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

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adv.amarbabu   06 July 2013 at 13:32

Limitation

(X)Grandson aged about 27 years old filing suit for partition against his uncles and others. The grandson who is the son of the deceased daughter. The Grand father died in the year 1991. The Mother of the X died in the year 1986 itself. Whether the defendants (uncles) can make the issue of limitation, that the X has attained the age of major and the suit filed belately after lapse of 6 years from the date of major. Whether the same be sustainable. Since the X is Coming under the Class I heir Please clariry.

Anupam Dash   06 July 2013 at 10:14

Application under section 151 cpc to maintain status quo

My client's case is that he had filed a suit against the collector not to ouster him from the suit land along with an application under O. 39 R. 1 CPC. Summons were issued by the court to the defendant. Before the defendant made appearance, he demolished my client's house situated on the suit land and started construction of a pucca house. Under these circumstances, my client filed an application under S. 151 CPC for maintaining status quo. The lower court dismissed this application under s. 151 CPC saying that application under S. 151 CPC is not maintainable when application under O. 39 R. 1 is still pending. Against this order we have come to the High Court filing a writ. Can you please cite a decision preferably of the Supreme Court which says that application under Section 151 CPC is maintainable even when application under O. 39 R. 1 is still pending disposal?

mala   06 July 2013 at 09:49

Eviction of govt accommodation

SIR

A Govt employee is dismissed from service by the competent authority and subsequently he files an appeal with the REVISIONARY AUTHORITY OR THE APPELLATE AUTHORITY AND THIS APPEAL IS PENDING.
IN SUCH CIRCUMSTANCES

WHETHER THE AUTHORITY CAN EVICT THE EMPLOYEE FROM THE GOVT ACCOMMODATION UNTIL AND UNLESS THE APPEAL FILED BY HIM IS HEARD AND DISPOSED OFF
IS THERE ANY REMEDY AVAILABLE AS PER LAW

YOUR GUIDANCE AND REPLY IS GRACIOUSLY REQUIRED

Gaj   06 July 2013 at 05:17

Regarding who have rights on property

Hi..
A male person saravan was born on 1950, his father is senthil , his mother is meenshi but his mother was wife of senthil's brother. Senthil's wife is kanaga and they have a daughter. Saravanan have proof for the son of senthil like passport,voterid, driving license.

Now who have property rights?

Thank you..

kumar   05 July 2013 at 22:53

Difference

Hi all,

Is there any difference between FAMILY SETTLEMENT and FAMILY ARRANGEMENT???

Thank you all...

Vijay Singh   05 July 2013 at 20:31

Wrong interest charged by bank

Hi Frnds!
I had taken a home loan from Indiabulls, now I transfer it with HDFC and I paid all dues by DD & Chque.
Now my query is if I close my account on 11-06-2013 and paid all dues by D & Cheque on same day I mean on 11-06-2013 but Bank charged me interest till 14-06-2013, they toled me that it credit in our account after 3 days only so you have to pay interest till 14-06-2013.
When I asked them u start counting the interest from the day one when u disburse the loan not from its cheque clearing date then why should I have to pay 3 days extra interest they toled me its our policy.
Now I want to know that the
1. Is Indiabulls legally right?
2. If no then where I can suit file against not following fair practice and improper service. In consumer court, civil court or RBI

Adv M.D.Azhar   05 July 2013 at 18:53

Injunction on basis of possession

sir we haveone client who is not the owner,but he is in possession for last 25 years so we have filed a suit for decleration and interim injunction. when we filed a suit than original owner try to disposses the plaintiff and so that cross complained lodged by eachother. now my query is that plaintiff has the possessiom of immvoble property for which he has filed suit against the defendant. now to prove possession he has not revenue record but he is the payee of tax of land and surpanch has also given the certy that he has been in possession for last 25 years so is he entitled for interim relief if there is any judgments in facour of the plaintiff than suggest me.

Babu   05 July 2013 at 17:50

Probate - will execution

my uncle wrote a will favoring me, now his no more, as per his will deed his property transfer to me, now what i need to do, how to deal with this?

Dharmaraj   05 July 2013 at 17:40

Notary

Dear All,

A claim petition need to be submitted to liquidators, the information from the liquidators states :-
"On Petition Rs. 5/- Court fees to be put up with Rs. 10/- Notorial Stamp",
What is the meaning of this?
Kindly advice

Vinod Shah   05 July 2013 at 16:19

Over draft & npa

Hi,

My uncle had a property worth of Rs.72 Lakhs. He had taken over draft worth Rs. 30L, but had many defaults. He seeked help of high court to extend the time. He could pay only part of it. Bank aucioned his property for 54 Lakhs and balance is paid to him.

The problem is there was only 1 bidder and the property is not yet regisered in the name of bidder. Bank is claiming the sale is conducted.

Uncle has approached DRT as the bank has charged him heavy interested rate (21% for over draft) and also the legal expenses were claimed to be 4.5 Lakhs by the bank which was deducted after the sale of property. So he got only petty amount after sale was conducted.Can DRT help in getting his property back and also get back any extra amount charged by bank?

Please let me know.

Thanks,
Vinod