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

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Ramkrishna   08 May 2012 at 19:41

Rti on sale deed

Sir,
I applied for a copy of SALE DEED under RTI with the muncipal corporation, of one of our flat owners who has made an illegal structure by occupying the common area.
The muncipal authorities say its a third party document and it can be given only if the flat owner agrees to it.

pawan kumar   08 May 2012 at 18:30

Appeal ag. ordes of lower court

lower court has passed eviction orders on grounds of non payment of rent.case was decided exparte for the reasons not filing w/s nor appaearing on various dates fixed by court..pl. guide in how many days appeal can be preffered in session court i.e court above lower court. before filing appeal is it necessary to pay rent arreaers

kishore   08 May 2012 at 18:24

Sale deed excuted when property in court

sir....
A( A is owner of the property located at hyderabad ...and registration on her name...she written willdeed in 1999..next she cancel willdeed to B....A DIED LATER..but property is own earned property not ancestral property )
B ... (B the adopted daughter( i mean no registration done as adopted daughter but she born and live with till her marriage)
C...( C is the A's husband brother ..i mean he is a family member ...next C ..challenged in court abut case on B ..THAT WILLDEED BY A IS CANCELLED ..NEXT HE IS OWNER OF THE PROPERTY).....
later the property was in possesion of B....next while the property is in dispute B made a saledeed agreement with new person X...)
....i wanna know that B has any right sell the property to X..the property which was is court case....
is this valid transaction or not...next they B and X made unregistered saledeed agreement ....whether i wanna is this valid transaction...is there any criminal case to book on B and X selling of disputed property in court....
next how to stop rents collected by X....from property....

Anjali Arya   08 May 2012 at 16:18

Impleading the legal heirs of judgement debtor

We have got a Decree (for Possession) against 2 Judgement Debtors Ram & Shyam.

JD Ram died on 2-2-2009 during execution proceedings. We (Decree Holders) do not have the details of his LRs.

Therefore Judge directed JD Shyam (brother of JD Ram) to provide the said details.

But he is not providing the details since last 3 years despite repeated directions.

My Query :

1. Is there any time limit for impleading LRs ?

2. What if we proceed Execution Proceedings without impleading Heirs of JD Ram ?

3. What shall we do now ?

K.K.Ganguly   08 May 2012 at 12:21

Charges against fema

Would the Ld. Members kindly opine on the following?

1) A bright & idealistic ex-student of Ramkrishna Mission, Narendrapur & silver medalist of IIT, Mumbai was appointed with an IT Firm at Kolkata with a very high salary.
2) He was sent to USA 5 times in the year 2008 on business visa though the job assigned to him at USA was to write codes.
3) He was told to open a Bank account at USA & was forced not to close the said account when he finally returned to Kolkata.
4) Pressure was put on him not to close his said Bank Account from Kolkata & there was some efforts from his employer to deposit a cut (2%) from their billings to overseas customers.
5) After finding the ill efforts of his employer the said employee closed the account by making telephone & by sending email to his Bank at USA.
6) The said employee was terminated on some flimsy ground (for informing his office that he will be on leave as was allowed to him earlier against his earlier leave application) without any explanation call or show cause & his release certificate (which is a must in software industries for getting fresh jobs) was never issued purposely to settle score as a result of which the employee is still unemployed for last 4 years & his career is ruined for good. His pending dues were also not paid to him.
7) The employee now wants to file money suit claiming damages created to his future earnings.

My question is
a) Apart from filing recovery/money suit what are the other remedies the employee can ask for? Under what sections please?
b) If the employee brings the incidence of the employers forcing him not to close his USA Bank account while returning from USA for their unlawful gain to lime light will it back fire & attract charges under FEMA on the employee?
c) Can any criminal charges be brought against the employer? What will be the sections?

ankit gupta   08 May 2012 at 12:16

Consumer case in district forum

dear concerned

the case relates to theft of car two years back.

the claim was repudiated and we lodged complaint in the consumer forum, delhi vikas sadan.


on notice, the OP asked to settle the matter to which we agreed.

that from then around 6 dates have been taken by them for examining the file, and this time a new legal manager of insurance company came and said that they want time to see whether they want to do settlement or not.


please cite the relevant judgments in this context where any court / tribunal/ forum has said that once the settlement is opted then the OP can not deny the same. or in similar context.


please reply ASAp.

regards


ankit gupta( Advocate)

Maran9500028999   08 May 2012 at 12:07

Whether housing board property -can be registered as settlement?

Dear all,
Sir, housing board property was alloted to my father in the year 1955 under TNUDP. In the year 2000,we have paid Rs.5834/- as full payment to the housing board. But so far we have not received any document. My father have in hand only Estate officer letter -FORM P1B & APPLN FOR ALLOTMENT FORM P1A and water tax, eb all are in my father name. we got information through housing board, that the property will not be registered now. We need money for my sister marriage. I went to lawyer, who informed me to make settlement deed and to keep mortgage. I would like to know, if i make settlement deed on my father and keep mortgage for my sister marriage, and infuture, can i build house getting loan from bank or to sel the property to another person. Kindly tell me the possiblity.Please

Vijay Sharma   08 May 2012 at 10:48

Making a trust for a temple

Hi,

I have a query regarding the making of a trust for a temple in delhi. My family owned a land where a temple have been constructed by my great grand father & all the electricity/water bills are in my great grand father's name(he's no more now).Some of persons are pressurising us to make a trust for this temple which we don't want to do. Is there any possibility that they can make a trust for that temple without involving my family or without taking the docs related to this property.
In-case they'll do so, can we take some sort of leagl action?

Please help & suggest.

Thanks.

Abhishekl   08 May 2012 at 10:06

Divorce

After 498A filed by my wife...I and my wife did an agreement in Mediation Centre High Court that we will live separately without seeking divorce till we decide otherwise since she was not ready to give divorce.
For last three years I am giving her maintenance as per agreement. I have one son as well who is with her mother and now 7 years old.

I can not live with my wife at any cost. But she is not giving me divorce as well. As far as agreement is concern, there was no limit mentioned that how long we will have to live separately.

Is this not violation of my fundamental right.

May I go further to seek divorce and what will be the best way to get it.

How can I take custody of my son back?

V.N.K. MENON   08 May 2012 at 08:27

Motion before high court

Dear L.C. friends,

I would be grateful if Ld. Friends throw light on the essentialities including case category for filing a written motion, besides oral motion, in the High Court (Delhi) to dismiss suit/pleadings/ w.s. etc of other party on account of subscription & verification by duly unauthorized person in accordance with Order 6 Rule 14 and Order 29 Rule 1 of the Code.

Thanks