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

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surjit singh   02 August 2013 at 08:53

Marking of documents as exhibits

The plaintiff adduced witnesses and during the deposition of witnesses the plaintiff produced various documents. Now the deposition of witnesses from the side of the plaintiff has been closed and the defendant is yet to start deposition of its witnesses.
Due to inadvertence the documents were not marked as Exhibits during the deposition of witnesses from the plaintiff side. (i.e. registered sale deeds, mutation order of Circle Officer, Revenue payment receipts)
In this respect I am to say that there are various judgement of Apex Court which says the marking of documents as exhibits is only for convenience of the court. Just marking of Exhibits by the court does not dispense it from proving the documents.

Now if during the cross examination of the defendant's witnesses the plaintiff counsel can ask for marking of the plaintiff documents, whether it will affect the case of the plaintiff.

Advocate.S.A.Siddiq   02 August 2013 at 08:07

Guardianship - by fraud

petitioner obtained exparte guardianship order by fraud with false evidence. now respondent filed restoration or guardianship petition , resp. want to mark the deposition of perivious case as a document , is it possible .. any citation pl... guide me . thanks to all

Nitin Vaghani   02 August 2013 at 05:50

Society agm agenda & minutes

Dear Sirs,

In our CHS at Mumbai, the secretary has given a notice (agenda) for the AGM along with the statement of accounts. Agenda contains 4 items including approval of accounts. Agenda does not have any item regarding the extra collection funds from the members of the society. Even then, the secretary has taken this matter for discussion and propose to collect a total sum of Rs.11 lacs from 53 members of the society. As few members were present at the meeting, the secretary, without much efforts, declared the resolution as passed and included the same in the minutes of the meeting. Hence, he has forced every member to pay Rs.20000/- in a single installment and included this amount in the maintenance bills, even though this item was not on the agenda of the meeting.

Can I take any action in the matter? If yes, under which act of MCS Act 1960?

Your reply will be highly appreciated.

Vikram   02 August 2013 at 05:25

Property in india

I live in Canada. I re-married in Canada. I acquired property in Greater Noida, in India just few weeks before my remarriage. I want to find out if my second or recent wife can claim that property which I have in India? I don't want that to happen, because I have kids from my first wife and I want that house to go to my children.

rahul   01 August 2013 at 23:30

Complaint

how can i make complaint of a govt employee whose assets are more than income..

what is the process?
where to complaint?
how to complaint?
do the body whom i complaint would take any action?
is there any threat that my name would be disclosed?
plz answer.

Yashodhan Sharma   01 August 2013 at 20:02

Agricultural land owner's status

Dear Sir/Madam
Grandfather had family inherited agricultural land in haryana. It was given for cultivation to his uncle's son. Grandfather was doctor & came to mumbai and resided there. that uncle never gave any compensation of cultivation.

Grandfather died in 1979. Father went there but they scared him. Now in 2007 father also expired. All legal heirs were then listed in jamabandi. My 6 aunt's & my 3 sisters names were also included. Now when one aunt relinquished her right in other sisters favour, the cultivator filed declaration & injunction suit in hisar civil court. cultivating Possession is with them.

Some important points :
under order 39 Rule 1 & 2 read with section 151 CPC
section 5 & 8 of punjab tenancy act & punjab occupancy act (Vesting of proprietory right) 1953

punjab occupancy tenant act (Vesting of proprietory right) 1952

value of suit for purposes of court fees & jurisdiction is fixed Rs.200/- & court fees Rs.50/- is affixed on plain t.

declaration suit pending under Shri arvind kumarji bansal, civil judge, hisar for 2-8-2013 for occupancy rights

party had also complained to SPO that my alive aunt is dead by producing fake certificate from Panda from Haridwar whereas my aunt is alive.

What should we do ?

Thanks
Yashodhan sharma

Anil S. Gahlaut   01 August 2013 at 18:18

Case pending

case-
1-dealer finance the car to A on recommondation of B after Financial veri fication of A's document,of agent of xxxx bank.
2-car has been handover to A.
3- paper were also sent to RTO.
4-after few days bank denied to give finance on that paper
5 Dealer file case against A and B U/s 420 and others.
6- by court order, dealer took possesion of car.
7- now he want to sell the car but RC is in name of A. and without settele ment of case he cant do that.
8- high court orderd to trial cour for solve the case without delay but 1 year has been passed.
9- case is pending by 7 year and dealer is in financial loss /yearly insurance/maintinance/ cost etc
10- is there any remedy .............. or proceeding that he can sell car or compenseson

we are with dealer

pushpakrishna   01 August 2013 at 17:33

Agreement of sale

dear experts,
I am for the plaintiff and filed a suit for specific performance against the defendant on the basis of agreement of sale.but defendant admitted that on a blank document he signed but not admitted the agreement of sale but he is saying only for the purpose borrowing money he has signed. who is the ex cuter no more and heirs also saying the same.for the plaintiff one witness and scribe is there but at present they are not available for giving the evidence on behalf the plaintiff.agreement of sale on the Rs.100/-non judicial stamp paper.kindly advice on this with a suitable citation if if it is convenient for you.Thanq experts

subramanya   01 August 2013 at 13:41

Caste correction : - caste declaration

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

Sir My self is Subramanya from Karnataka and my family consisting of 7 members, i am the elder son and I have 3 brothers and 1 sister.

We are belonging to uppara caste and my father and mother both are illytrete , and my father knows litle much kannada reading and writing.
At The time of joining me to school , my father admitted to me to 1st standard with correct caste of Uppara and after completing of 1st standard, I had been shifted to another school for 2nd standard and caste name have been changed to Kuruba on the guidance of his illitrate freinds from the native town.

There after all my brothers and sisters had been admitted to schools with the caste name "Kuruba"

And last my brother is Now studying in 7th standard and his school TC Carrying correct Caste "UPPARA"

Now we are all completed education from regular course and through coresspondence cource under GENERAL MERIT and we all have not claimed "KURUBA" caste benifit any where and no one in our family is governament employee.

Now I wish to apply for correction of caste in School TC of myself and my brothers and sisters.

We all have received the CASTE CERTIFICATE in our original caste UPPARA Caste name from our local Tahasildar and I made CPC notice to schools & education boards & offices. And it has crossed 6 months from the date of notice served and I have not received any reply from them and one notice of one school was returned from school due to midterm vacation of school.

Please suggest me shall I re-post the notice to them and we are having our Uppara Caste certificate from Tahasildar in the name of my father and father's brothers(Uncles) and myself and my all brothers.

Can I apply for the court for our caste Declaration from our available certificates and with our actual reason of mistakes happened at the initial stage of wrong entry of Caste name in school register.

I am expecting your valuable suggestion and guidance.

Yours faithfully,
Subramanya