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

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mahendrakumar   06 July 2012 at 06:39

Consumer case appeal

in a consumer case before a cdrf the complainant got the judgement copy on 10/3/2012 and filed the execution application.

the EA was posted for hearing on 15/6/2012.

the OP appeared and pleaded that he got the copy only on 14/6/2012 and as such no cause of action for EA. the forum posted case on 03/8/2012 for compliance stating that it is a lapse on the part of the office.

a} what are the options available before the complainant ?

b) is the op eligible for filing appeal before state forum upto 03/8/2012?

the complainant suspect some foul play in the 3 months delay in despatch of the judgement copy.as such the query.

akash   05 July 2012 at 21:21

Abusive language on email and sms

Hello experts,

I am a director in a private limited company and a fellow director of the same company has been using extremely abusive language over email and sms. I have cautioned him multiple times over not using such a language (I've never used it myself on record). I have all the email and sms as evidence and have replies asking him to abstain from using such language.

Please tell me what are the options available- Should I file a police report? Should a legal notice be sent (under IT act)?

Is the evidence, in the form of his emails and sms, sufficient?

ganeshram gupta   05 July 2012 at 21:20

Cheque

sir
i handed a cheque of rs 1 lac w/o payee name,who encashed in another name. i gave also a promissory w/o name , now i am facing suit .
how can prove there was also a cheque which was encashed filling anothr name . any ruling sir ?

VIJAY K. TEOTIA   05 July 2012 at 21:01

Evidence

Is the written opinion of writing expert is admissible in the court as evidence?

Sandeep   05 July 2012 at 16:39

Consumer redressal complain against telecom co.

I was a subscriber of a telecom co. and was using internet services provided by the co. There were service issues due to which I decided to discontinue the services. The services have already been discontinued and the equipments have been surrendered. But I am still receiving bills from the co. and I am also receiving threat calls (seemingly hoax calls) that legal action has been initiated against me for non payment of dues.

Please advise me whether I can file a complain in the Consumer Redressal Forum or not, in view of the following judgement of Supreme Court (copy of judgement is attached):

Markandeya Katju & Asok Kumar Ganguly, JJ. GENERAL MANATER, TELECOM—Appellant
versus
M. KRISHNAN & ANR.—Respondents

Also suggest any other remedy available to me. Thank you.

amit   05 July 2012 at 15:26

Power of attorney

A father, ‘F’ due to his illness, gives a power of attorney to his younger son, ‘R’ to run his school on his behalf including bank transaction. Now, elder son, ‘S’ comes to know that ‘R’ is misusing Power of Attorney.
Q.1 – Can ‘F’ make another Power of Attorney for elder son, ‘S’ to watch over, scrutinize & cross cheak the bank accounts and activities of ‘R’?
Q.2 – Can another power of attorney issued by father in favour of ‘S’ to cross cheak bank accounts, shall be valid or legal, without Revoking the previous Power of Attorney of ‘R’?
Q.3 – Any other solution for ‘S’ to cross cheak bank accounts and ‘R’? (since father is not in a position to move & suffering from serious illness).

vijayshukla   05 July 2012 at 14:39

Regarding divorce

My nephew went to mauritius and got married to a local girl on insistence of her parents. Somehow the girl,s parent were happy in biggining ,but later made him work as a kiosk worker to sell eatables. after 8 months girl,s parents send him to India on pretext of business and informed him not to return to mauritius. He was married in that country legal marrige courtafter changing relegion as muslim. please advice what he shoulddo to obtain divorce leglly from that country court .He wants to do this from India only.

VIJAY K. TEOTIA   05 July 2012 at 14:23

Rti applicability

1. Is RTI Act applicable to the scientific society registered under the society registration act?
2. Can a member of the management committee ask certail details of newly admitted members under RTI? new members were admitted and approved by the management committee of which the applicant is one of the member.

M Satyanarayana   05 July 2012 at 09:08

Partition suit vs. unregistered relinquishment deed

Sir,

When the Supreme Court has confirmed the Partition Suit for 3 equal shares in the property. When one of the party creates a unregistered and fake relinquishment deed and holding this particular deed can the litigant stop the final decree proceedings. The party against whom relinquishment deed is created raised objections in the trial court. What are the chances of considering such fake andbogus relinquishment deed in the partition suit that also confirmed by the Supreme Court. Since the suit is continuing one can it be taken as filing of additional document in the present final decree proceedings to stall the bonafide final decree proceedings.

Please clarify what is the legal remedy to deal such fake and sham relinquishment deeds when it is filed in the court.

Thanking you,

MSN.

anoop   05 July 2012 at 07:58

Loan against morgage

RESPECTED SIR, THANKS FOR GIVING US AN OPPURTUNITY TO CLEAR OUR DOUBTS FROM AN EXPERT LIKE YOU.SIR, I DO HAVE A LONG PENDING ISSUE.IN 1986 MY FATHER AND HIS FRIEND STARTED BUISNESS BY PLACING MY MOTHER"S PROPERTY (WHO IS HOUSE WIFE)AS GUARENTOR.( SHE POSSESSED 30 CENT OF LAND). THEY HAVE MORTGAGED/GUARENTEED(NOT SURE)THE PROPERTY FOR CC LOAN . THE PLACE MORTGAGED IS IN ONE STATE AND THE LOAN GIVEN BY BANK IS FROM ANOTHER STATE. HOW IT HAPPENED AT THOSE TIME, I DONT NO. LATER BUISNESS COLAPSED AND NOTICE WAS ISSUED BY BANK IN 1989. AS WE WERE AWAY FROM HOME FOR LONG 15 YRS, V HAVE NOT RECEIVED ANY COMMUNICATION TILL ANOTHER NOTICE IN 1998. WE NEVER FOLLOWED UP THE CASE. FROM NOTICE RECEIVED IN 1998, WE GOT THE CASE NO.AFTER OS OF 1989, EP WAS FILED IN 1998.WE HAVE NOT REPAID ANY THING, BUT NOT SURE OF OTHER PARTNER( V HAVE NOT SEEN HIM SINCE 1989) THAT WAS THE LAST V HEARD FROM COURT AND BANK (THAT IS 1998),. SIR PLS TELL US AFTER LONG 26 YRS BANK STILL HAS CHANCE TO MORTGAGE OUR PROPERTY, FATHER HAD DIED LONG AGO AND THE PROPERTY IS STILL IN OUR POSSESSION, EXCEPT A LIEN WAS SEND BY COURT AGAINST SALE OF PROPERTY IN 1998. THEN FURTHER NO ACTION WAS TAKEN. AUCTION DID NOT TAKE PLACE OR BANK HAS NOT TAKEN OVER THE PROPERTY. SIR PLS GUIDE US WAT TO DO TO REMOVE LIEN. WE HAVE APPLIED FOR VERDICT COPY OF EP/1998.WHAT IS THE LIMITATION PERIOD?

SIR YOUR REPLY WILL EASE A LOT OF TENSION AS WE WANT TO BUILT A HOUSE ON SAID PROPERTY, AS WE HAVE GOT NO OTHER WAY. SIR PLS GUIDE US WAT TO DO.

THANKING YOU.
REGARDS.