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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   20 December 2011 at 14:43

Right of the bank to take possession on the property

Respected members, please give a solution to my problem.
Smt.A and Sri.B are legally wedded couples and in the year 2006 they jointly jointly raise loan from XYZ Bank to purchase a Flat. However in the year 2010 Smt.A files a Divorce Petition against Sri.B in the Hon,ble Court of Prl.Judge, Family Court, Bangalore.During the pendency of the suit, Smt.A becomes successful in getting injunction against Sri.B whereby Sri.B is restrained from alienating the suit schedule property i.e. property purchased by raising loan from XYZ Bank.
Both the couples became defaulters in repayment of loan.
In the month of July, 2011 XYZ Bank issues notice u/s13(12)of SARFAESI Act,2002 R/w. rule 3 of the Security Interest (Enforcement)Rule,2002 and notice u/s13(4)of SARFAESI Act,2002in the month of November,2011 and there is no response from both the parties.
Now my question is:
1. Can the XYZ Bank proceed to take permission from the Magistrate U/s14 of the SARFAESI Act,to take possession of the Property.
2. Will the Injunction granted by the Hon'ble Prl.Judge, Family Court, Bangalore becomes a bar to take such permission from the Magistrate.
3.Obtaining such permission from the Magistrate becomes contempt of order passed by the Hon'ble Prl.Judge, Family Court, Bangalore.
4. How far the order of the Hon'ble Prl.Judge, Family Court, Bangalore is going to affect the interest of XYZ Bank.
5.Can the XYZ bank sell the property to recover its dues.

Please suggest me in this regard.


Anonymous   20 December 2011 at 13:42

Rti application

whether Abhyudaya Co Operative Bank Limited comes under rti? I want some information for the aforesaid bank can I make such application ?

Anonymous   20 December 2011 at 09:22

Metlife_insurance_policy_mis - selling

MY CASE :

I purchased a metlife policy that got sourced through Axis Bank. I mean to say that I went to the axis bank premises and they issued me a metlife policy. I interacted with two persons on that day , one was the metlife policy expert and second was the axis bank employe and what i asked them that i need a policy which would exempt me from tax benefit and i should be able to withdraw the money after three years. they made me sign all the documents which included ecs also. this was an annual premium of 70000 rs. i paid for two years making my money equal to 140000 inr. now two months back i got to know that the first premium is a an allocation charge and if i dare to withdraw my money after three years i would not get the first 70000 rs unless i continue this policy till 10 years. i have exchanged over 100 mails with axis bank and metlife people and metlife also tried to give me a 20 % compensation which i didn't accept. metlife people never made a welcome call to me describing the features at the start and they are counter attacking me that i have signed the documents. though they have admitted on phone that this was wrongly mis-selled to me and if i enquire about that metlife product expert , they simmply say that the guy has been transfeerde. I also told them that i don't want to continue this policy on mail too then after yesterday that is 19 dec 2011 they debited an amount of 70000 rs from my account though i argued with them and metlife returned the money back to my account.

I need your suggestion that how can i take my money back from metlfe. alsi when contacted with axis bank they also didn't give a satisfactory reply stating that i have to contact metlife people though this policy got siurced through axis bank. now how to make axis bank come in loop..

Due to above all reasons i am in a deep mental pain from both the parties ( metlife and axis bank )


Kindly advise

Anonymous   19 December 2011 at 18:21

Need advice

My marriage in 2004. my wife is advocate but bar council registration form fillup unmarried in 2009.

in this regards
I am sending letter to bar council of Uttar Pradesh, Allahabad trough R.T.I. Act for get form & affidavit xerox copy but bar counsel of Uttar Pradesh is not given till date.

what can I do.
and she take maintenance.

Poonam Garg   19 December 2011 at 17:12

138 ni act

Can anyone give a latest solid defence citation at appealate authority for cas under 138 ni act

Anonymous   19 December 2011 at 16:00

Got the court order case was disposed..but website status is different

I am nilesh J khot. I had criminal case that was disposed ..on 21-04-2011. My lawyer didnt tell that . i got the court order on 16-12-2011. that order said this case going into under limitation(Police files chargesheet after 2 yrs ) thats why its disposed by Chief Judicial Magistrate Kolhapur.


i already got the passport which is short validity passport i want to renew that one, should i submit the judgment copy in passport office?

what does it mean that case is disposed

And i am worried that court case is disposed in 21-04-2011? so why status not changed ?

It ok that i have only proof of court there no need to change website status ?

And most important that i cleared the case or not and my status will be nil?

Anonymous   19 December 2011 at 15:29

Rti help

Two RTI applications in NHPC ltd. were filed. Firstone in Sept 2011. Its reply was recd. on 28.10.2011. Some informations were not provided referring section 7(9) . I could not file first appeal as I have been tranferred due to this RTI.
Second application was filed in Oct 2011 and all informations denied referring section 7(9). The last date of this for first appeal was 14.12.2011 so I had sent the appeal to FAA on his e-mail Id. I had not sent any hard copy.
Now please tell me can I file complaint to CIC directly for the first application?
If appeal for second application which is sent electronically, is not accepted what sholud be done?

Anonymous   19 December 2011 at 14:43

Falt transfer to my father

Dear Sirs, i have need some legal help on my issue.
My father purchesed 2 flats in 1999 in same building in joint ownership with my uncle and aunty as we were staying in joint family, now we all have saprated , the agreement was made with builder is as under manner: 1 flat it was my Father and two aunties and 2nd flat in name of my uncle and my mother. at that timre payment was made from my fathers account. now they all dont claim any right to the property, but my father want to delete all other name leaving his and my mothers name in each agreement.can we make an affadvit and indenmity bond and transfer the share certificate in my perents name.if we do affadvit ,can i sell the property without their signatures. my uncle who was in agreement is dead.can we not make any new agreement and save money ? any option please suggest.

Anonymous   19 December 2011 at 14:35

Interest calculated by credit coop societyies in rajasthan

1. interest calculated on loan amount by credit coop society is flat or reducing.
2. the overdue interest is charged on EMI or principal or only interest part of EMI e.g. if EMI is 47777 where 27777 is principal and 20000 is interest, then OD interest should be calculated on 47777 or 27777 or on 20000.

Vikash Singhania   19 December 2011 at 14:22

Gift deed

Dear Sir
Please tell me Whether a gift deed can be notarized or not by the Registered notary?