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

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suhas digambar kharadkar   20 July 2010 at 16:49

Order of District Court

As stated earlier we have filed a regular civil suit against our relatives for a partition and share in a ancestral property and injunction uptill the suit is heard. Since the ralatives have entered into a developement agreement with a builder the builder is one of the defendentin the suit . The court has passed a status quo order to our relatives. The status was passed in Dec 08.
Now since the status quo order is passed and the application for injunction ( NIshani 5 ) is being heared . The builder can not do anything to the property . Now the builder has filed a special civil suit against us to pay the heavy damages and application for attachment of our property since he is incurring heavy losses due to status quo order. We have applied in the district court under rule 24 of cpc to transfer the suits in one court. The district ordered the transfer of both the suits in one court with a instruction to hear the suits and said that both the application for injunction and application for attachment of property be heard in a 6 weeks time?

It is surprising how a time limit can be framed by the dist court.Is there any way out . Can we appeal in high court against this order. ? Or should we wait for the decision of the court on the injunction and application for attachment and then appeal in high court if the oredr goes against us? Your exert decision is required

Anonymous   20 July 2010 at 16:40

Conveyance of land in favour of society & registration of ag

We bought a ownership flat in a under construction building in 1990 and got possesion in 1992. As is usual builder did not get OC from BMC and as on date even the land is not conveyed in favour of the society. Builders were a partnership firm and now their where about is not known. The earlier managing committee was hand in glove with the builders and so they never put any efforts for OC, Conveyance of land etc. Due to this even the sale agreement could not be registered although applicable stamp duty is paid by me.

Now my queries to honarable experts are as under:

a) How do I register the agreement without builder's confirmation ?

b) How the society can get conveyance of land without cooperation of builders?

With warm regards,

Anonymous   20 July 2010 at 16:34

Money recovery

I had lent some money to a Person in 2005.I had the signed and duly witnessed agreemnet made on stamp paper with me,which had got misplaced.The person expired in Jan'2007 .Recently,I found the original agreement during house cleaning.When I showed it to son of the person and asked for money,his son flatly refused to entertain me.Already 31/2 years have passed.Can I do something about it?

kanishka singha   20 July 2010 at 14:12

civil marriage ceremony between christians

my fiance is a catholic christian from goa and i am a protestant christian from north india. We wish to get married in a church in goa as that is her home state.
according to the catholic church rules, one NEEDS a civil marriage certificate before we can solemnize the ceremony in a goan church.

however, i want the civil ceremony to happen in gurgaon ,haryana as it is my home state and so that my handicapped father can atttend the ceremony.

the district commisioner has refused us this marriage as he says we have to get married only in a church

under what act can we get a civil certification of marriage in gurgaon and at the same time comply by the church by-laws in goa?

thank you for your help

regards
kanishka

Anonymous   20 July 2010 at 13:56

Cyber Laws

Sir,

If my email Id is hacked and photos are being used for some unusual purpose what is the remedy for that, how can I approach the legal forum and do I need to file an FIR for that..what is the further course of action on that.

Anonymous   20 July 2010 at 13:43

TDS on club sbscription.

IS TDS is decuctable on the monthly subscription paid to club by a company for emplyee.

if yes then under which section and what will be TDS Rate

shashi   20 July 2010 at 13:06

right in ancestral property

my father who died in apr2000,was having two wives.first marriage was done in 1960 while second one in 1973.he was having one daughter from first one and from second one two son & two daughter.All were living happily.
1. After a gap of 22 years, first wife filed a court case for property and all reirements benefits in 1995.
she was given half of property only. In place of retirements benifits family pension was given.
2. Now the case is in High court. I am the son from second marriage and want to know the effect of SC verdict on 26 may2010 about ancestral property right.
NOTE-All property are ancestral
All family members(uncles&villagers)had given court appearance about the consent of first wife regarding second marriage.
Is full share will go to her(grand parents are no more and property is with me)

Anonymous   20 July 2010 at 12:35

is licensee reqire to be a real estate agent ?

respected sir,

just wanna knw is licensee required to be a real estate agent dealing in property ? is thr any prohibition frm gvt as such becos many agents say thr is no licensee in real estate agent , just thr is a membership no , so kindly guide for the same .if licensee is not thr than why do police ask question do u have alicensee? wht does it mean ?
if such a thg is thr than kindly gv me details how to get it i wanna apply for it .
regards,

Anonymous   20 July 2010 at 12:16

Letter of Administration

Hi Please any one provide me the format of the letter of administration for the transfer of shares

Thanks in advance

J. P. Shah   20 July 2010 at 12:09

DELAY AT CIC/SICs


It is common experience that appeals and complaints lodged with Central Information Commission/State Information Commissions [CIC/SICs]are inordinately delayed, as there is no time limit fixed for them to decide, unlike PIO and FAA under RTI Act 2005. There are time limits for applicants also.

Right to Information is a fundamental right under article 19.1.a of Constitution of India and RTI Act 2005 is procedural law to operationalise fundamental right.

Unreasonable delay on the part of CIC/SICs amounts to negation of this right, since delayed information becomes useless for citizens. Under the Constitution, no one has authority to interfere or negate fundamental right of citizen, except by due process of law. Thus CIC/SICs are routinely committing bluntant breach of citizens’ fundamental right guaranteed under article 19.1.a, without any process of law, by inordinately delaying decisions and their timely compliance.

Governments also indulge in clandestinely creating such conditions so that decisions are delayed at CIC/SICs; say by under staffing [including ICs] , selecting inefficient ICs and other staff, not providing infrastructure for efficient working of Commissions etc. This is done to frustrate citizens against using RTI Act.

To improve upon the situation, is it possible to file a PIL against Govt. of India, State Govts, CIC and various SICs in Supreme Court of India? Our learned members may cogitate upon this idea and comment.

12072010