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

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Ramesh   22 July 2012 at 12:09

Notice to tenant for vacation of premises

I have a property rented with 11 months agreement. The agreement expires on
30-Nov-2012 and I have asked the tenant to vacate the premises as I will be self-occupying the premises giving him one month notice as it is a clause in the agreement. The tenant is saying I will not vacate the premises and he is not ready to say a date on which he will vacate. What to do legally in such circumstances? Also the property is in Trichy. Can I file a suit in Chennai?

Arvind Singh Chauhan   21 July 2012 at 23:18

One more please

Sir,
Govt imposed ban on sale of particular area. Against which land owner filed writ in high court. In 2008 high court passed order " Parties are directed to maintain status co"

Now the Administration is using force on the construction of people who have bought land from owners or have lease on that land from 2005 or before. These people are not party in High court. SDM just seized the revenue record of that land. SDM is removing construction and issuing notice to such people " why contempt proceeding should not be started against them "

My query is-

1. Whether SDM can do so or may use force for removing construction. Is his step is legal, without any order of high court ?

2. Whether he can issue such notice or may start contempt proceeding itself.?

3. His step as seizure of land record is not contempt itself ?

4. Whether aggrieved people may initiate criminal action against Such authorities who are taking law in their hands.

Sudhin2218   21 July 2012 at 22:17

Defendant filed an additional written statement after plaintiff filed an ammendment !!

I've scenario, where Defendant 1 passed away and plaintiff has made any amendment saying that defendant 1 passed away.

Since the defendant 1 has passed away .. defendant 2 to 6 has filed an additional written statement and around 25 to 30% of change made in additional written statement compare to Original written statement.which was filed in the beginning of case around 4 years back. The change is needed because of Defendant 1 death.

Now Plaintiff has filed an application to reject the additional written statement filed by defendant 2 to 6 .

My question is... does defendant 2 to 6 has a right to file an additional written statement at this stage ? If so.. what act that supports defendant 2 to 6 to file an written statement? are there any supreme court judgement that supports above contention?

JAIME   21 July 2012 at 14:04

Importance of verification and affidavit if defence replies

Sir,
My lawyer filed a reply on my behalf against an Application for Mundkar pertaining to my property but did not have the reply verified and sworn on oath vide Affidavit from me that the contents are true. In this regards will such a reply be valid in Court and after the departure of the same Advocate can I at the earliest stage obtain permission from concerned Court to file my verification with affidavit in the said reply. Thanks your advice.

Ramesh   21 July 2012 at 13:09

Army claims ownership of a peasant land, taken on lease by them !

By virtue of Andhra Pradesh state Inam Abolition Act 1955 (Telangana Area), can a Central Government Organisation becomes owner of an Agricultural Land; who has taken this particular land on LEASE from the Inamdar? The Central Government Organisation says they are the owners, because they are in the position of the land on 1-11-1973 ( the vesting date, as per the above Act.)! High court of Andhra pradesh, negated this claim, but Army is approaching Supreme Court for the adjudication.

Thanking you ALL expecting an early reply PLEASE. Matter is little URGENT nature Please !

Sreyashree Mallick   21 July 2012 at 08:11

Need noc for changing attorney

Dear Sirs/Madams
I have a very catchy situation here. I I am 72 years old, I was working with my lawyer for the past 2-3 years without much problems. Recently she came to know that my kids are in the United States and she started to charge me a hefty fee for every visit. This is to the extent that i paid Rs 26000+ for 6 court dates in the past 4 months. And for none of these dates, the Lawyer didn't need to contest anything. They were mostly date changes because of either the opponent or the judge not attending the courthouse.
Before this payout of 26000 (Deposited in her bank account), i had paid about 10000 in Cash. When i paid in cash, i was not given any receipt saying that they dont provide receipts.
I recently figured out (with the help of a different senior lawyer) that she had done 5-6 major mistakes in my case because of which my case has become weak, and we required to take extra dates.
I went ahead and told her that I am relieving her of her services. But, she is not letting me go. She came back to me saying that i owe more money to her and like things. She has never produced any bill/invoice to me, and I have always paid whatever she had asked for. She has threatened me that if i dont pay, then she will not give me No Objection Certificate to my new lawyer. Moreover, she has threatened me that she will file a lawsuit against me for not paying her renumeration.
I am a bit confused about what to do. I am an old man and aged like a fatherly figure to most of you. If you can please help me battle this. What do i do now?

1. How do i get this NOC?
2. How can i contest her in court if she files a lawsuite against me? 4 Months ago, i started depositing cash in to her Bank Account so that there is a Monetary Trail. this is because she had earlier denied that i had paid some money in cash. With no receipts, i could not fight much
3. Also, I have never been provided any bill/invoice for the services rendered. Nor have i signed any document which says that they are charging XYZ amount for the services provided on a given date. Nor do i have any receipts for the cash that i have provided

My Lawyer friends, I have worked previously with other lawyers without any discomfort. But, this greedy lady is a black spot on this profession. Can you please help me with your advise?

Raman   21 July 2012 at 01:11

Keeping an employee temporary for years is exploitation: supreme court

Keeping an employee temporary for years is exploitation: Supreme Court
This order was given by Hon'ble Supreme Court in Radha Dubey case vs Govt of NCT of delhi in which petitioner was employed for more than 10 years on contract basis and the matter is still pending before the court but has given some relief to the petitioner

If allied matters( on removal of adhoc services) are pending before the Supreme Court but differnt bench , how can such matters be brought to the same bench, so that aggrieved party be also given same relief..Kindly quote any rule/or application which can be filed before the registry of Supre Court?

gaurav   21 July 2012 at 00:40

Property dispute

,
just guide me on this.
I have acquired title in the property in 2000 on the basis of gift ded executed by my mother..but i am only in partial posession as one of my younger brother who has already relinqushed his share in favour of mother is residing in the property as licencee. i have issued him a legal notice in way back 2003, where i terminate his licence and asked him to vacate the premises. thereafter as he had no other alternative arrangement so i allowed him to continue residing in the property but now i am planning to file a suit for eviction. can you tell me the period of limitation for the same? or else i have to issue a fresh notice again as i have only photocopy of receiving of notice to him in year 2003 with me. original records cant be traced out from post office as recorda are weed out. plz help urgently.

Santosh S. Avhad   20 July 2012 at 20:29

Jurisdiction for arbitration

Sir,
The applicant has filed arbitration application along with statement of claim against the financial company as per the byelaws of the Depository namely Central Depository services (India) Ltd. (CDSL)at mumbai after completing the necessary formalities of appointment of arbitrator with the consent of the parties at mumbai. The arbitration award goes against the applicant. Now, he filed the arbitration petition before the district judge pune at pune under section 34 of Arbitration and Conciliation Act, 1996 with prayer that the set aside the impunged order.

Pls inform/advice for the jurisdiction point for filing the objection. whether it is proper jurisdiction or not. it is correct then under what provision or not then also under what provision. pls submit any authority or judgement.

M.Susairaj   20 July 2012 at 20:20

Mv act- compensation

Dear Experts.
A child met with an accident( hit by a bus) when it was 5 years and sufferred grevious injuries.Now the child is 18 years old. The parents did not make petition for compensation at that time.Now child completed 18 years and wants to make a petition for compensation.FIR has been filed by the police and all the medical documents are there.
Kindly advice on the maintainability of the petition and how much compensation can be claimed?