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

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sree 9491505984   04 July 2013 at 14:30

Case- set exparty

Hi experts,
A case filed against us in Endowment tribunal that we have encroached a property of a Temple. But we have bought it from a seller and we have a sale deed to that effect and our name was included in local govt.records. we gave it to a local lawyer and we paid him fee. one day we have received a judgment from that tribunal saying that because of no representation from respondents ultimately case set ex-parte. accordingly judgment came against us. we shocked to see it. because we have paid to the lawyer substantial fee still why it gone to ex-parte that we don't know. now my question is do we have right to go for appeal on it? my doubt is having no representation in lower court can we pleed in superior court? Please reply me.

Sundram N   04 July 2013 at 13:02

Loan from individual to individual


Dear Sir,

kindly suggest that, on individual can give loan at a stipulated rate of interest to other individual.

This transaction is not violating the money laundering act and RBI licence act as the individual is giving and doing currency transaction without having any licence from govt.
This transaction is violating the provision of income tax act.

kindly suggest that individual can do the transcation of loan to earn interest.

Gautam Dongre   04 July 2013 at 12:58

Inrospection.



Hello to all the respected legal colleagues.





I was referred to this site by one of my colleagues a few days back. Before signing up here I observed this site silently for a few days. While initially I found this site to be a good platform for interaction amongst lawyers but later on it transpired that 99% of the posts here are in the from of questions asked by the litigants or prospective litigants and answered by the lawyers who are members of this site. In my humble opinion this amounts to free legal service which does not augur well for the legal profession. We graduate as lawyers, like other professionals, to make a livelihood out of legal practice. The attempt by the litigants and prospective litigants on this site to cull out free legal advice for themselves is worth deprecating. Is it not apposite that a person who is in the midst of a legal dispute should visit the chamber of a lawyer and seek legal advice by paying his consultancy fees just as he would pay the fees of a doctor should a medical emergency befall him. In the least, is it not incumbent that before giving such free online advice to those who claim to be financially incapable of spending on the fees of a lawyer the financial status of the querist should be ascertained by requiring him to provide his last salary slip.



I think there is a lot that some lawyers here need to introspect.



Warm Regards,

Advocate Gautam Dongre

a k pandey   04 July 2013 at 11:45

Rent of house

I have given my house on rent to the tenant with an agreement allowing him to do business activities in the premises, restricting him to do any illegal activity in the said premises as per agreement. I had also submitted the Police Verification Form as prescribed in the nearest Police Station. He has provided me photo-copy of his PAN Card, Voter ID-Card, Driving License, Residence Proof issued by R.I., S.D.M., Tahsildar.

He was doing booking for House-hold articles with a promise to provide the articles within 15 days from booking meanwhile Police has restricted him from doing business activities and now has kept him in Police Station and collected all his material and taken away from my house while I was out of station. House is not sealed by police.

I wanted to know what legal mistake has been done by me in giving my house on rent and what should be done to take charge of my house.

Arijit Poddar   04 July 2013 at 11:26

Victim of cruelty seeking remedy

Hi, My Wife left my place on pretext of staying at her place for 7 days on 06/05/12 and then never I filed for RCR on 05/16/12 after end number of requests in person at her place and telephonic in form of calls and texts. Hence she deserted without any justifiable cause. When I visited her her place she refused to come along as she demanded to stay separate from my parents which is not possible as I am a lone child. I was abused and thrown out on not agreeing to their demands.
Against the RCR they filed a false case u/s 498A on 19/06/12. I was in custody for 14 days and recieved a bail and was able to get anticipatory for my parents from High Court.Lately she filed for maintainace u/s 125, order is still pending.
In the mean time I being associated with Anti-Corruption Committee was able to get her father suspended on the grounds mentioned in the attached file. I have every document pertaining to the allegations and currently waiting for the final decision from IOCL.
Now I also have a exparte decree for the RCR that I filed and my wife bluntly refused to obey court's order. I filed for the execution though I do not have a knowledge of any property in her name.
In the mean time I am being harassed physically and mentally by my inlaws and a few associates and friends of my wife. I have already informed Police, DM, Hon. Home secretary(Central & State). Also her recent activities demonstrate every form of cruelty and adultry to some extent.
1)What are the steps that need to taken now?
2)I have a 2.5 year old child, how do I claim custody? I havent seen my son for more thean a year.
3)Am I liable to pay maintainance where desertion is establised?
4)What do I do if she refuses after execution?
5)What steps do I need to take after I get an acquittal in 498A which I am sure I will. will I still be liable for paying maintainance? As I am not willing to pay a single dime.
6)Is there any medical test which can be done to prove that she is not involved in any kind of adultry?

ratna   04 July 2013 at 00:24

Sale by igpa

Hi,

Person X has given IGPA to Person Y in 1980s and Person Y is staying in the respective premises since then. Person Y sold the property to Person Z in the year 2007.
Person X went missing in 1990s itself and a case has been logged by his descendants.
In the year 2009, Person Ys died.
After that, Person Xs son has filed a case stating that IGPA is not valid as Person Xs and Person Y are dead in the year 2010.
Is this valid? Can i win the case?

kumar   03 July 2013 at 22:48

Which is better title

Hi all,


(1)Getting property through lokadalath award
(2)Getting property through registered deed(say partition,gift,will..etc)

Which property will have the better title in the above ....so that one cannot disturb the property title in the future???

Thank you ....

pushpakrishna   03 July 2013 at 21:47

Missing of documents in court

Dear Experts,
I filed a case on behalf of the plaintiff and the same was decreed as defendant did not turn up to the court when the case was called on various dates.and Ex-bits marked as P1 to P9 on behalf the plaintiff. later the defendant filed set aside petition and the same also dismissed by the court as many adjournments given.the defendant filed an appeal in the Dist.court and allowed sent the lower court for evidence of the both the parties.Plaintiff filed chief affidavit filed and posted for cross examination.at that stage the marked documents are not traceable in the court file as the court order to mark again.the fault is court staff.kindly advice what to do.court is going on giving dates to search them.any alternative for this sir.Thanq.

sujeet patil   03 July 2013 at 20:49

Minor filed suit for partition maternal grand father as guardian

Sir,
My children (guardian my wife father)has filed suit for partition against me and my parents. My wife is no more.So, whether it is valid as natural guardian me is alive.

preeti   03 July 2013 at 19:20

Property issue

respected wise people

my uncle had 1 son and three daughters. he had 60 acre of land which was ancestral he died leaving 1 son and daughters
three daughters file a case on son for partition. its already 4 years passed still case is under process

son is now agreed to give 27 acres to all mean 9 acre for each daughters

but the issue is that one daughter is agreed and other two are willing to fight more.

can the one daughter take her share and with draw the case from her side as she needs money so she cant fight any more

what can be done.?

if we talk to other two daughter and son and say that , give cousin sister her 9 acre and the two sister and brother let them fight.? can my cousin can with draw case on her own .i mean to remove name from case that she has agreed to compramise. if all are ready to give her share of 9 acre