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I sent sexually abusive chats to a girl I know on whatsapp.I was just angry and did not meant to harass her.Her lawyer sent me a legal notice under IPC 354,509,and IT ACT 66.she has my chats as evidence from my number.What is my defence,I think I am in trouble.I can't believe Indian women now,will i have to go to years of jail for such petty issues.My personal and professional life will be destroyed because of such women.I need advice from expert lawyers in this forum,how will I defend?
Hi querist, Since you mentioned that the messages sent by you to the girl are sexually abusive in nature. You have also mentioned that the girl is known to you. First and foremost, one has to understand that a legal notice by lawyer alleging that the offenses under section 354, 509 and 66 It act have been committed by you, does not have any legal sanctity and no penal consequences have been invoked. Further, Your defense can be plenty of things such as relationships with women, messages represent the true nature of the women and you have backing for what has been stated by you and the other would be denying the allegation as having chats merely and relying on them won't survive proving the allegations in the message. Nothing is going to affect your personal life and career, just choose a proper strategy to counter it.
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My grandfather had two wives. The second wife is my real grandmother while there are two other sons alive from first wife of my grandfather. My father works in US and here I am residing with my mother. Now my grandfather is not well these days and we want to sell our portion that we have in our grandfather's property but my both uncle are against it. Can we file a partition suit against them ??
That depends on whose name the property is. As you mentioned your share, I am assuming that the nature of the property is ancestral property. if so, yes. since the ancestral property right is given since birth and you can seek partition anytime of your share and can also sell that share. If the share is established and partition is granted you can do whatever you want to do with the property
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I have booked two flats under construction link in sept 2018 and paid all amount till jan 2019 and the construction of 8 flats completed by April 2019 but builder not handed over the flats to me as he said ,he has some money dispute with landlord so that land lord not allowing him to give possession to me whereas others owners occupied the flats . builder neither giving possession nor giving money back as i sent a legal notice to him already. Let me know what should i do to get my money back ?
The remedy depends on the nature of the property and the status of builder. whether the builder is rera registered and the property is rera registered or not. If yes, you can approach RERA and get the remedy of either possession or your money alongwith the interest.
If not, then civil suit for recovery of money or the specific performance of the contract can be filed and the remedy can be obtained.
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Sir/madam, i have a query regarding ipc 377. Sir I want to know if a wife has filed a 377 against her husband with relevant medical evidence of anal penetration and injury, can he be acquitted on the basis of ipc 375 as marital rape is not a crime in india?
One has to decipher the provisions as stated. 375 can't be made out against the husband. Equivalently, 377 prima facie can not be made out against the husband. Medical evidence per se stating that there was something penetrated in the anal region won't constitute the offense, various other corobative circumstances are required to establish the guilty such as traces of semen in the anal region( if sexual intercourse is alleged) or creating a chain of circumstances which can establish the guilt. Per se, recently, Hon'ble High court of MP has already dictated that 377 can not be made out against the husband. However, it is a ground of cruelty and the wife can seek divorce or charge the husband under 498A
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I would like to know if it's mandatory to produce a certificate when you want to put digital evidence on record? I mean I use my mobile and it has those WhatsApp chat (primary evidence), can I not simply show those chats from my mobile or am I supposed to give printed screenshots of the same along with this certificate. Please guide. And what about audio recording.
You have to provide the screenshots of the conversation in print form or the exported chat in the printed form. under such circumstances, If you are relying on the electronic evidence you will be entitled to prove the same through a certificate under 65 B which authenticate your evidence and only after which the evidence will be exhibited and read by the court. you are advised to do the same to proves your case much better.
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Hi, my grandfather wrote a will for a plot in Delhi, and distributed to his 5 sons. On paper, he divided the plot first into 2 sections, and virtually divided those 2 sections more into 3 floors, making 6 virtual flats in that plot, and divided it into his 5 sons(all this division is only on paper, there is no floor actually built on that plot). Now 4 sons already passed away(including my father) & family of 2 brothers want to give me their share of the plot, how to proceed?
As per the succession law, the testament of the testator can only be considered valid only if the bequeathment of the property by him is existential. In such circumstances, your grandfather has virtually divided the share. The testament of the division of the share to 5 sons can be considered valid and the existing property can be divided under such circumstances. since you mentioned that 2 sons are willing to give their shares to you, that is relinquishment of their shares in the property. For that a registered relinquishment deed will be executed by them to transfer their shares to you.
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We had booked a banquet hall/hotel for a function. During the event a car came inside the premises whose number plate was hidden. It remained inside for about 50 minutes. The thief’s were used this car to stole our bag which had cash and jewellery given by relatives attending the function. The security given by motel was standing besides that car and even talked to one of the person who was involved in theft. I am looking for remedy to get compensation from the motel. Can we go to consumer court
Well, in that case the remedy for you can be dissected into 2 wayouts. One a criminal complaint against the unknown accused, which you have already must have filed and implicating the security staff and hotel under conspiracy.
second, filing a consumer case as well a recover case because of the Promise or assurance to service and deficiency and denial of services thereof by the banquet. you can seek compensation and also seek recovery of the amount from them. The exact remedies can be advised after ascertaining the actual facts of the case.
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A private complaint under crpc was filed against me to a magistrate. The magistrate took cognizance and summons were issues. However without any further process the case was compromised. There was no FIR filed, no police report or investigation report, no chargesheet filed. Recently, I am selected for a central govt job and have filled the attestation form. In the form, I was asked if I have ever been prosecuted and I denied that I have not. Should this be a worry during police verification?
No one has to understand that filing a police complaint or a magistrate complaint against a person is different and court convicting a person is a different scenario. The substance of accusation and the trial thereof won't attract any adverse affect on your verification.
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We have entered into an notarized agreement to sell with a property broker to buy a property in Uttam Nagar area of Delhi. But. We have paid all the consideration amount to the broker. But the broker is now refusing to agree for a registry date and denying it. Please advise on the legal issue. Its urgent.
You can file a complaint of cheating. what needs to be ascertained is that exacts what are the proceeds of the transfer and under what promise it was paid. if the bayana agreement is between the buyer and seller how can the broker take the money and if he has taken and is not pursuing the agreement, than civil and criminal liabilities are attracted.
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Well Prepared Writ is ready with me, I am looking for someone to share a Quotation for Scrutinizing Well Prepared writ, help me in filling writ Petition to Supreme Court, Also Quote for Appearance / Hearing/ Arguments in Person or with AOR
That depends on the nature under which the Writ jurisdiction of Hon'ble supreme court you want to invoke and the factum of relief which can be attracted under the prayers as claimed. You are advised to share the draft and the scope of the date and events as happened for which you wish to invoke writ jurisdiction.
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