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

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vinay khanna   18 July 2013 at 13:05

Huf

Long time back my father self acquired property was converted to huf by him in income tax for income tax purpose only.In land & developmentoffice,NewDelhi,mcd.
electricity and water were in his individual name.In Land and develop too he did not convert it to huf.In income tax now I show it in my individual name.Since in land and development is in my individual name and not in huf.Now is this huf or individual asset.

simran singh   18 July 2013 at 12:48

Case laws

hey cn u suggest me some judgments where the suit has been rejected for the inadequate court fee paid. thanks!!

abhimanyu   18 July 2013 at 11:28

Originals

In a civil case, where proceedings have been decided to be held ex-parte, plaintiff earlier submitted photocopies of certain documents, originals of which are with the defendant. Now, how plaintiff should prove genuineness of such photocopies in EVIDENCE WITHOUT LOSS OF TIME as defendant is not appearing and otherwise also can always deny of having originals with him if forced to produce.

Experts may guide please.

SANJAY   18 July 2013 at 11:14

Notice to respondents by dasti service

I AM GOING TO HANDOVER NOTICE PERSONALLY MY UNDERSTANDING IS AS UNDER

I HAVE TO DELIVER DASTI NOTICE TO RESPONDENTS ADDRESS BY HAND AND TAKE ACKNOWLEDGEMENT IF THEY REFUSES TO TAKE NOTICE OR THEY TAKE NOTICE BUT REFUSE TO GIVE ACKNOWLEDGEMENT THAT I HAVE TO MENTION THIS IN MY AFFIDAVITE WHICH I HAVE TO SUBMIT
AND I CAN ALSO DELIVER NOTICE COPY BY HAND TO HIS WORK PLACE AND TAKE ACKNOWLEGMENT FROM INWARD DEPARTMENT

PLEASE CORRECT IF I WRONG AND ADVICE
THANKS
REGARDS
SANJAY KULKARNI
9823269077

Paras Sarwaiya   18 July 2013 at 10:38

80cpc

I am an Central Government servant i received on legal notice under section 80 CPC which relates to State Government not to Central Government. what should be next step. we have to reply advocate who send a legal notice or court etc.

visalatchi   18 July 2013 at 09:12

How to get permission to make pipeline for agriculture purpose

Hello All,

We have a problem in getting a pipeline permission from our neighbor's land.
to carry water for agriculture purpose.

Our stand is that we are demanding that the permission document which is agreed by both parties should be registered in registration office.

But their stand is that they are agreeing to write in rs.20 stamp paper & keep with you & you make pipeline.
They are saying in future if we are going with registration way we might ask ownership for the land (3 feet) where the pipe is dumped. so they are not agreeing for registration.

We want these 2 lines in the agreement document.
"Mr.YYYYY has right to put his pipeline in our land with survey no from west to south after 3 feet height and incase if any repair he is allowed to do repair. Above 3 feet he does not have any right for the land 7 it belongs to the land owners only."

So this is the our demand of getting permission & registering it. so we can manage in future incase any problem.

Experts Please guide me
Which way is the best way to get proper permission.
Incase If am going in their way of Rs.20 stamp paper permission will it serve in case problems ?
Court will agree ?

Advance Thanks.

basavaraj shiromani   17 July 2013 at 21:08

Partition

Joti filed a suit for partition and separate possession against one Siddappa and his brother Shankar as the properties alledgely belongs to her grand father who is the father of Siddappa and Shankareppa. Siddappa denies her daughter status with him as she is not his daughter by filing WS and he claims that he is bachelor. Both brothers residing together and constitute joint family. Joti in support of her status she has got only school transper certificate and birth certificate. But in both certificates her date of birth is different and place of birth is different. In one way she says that according to transfer certificate her date of birth is correct and in another time as per her birth certificate her date is correct.

My question whether Joti without independently establishing her status can claim partition. How she can prove her genealogy in a partition suit ?

Both brothers are living together without partition.

Her mother name is mentioned as Neelawwa in her birth certificate but no whispering regarding her mother in a plaint itself.

what will be the condition of the suit filed by Joti whether she is entitle

Kumar   17 July 2013 at 20:53

Girl blackmailing me

One girl whom I thought my friend turned blackmailer and torturer of my life.

This girl loved me...but I was not in the situation to love anyone due to my family problems and im unemployed(searching job).
I was close with her but never in love matters..

but this girl doesnt understand even though I told everything in detail, tht i if marry now..bot will be in trouble, I cant think about marriage till 2 years, she is not listening, she started to curse my family and send irritating messages and calls, she is blackmailing me saying that she will commit suicide and tell my name as reason.

I am seriously in trouble I have my own problems and trying hard to deal with it.

I don't want my family members to know about this. How to stop her from blackmailing me? whom should I contact to solve this?
She said she will destroy me and my name.

she is capable of doing such acts ...that know of girl she is.

Kindly let me know as soon as possible.

tej   17 July 2013 at 19:05

Whether withdrawl of deposited money against decree


dear experts
the trial court has passed the decree and judgement in civil suit in my favor.
the opponent filed first appeal against impugned decree and judgement and applied to stay decree and proceeding Hon.court ordered to deposit principal amount as security to stay.the opponent appellant has deposited the amount accordingly in trial court and same is invested in interest earning bank deposit . Now the appellant court has passed the judgement and has confirmed the decree of trial court .and in judgement itself allowed liberty to original plaintiff for withdrawal of deposited principal amount of decree deposited earlier as per order for granting the stay.
org.plaintiff applied for withdrawl but trial court has asked to furnish 1.affidavit stating no appeal is pending against order of first appellant court2. indemnity bond 3.security
org. plaintiff in due period filed second appeal against judgement and order of first appellant court for not various grounds 1 to 30 but hon'ble court dismissed the second appeal without determining all 1 to 30 grounds
my query is
1.whether i should prefer slp against judgement /order in second appeal for not considering/ determining all 1 to 30 grounds.and only on basis of considering only 1 ground
2. can i withdraw deposited money in trial court as already explained above will have any harm to my rights to challenge the judgement and orders in second appeal
3. whether i will need to apply freshly for withdrawl of deposited partial decreetal amount
thanks in advance
tej

a k pandey   17 July 2013 at 18:50

House rent agreement

Can this point be included in House Rent Agreement:

In case of any illegal activities being performed by the tenant or any action taken by police on the tenant and/or leased premises lying vacant without any information to the landlord, this agreement will get terminated on its own and the landlord will be free to get evacuated and take possession of the building (leased premises) from the tenant without prior notice.