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

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mohit bhardwaj   01 August 2012 at 14:38

Arbitration agreement

There is a unregistered partnership agreement between two partners and no such arbitration clause in said agreement. later on one of the partner signed a separate arbitration clause but it not contains second partners signatures. what is the validity of such agreement ??????

S K SINHA   01 August 2012 at 13:00

Non announcement of results of campaign

Madam/Dear Sir,
In response to an ad, I subscribed to two magazines namely Outlook Money and Outlook Business in Dec 2011. They had announced several prizes also. No closing dates for campaign was announced. Recently, I sent a mail asking abt closing date of campaign and publication of results. In stead of replying, they have written that I got a prize of two issues of a magazine.
On their site however , this campaign is still on. So how can they announce prize even before close of campaign? There has to be reasonable time for closure of a campaign. Here it is running for 8 months. they are neither closing the campaign nor announcing the results. What legal rights do I have. Pl help.
S K Sinha

ajithkumar.t   01 August 2012 at 12:44

A fraudulent will constructed by one family member

SIR,
TRIED FOR INTERIM STAY ORDER OR RELIEF. BUT THE LOWER COURT IS RELUCTANT TO GIVE THE RELIEF. WE APPROACHED THE MADURAI BENCH. THRY ARE NOT GIVING AND THE OTHER PARTY SENDING US CAVEAT ETC.
WHAT REMEDY SIR.

ajithkumar.t   01 August 2012 at 12:24

A fraudulent will constructed by one family member

A fraudulent WILL constructed illegally by one member of a family comprised of eight members and who is unauthorisedly acting as MANAGER of a higher secondary minority school in Kanyakumari district, tamil nadu.
The others filed a civil case for enforcing the ORIGINAL WILL where all the eight members have equal right of ownership and management.
But the case is pending in the lower court in kuzhithurai for the last three years.
We think that it will take several years to get justice.
WHAT IMMEDIATE REMDY AVAILABLE TO US, SIR to stop him acting as Manager of the School.
Whether any laws to take action against him for illegal creation of WILL and cheating the Govt: of Tamil Nadu by acting as unauthorised Manager of the School.
All the members of the family are running their 80 and 75 years of age.
What remedy available sir soon
PLEASE GUIDE US UNDER VARIOUS STATUTES IF POSSIBLE.

ALSO
Any chance to get justice in the Chief Minsiter Special Cell,Chennai.
Any scope under Human Rights commission
Any scope under the Womens commission
Sir, Please We want remedy soon because the culprit'
is taking benefits of the Deadly Delay in the Judicial System in the Country.
Please advise Constructively Sir.

sasankajyoti sharma   01 August 2012 at 09:16

Obstruction of light and air and other damage caused

Sir,
Two neighbors (namely A and B) are living in a village. A is contractor of a PSU and B is an employee of the PSU. B has good and permanent income from the PSU. A has occasional income out of his contractual work only. A is living in an Assam -Type house in his village whereas B is erecting a Two-storey R. C. C. building by the side of A's aforesaid house. The erection of the aforesaid building by B has obstructed light and air to A's house. Moreover, during rain the falling water from the roof of the B's building causes damage to A's aforesaid house.

So, A's right to air and light and right to live peacefully is violated by B's action. A served a legal notice to B on the aforesaid fact. But no reply has been obtained.

Now A seeks legal remedy. How will A get the remedy for exercising his right?

RK BHATIA   01 August 2012 at 07:36

Judgments on perjury cases - suo moto action by civil judge

My Opponent had first filed a criminal case against me before Metro. Magistrate's court under section 145 Cr. pc. wherein he falsely claimed his being in physical possession of my residential flat. After six months, he filed a Civil Suit against me, wherein he has stated that he was never holding the possession of the Flat, but claimed his share in the value of the Flat. I want to bring this contradictions to the notice of both the courts and I want to request both the courts to take suo-moto action for perjury against my opponent for making false and contradictory claims in two seperate courts for same subject, knowingly and under oath. Can I have few judgments by High Courts or Supreme Court in this respect?

rajan nair   01 August 2012 at 07:13

Appeal stages in state forum

a case won by me in cdrf is posted for EP on 22 nd aug 2012. However,the op has filed an appeal at the state forum and the same is admitted and posted on 05 sept 2012(admitted,interim stay,call for LCR and notice).I have not recd the notice so far. I am appearing in person for the case and I am not an advocate. Now please guide/clarify following.

1) since the appeal at state forum is admitted,is it mandatory that I appear at cdrf on 22nd aug?

2) If i do not appear,what happens?

3) now what are the stages of appeal at state forum?

4)is oral arguments compulsory ? or written enough?

Mohsinkhan   31 July 2012 at 21:32

Legal document custody

Hi
All
Res Senior,

My Grandfathers IsmailKha had 100 Acer agriculture land in our village. since 1878 we were the main Jamindar of the our village land. Our village promulgation completed in 1950 at the time the land was our name in register of tahsil record. Since 1917-23 my grandfa had been mortgage all agriculture land for period of 36 year to private party name was Gambhirsinh through the registered document no. 1/1917 and 3/1923. Gambhirsinh was rich man in our village. After the mortgaged period in 1959 my grandfa gone to paid amount of mortgaged land to released the land but the Gambhirsinh did't accept the amount of mortgaged land after that my grandfa go through the court to evict the possession of above land. The Hon'ble court directed to evict possession of Gambhirsinh and released the all land after the paid amount of mortgaged land in decree in 1955. After the decree my grandfather paid the amount of mortgaged then after they not evict the possession of the land. During the period of 1970 to 1980 in the juridictional court occured fire incident and during the occurrence the wholly important documents burn in the incident. In 1981 my grandfather passed away. in 1983 Gambhirsinh also passed away now our land have in third party possession. we are middle class family.I want to get back our land through the legal fight.At the time my family was illiterate they did't gone to further proceed now i have decree but some page of the decree we lost. we have't registered document. After the long inquiry we have know that the all registered document has been in the taluka executives magistrate custody. I need Hon'ble civil expert lawyer's help who guide me to following query.

(1) The original registered document of the mortgaged land in the taluka executives magistrate custody. how can i get back the wholly regi- original legal document ?

(2)if i ll go to the RTI or direct in the Executives office they will hide the document and may be i lost the chance..

(3) What can i do ? institute sue in the court? or i will produce the decree in Taluka Executive Magistrate to register our name in Form 7/12, 8 A ? what will the limitation period ?

(4) what is the proper way to get back our right's our property ?

pls Help me...

yours
M.A.Koreja
Advocate
Gujarat

Ramakant Tiwari   31 July 2012 at 21:03

Obstructions against the dispossession

Dear Sir / Madam,
I have taken up the property under leave and license agreement for 20 years by landlord in the month of july on 18/7/2005 a premises of (10*10) in thane in chawl, but i was unaware of the litigation filed by tenant against the landlord, who was the prior resident of the said premises........
Now the problem is that tenant has got the decree from the thane district court for the possession of the said premises and now i came to notice that there was some litigation file aginst the said premises in the court of law

Please suggest me urgently before my disposal to avoid in terms of obstructions

Case was file against the landlord under specific relief act for possession and injunction and please suggest me the best lawyer in thane .....
Case was file on 20/7/05 AGAINST THE LAND LORD

hari sri chunduru   31 July 2012 at 17:58

section 5 limitation act

i have filed section 5 limitation to set aside the dismiss for default there if delay of 15oo days the reason explained that the petitioner could not contact the counsel for the reason that the petitioners mother expired in the mean time this petition was gain dismissed and a petition for setaaide was filed for delay of 133 days and the subesequently the petition for 133 days dealy was allowed after paper publication after the allowing the petition the court has dismissed the section 5 petition after 3 years of allowing the 133 delay petition what are supreme court judgements that 1500 days can be allowed