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

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niky......   02 March 2013 at 12:16

If a case is dismissed in my favor, is that a benefit?

This is a rent evac related case. I am the defendant and plaintiff is owner.

The plaintiff filed court suit without sending the prior notice to me, which is not correct. So if a raise this objection and court decides to dismiss the case.

Will that mean i have win this case? or just that a new case will be again filed by plaintiff in small cause court again/ or in high court?

And can this be a disadvantage as my case seems strong now, but later if they filed the case after dismissal, Plaintiff can make change to their WS in a way to counter there weakness which are in current case?

suguma   01 March 2013 at 21:57

Subletting the flat without permission from soceity

Application to sublet the flat is submitted along with copy of leave and license agreement seeking permission from the society on 1.3.13 by regd.post a/d along with other forms for becoming member of the society. Pending receipt of permission in writing by the society (under by law 65[e]maximum time the secretary can take to disposal of such application is 90 days)if the member lets out the flat and the Lessee occupies the flat forcibly when the society watchman prevents the Lessee from entering the flat on the ground that permission letter from the Society is not produced, what action can Society take against the Lessee,Lessor [member of the society]

Sruthi Aravind   01 March 2013 at 21:30

Company

a company purchased the whole shares of a shareholder in another company. before buying, financial due diligence was conducted. the report filed was wrong and it resulted in the bloating up of price from 20 crore to 40 crore.is anyone liable for fraud or any other offences in this regard?

CA VINAY JAIN   01 March 2013 at 21:03

Probate and wills

CAN A A PROBATE BE GRANTED /TAKEN WHERE THE ALLEGED REGISTERED WILL SAYS THAT THE ...."BENEFICIARY HAS RIGHT TO COLLECT RENT AND RESIDE AND TO USE THE PROPERTY IN ANY MANNER SHE LIKES BUT SHE CANNOT SELL , MORTGAGE , GIFT OR GIVE ON LONG LEASE THE SAME . AFTER HER DEATH THE PROPERTY WILL GO TO HER SON/S AND NOT DAUGHTERS " .....

Adv M.D.Azhar   01 March 2013 at 20:50

About the possesion of the property

sir my fellow senior filed a case which sumarised here as under,
The plaintiff wanted to purchase a shop of the defendent and for that purpose bith have decided to execute sale deed but before making full payment plaintiff has give some of the payment to the defendent as part payment and the same was registered than after the defendant handower the said property/shop to the plaintiffand he had the possesssion of that shop but than after whern he asked further payment than defendant asked him to make him sale deed first since than problem arise, the plaintiff had to take loan from the bank and he was welling to pay buy the said property was already mortgaged by the defendant therefore the plaintiff asked the defendant to clear the tiltle of the property.Within that period plaintiff had doubt that he will asked to vacate the shop so he filed the suit regarding the injunction but before passing the order the defendant vacate him from the shop and took possession of the said shop by fore at night. Thanafter lot's application given in to the court for contempt. ultimately court has given the injunction to th in e plaintiff. than defendant moved to session court session court turn the judgment of the lower court so again the origenal plaiintiff who is appelant now preffered an apeal to gujarat high court to stay the order of the session court and all other operation, court has given this relief on first hearing now mater is adjourned and will be heared. Now plaintiff ha filed application in the lower court that, now the judgement of the lower court is survive and come in to the existance because the order of the session court is stayed by the Hon'ble High court so defendant filed the W.S. and raised the objection and submitted that, High court has just given the relief which is for the stay of execution and not decided the whole matter so that suck kind of application is not tenable before this court because the matter is still pending before the high court......
Now is ther any judgment of the Hon'ble S.C.court in the favour of the present appellant that he is entitle for the possession of the said shop.

Madansingh Shekhaawat   01 March 2013 at 14:01

Breach of trust

In 1981 Accused and president of one cooperative credit society (registered) joined his service as a teacher in Mumbai based school where Complainant lady was already working as a teacher since 1970. In around 1984 Accused and president formed a cooperative credit society and offered complainant lady a membership. Considering his request and being a colleague lady became a member of his cooperative credit society. There, after in 2001 Complainant lady's husband got retired from his job. Since then Complainant lady and Accused already had developed a family friendship. Therefore in 2001 accused persuaded complainant lady to invest her husband's retirement funds in the cooperative credit society being run by him and his wife and offered a higher interest rate on her investments if she made. Initially complainant lady received interest payment regularly from cooperative credit society.

Later in 2005 also complainant lady opted voluntary retirement from school due to her knee problems. And when accused learned complainant's health issues he used to send one Mr. Kadam, an accountant from his cooperative credit society at complainant lady's home to pay the interest payments cheques, extending the investment period and issuing the reinvested deposit certificates. Complainant lady was happy with such services the cooperative credit society rendered.

Everything was going well till 2010 but in the month of February 11, 2010 when complainant lady contacted on telephone accused and expressed her desire to withdraw the matured amount of Rs. 400,000/- (Four Lac). Accused and president of cooperative credit society immediately sent the same Mr. Kadam at complainant lady's home and i Mr. Kadam informed that the president have requested you not to withdraw the deposits which are already matured and asked you to keep that amount of Rs. 400,000/- (Four Lac) reinvested with our cooperative credit society for at least for further 24 months as our cooperative credit society is going through financial crisis and also year ending audit is in process.

Considering their problem as genuine and good relations and believing on accused and president's word complainant lady agreed to reinvest the said amount of Rs. 400,000/- (Four Lac) for further 24 months, i.e. till 2012 and after four days cooperative credit society issued her the fresh certificate for reinvestment through the same Mr.Kadam's hand delivery.

In 2012 after maturity of said reinvested amount's period when complainant lady's husband went to withdraw the amount with cooperative credit society's office he was told that the certificates which he braught are fake and the person Mr. Kadam who delivered the certificates have committed suicide after having found defrauder and guilty of his embezzlement. Hence your investment have got lost and sunk. And our cooperative credit society is not responsible for these fake certificates.

After learning this complainant lady contacted the accused and president of cooperative credit society and requested to refund her invested amount but despite several requests also he owns up ignorance.

Please guide how to get the invested amount back from cooperative credit society? Thank you.

Manikandan   01 March 2013 at 13:30

Proof of ownership

What are all the documents available to prove the ownership of a land.? And also what are all the documents like parent document, patta, chitta adangal are must to register a document?

Kindly reply me as soon as possible...

Member (Account Deleted)   01 March 2013 at 12:24

Adverse possession

Has the Law of Adverse Possession been abolished by the Supreme Court ? Are Courts accepting cases relating to this Law anymore ?

javed ahmed   01 March 2013 at 11:53

Will

two muslim women made a registered will of an immovable property.one is dead and the other is still living.can the survivor revoke her part and "GIFT" the same to the legatees.
PLEASE ADVICE

regards,
javed

vinodkumar   01 March 2013 at 10:06

Cpc order 39 rule 1,2 stay application

In one aggriculture disputaed land, A have ragisterd banakhat aggriment, also with possession, A file a suit for specific perfomances suit for sale deed, and intrim injuction applicatin under cpc order 39 rule 1.2 in JMFC civil court, civil court reject the stay application only on the basis of that ground that, A not making the court commission under cpc sec 75, and thus for that reason, not clear the fact that whoes, in real possesson in the disputed land. A challange that order in appellate dist court, and also file a application for panchnama / cort commission application u/s sec 75 in appellate court, but appellate court now fix for hearing that application saying query that , Appellate court has no power for grangting thr commission application, in this situtaion what is leagle remedy for A to showing his possession in disputed land? any citation for that?