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KISHAN RETIRED JUDGE

ExpertAbout Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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  1. Asked: October 31, 2019In: Marriage

    How can a rape victim get bail, if his ex-girl friend filed a false complaint

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on January 11, 2020 at 6:27 am

    Dear Sir, Normally, now a days the courts are granting bails to victims of rape since because he being ex-friend of complainant/victim girl. Most of the times police registered rape cases even in case of consensual sex out of agreed love affairs. If such is the history of rape case then a rape victiRead more

    Dear Sir,

    Normally, now a days the courts are granting bails to victims of rape since because he being ex-friend of complainant/victim girl. Most of the times police registered rape cases even in case of consensual sex out of agreed love affairs. If such is the history of rape case then a rape victim may get bail.

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  2. Asked: November 12, 2019In: Marriage

    Is second wife entitled to get pension?

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on January 11, 2020 at 6:25 am

    Dear Sir, During the lifetime of first wife, second wife not entitled for pension. The second marriage during the subsistence of first marriage is void.

    Dear Sir,

    During the lifetime of first wife, second wife not entitled for pension. The second marriage during the subsistence of first marriage is void.

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  3. Asked: October 22, 2019In: Marriage

    Can a daughter-in-law get maintenance from their in-laws after death of her husband?

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on October 31, 2019 at 2:31 pm

    Hindu Adoptions and Maintenance Act, 1956   19. Maintenance of widowed daughter-in-law (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law: PROVIDED and to the extent that she is uRead more

    Hindu Adoptions and Maintenance Act, 1956
     

    19. Maintenance of widowed daughter-in-law

    (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law:

    PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-

    (a) from the estate of her husband or her father or mother, or

    (b) from her son or daughter, if any, or his or her estate.

    (2) Any obligation under sub-section (1) shall not be enforceable if the father-in law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the re-marriage of the daughter-in-law.

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  4. Asked: October 28, 2019In: FIR

    Can I apply for a government job if a FIR is lodged against me?

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on October 31, 2019 at 7:59 am

    Dear Sir, Simply pendency of FIR against you does not bar you from applying for Government job. As a precautionary major you may approach High Court under Section 482 of Cr.P.C and try to get stay order and thereafter get it quashed.

    Dear Sir,

    Simply pendency of FIR against you does not bar you from applying for Government job. As a precautionary major you may approach High Court under Section 482 of Cr.P.C and try to get stay order and thereafter get it quashed.

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  5. Asked: October 28, 2019In: FIR

    Can a police lodge an FIR without enquiry?

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on October 31, 2019 at 7:56 am

    Dear Sir, Normally after preliminary enquiry the police officer issues FIR.

    Dear Sir,

    Normally after preliminary enquiry the police officer issues FIR.

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  6. Asked: October 19, 2019In: Company Laws

    How to Register a Company in India.

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on October 30, 2019 at 5:04 pm

    Steps to Register a new Company 1 How can I register an Indian Company? Incorporating a company through Simplified Proforma for Incorporating Company electronically (SPICe -INC-32), with eMoA (INC-33), eAOA (INC-34), is the default option and most companies are required to be incorporated through SPRead more

    Steps to Register a new Company

    • 1

      How can I register an Indian Company?

      Incorporating a company through Simplified Proforma for Incorporating Company electronically (SPICe -INC-32), with eMoA (INC-33), eAOA (INC-34), is the default option and most companies are required to be incorporated through SPICe only.
      Incorporation through SPICe (For details, SPICe FAQs under HELP & FAQS may be referred)
      http://www.mca.gov.in/MinistryV2/incorporation_company.html

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  7. Asked: October 11, 2019In: Marriage

    What is the Court Marriage Procedure in India?

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on October 30, 2019 at 5:02 pm

    Dear Friend, You may go through the following procedure under Special Marriage Act Conditions Necessary for A Marriage The following conditions are necessary: That neither party has a spouse living at the time of marriage. That neither party is incapable of giving a valid consent to the marriage dueRead more

    Dear Friend,

    You may go through the following procedure under Special Marriage Act

    Conditions Necessary for A Marriage

    The following conditions are necessary:

    1. That neither party has a spouse living at the time of marriage.
    2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
    3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
    4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
    5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
    6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

    http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html

     

    The requirements of procedure as per Karantaka State is as follows regarding fees and formats

     

    1. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
    2. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

    (2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

    (3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

    1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

    http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx

     

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  8. Asked: October 9, 2019In: FIR

    How can I lodge an FIR?

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on October 30, 2019 at 4:54 pm

    What is an FIR? Well, if you have to file a cognizable offence, online FIR Bangalore facility is not enough. So let us also discuss what is in FIR and how to file it in a police station if such a situation arises FIR refers to First Information Report. This is a written document with a prescribed foRead more

    What is an FIR?

    Well, if you have to file a cognizable offence, online FIR Bangalore facility is not enough. So let us also discuss what is in FIR and how to file it in a police station if such a situation arises

    FIR refers to First Information Report. This is a written document with a prescribed format. It is designed to present all the information about the criminal event as told by the complainant. Not all criminal offence complaints are filed as FIRs.

    FIRs are typically filed for cognizable offence i.e. criminal offences for which the offender can be arrested by the police without a warrant. This includes theft, rape, rioting, assault and kidnapping.

    In some cases, non-cognizable offences such as bigamy, adultery etc can be registered as FIRs if a police officer witnessed the offence or if the court gives permission for it to be filed as an FIR. It can be filed by the victim, a witness or by any person who has knowledge about the offence.

    What is the difference between an FIR and a police complaint?

    There are many differences between FIRs and complaints. The former can be registered only for cognizable criminal offence while the latter can be filed for cognizable and non-cognizable criminal offences.

    FIRs have a prescribed format and must be registered at a police station while complaints have no set format and can be made to a judicial magistrate. Most importantly, filing an FIR forces the police to begin investigating the case while a complaint need not be investigated until the police are directed to do so.

    Why should you file an FIR?

    An FIR serves many purposes.

    • It informs the police about an offence that has taken place and gives them all the relevant facts.
    • It sets the criminal law in motion as police are duty bound to investigate FIRs.
    • It provides proof in cases where insurance is involved.
    • In the case of thefts, it protects the complainant from liabilities that could arise from the misuse of their property that was stolen.

    How can you lodge an FIR at a police station?

    An FIR must be registered as soon as possible after the offence. This will usually be registered by a Sub-inspector or the senior most police officer in the police station. To lodge an FIR the complaint may be made orally or in writing. In the case of oral complaints, the policeman will write down the relevant details in the prescribed format, read it out to the complainant and get it signed by them.

    Written complaints are attached to the FIR. When filing an FIR, it is important to report all the aspects of the offence correctly. This is because only one FIR can be filed per case. Thus, there can be only one version of the offence recorded.

    According to the Karnataka Police Manual, an FIR can be filed before the authenticity of the complaint or any medical reports is filed. Once the FIR is filed, it cannot be cancelled or withdrawn by the Station House Officer (SHO) under any circumstance.

    An FIR records the following details:

    A wise man once said, hope for the best but prepare for the worst. Being the victim of a criminal offence can put any person in panic mode but the first thing you should do in such cases is filed an FIR. Filing an FIR may seem like a daunting task but in reality, it is quite simple. In the unfortunate event of needing to file an FIR, here are a few things you should keep in mind:

    • Approximate time and date of the offence
    • Time and date of reporting the offence
    • Place where the offence occurred
    • Personal details of the complainant
    • Personal details of the accused
    • Description of the offence
    • In the case of theft, a description of the property that was stolen
    • Section of the law applicable to the offence
    • Signature of the complainant

    There are no fees payable when filing an FIR. A copy of the FIR is also given to the complainant without any charge.

    What can you do if the police refuse to register your FIR?

    If the offence is a non-cognizable offence, the police may refuse to file an FIR. In such cases, you may file a complaint in instead. Refusing to file an FIR in cognizable criminal offence is an offence in itself. In such cases you may choose to do one of three things:

    • Approach the Superintendent of Police to register the FIR
    • File a complaint at the jurisdictional court
    • File a complaint at the Karnataka Lokayukta

    What happens to an FIR after is recorded?

    4 copies of an FIR are made after it has been registered. One is kept by the police station and the others are sent to the Circle Inspector, Superintendent of Police and magistrate with jurisdiction over the area. A police enquiry will be started into the offence immediately after an FIR is registered.

    A team will be sent to the place where the offence occurred to collect evidence in the form of photographs, material evidence and witness statements. A report on the FIR must be given to a magistrate within 60 days if the offence was committed in the past 7 years or within 90 days if the offence was committed more than 7 years ago. It is important to note that filing a false report is punishable by law.

    Well, if you can file can opt for online FIR Bangalore facility; choose that over the physical one. Let technology revolutionize the way we work.

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  9. Asked: October 8, 2019In: FIR

    My wife filed a false complaint case on me Under Section 498A , 3 and 4 of D.P. Act.

    KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    • 0 Questions
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    Added an answer on October 30, 2019 at 4:17 pm

    Dear Sir, You may enlighten yourself about the defenses available and also go through the following related website. Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indicatiRead more

    Dear Sir,

    You may enlighten yourself about the defenses available and also go through the following related website.

    Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions

    Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a? 
    A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

    Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
    A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

    Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a? 
    A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.

    Q. My parents never stayed with us. Can she still file 498a against them?
    A. Yes.
    http://www.498a.org › faq
     

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