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

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Vineet   02 April 2013 at 21:19

Summon to appear - medical condition cannot appear

Hi,

My father has received a summon to appear on 10th April in Tis Hazari CBI Court as a witness. However, my father suffered brain stroke and paralysis in 2010 and his memory is very weak and cannot recollect anything. Is there any way to inform the court and avoid his appearance citing his medical condition?

Appreciate early reply. Thanks!

BAALASUBRAMANNYAMM   02 April 2013 at 18:43

Land ceiling in state of andhra pradesh

Respected Experts, Plz. suggest me.
1. How many acres of agricultural land, a person can have in A.P.State.

2. How many acres of non-agricultural land, a person can have in A.P.State.

3. Whether A.P.Land Ceiling Act is existing or repealed.

arvind   02 April 2013 at 14:12

Guarantor's liability

The most common scene of the financial institutions (Banks / societies etc):

"The borrower's account has become NPA, the cheque given by the borrower has bounced, even as guarantor your checque dated xxx has bounced and so as guarantor your are asked to deposit xx amount within 15 days otherwise legal proceedings wait for you u/s 138".

My questions to this common scene are:
(1) Has any time borrower refused to repay? or as lending institution have they obtained in writing from borrower that he can not pay?
(2)As being the guarantor was I any time informed in writing that borrower is not been able to pay so at the earliest as being guarantor I must clear the dues otherwise the legal action against the guarantor as deemed fit will be taken?
(3)Are the banks authorised by some authorities that even without written notice about the due payment and to deposit it, the guarantor may be sued against u/s 138?
(4)Are not these financial institutions liable to inform guarantor in writing about measures taken by institutions for recovery of dues from the borrower?
(5)Are the institutions lawful in their actions?
regards
please advice as your opinion going to help many who are suffering as guarantors.

AAK   02 April 2013 at 13:14

Jds bank account details

Dear Expert,
Need your valuable advice..

In a money recovery suit, we are the Decree holder. The Judgement Debtor company is locked and stopped its operations. Remained exparte in the entire proceedings. We are finding difficulties in executing the decree.

We heard that it has some cash amount in its bank but we dont know which bank, account number and other details.

Can we seek direction from the court to disclose its bank account details for attachment? If yes, then under which provision?

secondly, if the court passed such order and the JD failed to comply can we seek contempt process against Director?

KISHORE KUMAR   02 April 2013 at 00:06

A case of love, cheating & money

Dear experts,

Sorry to confuse you with the heading.My problem is that before one half years I was in a relationship with one girl who was in my same company but in a differnt branch.We had physical relation also to some extend. But after few months, we realised that our affair wont be accepted in the family and we stopped that kind of relation between us. In fact, I took the initiative and convinced the girl. After that we continued as best friends and I moved to a new company also. Before eight months, this girl lost her job and couldnt get another one yet. So during this time I had helped her financially. She owes me around 1 lakh. I had a guilty feeling in my mind that we shouldnt have done physical relation earlier. So, i was helping her as much as I can. Recently I got married and our friendship continued in a healthy manner. But last month she told me that she is in a relationship a guy who was working under me earlier. I enquired more detailed abt this guy and came to know that he is a flirt. More over, he is two yrs younger than her and doenst have a good job also and belongs to another religion which her parents will never allow. So, I told her to rethink on this and stop this. She turned against me and told me to not to bother about her and get the dues from her parents. Her boy friend called me and threatened he will give a fake complaint against me thru her that I am harrasing her. I talked with her brother and he came down and took her to native. He had told me that he would give the money back. But now, when caught, she turned the story around. She admitted her parents that she had taken money from me but now I forced her for some other relationship and as she did not agree I have made this fake story abt her affair. So please advice me whether I have a chance to get my money back? ( I have proofs of transactions), If they complaint to police that I forced her for physical relation, is it valid? I did everything for her good only but i cant believe she would invent such a fake story for safeguarding her side.

Lalit kumar jena   01 April 2013 at 22:30

Property

dear sir whether any female can get his share from his fathers property,according to 2005 amendment of Hindu succession act 1956,and it will be effected from which date.or it will be effected on or before 2005 ?

SANDEEP KUMAR   01 April 2013 at 20:07

Ex parte

1.For Ex parte order, how many times summons are issued to the opposite party.

2. Whether it is practice or provisions are mentioned somewhere.

GANGO PADHYAYA   01 April 2013 at 17:45

Jurisdiction

SIR

I DONE CONTRACT WORKS AT HYDERABAD AND TIRUMAL-TIRUPATHI LOCATIONS

I WAS RECEIVED ONLY 25% AMOUNT FOR MY WORKS AND THE REST OF WORK AMOUNTS ARE HOLDING IN THE HANDS OF COMPANY.

AFTER COMPLETION OF SAID CONTRACT WORKS I STILL NOT RECEIVED ANY AMOUNTS i.e., BALANCE DUE AMOUNTS

THEREUPON I SENT A NOTICE TO THE COMPANY; THE SAID NOTICE SENT FROM MY RESIDENTIAL PLACE VISAKHAPATNAM.


NOW MY DOUBT IS : FROM WHERE I CAN FILE A RECOVERY AMOUNTS SUIT

AS WELL AS AT WHAT PERCENT I CAN CLAIM INTEREST RATE ON DUE AMOUNTS (RETENTION AMOUNT)










abhimanyu   01 April 2013 at 16:14

Options

A case for declaration of ownership of property was filed. However, the opposite party has denied all allegations mentioned in the suit but has categorically stated that they have nothing to do with the property for which declaration has been sought. Now, what are the options for the judge to decide the case. Can the judge dismiss the case or will it grant declaration.

cchs1962   01 April 2013 at 15:23

Tribunal rejects contempt of court application after 1.5 yrs

Our Society had filed a Contempt of Court case in State Cooperative Tribunal in context of the builder continuously doing construction work at the disputed site for which the Board of Nominees has given a status quo till the final award has been given in the said case. The State Cooperative Tribunal accepted the filing of our contempt of court application and after 1.5 yrs the tribunal have rejected the application saying that it has no jurisdiction to hear the application.

Kindly let me know that can the society file a second appeal application to the tribunal? Also let me know what sort of evidence be produced for proving contempt of court?