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

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AK New Delhi   10 May 2013 at 14:37

Probate

Sir,

My aunt living in delhi recently lost her husband and is blessed with two married daughters. The daughters have relinquished their rights in favour of their mother.

The Husband owned a flat in south delhi for which the probate was granted by a delhi court in favour of the aunt as per his will.

Accordingly a surety of a sum of Rs 50 lacs had been demanded by the court for a period of one year.

I have a few questions,

1. Does the surety have to be from delhi only or he can be from outside delhi?

2. What will be the criteria for admitting the surety? Does he need to give income proof or the assets proof etc.

3. In case if a property is given as surety by a person, will the court keep the original papers of the property or it will just endorse on the papers. or none of the above?

4. After one year how will the surety withdraw his surety from the court?

5. Can a FD be given as surety by the aunt?

doc_sandeep   10 May 2013 at 11:49

Seizing of the vehicle

i bought a vehicle from one of the person from nagpur, He bought that bike on HDFC Hp-lease but at the time of selling he told me that he has cleared loan on the bike. But after 4 month from buying it from him, he called me an told that i have to pay 17000 to the bank to clear loan otherwise bike will be siezed by the bank.

When i bought a bike we had an agreement on 100Rs stamp paper stating if anything happens in future related to the finance or bank issue regarding loan, he (first owner ) will take the responsibility of it. He ll be the only person for bank issues. now he is saying he won't pay to the bank.

Please guide me on this issue, will agriment on 100rs stamp paper be sufficient to clear this issue? I need Noc to transfer bike on my name...

venu   09 May 2013 at 22:36

Pension

I am a retired government employee & drawing pension from Maharashtra pension office.

My son was working for ba private firm at hyderabad & he died before 10 years & he was eligible for pension from state provident fund.

I am getting that pension alsa.

Hence I am getting my pension,am i eligible to take my son's pension.

if it is a crime I would immediately stop that.

Regards.
Venugopal.

lalhriatpuia   09 May 2013 at 20:02

Limitation

can you explain the meaning of CONTINUOUS RUNNING OF TIME in limitation Act.

Advocate@Law Field   09 May 2013 at 16:47

General queries

I want to know about few points of legal matters which as follows>>
1) In Some Civil/Criminal matters State should be formal party. Why so?
2) In every Order passed by HC the word P.C. is used. What does it mean?
3) What does it mean by "substantial question of law"?

Thanks In advance....

Janhavi Mantri   09 May 2013 at 15:37

Co-operative housing society/double game

I am a member of co-operative housing society. They have called for a meeting to adopt new model bye-laws for our society and all the members give their consent to do so. The last date to submit the application to registrar was 30th April.

Now when I ask them they say that Registrar is not accepting their application hence I went to Registrar office in Malhotra House and he says that your society has not given any application yet hence there is no question of rejecting the same moreover he says thre is no reason why I would reject. If they bring the application I would immediately accept.

My question is why is our Managing Committee is playing double game? What can I do to bring the truth out?

Regards,

Janhavi

Vishwanath   09 May 2013 at 14:56

Coverage of rti

Dear All,
Are the private general Insurance Companies covered by RTI or that one has to apply to the IRDA to obtain the database of the total loss vehicles for a given Insurance Company.Kindly Advise.

Ashok Kuvadia   09 May 2013 at 13:49

Law is violated on sending telegram to judge ?

IS ANY LAW OF THE LAND IS VIOLATED IN CONVEYING INFORMATION TO CO-OPERATIVE COURT JUDGE THROUGH TELEGRAM ?

Dear Experts,

(01) I have filed the Dispute in Co-operative Court, Mumbai. APPEARING IN PERSON. Totally we are four Disputants. Myself is Disputant No.1. No.2, 3 & 4 are my brother and sisters respectively. I am only the person amongst us acquainted with matter.

(02) I am suffering from Cardiac Problem due to stress and Doctors have advised me rest and not to take mental stress.

(03) Even though I compel to go to Court, because of some noting of Court, with my Sister Disputant no.3 on 24.04.2013. My condition deteriorated in Court (Started sweating, uneasiness in chest, B.P.- 200/120, Heart beat 140 per minutes) and due to same we had to leave Court immediately before our matter reach on board. Because of my condition we could not file application for leaving Court on same day.

(04) On next day i.e. on 25.04 Disputant no.3 my Sister went to the Court to submit application and to inform the reason about leaving Court. She sits there for about 3/4 hours, tried to draw attention of judge by request but he did not even look at her and lastly discharge board for the day without attending my Sister.

(05) Immediately on that day after Court discharged, she went to City Telegraph Office and send telegram of that application to Judge which we intend to file in Court.

(06) Likewise we made one more telegram to Judge which is adjournment application as per advice given to me by Doctor. Mentioning that due to some reason if we could not remain present in Court on date of matter then application sent through telegram may be taken on board.

(07) On the date of matter when my Sister Disputant no.3 appeared in Court. The Judge warn her orally not to send any telegram in future, otherwise he will send a notice to her. Warning given orally only.

(08) In our both the Telegram the reason for sending has been clearly mentioned. Both applications are humble & polite. No undiplomatic, unlawful languages used.

(09) I am a common man fighting for justice against a very rich builder.

My Query :-

(a) If Judge is not attending to us, then can we not send telegram to him to bring things on record ? Because otherwise things will never come on record.

(b) Have we made any breaches of law of the land in sending telegram to Judge ?

(c) What sort of notice can the Judge sent to us and what type of actions can he take against us, if we send him telegram in future ?

(d) Is there any provisions of law specifically by which we can bring the things on the record of the Court by sending telegram ?

(e) I am a common man fighting for justice against a very rich builder, could this be the reason for all such things ?

Thanking all in anticipation.

Ashok.



Jitesh   09 May 2013 at 03:32

Sc certificate

I am a resident of delhi but my father's sc certificate was issued from haryana and he migrated from there to delhi in the early eighties. I had applied for a sc certificate in delhi but it got rejected on the ground that no response was received from haryana in the stipulated time. All my documents were complete and duly attested. I'm not sure if it will get accepted if I apply again as verification on part of the authorities is not in my hand. Please guide me in this matter.
Also is it possible that I can appy for an sc certificate in haryana itself or not.(PLEASE NOTE that I have spent all my life in delhi only)

Simmi   08 May 2013 at 21:47

Lower courts

Do lower courts, criminal courts remain close during summer vacation?
Do they have same for winter and monsoon?