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

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Santosh Maske   22 August 2012 at 18:26

Co-op societies

order of co- op court against the society to provide common amnities to its member

in execution application against society and its representetive


wheather representetive of the society can be commiteed to civil prison for not compling with the order ?

please refer any judgement ? by which it has been held that representetive of the society can be committed to civil prison un der order 21 of cpc

Rupal   22 August 2012 at 15:41

Police harressing tenant under ni act, fraud done by lanlord

Respected Sirs,

We are the tenant staying in flat for almost 5 years. Our landlord has done a fraud of up to 3 corers of various banks, financial institution and others including us.

He is absconding for almost 3 years.One of the financial institution has recently filed against him under negotiable instrument act. The value is around 1.5 lakhs.

We have given statement to police that he is fraud and absconding since 3 years but
Now the police is visiting our flat repeatedly and forcing us to give statement in police station .

My dad is 59 years old he is suffering from ailments we request police to take the statement at our flat. But police are compelling my Dad to visit police station.

Is it necessary to visit police station ....?

Please help Sir, will be highly obliege.

PARTHA SARKAR   22 August 2012 at 13:49

Seeking advice aganst undue legal advantage in legal cases by this forum's quaries

Kindy advice what kind of legal advantage one estranged wife can avail from the above mentioned write up during pendency of her matrimonial cases. Even all her stands on falsification and presently taking advantage from all gender bias laws. If that lady produce the said write up in matrimonial case what kind of advantage she may enjoy. Considering the facts it is a open forum anyone can ask question.

Regards

Kindly advice as per following:


8/20/2011 11:52:07 PM

How to avoid (matrimonial issue) conduct of case is malafide for acceptance of writ of quo-warranto?(Constitutional Law)



This query is : Resolved





Author : PARTHA SARKAR

Posted about a year ago

My wife have taken a rented house and living with a person without marrying him. She not only cheated with me but also did fraud with the Govt. Through RTI I have obtained information from the office of the father of my wife mentioning her father’s recruitment was as General Category employee and have no marking indication in his service book. On the contrary my wife managed SC certificate by the way of misrepresentation etc. and secured WB state Govt. jobs. Departmental proceeding failed as the DM of Dakshin Dinajpur submit his cryptic report to the Women & Child Development & Socail Welfare in response to my complaint addressed to the Secretary of my wife Dept. mentioning that the certificate is actually issued by the competent authority SDO, Balurghat and confirmed the genuineness of the certificate thus her Dept. closed the matter. Kindly advise if I file Writ of Qua-Warranto I have to disclose my matrimonial issue otherwise it will be suppression of facts on the other hand if I disclose the matrimonial issue she will defend the case that the conduct of the case is malafide. Thus the case may be rejected and she will get escape and real issue such abject abuse of constitutional provisions will be under carpet and will never expose. RTI has certain limit kindly advice to expose the truth.
Secondly if I try through criminal procedure (forgery) one problem will come against public servant section 195 Cr.P.C. etc. may arise. Kindly advice I wrote many departments and direction memo have proved meaningless. State vigilance enquiry is still on the process but the said Anti Corruption Officer is under the said DM. One hearing date I have received on next month with the said SDO but RTI have limitation to expose such fraud.
Kindly advise to expose the fraud towards my next course of action.
Regards
Partha Sarkar
Sarkar.partha@rediffmail.com Mobile +919038506359.

2.

I want justice and equity. Proving adultery is very difficult even photograph is not enough to satisfy court. On the other hand DM, SDO is supporting her reason many one of it for their self. Trying shielding their subordinate because if it is exposed many officers/employees will be in troubles. As per recent information she also deprived her first illicit person and enjoying with a married man as second illicit person. She is staying 430 km away from me. I am not getting justice.

Ramesh Tikamdas Bajaj   22 August 2012 at 07:29

Incorrect court fees

What is the remedy if a litigant has not paid the correct court fees in small cause court case?
Is it the duty of the Registrar to enforce this at time of filing suit?
What,( if the defendant notices this after a lapse of 2 years) should the defendant do? Can he point it out to the court and ask that the correct fees be paid before the case proceeds? Will the court allow it?
I think that the Registrar, or whoever the concerned officer is, should make sure that correct fees are paid at time of filing suit.

Pls advise.
Pls Note : I am the defendant and
what I would like to know is the following:
1. Can the plaintiff object to this delay on part of defendant and avoid paying the fees;
2. Should the court force plaintiff to pay before proceeding with the case.? Can the court force do this? (in this case plaintiff has paid just Rs. 15000/- whereas he should have paid over Rs. 1 lakh as the property is worth 8 crores and the blatantly false case has been filed purely to harass)
3. I would highly appreciate, if someone could suggest a remedy so that the plaintiff is forced to pay correct fees ( and without defendant having to spend a lot to convince the court that this should be done.) The plaintiff is just out to harass.

panna lal nawalkha   21 August 2012 at 21:55

Validity of contents in will

OWNERSHIP RIGHTS WILLED AMONG THREE SONS IN BUNGALOW BY MY BROTHER.IN THE WILL HE HAD MENTIONED THAT ANY OF THE SON CAN NOT SELL THEIR PORTION TO OUTSIDER AND ALSO CAN NOT RENT IT OUT. MAY I KNOW THE VALIDITY OF THESE CONTENTS.ONCE OWNERSHIP IS WILLED,THE USE AND ETC OF OWNED PORTION SHOULD BE GUIDED BY OWNERSHIP ACT RATHER THAN THESE CHECKS IN THE WILL.

mahendra rai jain   21 August 2012 at 21:52

Consumer law

Dear Sir/Madam

I have been ordered for GOLD BAR of 2 Gm at indiatimes shopping under an offer in which price of 2 gm gold bar is 4970 Rs. only. my order has been confirmed by the seller and payment has also been made by me. now seller informed me that my order has been cancelled but there is no reason has been mentioned. now in this situation what to do?

Kindly informed me as soon as possible.

Upendra Rai Jain

panna lal nawalkha   21 August 2012 at 21:43

Validity of contents in will

my brother willed his house among his two sons and one grandson( son of deceased son)with respective portions differently colored and common usable areas cross-lined. In the will he has specifically mentioned that ownership transfer /gift can only be done among themselves and no one will let out their portion to outsider. MAY I KNOW THE VALIDITY OF THIS RESTRICTION.ONCE PORTION OF SHARE IS WILLED FOR OWNERSHIP,CAN SUBSEQUENT POWERS BE RESTRICTED BY DECEASED THROUGH WILL.? grandson (s/o deceased son) wants to sell his portion .Can he do so.?

Adv M.D.Azhar   21 August 2012 at 21:19

For the institution of suit

sir client came to me who is working in the company (private) for last couple of years and company has not give his p.f of last couple of yeas and it is due therefore i send a notice of 15 days. now company has not replied for such notice so my i file the suit after prescribed period in the court where my client is residing or i have to file the suit where respondent company is situated and which court can entertain such suit can u help me ?

Chaitali   21 August 2012 at 17:54

How to file pil

Hi,

I wanted to know if there is any online option available to file PIL. I am not a lawyer so not sure how to do it. I want to file a PIL against the traffic police in India. In almost all the states, particularly metros they misuse their power and take bribes and if you deny to bribe them they issue chalans with false sections (citizens are not aware of all the sections). Like it happened in Delhi and Lucknow throughout India Traffic Police's power to issue chalan should be curbed or limited. Everyday I see trucks billowing smoke on road but TP are not interested in restricting them but they harass the civilians plying on a 1 year old car or bike for PUC. Particularly being a woman I have to face this harassment more frequently, as it is much easier for them to bully girls into paying bribe by saying they'll lock you up. I know I can complain to police against an officer but given our corrupted system I also know this will just backfire. But I am totally disgusted since this time I was sick of bribing the TP and he charged me under 190,184 and god knows wat and was shouting to lock me up when I said I'll not pay bribe he can issue a chalan. Only after coming back home did I check what these sections meant. This happened in Kolkata. Kolkata suddenly has woken up to thousands of new born TPs most probably inducted through bribes whose only purpose in life is to harass the civilians but if some accident happens infront of them they suddenly turn blind. Please let me know how I can file a PIL against the authorities, is it possible to file PIL without a lawyer, if not how much do lawyers usually charge for such services. Or probably I'll just request Mamata Banerjee to adopt me as her niece.

Regards

Karthi.P   21 August 2012 at 17:52

Temple's land issue

Dear,
I have to know the judgement of madras high court about temple's land on 2009. The high court said that" Those , who has been possession and enjoyment of the temple's land,they should pay kist receipt and should keep revenue record in their favor otherwise which the above will not bind over the temple's land owners". I want the full details about this judgement and judgement copy of this. I can't find the judgement copy from madras high court website. I have to know the case No. please give those information to me.