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

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Piyush Vaishnava   23 April 2013 at 22:43

Guardianship

That a widow was filed a FIR against her in laws and family for cruelty due to her illicit relation is known by family member, after that all accused of 498A file a separate application in family court for grant of guardianship of teenager 2 girl child of complainant widow, and matter was heard in court and after personal meeting with both girls court grant interim guardianship to applicant (Accused),
that how the applicant demand partition of property in favor of both minor against her mother?

Ramesh Thakur   23 April 2013 at 22:12

Name change

I have recently changed (actually 'corrected') my name from Ramesh Kumar to Ramesh Thakur, but the name change process is still incomplete as I haven't published this change in Gazette.
I've prepared an affidavit on Rs. 10 stamp paper from my domicile and got it attested from Executive Magistrate. I've also placed advertisement in two regional newspapers (Indian Express & Dainik Jagran) for change in my name.

I am not able to get my main Identity Proofs (PAN Card , Name in Bank Account, Passport) changed with affidavit and newspaper advertisement.
I am a domicile of Himachal Pradesh (Shimla), but currently residing and working in Mumbai. With this background, I seek clarification to following queries:

1) Am I eligible to publish my name change in Gazette of Maharashtra ? If yes,
a) What are the supporting documents needed along with the gazette form?
b) Will this publication in Gazette of Maharashtra be accepted by all Government & Non-Government Organisations?

2) Can I publish my Name Change in Gazette of Himachal Pradesh from Mumbai? If yes, how?

3) Is there any other mean by which I can publish my name change in gazette of Indian Government?

Request expert's advice.


Mugundhan   23 April 2013 at 19:31

Civil death

a person had gone missing in 1982 itself. But there was no police complaint or fir. Now whether his legal heirs can file a suit for declaration of civil death? Is Police complaint compulsory?

Jaganath Wala   23 April 2013 at 18:24

Statute of limitations

Dear All Experts,

Please guide me as to what is the Statute of Limitation for recovery of maintenance charges from a member of cooperative society in Mumbai and also the procedure to do so.

Thanks in advance.

vikram patil   23 April 2013 at 17:50

Information

i want inforation of suit
what is summary suit and how it is file in court

praveen   23 April 2013 at 17:15

Land donated for educational purpose

please enlighten me that our family have donated land for eductional purpose under registered deed to the registered society . land mafia is adamant to grab and change the mature of property to religeous nature and want to sale.
1. can anybody change the nature of land donated for purpose (donor is alive).
2. can anybody or even the society/trust can change or sale the land.

Subroto   23 April 2013 at 15:37

Legal value of unnotarised agreement

Sir, in 1990, My grandfather (now deceased) had an agreement with a person X (now deceased) on a Rs.3 Stamp Paper at the back of which is also hand written the name of the person who purchased the stamp paper from the vendor. The agreement on that stamp paper is not notarised but there are signatures of my granfather, person X and a witness and these three persons are deceased now.
I want to know the legal value and acceptance of such a document as an evidence in the court of law. Our lawyer says that such an untoraised agreement has no value now. Is it really so? Can't it be treated as a Contract between the two parties?

The main clauses in that agreement are as follows:
1) That my grandfather has given his one 120 sq. yard house to that person X only for his & his family's personal accomodation.
2) That my grandfather has been given Rs.10000 by that person X and the Rent of that house AND the interest on Rs.10000 given by that person X shall be equal.
3) That if the Person X ever constructs anything extra in or over the house then my grandfather would also be bound to give that extra money on construction + Rs.10000 if that person ever decides to leave that house.
4) That the person X can live in that house as long as he desires and my grandfather would not evict him.
The witness to this agreement has also passed away.
Now the main thing is that the property has run into dispute and the step-son (not legally adopted) of the person X is claiming this property to be his ancestral one in the court without anywhere mentioning the name of the person X where as the legal heir of person X has given us the affidavit of handing over the posession to us which is notarised.

VARUN MAHAJAN   23 April 2013 at 14:54

Consumer complaint

How to file a consumer comlaint against a person who is engaged in the business of making FOOD & as well as Making of Sweets which is not good for consumtion as well as he is a big name of the city.

Amit   23 April 2013 at 09:56

Order 7 rule 11

I am the defendant. I have posession and the flat is in my name.

The plaintiff claims to have purchased the same 10 days before my agreement got registeredHis agreement is on a 100 rs stamp paper and is unnotorised.In his suit he states that the seller was a stranger and he has been paying lacs of rupees in cash for six months withoug any agreement or MOU. All his payments are in cash and his bank accounts dont show any withdrawals nor is there ever so much cash in his bank account.also no cash ever gets deposited in the sellers account too. He has no source of income as he has not been filing Income tax returns.

The seller has died and his heir is now living on the streets and is now with the plaintiff. The heir gave a Afidiviat stating his dad sold the flat to both of us and i had promised to repay the plaintiff. No proof of the same as this did not happen. But based on this the plaintiff has got a stay on the said Flat vide his motion the suit is still pending.

I have a indeminity bond with the son (heir) as the witness.

I want to call for rejection under the above Law because of the following :-

1. Plaintiff had earlier filed a Pauper Petition which he has not mentioned in his suit. So hidind facts, unclean hands.

2. Suit filed under Specific Relief act of Unregistered document where Part payment made. Since he is a Pauper as he claims in his Pauper Petition his claim to fulfill his part is not constant and thus Specic Performance suit can be dismissed.

3. Document Relied upon i.e. agreement for sale produced in Pauper Petition and in the suit now are different but on same stamp paper. (Typing same but hand written date same date but clearly the writing is different also now after filing of the suit he has witness sign on the agreement which was not there earlier)So obious tampering with documents to be relied upon is prooved.

4. All his cash Receipts are actually cash vouchers. In his Pauper Petition he has added one extra Cash voucher or 10 lacs which is not in his suit now.
Thus raising doubts of havein fraudently taken signatures of the seller.Please note vouchers are all in lacs and none have a revenue stamp. Vouchers taken on grounds of showing petty cash in his company. Rejection on this ground also.

Kindly Advice


M Satyanarayana   23 April 2013 at 09:16

Third party claim petition in partition suit

Sir,

I am the party in Partition suit and contested from the date of filing the partition suit. Now the suit is applied for final degree. The other party/defendant has filed false unregistered relinquishment deed after preliminary decree which was denied. Now again she is going to file a false third party claim in the partition suit to prolong the final decree proceedings. Whether the third party claim after false relinquishment deed by co sharer in the partition suit is maintainable in the law.

Please confirm whether the suit for third party claim at this stage of final decree is maintainable or there will be a separate suit.

Thanking you,

MSN