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

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Bhaskar Ghosh   27 August 2012 at 14:46

Rented premises

I have a three storyed building
1. The 2nd and top floor is used by me and my family for residential purpose.
2. The 1st floor and the Ground floor are rented out to tenants
3. The tenant on the 1st floor gives me rent on a regular basis and I have an amiable relation with him but the tenant on the ground floor does not give me rent. I have already filed an Eviction suit against the tenant in the court of law and the legal process in continuing.
4. I have learnt from sources that the roof of the ground floor is in a dilapidated condition and one of the iron beams might break down any moment causing damage to life and property. This will result in endangering the life of the tenant residing in the 1st floor also whose floor is likely to be affected.
5. The tenant on the ground floor has not intimated me anything about the condition thereon.
6. Please advise me on the following points:
a) The legal remedies that can be taken now and are available to me in case of an accident though the tenant is not intimating me about anything in writing.
b) How can hazards of police interrogation be avoided in such case.
c) If I myself intimate the court about the condition, the court will direct me to repair the same and the tenant will continue residing there for a long time till the legal process is over.
d) Necessary legal and administrative measures that can be resorted to under this condition.
Bhaskar

Bhaskar Ghosh   27 August 2012 at 14:43

Rented premises

I have a three storyed building
1. The 2nd or the top floor is used by me and my family for residential purpose.
2. The 1st floor and the Ground floor are rented out to tenants
3. The tenant on the 1st floor gives me rent on a regular basis and I have an amiable relation with him but the tenant on the ground floor does not give me rent. I have already filed an Eviction suit against the tenant in the court of law and the legal process in continuing.
4. I have learnt from sources that the roof of the ground floor is in a dilapidated condition and one of the iron beams might break down any moment causing damage to life and property. This will result in endangering the life of the tenant residing in the 1st floor also whose floor is likely to be affected.
5. The tenant on the ground floor has not intimated me anything about the condition thereon.
6. Please advise me on the following points:
a) The legal remedies that can be taken now and are available to me in case of an accident though the tenant is not intimating me about anything in writing.
b) How can hazards of police interrogation be avoided in such case.
c) If I myself intimate the court about the condition, the court will direct me to repair the same and the tenant will continue residing there for a long time till the legal process is over.
d) Necessary legal and administrative measures that can be resorted to under this condition.
Bhaskar

Chetan Pardakhe   27 August 2012 at 10:02

Cancellation of relinquishment deed

How to cancel the Relinquishment Deed ?

pls provide relevant provisions

Regards

milind phope   27 August 2012 at 08:00

Will on leased plot

I have taken a residential NA bunglow-Plot for our house,on lease from a registerd Bunglow Society for 999 years.Society is consisting of 200 plots,for which the Govt.town-planning authority has given approval for its layout-plan.Society is absolute owner of the entire land and we plot-holders are lessee members,paying yearly lease-rent to the society,as agreed in our registerd Lease-Deed.

Now I want to make my WILL for my leased plot,but Society says that,since the society being,the absolute Owner of said plot,my WILL is not applicable on my plot.I am suppose to be the lessee of the plot and not the OWNER.

Our 7/12 extract also bares Society's name on top and our names comes after Society's name with a seperate mutation number.

I have attached the copy of my latest 7/12 extract.Kindly advice what should be done to implement my WILL on my leased plot.

kasinath   27 August 2012 at 06:37

Writ petition

Sir,

A Writ of ceritorari petition is filed in the high court, but the high court ordered the lower court to dispose the file within 3 months from the date of receipt of the orders, but the lower court failed to dispose within 3 months and again reopen it after 30 years for disposal, whether it is maintainable, if not pls provide me the citations

Thank You
Kasinath Adv

kasinath   27 August 2012 at 00:05

C.p.c.

Sir,
If the case is kept for disposal and there is no disposal upto nearly 30 yrs and again reopened the same case for disposal after 30 yrs than whether there is any remedy available to parties of the suit. if possible pls give me the response to this query

Thank your sir

rajesh kumar raikwar   26 August 2012 at 21:50

Public nuisance

Sir, I live in Bina (town) M.P. Here Govt. Allotted a liquor shop on Khimlasa –Bina but It has been situated at Bina- chore by the license holder. It’s been a public residential area surrounded by Jain temple, civil hospital and Hindu temple. The neighbouringhood gentle person is very much perturbed and perplexed with the undesirable activities of drunk persons. Religious person and women are facing a lot of comments/ remarks in a way of abuse and dirty wordings by drinkers.
The liquor is not only sold from the shop but also the same Is served on the table –chair placing by the side of main road openly . So this liquor shop is creating a public - nuisance.
Myself complained related authorities many times, but no action has been taken by them yet.
Now I wanted to file a Suit/PIL against them . Please suggest where and how?
Thanks,
Yours
Rajesh k. Raikwar [Adv]
bina m.p.

Aditya   26 August 2012 at 20:19

Rent problem

My father has rented this house in 1978 with the agrement to increase 20 rs every 5 years. but the land lord has not increased the rent till now. Land has expired 10 years ago. Now his children are the legal heirs. My father has also expired in 2008. I am leaving with my mother, wife and with my children in the house. Now he sent the letter under west bengal tenancy act 1997 to me saying that new rent will 7000 from next month. my old rent is 350. So please advice what i can do in this matter. What is the actual rent for the flat. what i can do in this matter.

sandeep rane   26 August 2012 at 16:46

Cost with dissmisal

I have already get answer but i have more doubt please clear.

Is it common that court order cost when it dissmisses the writ or pil every time ?

If i get a Lawyer from legal aid before filling writ or pil or court gives me lawyer from legal aid i.e. government lawyer after filling a matter in a court then also i am liable to bear any cost if court order in my matter while dissmissing it.

How to decide that particular matter do not have any merit ? give reference of any legislation if possible.

If i have grievance that I cause inconvience because of particular rules ,policy of government institutuion then do you think it has merit to file writt or pil to receive instruction from court ?

Divya   26 August 2012 at 15:45

How to restore suit if compromise has taken place

Hello All
This query pertain to a civil suit (land related)...Both parties had compromised and suit closed.

After a few months, Certain facts came to be known to one of the parties....Had these facts been known to the 1st party, the suit would have taken a different direction as important info pertaining to land title & restrictions were not told to court & to the 1st party.

Can the 1st party reopen the suit under 151 cpc, maintaining the compromise decree but with a view of re-eopening of suit with the additional information.....

Thankyou