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

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rdburmanmusic   17 July 2010 at 16:45

after false 498a effect on wife

sir i filed divorce, later my wife filed false 498a went without informing. after 1 month with some mediator she told she vl be back to stay with me!!! (to create scene and file planned other cases on me) i refused and told i have faith in justice i will never join her as i lost faith in her when she filed false case. they are ready to withdraw case but i know her and her fathers criminal mind. i m sure shot never allow her to stay with me once again let divorce be at anytime because she has done such dramas many times and sacked me.any suggestions?

Anonymous   17 July 2010 at 16:38

Arbitration

In a case wher PARTIES ARE from two differrent location enters in a agreement at DELHI for a property which is situated at GHAZIABAD and mentioning in arbitration clause THAT the place of arbitration proceedings SHALL BE HISSAR and the jurisdiction of CHANDIGARH court shall have exclusive jurisdiction due to common branch office of both parties.

Kindly answer these questions?
1. where should we file application for section 9 and thereafter for sec.11?

2. Whether the CHANDIGARH COURT can be a place for interpretation of agreement?
3. Whether the court where document was executed can entertain ANY APPLICATION OR PETITION?

Anonymous   17 July 2010 at 16:30

Arbitration

Dear All

I want to know that in a lease deed where the arbitration clause ids mentioned for referring all the disputes and differences arose between the parties in respect of the agreement -the matter shall be decided as per arbitration concilation act

In this situation if there is a clause that on the expiration of the period of agreement sthe lesse shall vacate the property peacefully - but lessee intentionaaly after the period is not vacating the property and saying what ever rent you want tocharge we are ready to pay and depositing the enhance rent more than market value in my account with out renewing the deed/my permission.

Let me tell that for eviction purpose where should we go either in arbitration or civil suit for eviction? and what grounds?

Anonymous   17 July 2010 at 16:01

bye laws

whether the amended bye laws are applicable to previous registered society.

Anonymous   17 July 2010 at 15:44

Caste Certificate

I am in possession of MBC (Caste Vannar) certificate issued by the state Government of Tamil Nadu. I was born and brought up in Delhi and also completed my education, etc., in Delhi only. The concern is that the employment exchange office of Delhi refused to accept this caste certificate and asked me to get the certificate from Delhi only. I would like to seek your advice, whether I can issue OBC certificate from Delhi, even if I am in possession of MBC certificate issued from Tamilnadu.

gaurav   17 July 2010 at 15:14

138 ni act

sir one person has lent around 4-5 lakh each to around 50-60 persons who are govt employee in cash and now he has filed complaint case under sec 138 n.i.act.he does not have moneylending licence and doesnot show that loans in his incometax return.he does nt have any source of income 4m where he can substantiate that money amounting 2-3crores.in one of case we have asked him in cross about these cases and he has admitted the same.nw the matter is in final arguments.is there any citation abt legal enforceability of debt and nw is there any legal remedy available like writ or any other remedy which helps us in proving that debt is not legal.plzzzzzz help us we are poor govt officers in clerical grade and that person has misused 138 by filing arbitarily amounts

Anonymous   17 July 2010 at 14:58

Alteration carried out in my own flat in Thane(W)

I had given the application to society, citing the alterations to be carried out in my flat. It was however in general but not very specific.
I have made the following alterations-
1. In hall , the 2ft (w) x 8ft(L) balcony was made usable since this area was lying unused, unhygienic , used by pigeons for nests and laying of eggs. 3 ft existing window wall (inside wall of the balcony) removed. Full size window is made, shifted till outside area of the balcony (however within the grill limit)
2. In Kitchen, again the 2ft (w) x 6ft(L) balcony was made usable for the same reason. In the balcony area, cupboard /storage area (of earlier wall height) is made by – removing existing 3 ft brick wall on inside part of balcony, outside part covered with brick wall of 2 ft and the window is shifted till outside area of the balcony (however within the grill)
Such type of alterations has been made before. Even the window grills are extended in all the flats.

Upto 6 months, there was no complaint by the society but afterwards, when another carried out the changes, Society decided that a committee would be set up to look into the changes for each and every flat and based on their report, the same would be discussed in the AGM and they will decide the further course of action. I approached to society and assured that as per the recommendation of committee, I will restore back.
However the committee did not found any thing, so no report has been provided to us. Suddenly 2 days back , I got agenda of AGM and specified that penalty and legal action will be levied on the members who has done alterations, other then specified in the application letter.
I have the queries-
Do the above alterations illegal?
Can society penalize for such alterations? If so, how much?
If I restore back as per the recommendations of the committee as applicable, shall I be exempted from penalty ?

ashish agarwal   17 July 2010 at 14:28

138 negotiable instrument act

Gentlemen, is there any ruling of Supreme court that complainant can not file a single case of more then 3 cheques..???actually accused has got 68 cheques bounced 20 cheques on 1 single date 13 cheques on 2nd single date 35 cheques on 3rd single date. accordingly i have filed 3 cases in the court.
in all the cases summons were issued bw was issued then nbw was issued and finally accused got the bail.
while discussion accused's lawyers mentioned the point which is the basis of my question. plz give me expert advice n if possible the latest verdicts os supreme court in cheque bouncing cases

Ajai Kumar Roy   17 July 2010 at 13:52

Want to registered sell deed

Sir,
I am three brother living in Delhi in joint family after death of father mother left one joint registered will with equal share of all brother. one brother required loan from bank but bank not agree loan on property. My mother not alive. we all brother want to registered sell deed paper in separate -separate name. If possable and what prosudure. We all brother agree to filling registration charge and corporation tax. The property alloted in my fathers name.awaiting to your reply.

Thanks

vinod bansal   17 July 2010 at 13:50

court/prosecution is not closing prosecution evidence

R/Experts
A case of petty offence u/ss 279/338 IPC is pending in the court of spl magistrate and is fixed for p/evidence.Ld magistrate/pp are not closing p/evidence even 18 opportunities has been granted to prosecution for evidence.Only one & only (except injured)eye witness has stepped into the witness box who has resiled from their earlier statement us 161 crpc.Today Magistrate openly stated that unless and untill he is sitting in this chair,he will never close p/evidence,Magistrate further advised to accused to bring the witnesses in the court on his own.I want to file revision seeking direction for closing the p/evidence.Is there any provision so that i can file any case/revision before sessions court (not High court)Kindly help