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

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munna   21 August 2012 at 14:10

Hindu succession act

my wife died 6 months after our marriage by hanging herself.their father logged a complaint on us under dowry death.we were sent to remand too under sec 304b and 498a.the case is under trial in seccessions court.
on the other hand my father-in-law purchased a property on my wife's name before our marriage,when she was a minor.in the sale deed my father-in-law is the gurdian.
i hve filed a case in the civil court on that property and got injunction order.

is the above said property is inheritance property or gifted or perfect sale deed property of my wife.
regarding 304 b case on us...i along with my parents and brother r accused in the case.the facts r that before the day my wife died...she lost her pregnency and in depression she comitted sucide.at the time of the incident i was attending an interview.my neighbour's gave me a call and asked me to come directly to the hospital.
when i went to the hospital she was dead.

all the facts r known by my father-in-law.
and he wants the case to b compomised.but demanding 6 lakhs and the above said property.
but we r not ready for compromise as it is the matter of our families respect.let the court decide it.

my question is what will b the situation of the property in the civil court.their witnesses were also cancelled.

will the case b in favour of me or in the favour of my father-in-law

Ramesh Tikamdas Bajaj   21 August 2012 at 09:34

Court of small cause court

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.
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)

yogesh   20 August 2012 at 22:47

Contact details of senior advocate for signing curative petition

Sir,
I have filed the Review petition (in person)against the order of SLP which was also unfortunately been dismissed by Supreme Court of India.Now I want to file the Curative petition which cannot be filed by petitioner-in person/advocate of record without having the signature of "senior advocate"..I am seeking the contact details of senior advocate for this cause..Kindly provide the proper path
Regards
yogesh

kumar   20 August 2012 at 22:28

Partition deed

Hi all,

1)Can Daughters give up their rights in father's ancestral property by taking mother's ancestral property in hindu family through executing partition deed?

2) Does partition deed works as release deed in the above case?

3) Do the daughters still have rights on fathers property?

Raman   20 August 2012 at 21:03

Hearing of clubbed slp petitions

Sir,
If 2 SLP petitions are clubbed in Supreme court In that case whether both will be heard separately or in clubbed form?

lokesh babu   20 August 2012 at 19:01

Land sharing

Dear experts
My father and his brother have 250sqy empty common housing land
Now my father’s brother ready to leave his rights on that land. Now my queries are
1. What is the way of registration required i.e. GIFT or any other type of deeds
2. My father requires a legally strong process.
Please suggest me, urgent

kamal   20 August 2012 at 18:47

Eviction of tenant

I DID NOT DEFEND THE SUIT FILED BY LANDLORD MY DEFENCE WAS STRUCK AND CASE POSTED FOR EXPARTE WHICH IGOT SETASIDE. AGAIN IDIDNOT CONTEST AND CASE DECIDED EXPARTE . COURT DIRECTED ME TO VACATE. IDIDNOT VACATE AND LANDLORD FILED EXECUTION. WILL COURT SUMMON ME BEFORE ISSUANCE OF WARRANT OF POSSESSION. CAN IDEFEND MY CASE NOW

yashesh   20 August 2012 at 16:40

Society maintanience

Dear All

Our society has 1BHK, 2BHK and 3BHK flats, wherein general maintainence is charged equally among the flats irrespective of the area. Now members want to change the lift and get new lift and garden and each flat would have to pay Rs 50000/-each. I have 1BHk and the area is half of the 3BHK area. It was ok when general day to day expenses were concerned , bt now there is fixed asset expense which is beyond our capacity . Pl advise whether I can ask the scoiety to charge it as per sq ft basis and not flat wise as this is not general maintanience

Thanks in advance

ASRAO   20 August 2012 at 16:33

Conditional gift deed

We have executed a conditional gift deed and transferred the ownership of the agriculture land to an Educational Society. We got the same registered also. There are two conditions:
1. The Society should use the proceeds of the agriculture income for the betterment of the education.
2. In the event of the educational institution promoted by the Society is closed or the Society is unable to provide education, the Society will transfer back the land at their costs.

The Society has not fulfilled the first condition. Can we revoke/ cancel the gift deed?

Regards,
AS Rao

arunkumark   20 August 2012 at 16:31

Gm

In a 16 member society only 5 of them are actual members as per share register.All remaining members are either members close relative/tenant/nonmember/defaulter member/share transfer not done. In such case as per the society bylaws the nonmembers/defaulter member/ proxy/members relative/poa holders are not entitled to vote or participate in the election process.Are voting of 7 members is sufficient to hold the agm and election process.Please advice.