In this Delhi HC judgment, petitioner was made to pay cost of Rs 10,000 due to frivolous petition and causing delays in judicial process.Case of: Shri Manoj Sharma vs Shri Naresh GuptaExcerpts of judgment below:6. The record shows that petitioner is only interested in delaying the trial of caseand the criminal complaint is pending before the trial court since 2001 and therespondent has been cross-examined as far as back in the year 2004. Nowhere thepetitioner has taken the plea of the alleged receipt executed on 10th February, 2001. There is nothing on record to show that the petitioner has ever taken this defenceeven in the reply sent in response to notice, under Section 138 of the Negotiable Instruments Act. Under these circumstances … [Read more...] about Petitioner to pay cost on frivolous petition
DV Act (PWDVA) applicable against female relatives of man
According to PWDVA Domestic Violence Act, both male and female relatives of husband /man can be implicated in the complaint by wife/woman. Following are excerpts and my comments from Chennai HC judgement where the judges have dealth at length with the issue of PWDVA interpretation. It may seem a bit long-winded discussion about the point of female relatives of man but probably judges wanted to show complete application and logic for arriving at the decision.From judgment :BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28/04/2009CORAMTHE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAHCrl.O.P.(MD)No.11066 of 2008andM.P.(MD)No.1 of 20091.K.Kamala2.K.Pasungili3.C.Vasantharaja ... PetitionersVs.1.M.Parimala2.The District Social Welfare Office cum The District Dowry … [Read more...] about DV Act (PWDVA) applicable against female relatives of man
Indian Police on dowry complaints: Shoot first, talk later
Today's news story of Bangalore techie Shubhankar Katyayan is heart-rending of how cruel people will not stop at anything, and literally will kill the 'golden husband' they set out to exploit like the proverbial 'golden goose' story.Treated cruelly by wife, techie ends lifeNow read the pertinent information from the story:Shubhankar’s lawyer Anand said the divorce petition (MC1732/09) was filed on June 24, 2009. In the judicial separation petition posted for hearing on January 1, 2010, Nandini had claimed Purunjay’s custody and return of all gifts she received at her wedding.On July 14, Nandini’s mother Anmana Jha lodged a complaint with the Commercial Street police, alleging that Shubhankar, demanding dowry, had assaulted and attempted to kill her daughter. A number of criminal cases were … [Read more...] about Indian Police on dowry complaints: Shoot first, talk later
Mediation – what it means and what it entails
Mediation is a customary procedure ordered by family courts for civil suits relating to family law like divorce, child custody etc. The idea of mediation is to allow parties to dispute to sort out their issues between themselves without going through court procedures. All parties to mediation -- mediator, petitioners, respondents, and their lawyers are expected to work towards that goal.Following is a brief explanation of procedure of mediation.1. Mediation date and time is given by court to both parties - husband and wife parties. On the date of mediation both are expected to appear in Mediation centre of the court premises.2. Mediation is conducted/moderated by an expert who is a lawyer by training and does it pro-bono, i.e, without financial remuneration.3. Mediation process once … [Read more...] about Mediation – what it means and what it entails
Favourable HC judgment relating to children and NRIs
Finally a favourable judgment to law abiding NRIs having children. A Delhi HC has ordered a child with UK passport to be produced before UK courts as ordered by UK court. The mother's plea that it is not in best interest of child did not hold water with high court. The high court has said that since child was brought to India with father's consent and understanding to return to UK, that must be done to begin with.Child with foreign passport cannot overstay in India … [Read more...] about Favourable HC judgment relating to children and NRIs
Official RTI resources
Links to information about Public Information Officer (PIO) for various govt ministries & departments :Information about RTI on various ministries Official link where you can file appeal / complaint on rejection of RTI application:http://rti.india.gov.in/rti_direct_complaint_lodging.phpOfficial link to file second appeal if RTI application rejected:http://rti.india.gov.in/rti_second_appeal_lodging.php … [Read more...] about Official RTI resources