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

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Rajesh Nath Goswami   20 October 2012 at 15:05

About time barred u/s 107 ipc

Dear Sir,
A case was filled U/s 107 IPC at SDM Court on 07/12/2011 and the court proceed it only on 2nd party members and issued a notice to appear on 24/12/2011, all the party members are appeared in the court on 24/12/2011. Before the completing six months 1st party pray to the court for time extension because that time the witnesses are going on therefore or any other reason court accept the pray and give 4 months extension but in the mean time various time the court was not held but the 1st party complete the witness process and 2nd party's advocate also cross the witness.On 19/10/2012 first party pray to the court for 2nd extension of 2 months but the court was not held from 19/10/2012 to today, and 24/10/2012 is last date after of 1st extension after that the case will be time barred and in between i.e. 20, 21, 22,23 and 24/10/2012 is holiday of Durga Puja. What will I do for this case if 2nd extension is not grant or time barred.
If any possibility then guide me because all eye witnesses of this case, true the allegation of first party
If possible kindly assist me.

dheepak srinivasa   20 October 2012 at 13:58

Transfer of a moneysuit/mortgage suit

Dear Sir

Sir I have initiated a mortgage suit for recovery of my money. But the defendant has not agreed that its mortgage suit but states that this is a money suit. I have the original document with me and now a new party has come and is willing to settle the defendant dues to me and take over the case, but he has asked me to give the original land document on settling the amount.

1. Is it possible to transfer the case?
2. If yes the process to transfer if it is termed as mortgage suit? or if it is termed as money suit?
3. If the case is transfereed can defendant file any case against me?

aman   20 October 2012 at 13:55

Regarding delay in rti

Respected sir/madam

i apply for information through rti act 2005 in cooperation department (punjab). on 11 sep 2012.to the public information officer. after 34 days he replied that your application is transfer to assistant pio under section 6(3). now he is responsible for providing information. but he not specified for any time frame. Thant means it is not fair. department harras me. sir kindly suggest me the right way

pankaj kapoor   19 October 2012 at 23:48

Will matter

sir,mr divjyoti burmanji when the first attested witness of the will who is also an scribe of the will complete his witness and the second attested witness when saw the will accept the signature of the testator and his own signature on the will and also the signature of the first witness and accept his signature on the probate petition the dhgs(joint ragistrar) in the high court ordered the asst ragistrar(original)to keep the will in sealed cover.This is a probate case.why he is ordered.can he satisfied from the witnesses.

Bhikham Saini   19 October 2012 at 23:21

Issue of decree order simultaneously with arrest warrent in execution case

I have a decree order of Rs.3.00lac in a money suit against an individual at Delhi,but he has moved to Rajasthan and his wife and son stays at his delhi address in a tenanted flat.His wife is the tenant.I have tried to execute the decree with the assistance of court balif and police at Delhi but his wife did not allow to take possession of any moveable article as she claimed them to belong to her personally as her stridhan and the husband,i.e the Judgement Debtor also do not stay there anymore and she has given the address of Rajasthan where the JD currently stays.Hence the execution of decree failed.His wife also submitted a petition to the court that she be not disturbed by me in the matter by me in any way.The court has issued a show cause notice to the JD at Delhi address as well at Rajasthan address as to why an arrest warrant be issued against him.His wife has refused to accept the notice at delhi address for the reason that JD do not stay there and Service at Rajasthan address is in process.

I like to know that can I still approach the court(even during pendency of the show cause notice and its reply by JD)for another Execution Order against the same decree with help of ladies police?

Is it possible for the court to issue an Execution Order again while the show cause for arrest warrant is pending?

What options are available to me in this case?

Even if JD fails can the court issue arrest warrant for JD and if yes then what shall be maximumm period of Jail and what shall be my liability in such case?

How should I resolve the issue?

D Rao   19 October 2012 at 18:23

Legal notice against an ex-employee

One of an ex-employees in the firm was fired for using fraudulent practices to implement a client's project. He was asked to resign immediately without salary or notice period, as the company had to take a penalty from the client for this work and also had to refund all the money paid to them.

This employee emailed the clients and has been posting derogatory stuff about company on public forums, which is hurting the company's image.

Being the HR, i was instructed to consult our lawyers and take necessary actions.

I have few queries:

1. What purpose does a legal notice serve?
2. If an employee is not staying at the address he had provided to us, during his tenure in the company, what should we do. Can we send a notice to his current company?
3. The employee was not paid for his last month's work. Will it have any legal implications for the company?

Thanks

Sadanand B. Panchal   19 October 2012 at 13:42

Order 6, rule 17 of the cpc

Respected Experts,
I have after having valuable advice from the respected members, Lawyers of Lawyersclubindia, taken out a Chamber Summons to amend my Plaint and N/M with 4 Exhibits and new prayers to my Suit before Hon’ble City Civil Court.
Since during the pendency of the Suit and N/M the Defendants raised the illegal constructions by disturbing my other easements in the suit open space taking benefit of the fact that my ad-interim relief was refused by the Hon’ble Court. Further I discovered proceedings of Hon’ble Court that the Defendant is not owner of the property Suit open space. Therefore I have taken out the Chamber Summons. There are 4 Exhibits, 3 declaration prayers, 6 pending hearing... prayers and 19 paragraphs to be amended.
Yesterday when I was going to tender the said Chamber Summons before the Hon’ble Court, the Defendant objected it stating that the Amendment sought by the Plaintiffs were voluminous. The Hon’ble Court firstly inspected the earlier proceedings whether any Leave or special Leave granted to the Plaintiffs and thereafter directed the Defendant to file reply to the Chamber Summons and the Hon’ble Court then made my Chamber Summons returnable to further date.
Kindly explain me what is Leave or special Leave to file Chamber Summons. Please inform me whether if the amendment particulars are voluminous, will Hon’ble Court disallow entire amendment on this ground? Please inform me equivalent Authorities (Citations) of the Hon’ble Court to my matter.
Thanks in Advance for your prosperous help.
Regards,
Sadanand B. Panchal

Ramesh kumar kacholia   18 October 2012 at 23:08

About management of mandir murti land.

Please read problem seriously and guide us with clear answer.
There is a land.Name of khatedar is Sh.char bhuja mandir sthan deh.There is a trust named Sh. char bhuja mandir trust.This trust is registered in Devsthan Dept. of Raj. Govt.Devsthan Dept. has given a judgement that this land is declared as property of said trust.But administration means collector and sub divisional officers are not allowing to trust for management of that land.Please tell us that Who will look after the said land.What will be the process for development of that land.

sumana   18 October 2012 at 17:59

Maternity benefit in case of outsourced employees

Dear Sirs,

I would like to know that :-
1) if any employee who is working in a PSU as an outsourced employee, and is inthe pay roll of the Consultancy company, - Can she claim the maternity benefit? If yes then to whom ? the PSU or the Consultancy ? Pls elucidiate ....

2) In case of employees who are serving Govt. organisation in contractual employement of one year (the contract gets automatically renewed year by year) with a consolidated salary. Are these kind of employees eligible to claim maternity benefit ? Will they have to leave the job for the sake of their pregnancy or delivery ? Pls eluciate these above two queries. thanks.

Moll   18 October 2012 at 17:51

Overseas marriage and succession

My late relative, born in India, became a British Citizen and married an Indian girl in London at a registry office. The marriage was later deemed to have irretrievable broken down by a Judge in UK and a Decree Nisi granted but not made absolute prior to his death.

He died intestate in his ancestral home in India, where domiciled.

My question is does the wife have any benefit to his estate under the Intestacy rules of Indian Succession Act 1925. This is unclear to me because presumed intention would be not to make her a beneficiary to his estate given divorce proceeding where initiated and marriage breakdown.. Also is an oversea marriage under UK Law recognized in the same Act as reference to wife?