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

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pratik   08 June 2012 at 15:33

Mother.

Meaning of genetic mother, a commissiong mother & surrgoate mother.

because i have heard that birther certificate will be in the name of genetic mother only.

also meaning of biologica mother & father as per the maintencance of parents & senior citizen ship act 2007

thanks.

shrikant   08 June 2012 at 15:32

The bombay shops andestablishment act - 1948and maharshtra rules -196

Respected members please post The Bombay Shops andEstablishment Act - 1948and Maharshtra Rules -1961

Mohan   08 June 2012 at 14:10

Is suit not possible?

Dear Experts:

Details of my Sale Agreement:

Clause 23 of SA : "Without prejudice to the rights under this Agreement each of the parties are entitled to seek specific performance of this agreement"

Clause 19 is the Arbitration clause and Clause 22 says jurisdiction for all action will be at Bangalore only.

If I file a SP suit will it be admitted? Can I file at consumer forum Delhi?

kashif   08 June 2012 at 11:09

Resjudicata

With respect to a certain agricultural land in Bijnor U.P ( the khata khatauni of which contains at least 10 names including Mr A ) , the competent revenue court decided the issue ( in a suit filed by Mr A under UPZALR section 229 B ) " wheather the plantiff Mr A is the sole bhumidhar of this land " in negative and decided that all the 10 persons whose names are recorded in the khatauni are legal bhumidhars. This case was decided in 1984. All the 10 persons were party to that suit. Now in 2012 Mr A again filed a suit but this time in a civil court and the civil court framed one issue same as the previous ( wheather the plantiff Mr A is the sole bhumidhar of this land ) . Does the principle of Resjudicata according to section 11 of CPC apply in this case.

MANU   08 June 2012 at 00:20

Gift deed

My father purchased a property in his name from funds given by my maternal grand father as my father was very poor,but now he had gifted it to his illegal wife and illegitimate son quoting they both are legal to void stamp duty.
my mother is a legal wife and not divorced have 6 children. but now he cheated all of us. can this gift deed challenged in the court.if so please let me known what is percentage of win.and also on what grounds it can be challenged.

Dr C Suresh   07 June 2012 at 21:45

Unmarked document

Sir can you please give me citation of Hon Supreme Court judgment declaring that Unmarked Documents cannot be taken as evidence and it cannot be relied upon.
Thank you sir

Dr G V Rao   07 June 2012 at 20:50

Legal heir certificate

An educated elderly lady was misled by her relatives to exclude the name of her eldest daughter in her application to the Revenue authorities for release of a Legal Heir Certificate. This certificate was required by the elderly lady for getting her late husband's pension for her. The revenue authorities of AP issued a certificate with names of other two children and excluded the eldest daughter. Now a situation has arisen that the eldest daughter angered by this is threatening the elderly lady of a legal case against the elderly lady for getting her pension stopped. My query is 1) Can such lapse of giving false information to Revenue authorities be a ground for stoppage of pension. 2)Is this illegal.

Hari Om Maheshwari   07 June 2012 at 20:46

Property bought on power of attorney

In the year 1989 I bought a residential flat of a leasehold property (L & D O) on registered agrement to sell + POA + WILL + possession.

The property has been mutated to my name in MCD Records. I have also been paying property tax ever since 1989 and have been residing therein.

The sellet has passed away. His legal heirs have no problem in executing the sale deed once the property becomes freehold.

Problem is the it is a leasehold property of l & D O. Though l&DO is agreeable to convert the lease into freehold property but they are insisting that any unauthorised construction on the property must be demolished. Since the entire construction is contrary to approved plan, the legal heirs do not want to even apply for conversion of leasehold property into freehold.

Kindly let me know, legally, what is my status and what action shall i take to protect my right.

rajesh kumar

pawan kumar   07 June 2012 at 20:20

Execution ofeviction orders

when suit ag. tenant was filed tenant appeared as summons were issued properly and subsequenly also appeared now while filing execution does summons will be issued afresh

Suresh Parthasarathy   07 June 2012 at 19:24

Negotiable instrument act 1881 - liability of the drawer on inchoate instrument

Drawer of a cheque signs the instrument (date and amount in words/figures left blank)and delivers to the payee for a business consideration an inchoate / imcomplete cheque. The payee(holder in due course) / III party completes the incomplete/inchoate instruments by filling up the date & amount ( may be excess / short of the business consideration due to regular business dealings / loss in transit of the goods etc etc ) & presents for payment to the drawee. The drawee dishonours the cheque due to insufficient funds in the account of the drawer at the time of presentation of the cheque. Is the drawer of the cheque liable to the holder in due course under sec 138 of the NI ACT ? Can the payee (holder in due course) proceed against the drawer for recovery of the amount under Sec 138 ? Please advice with reference to Avon Organics Ltd V Pioneer Products. NI act under sec 20 says, the drawer of the instrument is liable to the HOLDER IN DUE COURSE. There is dis-connect between the judgement of the case referred above and the NI ACT - section 20.