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

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Jagadish G   18 February 2013 at 18:39

Property

Dear all,
i have a query regarding transfer of property. A person ( Mr.X)expired at age of 53 without writing a will. He (Mr.X) has 4 daughters and wife. Now my query is that, is Mr.X's mother has a right in that property, when she is not dependent? This property is transferred by Mr.X 's Father at he is a minor.

vinodh   18 February 2013 at 15:43

Can get release order for different schedules?

Hi,

I would like to know whether different property schedules attached in one suit, say for eg:

Schedule property A
Schedule property B &
Schedule property C

The case is in progress for only 'A' schedule, So, for the other two schedules B&C ,can I get the release order from court and start enjoying it??

Please advice on the above.

Thanks!
Vinodh.

cchs1962   18 February 2013 at 14:47

Ownership rights

Is Kabza Pavti valid for claiming ownership of Apartment withouth N.O.C. of Coop Hous Soc. Ltd. while the builder have sold it during the pendency of the suit? Is it mandatory to have share certificate and become member of the society before buying the appartment.

cchs1962   18 February 2013 at 14:41

Filing of contempt of court case.

Our society have filed a case with Board of Nominees in accordance with the breach of several rules and bye-laws enacted as per coop hous. soc. act 1961 and registered bye-laws of the society. Without Prior consent of society one our member sold his plot to builder and the builder has constructed 4.5 storied apartment on the disputed plot during the pendency of the suit and later the court have order status quo on the disputed plot.

The society have filed a Contempt of Court case with Cooperative Housing Societies Tribunal but recently the tribunal have come to conclusion that it does not have jurisdiction to give judgment of the case because the contempt case must be filed in Board of Nominees who gave the prior order. After 1.5 years of time and issuing notice to the opposite party and the opposite party filing there answers the tribunal have given such a verdict. My question is what are remedies that are available to the society? where can we file the contempt of court, i.e. in the Board of Nominees or High Court?

Pras   18 February 2013 at 13:45

Section 138

Dear Sir

In 2006 I have taken a loan from a cooperative bank of amount Rs 2 lakhs. But this loan was used by my guarantor and his land was mortgage with the bank. Please note that the land is farm land. This was done since the I had job and bank needed some regular income so this was done and my friend(guarantor) was in urgent need at that time. For few months he paid the loan emi's regularly but after some time he defaulted. Now bank has issued me notices and also warrant to appear in court. However I could not appear in court as I have a job in some other town which is far from where the case is filed. Also the loan is taken from same place where the case is filed , which is also my native. It has been 2 instances that I was not able to appear in court. Could you please let me know the consequences of this. I have below queries.
1) What happens if I avoid appearing? As I am not traceable.
2) If I appear what should be my stance since I have not used the amount and mortgaged land is not mine.
3) Security cheque was given by me amount was not filled.
Please suggest me my stance on this.
4) Also would like to know can someone (blood relative) appear on my behalf, if yes what is the procedure.

Mrahi   18 February 2013 at 00:51

Child visitation under hindu adoptions and maintenance act

I have civil maintenance case which is been going on for years , i have filed for child visitation in this case itself but the opposite side have challenged that I should approach through guardian act or Hindu Minority and Guardianship Act, 1956 but not in this maintenance case which is filed under Hindu Adoptions and Maintenance Act (1956)

My query is can my visitation be denied on this sole reason. Can i not file child visitation in Hindu Adoptions and Maintenance Act (1956) which is for maintenance of child and wife

Response, gyaan, citation appreciated.

Bikram Sarkar   17 February 2013 at 22:49

Employees welfare fund

how to form an 'employees welfare fund'? Should it be registered under trust act or societies registration act?

B S Kainth   17 February 2013 at 22:48

Appeal

Respected Members,

I had filed a suit for recovery of possession and Mesney profits in Delhi District Court in 2009 .In 2012 the suit was decided in my favor . Decree sheet was also made.Now defendant moved to Delhi High Court .Here he filed an RFA. Hon'ble High Court took cognizance and proceeding was stayed till next date .

My query is
Circle rates of the property was revised 2-3 times by Delhi Government from 2009 .Now appellant should file his court fees according to new circle rates or the old rates ?
Will the Delhi High court apply new court fees act on the appeal as it was filed in Dec 2012 and new court fees came into force in Aug or Sep 2012 .

Bikash   17 February 2013 at 22:36

Credit card payment

Dear all,
I have a credit card of HDFC Bank Ltd., which dues about 1.50 lac, due to some avoidable reason, I am currently not in position to pay the minimum amount also. For this, I call the credit card officer for that, they may grant EMI option for my payment or a issue personal loan (In which interest might be less than credit card interest), they denied & tell me that, you have to pay the payment, else we transfer your account with recovery agencies & they recover easily (Threatening me). Kindly help me with your valuable reply, which I urgent need.

Shiv Kumar Sharma   17 February 2013 at 22:00

Rule 263 general rule civil

My opponent filed a Civil suit against me to get some stay order regarding a shop, He filed the fabricated Photo Copy of original document with a prayer that he holds the original and photo copies are true copy and Court accepted his request while registering the case. I hold the actual Original document and the opponent has made an offence of 467 & 468 IPC but to prove it in criminal court, I need the true copy of photo-state copies filed by opponent but Rule 263 General Rule Civil does not allow Copy of Copy.
What should be the remedy, how can I get the true copy of forged document filed in a CIvil suit with plaint to make it legally acceptable by the Court.