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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

H.S.ACHARYA   18 June 2017 at 10:09

Resolution in sgm

Dear Experts,

I am working as Managing Committee member in a co op hsg society in Mumbai and in SGM a resolution was passed which was not proposed by member. In a Special General Body meeting of co operative housing society in mumbai whether office bearers of the society are permitted to propose/second the resolution and pass it in SGM when such resolution not proposed or seconded by member even if the matter was discussed in the SGM. Can anybody advise me on this matter?

Anonymous   18 June 2017 at 08:26

Divorce

Hello sir my name is deepak dubey. I am from faridabad. Actually iwant to know what the legal proceedings when my wife dont want to come at my home and want divorse. Matter is that by qualification i am Btech in computer science but by luck or by my negeligency unable to hold a good job. Moreover i have too bad habits like drinking or betting. My wife family give me more chance to improve yourself but still i do many blunders that i am very feeling guilty right now. But they dont agree that how they beleive i feeling guilty and nvr do it again in future. I want last and final chance but they want in written. My wife not agreed to come i dont know why she said like that. So please tell me what i hv to do in that situation.

Ashish Pandey   18 June 2017 at 01:31

Purani abadi

Sir my grandfather have two sons.frist my father and 2nd my uncle. My uncle made his house at purani abadi before 8years ago. I have registered a mukada in civil court Sultanpur for possession 3month ago but I don't have any stay order so he is constructing high wall over hole purani abadi land. Police isn't taking appropriate action to stop contacting work . nowadays Civil court is close. Sir what I do to get our half purani abadi land. Please advice soon.

Anonymous   17 June 2017 at 23:31

Court unwilling to record evidence

Dear Sirs:
A dioctor lodged an FIR against me on false charges of robbery and hurt, I was arrested and sent to jail. Now the case has come to court for prosecution evidence.
The Magistrate refuses to record that portion of the evidence which exposes the conspiracy/recklessness of the police to frame me. The I.O. deposed that a certain police officer was overzealous to get ne arrested and send me to jail but the court refused to record it saying that this is "irrelevant" and has got no probative value.
Just like to know if the court is justified in doing so. Is there any way to get such evidence recorded?

Shaleen arora   17 June 2017 at 22:22

Bonafide himachali

Sir i have been living in himachal for last 24 years my father has been living in himachal for last 35 years he has been issued domicile certificate but when i applied for said certificate authorities refused to issue said document we have been residing on rented property for last 30 years i have 10+2 certificate issued by himachal pardesh school education board which i passed in 1994. Can i get bonafide certificate

Skeptical optimist   17 June 2017 at 21:56

Service tax on loan foreclosure penalty.

I have foreclosed a home loan by prepaying lump-sum foreclosure penalty. The receipt does not explicitly mention how much of this amount is towards service tax, and other cesses (levied on foreclosure penalty) IF ANY. It just says that, "The amount is inclusive of the service tax, education cess etc. wherever applicable".

Is it permissible to collect service tax without 'explicitly' mentioning corresponding amount in the receipt. Else it is likely that amount collected in name of service tax may not be submitted to Income Tax department.

priyaraj Chhakara   17 June 2017 at 18:41

Not received marksheet and certificate despite various calls

Sir
I have completed my MSc from Madurai Kamaraj university in distance.
Despite results announced and already one year passed. They are not sending my marksheet and certificate.

I am calling them almost daily and written email regarding issue many times and also registered grievances.
But didn't got any response.

Now I want to take legal action against the university

Please advise what to do and what will be the jurisdiction and time taken in disposal of this type of case
Thanks

Priyaraj Chhakara

akumar   17 June 2017 at 17:57

Sign on witness papers

Dear Expers,

I am working in a private company. sometimes our owner ask me to sign some witness papers ( alongwith sign of our Director).

As a employee of comapany, i cant refuse to sign papers. can you please advise whethter i should sign those paper.

1) What is legal boundness of mine, after sign these witness papers.

2) What is difference between guarnatee and surity for these papers.

I am so worried, please suggest

Rgds,
Amit Kumar

S.N.Derashri   17 June 2017 at 16:39

Hindu marriage act

A the husband filed a divorce petition against wife on the ground that she indulged in an extra marital relation with somebody after marriage. to prove this fact he has submitted in court a pinhole camera, a memory card (said to have recorded the persons in act through the pinhole camera) and DVDs prepared from the said recording of memory card. In his evidence the husband got these things marked as Article/Exhibit. Neither any certificate U/s 65 B has been tendered in evidence nor the DVDs or the memory card was played before the Court during his evidence nor he stated a word about the contents of the DVD or the Memory Card nor he stated that the act of his wife and her paramour was recorded by him through this camera.
Wife in her evidence refused the allegation and denied the presence of herself and the paramour in the DVD when it was played before her in cross examination. The date depicted in the said recording is a date much prior to marriage.
In these fact and circumstances my query is-
1- whether the electronic evidence submitted by the husband can be read in evidence in absence of certificate U/s 65 B and of the Evidence Act as sec. 14 of the family courts act overrides the provisions of evidence act?
2- whether in absence of ocular statement by husband by identifying the wife an her paramour in action in the said DVD by playing the same in the Court during his Exam in chief, the husband has been able to prove charge of involving wife in sexual act with a person other than spouse after marriage.
3- whether depiction of date prior to marriage in the DVD will render the recording forged.
4- whether the court can consider the charge of adultery proved in these circumstances.
5- whether under the garb of provisions of sec. 14 family courts act the court can overlook the necessity of proving electronic documents as per provisions of Information Technology Act.
Kindly refer citation/s if any in support of answer.
Thanks a lot in advance.

Hemant   17 June 2017 at 16:29

Neighbour increasing their atikraman in my plot area

Hello Sir,

This is Hemant here. My neighbour is doing Atikraman in my area. Earlier he reconstructed his house and without keeping the border line space he constructed the walls besides my compound. So windows of his house are opening in my area. Now he placed shades on top of 2nd floor which are coming half feet in my area.
He is Police Constable and shows threat to us. Even he do not speak properly.

Could you guide what we can do against it.