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

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surjit singh   03 August 2013 at 07:39

Order 18 rule 3a

In a civil case the plaintiff in the case deposed as witness after two of the plaintiff witness has already deposed and cross examined by the defendant side. Order 18 Rule 3A says that the parties to the suit shall appear first before other witness, and if the parties wants to depose latter he should take leave of the court stating the reasons for deposing at the later stage.

In the present case the defendant did not objected to it and neither the court objected to the deposition of the petitioner as witness.

My query is whether the deposition of two witnesses made before the deposition of the plaintiff will be accepted as a valid witnesses or the witnesses made before the deposition of plaintiff will be counted.

deepak.gg   03 August 2013 at 07:25

1 st class executive magistrate

sir, i am selected as junoir engineer in railways. As a part of joining formalities
i was given character certificate . ther are two part in that certificate . one part can be attested by any gazetted officer. in other part they have mention as " To be attested by stipendiary 1 st class executive magistrate or sub - divisional magistrate".
my question is we want to get attested by court magistrate or collector or sub collecter

Sunlawseeker   02 August 2013 at 20:22

Rcop out of court settlement

Dear Adgocates!

In a RCOP matter we are for respondent side. We are going to pay cash for settlement to the petitioner.

Pls help me by giving format of memo if any.

Thanking you

Regards,
V.Sundaresan

Manoj Pamul   02 August 2013 at 18:56

Conditional withdrawal of suit

Dear Experts, Pls guide me on below mentioned query.
Facts - In a Civil Miscellaneous Application which is filed by the tenant against landlord and prayed to direct the landlord for making repairs and also prayed for injunction not to obstruct while repair activity is carried out. In this Miscellaneous Application the Applicant i.e. tenant has applied for temporary injunction not to obstruct while carrying out some minor repairs. However, after hearing both sides the court has rejected the application for temporary injunction. The landlord had pleaded that already the municipal commission has twice issued notice to demolish the whole building as it is very old and also dangerous for public. This pleas was considered by the court in the interim order and also mentioned that whether the building or rooms which are in possession of tenant are repairable or not, it can be seen and decided after recording the evidences only. Thereafter all of a sudden he started construction and repairs even though no permission was given by court and then the landlord who was a opponent in the case, has filed an application for seeking direction against the tenant not to make any repairs or construction and accordingly the court has directed the tenant i.e. applicant not to make any repairs or construction or demolition till further order. Thereafter all of a sudden the tenant i.e. Applicant has filed a memo stating, he does not want to continue the proceeding and hence be disposed off. Now I argued and filed say stating that the applicant may be allowed to withdraw the proceeding subject to confirm the order passed by the court because when already some rights have arisen in favour of opponent i.e. landlord at then the order passed by the court against applicant not to make any repairs etc be confirmed till he gets permission by following due process of law.
Query - 1)Whether the Applicant can withdraw the application, where some rights have arisen in favour of opponent?
2) Whether court can confirm the interim order till he gets permission for repairs etc. by following due process of law?
Pls give me authorities in this regard, if any.
Thank You!

souren ghosh   02 August 2013 at 17:16

My wife's departure and demand

My wife has departed along with my daughter from my house 5 months back. my earnest efforts of reconcilliation from all sources failed. last one and half month i came to know that she is having affair with a person which obviously i can not prove to the court. she is not allowing to see my daughter. i can only speak to my daughter. Apart from law, on responsibilty ground last five months i am sending rs 8000/- and the school fees of rs 2500/- per month to her. Now she is demanding more. Till now she has not filed any case against me. My take home salary is rs 55000/- out of which my home loan is rs 18000/- and car loan is rs 7000/-. Expences for my parents is 5000/-. If she goes legal should i have to pay her more than rs 10500/- which i am giving now. what is the rule for crpc125 for calculating maintenance. if i am unable to give what should be the outcome.

icy   02 August 2013 at 15:18

Tenant is not renewing rental agreement

Hello Sir/Madam
My friends father has rented his premises for rent and rental agreement was made on 2004 and premises is rented for residence. after some day brother of tenant has started party office in that rented premises, when the landlord asked about it he said he will renewal agreement but till now he has not renewal agreement. And he is making some structural changes. Now my question is:
1. what should be done to renewal agreement by tenant.
2. Can my friends father can file eviction suit on ground of subletting
3. What should be immediate process to stop structural alteration or for renewing rental agreement.
Kindly suggest powerful solution thank you

Vaseem Mustafa   02 August 2013 at 14:52

R t i application

Sir,
My divorced wife (to whom i divorced as per Muslim Personal Law as both are Muslims) filed 498A&406 which is under trial in court were she has given the list of Golden Ornaments without any receipt which is of value of Rs 25 Lacs.As she is a Government employ I have sought information under RTI to her department & sought information regarding "Salary Drawl Statement from date of joining till date alongwith the bank acc No on which the salary is transferred, GP fund subscription, ,Photostat of tax deduction claim certificates."
Can department provide me such information & her immediate boss said this is personal & does not come under the RTI act.Please clarify

Sushil Kapoor   02 August 2013 at 14:48

Free legal advice

What is the scope and magnitude of the "free legal advice" given by the respected lawyers here? Being a practicing lawyer myself, I am at a loss to understand as to what my ld.colleagues are trying to achieve by rolling out free legal consultations to people here. I am surprised to see that not only are the lawyers giving free and lengthy legal consultancy to the querists but also providing free documents to people who can well afford a lawyer. On one such query a lawyer has provided a free will to a querist who then got it registered by changing the name at the requisite places. The qualification of the querist mentioned on his profile manifested that he could afford having the services of multiple lawyers. Is such an insanely stupid act not harmful to the legal profession as a whole? This querist could have gone to a lawyer and got the will made by paying his fees. No professional does this. I am yet to come across a single doctor,CA or other professional who gives such free services. At the end of the day we the lawyers will be the only losers if this continues.

subramanya   02 August 2013 at 12:20

Caste correction : - caste declaration

Sir we all completed our education in general quota and we did'nt used any govt scheme.

And also no one in our family have governement post.

Just I want to be corrected the documents like school TC.

Just TC can prove the caste name? o.k. if it has wrong caste name, then can't it be corrected?.Is there no any such a procedures to claim the justice?

SIR I AM VERY MUCH EXPECTING GUIDELINES FROM YOU ALL RESPECTED ADVICERS AND EXPERTS.

prakash   02 August 2013 at 09:03

Sale or purchase of property through notarised power of attorney.

Sir,
Can I purchase or sale any property through the power of attorney which is notarised or it must be registered with the sub registrar.
Please advice.