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

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Badruddin khan   29 February 2016 at 22:10

Sevice matter

I m assistant sub inspector (M) in ministerial cadre of police department and my colouge is also assistant sub Inspector in other cader of police department and my colouge is junior to me but he is promoted supersitting to me by police department whareas bothe are member of police department ang govern same regulation pls tell me any case law regarding this matter

Member (Account Deleted)   29 February 2016 at 21:37

Loss of documents.

Dear reader,
Warm regards.
I am student travelling regularly to and fro between Kalyan and Panvel through Maharashtra State Regional Transport Corporation's (MSRTC's) State Transport ST bus. On Friday I punched my bus pass and hereafter I lost my Pass with ST Id card.
I want to ask where FIR is to be lodged, Panvel where journey started or Kalyan where I am residing.
Thank you
Shabi.

krishna   29 February 2016 at 21:20

Order 22 rule 9

Respected Sir,

In Order 22 Rule 9 CPC, it is specifically mentioned that when the suit
is abated or is dismissed under this Order no fresh suit shall be brought on the same cause of action.

But what if court has given permission to file fresh suit on the same cause of action after abatement ?

In our suit one defendant died & thereafter our advocate filed chamber summons to delete the name of defendant who has died. Chamber summons was also for adding other necessary party who are not legal heirs of defendant who has died. Chamber summons was not filed for bringing legal heirs of defendant who has died because advocate was under wrong impression that legal heirs are already on record & accordingly proceeded in matter. Said chamber summons was allowed but amendments were not carried out as our advocate left the matter. On failure to carry out amendments suit was proceeded to evidence.

When new advocate was appointed he said that suit is abated as earlier advocate did not bring legal heirs of Defendant on record in time & said that certain other amendments are needed in suit.

Therefore new advocate advised that it is necessary to file fresh suit.

Thereafter new advocate filed application for withdrawal of suit with liberty to file fresh suit on the same cause of action but did not apply to court to set aside abatement.

Other defendant objected withdrawal on the point of abatement.

But court allowed the suit to withdraw with liberty to file fresh suit on the same cause of action observing that advocate for plaintiff failed to take proper steps in suit. (Defendant did not objected this order)

Thereafter plaintiff filed fresh suit on the same cause of action after adding legal heirs of defendant who had died in earlier suit & other defendant who were not on record in earlier suit.

It is again objected by defendant that fresh suit is abated because of earlier suit.

Whether fresh suit is abated & if abated then can Plaintiff apply for setting aside abatement in fresh suit now ? Please reply.

Thanking you.

Member (Account Deleted)   29 February 2016 at 21:03

Leave extesion problem for me in dept of posts

sir i am working as postal assistant in postal department. I have taken 2 days casual leave from postmaster as i have met accident and after 2 days i have send 20 days leave extension application with medical certificate directly to supdt of posts as registered post in time. But the rejeceted my application of leave and returned as "you have to send this to post master of head office". Is correct sir ? leave extension application whom to send sir ? my leave sanctioning athority is supdt of posts only not post master. Please help me what to do sir?

suganya   29 February 2016 at 20:01

divorce

i got married on feb13 2014 and it was an complete arranged marriage.I have a 1yr old boy baby.all the informations about my was an lie ,his education,job,salary,family background etc more than all these he and his family members giving me and my family lot of mental torcher and they abusing me very badly .my life is like an hell right now..can anyone pls help me out with this problem.what kind of legal action can I take against him

Swapnil   29 February 2016 at 19:58

Defendant evidence stage - urgent

Sir

As various changes made in PW1 cross statement so i filed complaint with Chief Judge and supreme court also. and copy send to learned court also.
Now stage is for my (defendants evidence) so what can i do ?

File my evidence affidavit and list of documents or wait for resolution of my complaint.
I am also wants to transfer case from one state to my state so i also wants to file Application under sec. 25 of CPC at Supreme court

Pls guide

Sitanshu   29 February 2016 at 19:55

Partition of minjumla agricultural land

In the newly implemented UTTAR PRADESH REVENUE CODE, 2006, the Section-30(2) states that "The minjumla number shall be divided physically in the manner prescribed and revenue records including map and khasra shall be corrected accordingly".

‘Minjumla number’ means a shajra number denoting a component part of a field which has theoretically been partitioned but physically has not been partitioned.

Can someone explain the 'prescribed manner' that is to be followed for the PHYSICAL division of a minjumla number?

I couldn't find the said procedure in the Revenue Code. Is there any other Rule Book that deals with it?

Alka   29 February 2016 at 19:31

Non payment of vhs by ex employer

I took VRS from organisation 12-13 years back after working 12 years. Some amount was deducted every month from our salary for VHS
9voluntary health scheme) .Even after 12-13 years many people who took VRS don't know that we are entitled to some medical benefit each year on declaration basis.After knowing about this facility I applied for that payment. But they say my name is not appearing in their VHS opttees list and demanding old original Salary slip which I don't have but I have all record month wise for all months I worked there in Salary Record Book which I maintained myself in my writing which shows VHS amount deducted from my salary. They are not accepting that record and also not checking their record of my salary . Can i take legal action for this ? if yes How to take that action go to consumer court Or demand RTI to show my salary record? or is there any other way to take action against them?

Mohamed Ali   29 February 2016 at 19:24

Order 2 rule 2 of cpc

Dear All

Brief description: We are Sunni Muslim family, our partition suit pending from 1960, It was preliminary decree in 1975, later FDP proceedings started in 1980, It had 2 types of properties town and revenue, for both properties separate Commissioners were appointed by court,

for town properties the commissioner submitted the report and it was accepted by all parties, the parties are in joint possesion of town properties from 1995,

but for other part of decree related to revenue properties the FDP came to be closed in 2012 but due to some errors in commissioner report it is being challenged in Appeal.

Query: One of the decree holder who died in 1992, her legal heirs who are having town properties in joint possession from 1995 they want to divide those among themselves,since there is dispute among themselves, at first they raised their objection in the pending FDP proceedings for revenue properties but the the FDP court rejected the plea stating that decree holders legal heirs shares will not be decided by this FDP court,

hence they have filed a seperate partition suit for town properties only, but the trial court on the basis of Order 2 rule 2 cpc without doing any evidence on Issues dismissed the Suit stating the FDP is still pending for revenue properties you raise your plea their.

Since the town properties already settled in 1995 and no where in question and also the municipal khata of town properties is also in joint possession and even they have sold one of the town properties jointly alloted to their share, whether the partition suit attracts Order 2 rule 2 CPC as the FDP is only pending for revenue properties now and town properties settled long back in 1995.

Thanks and Regards
Ali

jafar   29 February 2016 at 15:38

Share of married muslim daughter in the property if the mother is died

I am a married women and my religion is Muslim. I have 3 brothers. Property is with my mother's name. My mother is died now but father is still alive. My brothers are not giving share in my mother's property. So I have few questions below please reply me as soon as possible.
1- Is there any share of me in the property? if yes then how many percentage.
2 - is that property automatic transfered to my father because he is still alive? if yes and if father denies to give the share then in that case is there any law to get my share in the property? If yes then How many percentage?