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

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yuwarani ravindra patil   22 June 2017 at 10:51

Lawyers fees in rent agreement

HOW MUCH FEES INCLUDING REGISTRATION AND ALL OTHER REQUIRED CHARGES IF ANY LAWYER SHOULD TAKE AT THE TIME OF EXECUTION OF RENT AGREEMENT FOR RENT 13000/-PER MONTH AND DEPOSIT WILL BE 40,000/-?

Har   22 June 2017 at 08:21

Govt job police verification fir

Mere father Ka mere neabour se dispute ho gya aur , mere father ne fir ki, and mere neabour ne bhi meri family ke against fir put ki, unhone mera name bhi usme put karwa diya. Phir police ne ak paper par likhwaya ki aage se dispute nhi hoga aur mere father and neabour ne sign karwa di . Mera selection govt job me hua h document verification me problem to nhi aayegi.i am in tension please reply.

Raju   22 June 2017 at 02:54

Divorce

Hi, my name is Raju, I got married to a girl in arya samajh marriage which we didn't tell our family. We tried a lot to convince our family but did not get success. Finally we both took matual divorce and moved on. She got married to some one I also got married to someone. I did not tell about my arya samajh Marriage to my wife since we did not registered in court and moreover we took divorce. I forgot delete my what's app message where my wife read all those things about my last marriage n divorce. She stayed only 7 days with me however we did not have sex. Then she went to her home . It's been more than 6 months . She doesn't want to come and told all those things to my family and her family. My family also got involved and tried to make her understand but nothing is working out. Finally I thought to give her divorce. I have also sent her RCR by lawyer but she did not respond it. Before moving to the next step, I just wanted to know what all rights I have ..does she take any legal action based on what's app message if she has taken screenshot as I assume. Apart from that, she doesn't have any proof of past marriage and divorce. Now they are demanding unexpected money which I can't give. Even if one I agreed to give them and said to file for matual consent divorce but they want the money first. Then they will file for it but I am not sure. Pls advise .I am very disturd.

Qasim   22 June 2017 at 01:43

Seniority list

Whether person promoted( Departmental promotee) on acting charge basis can challenge seniority list in which regular appointee( Direct Recruitee) were shown senior to him? Department is justified to enter his name in list of regular incumbents of grade or carder despite of fact that he is promoted on acting charge basis and not regularly promoted.

rahul s   21 June 2017 at 23:55

police verification

Sir I have been provisionally selected for bank clerk, but I am sceptical about my joining as there was a clause during registration that
whether any prosecution/detention/fine/conviction/sentence against you has been awarded by any court of law for any offence ?
I mentioned No
But in 2011 there was a fight occurred between my father and my neighbour in which we filed a case against them as they hurt my father very badly but they filed a fake counter case against us and we were granted bail immediately by police however they were taken into custody for 14 days,
after 3 years we managed the case outside the court as other party accused was a govt job employee but from our side one of the accused (my uncle) did not manage the case due to his personal enmity but he was not the main accused,
Also I was only 16 years old at that time.
Therefore sir I am sceptical that will this circumstance will affect my job. ? What should i have to do ? Please reply sir
I would be very thankful for this

Member (Account Deleted)   21 June 2017 at 19:36

Interim maintenance & child details

Hi,
I got married in Jan 2015. In the months of Nov’15 my wife deserted me when she was 6 months pregnant without any valid reason. I tried to save my marriage through meetings with relatives but she was not ready to come back. After few days in the month of Dec’15 she sent me legal notice through her advocate. In her legal notice she asked me to give maintenance of Rs. 25,000/- per month. So I had given reply to her notice that she deserted me without any reason & I am ready to take her back. I had also mentioned in reply to the notice that she had taken away all her belongings i.e gold of Rs. 6 Lac and clothes also.

After few days (after receipt of reply to her notice) i.e. in the month of Dec’15 she had filed divorce petition in court u/s 13 1 (i) (ia) of HMA. Her main allegations are as following is Husband forced me to leave the Job because of his doubting nature. After filling divorce petition in court, in Dec;15 she delivered baby girl in the month of feb’16. In the month of April’16 she filed maintenance application u/s 24 & 26. Asking for Rs. 25,000/- pm maintenance for both (her & baby).

Immediately after receipt of divorce petition I had submitted my reply to the court in the month of March’16 & in the month of Jan’17 I had submitted reply to the interim maintenance application.

Till date I have not meet my baby girl & Naming ceremony is also done without informing me. She have not mentioned name of the baby in her interim maintenance application u/s 24 & 26. She have shown my monthly income is Rs. 50,000/- in her divorce petition.

She had done B. Com & tally, Typing & having total 6 yrs experience in accounts. She have worked for 2 companies in Mumbai. Before marriage she was working & also after marriage she worked for 6 months. But at presently she is not working because of baby.

My qualification is B.Com, & I have shown Net salary of Rs. 35,000/- & I Have shown loan deductions of Rs. 28,000/- (Home loan & Personal loan taken before marriage). I also have to give some money to my mother, dependent on me (staying in native place). Presently I am living alone in Pune & totally dependent on outside foods which is also not good for health.

Now my argument date is 6th july 2017. I will file application for visitation rights on same date.

Till date DV / 498 is not filed. In my Written Statement & reply filed to the court, I have clearly mentioned that I am ready to take her back. I have not filed RCR.

My questions are

1. What details should I asked to court about my baby e.g. birth certificate, Name etc.
2. Can she claim separate residence?
3. Should I give supporting’s like payslip, loan papers to court at the time of argument or with reply
4. Is loan deduction will be considered while calculating interim maintenance?
5. What are the strong arguments point in my case
6. Can they give name (surname & middle name) to my child of their choice (e.g. my wife surname etc.) before divorce or without my consent

Please advice

Thanks in advance

Sanjay Bramhankar   21 June 2017 at 19:04

Stilt parking issue

Dear sir,
I had purchased a flat in co operating housing society in Navi Mumbai in Dec 2009.
Before construction, builder had registered the society. Society had 6 stilt parkings and all were sold by society to members. We are parking the 4 wheeler in society open spaces/parking.
Now maximum society members have 4 wheelers and society open parking is limited.
Stilt parking allotties/ members are saying that they have purchased the parking and owner of the parking.
Now society managing committee has decided to allot open parking spaces by lottery system.
My question is can stilt parking be sold to member permanently and it can't be allowed every year by lottery system like open parking.

Thanks
Sanjay Bramhankar

Amit Vishal   21 June 2017 at 18:46

Propose arrangement of leasing between 02 not-for-profit societies

There are 02 not-for-profit educational socities(A&B), running schools.
B wants to take an educational land belonging to A on a fixed remuneration basis, but as both are not-for-profit organisations, they cannot enter into a lease agreement.
What is the other way out for both the societies to enter into an arrangement wherein B wishes to pay a fixed remuneration on monthly basis to A to set up & run its own school on the land belonging to A?

Akp   21 June 2017 at 17:56

Not paying house rent as per the lease agreement

I have an apartment in NCR region. I have given my flat lease to one person who decorates interior design for flat with an amount and then take that flat for a fix period in lease. That is his business and he runs a company. For my case I have given nearly 2 lacs for interior design and given lease for 5 years with termination by both parties by serving two months written notice any time before expiry of Lease Agreement. With this agreement he should decorate the interior of my flat and pay monthly rent of approx. Rs. 10,000 (say) with 10% increase yearly. In case of delay of monthly rent lessee will pay the late rent penalty of 18% per annum. So in this agreement everything is written clearly. He kept the original Agreement saying that he might need to produce to show the tenant at the time of giving rent to third party.

Now problem is since last 15 months, he has not paid rent to me. He did not even complete the interior design so far, which he supposed to finish as early as possible as full payment for that was paid to him. Whenever I tried to contact him he says everything will be clear by next month. He does not lift my phone call. I met him in his office and he again tells the same story that he will finish by next month and settle all the things. Note that paying rent and completion of Interior design are two separate things. He supposed to pay the rent from the date of Agreement irrespective of the completion of interior design. Now I need some expert advice on this issue. How to discontinue the agreement legally? How to recover the cost of Interior design which is half baked after discontinuing the agreement? How to recover the rents after discontinuation of the Agreement?

pshasi   21 June 2017 at 17:39

One time alimony received at the time of divorce

Hi,

I wanted to know regarding the taxability of one time alimony received at the time of divorce.The alimony amount has been specified in the divorce deed of the court and proceedings have been completed.Whether the amount received as alimony is taxable in the hands of recipient ( i.e wife)?

Thanks