with my below queries. 1. That lady in her complaint said that the fake rape is done on 19-2-15 and i am having the recorded calls of the same lady for 20-2-15 and 21-2-15 in which that lady is discussing my issues with my wife and suggesting me also. Is these are valid evidence? 2. That should i hand over another some recorded calls to police right now at this stage in which the same lady is chatting with me and also discussing our family issues and providing solutions to me or shall i wait with these recorded calls to produce in hon'ble court at the time of trial or evidence? Police had not even taken the CDR of the said case even after she filed a complaint case with the hon'ble court as that lady given 24 missed calls and 43 calls to me in that period between the fake incident happened and the complaint filed by that lady with the police (according to Truecaller details with me).
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A. You can proceed to file complaint with high ups and move HC
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore

Anonymous

Posted 10 months ago

Can we complaint anonymously in police against a person
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A. Yes, criminal law can set into motion by any body. In some case like Customs Act they appreciate and give incentives and hide the name of the informant.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore

Krishnan Natarajan

Posted 10 months ago

I have been working in an MNC for the last 4 years with extremely strong credibility. I have been suspended for no valid reasons and still any charges are yet to be framed. In this scenario, do I have any legal recourse if my employer terminates me inspite of being honest and credible?
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A. Yes, the same labor laws applies but no employee is ready to take benefits labor legislations.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
Vedant Lakhotia Experience: 3 Year(s) Kolkata
Nilanjan Chatterjee Experience: 5 Year(s) Howrah

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