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

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Shri Jai Krishna   09 May 2018 at 13:45

First cousins marriage

Legality of First cousin marriages in Tamil Nadu ?

Consumer Complainant   09 May 2018 at 13:41

Copy of written arguments to opposite party ?

Section 12 in The Code Of Civil Procedure (Amendment) Act, 2002 12.

Amendment of Order XVIII.- In the First Schedule, in Order XVIII,- (a) in rule 2, after sub- rule (3), the following sub- rules shall be inserted, namely:-"

(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely and under distinct headings written arguments in support of his case to the Court and such written a guments shall form part of the record.

(3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.

Under 3B, where they say “A copy of such written arguments shall be simultaneously furnished to the opposite party.”

Does it make necessary for the Complainant to furnish a copy of the written arguments to the Opposite Party? If I supply the same, wont the Opposite Party counter argue as per written arguments provided by me?

Is it essential that I provide “WRITTEN ARUGUMENTS” copy to the opposite party?

I have spoke to advocates locally, they told as it is the argument you make in writing, it should be given only to the court and not to the opposite party.

So I am posting this query. To know whether to give copy to opposite party or not. If I am not giving what shall I tell to the President of the Consumer Forum? As the dispute is before the District Consumer Forum.

Any help in this regard will be very much appreciated.

Rompalli V.B. Swamy   09 May 2018 at 13:17

Esi exemptions - urgent query - requested to guide asap

Experts..! Need exact solution..!

As per the ESI, we can claim Shoe allowance and washing allowance as exempted components for contributing. I wanted to put 1600 as shoe allowance 3000 as washing allowance. Ours is a healthcare and we do have a uniform for clinical, non-clinical and operations employees.

Now, my doubt is that though law has option to show as exempted, what is the maximum limit and can we show as fixed components (and we pay on earned salary as per attendance). Further if we need to show traveling expenses reimbursed and want to claim as exempted component for ESI contribution, do we need to have any proof.

kindly suggest.
RVBS Patnaik
9290658859

muhammadraashid   09 May 2018 at 11:50

Diffrence in permanent and mandatary injunction

what is the Diffrence in PERMANENT AND MANDATARY INJUNCTION

Debjit   09 May 2018 at 06:46

Agreement made with wrong wording depriving my mother

Dear Sir, We have a huge ancestral property at North Kolkata, Share Holders were my grandmother, my father, his only sister, A Stepbrother. My father's stepbrothers undivided portion was purchased by my mother. After a year of this purchase, all shareholders jointly decided to sell out an undivided portion of land. The responsibility of sale deed drafting and making was entrusted to the husband of my father's sister, who died one year after the registration. As he was well conversant with the property cases. He, intentionally, without discussing with my father and mother he mentioned that my mothers total undivided portion and little of others undivided portion is sold. All the shareholders including my parents signed the agreement in good faith and kept the document in custody but never gone through word by word. Now at their old age (85,79) they wanted to get clear ownership of the property for their old age security, they found a big chunk is cheated from them, making my father's sister the undue advantage of larger share. My parents are staying in the said property, my grandmother already died, My parents are unable to cope up with the cheat done with them 25 years ago. can you please guide us with some solution?

Vir Ji Pune   08 May 2018 at 20:58

Cheque Bounce Case

Hello, I have taken 5 lac Rs from one client but i failed to provide product so he asked for refund. Then i given 5 lac Rs cheque to him. But unfortunately cheque bounced due to insufficient fund. I am financially unstable now. Then i assued for cheque clearance and also provided assurance on 100 Rs stamp paper, but again cheque bounced due to insufficient fund. I am unable to arrange money. Then he sent me legal notice but i ignored it not replied. Now my client filed cheque bounce case NI 138 in court. Court given date in October. Please suggest any solution and consequences of case.

Anonymous   08 May 2018 at 17:06

Case transfer sec 24

Petitioner applied for divorce & respondent filled restitution of conjugal rights. Now the petitioner applied another case in sec 24 for rcr transferred to the court where the divorce procedure is going on. Respondent did not want to transfer as the process may kill the time of the rcr case bcoz case transfer need more or less 6 months. What are the valid reasons for dismissal of transfer at initial stage? Kindly suggest.

FARAZ ALAM ANSARI   08 May 2018 at 16:57

Agreements

Is it necessary to register the agency agreement and franchise agreement

anu radhalll   08 May 2018 at 16:46

Court decree

Dear sir, I need better suggestion from you.
My grandfathers cultivating land since 100yrs to till now .But in revenue record phanis showing my uncle name 1954 to 1989.IN year of 1989 my father filled a case in my local court .court given a consent decree to my father.my father is plaintiff and my uncle is defendant. In that decree copy and vakalth and judgement copy defendant father name written wrongly example--really defendant father name (my uncle's father name) is mallaiah but ramaiah written wrongly in court record. Defendant (My uncle) is died in 2009yrs. defendant son's (my uncle son's)are there persent. Now defendant sons can appeal the court decree right now? Based on defendant father name written wrongly. Note -- defendant written statement missed somewhere (now I went to court,asked certificate copies)

Sanji-Paul Arvind F   08 May 2018 at 15:45

Civil - problem caused by neighbor's

Dear Sirs,

I am looking out for a better solutions for the below.

I am located in Austin Town, Bengaluru Ward 111.

We are being mentally harassed by our neighbors for almost 8 years now, by purposely letting their sanitary water toward our home walls damaging almost 10 to 15 feet of our home.
The wall is completely drenched and is smelling like a corporation toilet which is hazardous. We are living in the same house where we cook, eat and sleep. There were so many instances that my 2 children were suffering from cold and fever very often. We never knew this was the reason until recently.

Since January the water started leaking inside our home and now it is always filled with sanitary water in a corner of the room. When tried to inform the neighbor they argued saying that it is not their mistake and if needed we repair it ourselves. Also said “Go complain to whomever you want to, we know people in BBMP and support of some politicians.

We tried to inform Viveknagar police, and ASI – Ramakrishna + 2 constables visited the place and confirmed the leakage and went to the neighbor’s house to inspect, after about 10 minutes he walks out and comes into my home and re verifies and said “The leakage is not from their house, instead it is leaking from your own house. I explained him saying that we don’t have a water or sanitary line inside our house but he never listened and walked away saying “Don’t fight with them else, we will have to take you in”.

I raised a complaint with the BBMP office and the issue was assigned to EE Vijayanand Prasanna who sent 2 of his sub ordinates to check, they confirmed saying it is the mistake of the neighbors. They even suggested to come down to the office and talk to the senior officials. I went to Public Utility Building and met AEE Ganesh, he said it is not their departments work and to consult BWSSB. I went to the BWSSB ward office in Johnson Market and wrote down my complaint in a notebook as the EE Rangaiah was not in office. Next day I called him and spoke to him and sent images through whatsapp, he said he will come down and check himself and later in the evening said he is busy and sent his driver. The driver checked and even he confirmed that the leakage if from neighboring house however they cannot do act upon it and to consult BBMP office.

After a tough time talking to the BBMP AE, somehow convinced him to visit the house by sending images through whatsApp. He checked for the leakage and wanted to talk to the home owner and visited my neighbor. Again he went inside their home, after 10 minutes he comes outside and starts shouting at my family members saying that he inspected and he found that the leakage is not from their house, it is leaking from the ground and he cannot do anything about it and walked out of the house never to return.

We went a gave a written complaint with the Joint Commissioner responsible for our ward, they said the will act in 3 days and it’s been months now. Don’t know when the house will collapse on us.

Finally we had to approach the Lok Yukta office and file a complaint against the BBMP EE and AEE along with BWSSB EE. They said they can take action against the government officials who don’t do their job but cannot help in solving the issue.

Once the water leakage was too much, I thought will approach media and went and met an executive from TV 9, Shantinagar office. After listening to my grievances and watched the video he says he cannot help me as no one will watch sanitary leakage in TV.

Recently went and spoke to the Sub Inspector for Viveknagar Police Station, even he says this is Civil issue and he cannot help us un any ways.

I even complained to the ward councillor’s office, the assistant just spoke to the EE to take care after which he said not to disturb him as it not his job. Later went and complained to the MLA, and he suggested AEE Ganesh to look into the matter but he never showed up.

These people have destroyed our house completely. Everyone who comes to the house, takes money from them (neighbor) and vanishes. I pay property tax, Income Tax and all Utility bills, still I don’t get any justification from the concerned departments as no one is taking any action against them?

Every day we go inside our house which stinks to the core, we are forced to eat and sleep there with 2 kids.


Best,
Sanji-Paul Arvind