Sir, What happens if a driver is not holding a valid driving licence at the time of accident? If the complainant is 72 years old and has no valid driving licence at the time of accident, what is my accused liability in a criminal case? I have all documents completed so what happened sir in the criminal trial case.
When the driver did not hold a valid driving licence at the time of accident the insurance company is not liable to compensate as per the terms and conditions of the insurance policy.
The owner is personally liable to compensate and suffer all the liabilities personally arose under the Motor Vehicle Act [New India Assurance Co. Ltd. v. Suresh Chandra Aggarwal, (2009) 15 SCC 761].
In your case, the person shall be liable for the offence irrespective of his age. But his age will play a mitigating factor in determining the quantum of sentence.
What to do when the builder does not want to obey the agreement to sell? Made an unregistered sale agreement and on that basis paid a lump sum advance, now the builder is not complying with the agreement clause and harassing.
Registration of agreement to sell is neither mandatory nor obligatory. Therefore, it need not be registered. Agreement to sell does not confer any right on the buyer except to prove that buyer and seller agreed to sell that property on the price mentioned in the agreement.
You can say that the agreement to sell is an agreement that sale of such a property shall take place on the terms and conditions mentioned in the agreement.
Hence, you have the right to claim a refund of the booking amount for earnest money (which is mentioned in the agreement to sell) because you are willing to purchase the property but the builder is not.
If the project is registered in RERA you should file a case under Section 18 of the RERA. The builder is bound to refund the booking amount and for this purpose the court shall admit the agreement to sell.
One of the Individuals filed a private complaint against me. Case was for change of Date of Grampanchayat assessment copy of house property from 2013 to 14. Same assessment was presented in the court by us for filing a suit against him for easmentry right. Court ordered for invitation under 156(3). FIR i.e. report filed by police in the court. Court passed order to re-registration of Report & private complaint is disposed of.
Now complainant manage to got Case reregistration of private complaint with all other papers and Report, instead of only Report itself. We have received notice therefore appeared in court. Question Now question is 1) Since private complaint is disposed of as per Order then how complaintant can register the same second time. 2) What will be our future stand to take. 3) Can case for Contempt of court Order be filled against complanent? 4) Matter is at Kolhapur Dist in Maharashtra, where to file? 5) What are other alternatives?
The complainant cannot register a complaint if the FIR in respect of the same facts and incident has been quashed by the High Court. Subsequent proceeding is illegal and against the judgement passed by the supreme Court in T. T.Antony v. State of Kerala 2001 SCC.
Complainant has no power to initiate a second proceeding in the same offence. You should file an application in the High Court under Section 482 of the code of criminal procedure for quashing of FIR.
What happens if I break my girlFriend engagement? My girlfriend is engaged with another person without informing me, now I want to marry her, but she moved on. What I can do in this situation shall I approach the groom to convince.
You have no right to interfere in the engagement ceremony of your ex-girlfriend. Your relationship was consensual. You both were in relation with your free consent. It does not confer upon you a right to claim marriage with her if she doesn't want to marry you.
If you create any chaos you’ll commit an offence and the family of your ex-girlfriend can take appropriate legal action against you. If your ex-girlfriend has cheated you or made false promises of marriage then you can initiate legal action against her.
New khatauni after acquisition of land by the state government is possible. Can State Govt get name of individual changed in Khatauni in case the land has been acquired by the state. Land vests in the state but Compensation has not been paid and possession not taken? On what basis a state/ an authority and with what evidence name is changed in such a case? State Dept Application to Tehsildar must contain some evidence.
After the acquisition the state government becomes the owner of land. Therefore, after the acquisition a new khatauni is prepared by the collector. If there is any mistake in khatauni the collector shall direct the Tehsildar to do correction.
If you did not receive compensation then you should file a representation to the collector and demand the payment of compensation with interest. It is the responsibility of the collector to deposit the amount of compensation in the account of the tenure holder. Failing which you should file a writ petition in the High Court.
In 498A, will my family get arrested? My wife has filed a false case against my family. She wanted to marry her friend but due to pressure from her father she married me. There is no fault from my side but due to the whim of my wife my family is facing troubles.
The investigating officer will not arrest the accused (your family members) in connection with the offence of cruelty. In this situation the investigating officer shall issue a notice under Section 41-A of the code of criminal procedure.
You should comply with that notice and cooperate in the investigation. If the allegation made in the FIR is false then you should move a writ petition before the High Court for quashing of FIR.
In Bhajan Lal case the Supreme Court has held that if the allegation in the FIR holds no field or prima facie no offence is made out against the accused the court has power to quash that frivolous FIR.
Can the bank recover the loan from me if my friend does not pay EMI? My friend is taking a car on a loan. But he is not paid EMI. I am the co-applicant. What to do?
You are a co applicant and co-borrower in that loan. Hence, the bank has the right to recover the loan amount from you if your friend does not pay the EMI.
The liability of co-borrower is equal and to the same extent as the borrower has in respect of loan. Therefore you cannot absolve yourself from that liability. However, you have the right to recover the amount from your friend which you have paid to the bank in discharge of loan.
You are also entitled to receive interest on the amount you paid to the bank on default of payment committed by your friend.
Can I file a complaint against the family court?
You can file a complaint against the sitting subordinate court judge for his misconduct or dishonest conduct in dealing lawsuits. But you must have credible and clinching evidence to prove his misconduct. The procedure is very simple and effective.
If you fail to prove the allegation the court shall take appropriate penal action against you. According to Section 3 of the Judges Protection Act 1985, no court shall entertain or continue any civil or criminal proceeding against a judge either sitting or retired.
But the High Court has power to initiate judicial proceedings against the judge for any criminal act or civil wrong committed in the discharge of duty. Therefore, you should file a complaint to the administrative judge of the High Court.
What to do if my wife is threatening to file a false criminal case against my family members? Wife’s family fights and gives warnings to the whole family. They are planning to file a case to the whole family. They are threatening that you will spend a long time in police chowky. What happens if they file a case? My brother wants his child custody with them only and doesn't want to give big alimony.
You should immediately file a first information report (FIR) for the offence of extortion and criminal intimidation against your wife and her family members.
Don’t wait till the filing of their case against your family members. They have committed an offence of extortion which is punishable under Section 384 & 506 of the Indian Penal Code. Hence, you should lodge the FIR immediately.
So far as child’s custody is concerned, you should file a case under the Guardian and Wards Act. This suit shall be filed in the city where your child is living currently.
My husband died on 9th September 2022. My two sisters-in-law's and mother-in-law are not allowing me to stay in the matrimonial home. They have taken all my husband's belongings and documents under their possession. I have a 10 year old daughter. I have no source of income and nowhere to go. What should I do?
You have the right to reside in your matrimonial home and this right does not cease to exist after the death of your husband. This is a shared household under Section 2(s) of the Domestic Violence Act 2005. Your in-laws have no right to keep you away from the shared household.
Section 19 of the Protection of Women from Domestic Violence Act 2005, protects the rights of wife to residence in her matrimonial home. You had lived in this house with your husband. Hence, this house shall be treated as a shared household.
The expression ‘at any stage has lived’ has been used in Section 2(s) of the DV Act, to protect the women from denying the benefit of the right to live in a shared household. Your in-laws cannot restrict your entry in the matrimonial home that you are currently not living there.
This house is still your shared household as per the judgement of hon'ble Supreme Court passed in Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414.
The court has held that “We, thus, are of the considered opinion that shared household referred to in Section 2(s) is the shared household of aggrieved person where she was living at the time when application was filed or in the recent past had been excluded from the use or she is temporarily absent.”
In Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414 the Supreme Court has held that a wife has the right to reside in her matrimonial home irrespective of the fact that she is not the owner of that house.
You should file a complaint under Section 12 of the DV Act against your in-laws and seek residence order. Your right to residence in the matrimonial home is still in force and your in-laws cannot restrict your entry in this house.
