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

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Toni S. Sachdevani   31 October 2015 at 19:02

Bail

Can victim (Of offence of 307 IPC)approach sessions court for rejecting regular bail of the Accused? If yes, what provision/case law??

Thanks & Regards

VIKAS   31 October 2015 at 18:51

Cheque bouncing action

One business man owe me some money back in March 2011,he has given me cheque and they bounced, due to good relations I have not taken any action as he has requested me that he will be clearing dues. against those cheques he has given me some cheques and asked me to place one of these for clearance and this is bounced again.now I am fed up and want to take action, pls let me know what to do.
VIKAS
Pune

Nikhil Thorat   31 October 2015 at 18:41

Non payment of Salary

I worked with Fergusson College, Pune from 1st July 2013 to 25th July 2015 as a temporary full time faculty as a replacement under faculty development program. I received my consolidated salary of 10 months for the academic year 2013-14 from UGC in January 2015. 18 months after joining the college. For the academic year 2014-15, my salary is still pending. I strongly believe that its ignorance of Fergusson College because of which I am not receiving my salary. Because now i am working in some other reputed college (i believe this name is irrelevant) since 3 months as a replacement under faculty development program and am receiving my salary from UGC regularly along with internal payment from my new employer. Fergusson College has never paid me for other internal activities such as internal paper corrections and internal exam duties for two years either. Everytime I visit college, I am sent back with innovative lies. I have all the documents to varify that i worked with Fergusson college and also did all my duties. How can I take legal support in this matter and receive my entire money? Please suggest.

Nirav   31 October 2015 at 17:39

Interim maintenance case

Hello Experts.. Please help..

1- My wife left me on 17Th April 2013, after four months of marriage. When She left, she agreed that she wanted divorce and we were ok. We also gave her all her belongings and all money they gave us to our relatives in marriage formalities ( like 101 to x, 201 to y).

but after few months, she filed 498A which is pending.

She also filed DV case and she asked for interim maintenance of 10000 Rs. I know she is working but I do not have any proof. She just completed her LLB and she is well qualified to earn and support herself. My lawyer talked to them for permanent settlement but they are asking so much.

My Monthly income is 79000 after all deductions. I am living in Delhi But I have to support my parents too back at home in Ahmedabad.

in my marriage life, I hardly stayed with her for 1 month because of my job. I also filed divorce case against her 7-8 months back.

can you please let me know your suggestions/comments what could happen to this case. i want to cancel this interim maintenance or I want to reduce it to 2-3000 per month.


Thnak you so much and let me know you need any details.

rayu mahambare   31 October 2015 at 17:34

Whether revisional order can be challenged before high court

The Labour Court passed an order of clubbing two ULP Complaints together. The said order was challenged before the Industrial Court in Revision which was dismissed.

Whether the said Revisional Order can be challenged before High Court ?

Plz guide me in detail.

Thanx .

SAMIR SHAH   31 October 2015 at 17:04

Misrepresentation/ fraud

1.WHICH ARE THE SECTIONS UNDER WHICH I CAN
FILE A CRIMINAL CASE FOR A MISREPRESENTATION
BY THE PARTY.
2. FOR BREACH OF CONTRACT.
3. FOR FRAUD

santosh   31 October 2015 at 17:02

Property divided

Hi,
My family is joint family till now.
my father is 2 brother and 4 sister.
and my grand father property in very less.
my father was in govt and he purchacase all property and make home as well they carry whole family of brother also including child nice nephew study to marriage...all money spend by my father... my uncle do nothing..whole life....my father now told that we equally divided all the land in all the son means in 3 parts 2 brothers me and my cusion, now my uncle demanding half property.... till now spend money by my father even they take food of my father money....
Please suggest me that if they case file in coart what will be the coart decesion half or my father choice....
Please reply on mail id

mail2santosh.sneh@gmail.com

Thanks

joy   31 October 2015 at 13:12

Wife threatned suicide once and short temper..now wants to rejoin

I got married on April, 2015

Since day one she used to throw tantrum about how she can’t adjust to the new environment and doesn’t like the way I am. In May, 2015she went to her parents place. I went to take her back in June, 2015. She fights for small matters i.e. coming hair, which colour of shirt I should wear, I should call her when I leave office and call back every time she gives me missed call. Due to her hot temper problem, she doesn’t have control on her emotions and used to go to her relatives place every now and then. She stayed roughly 2 months in our home.

Her relatives make her understand many times to adjust and live good life but she is adamant. Now in mid-July, 2015 when her relative come to our home they revealed that my wife threatened them to commit suicide if they don’t listen to her. After hearing this, we all family members are scared for our life if in case anything goes wrong.

After her relative left, she stopped eating and won’t talk to anyone. She dismantled her phone so that no one can call her to calm her down from her parent’s side. So I called her brother to talk to her, he took her to their place for a week. After that her parents came and took her to their place.

Now after 3 months, all the person from in laws side accusing us of bad treatment to her and calling to take her back to our home otherwise they will take legal action against us. Me and my family is going through really tough time and not able to find the cure.

1. What remedy I have to safeguard my family from such threats?
2. What If I take her back and she does something nasty to harass me and my parents.
3. I am living with my parents and siblings under one roof.
4. She has made tons of accusations ranging from unnatural sex, not being given food, not given money to spend, torture and many more.
5. Her father says that give one chance and forget everything ? Can I trust him ?

I request your help to decide on above.
Thank You

Yugesh   31 October 2015 at 12:32

Section 26 or 7r1

Hi sir,

could you please tell me what is section 26 or 7R1 ?

is it a case filed between wife and husband ?

Law Querier   31 October 2015 at 11:58

Fresh divorce petition shall be barred if converted mutual divorce petition disposed?

Earlier petitioner filed a divorce petition(X) (u/s. 13(1) (i a) of Hindu Marriage Act) under the ground of cruelty in the family court. Then after, the contested divorce petition(X) was converted into mutual consent divorce petition(Y) (u/s.13B of H.M. Act) by the consent of both the parties. After that the respondent withdrew his consent from the mutual consent divorce petition(Y). So, the petition(Y) had been disposed by the Court.
When the contested divorce petition(X) was converted into mutual consent divorce petition(Y) and when the mutual consent divorce petition(Y) is disposed by the judge, the petitioner had not sought permission from the court to file the fresh divorce petition in future and the court has not granted permission to the petitioner to file the fresh divorce petition in future (Z) according to Order 23 Rule 3 & 4 of CPC.
Then, the petitioner did not approach to high court in time limitation. But, the petitioner has filed a fresh contested divorce petition (Z) (u/s. 13(1) (i a) of H.M. Act) in the same family court by mentioning same old allegations with adding the new allegation and mentioning the different cause of action than the earlier pettion(X) that, "the act of respondent for earlier converted the contested divorce petition converted into consent divorce petition and then after withdrawal of consent from the M.C.D. petition(Y) has treated petitioner with cruelty". The Relief claimed by the petitioner in fresh divorce petition (Z) is as same as the relief claimed in older divorce petition (X).
1. Can the petitioner be precluded from instituting this fresh suit under fresh divorce petition (Z) and Can the petitioner be liable for such cost as the court may award according to Order 23 Rule 3,4 of C.P.C?
2. Can this new suit under fresh divorce petition (Z) be barred under Section 10 of C.P.C (Res sub judice)?
3. If answer of question 1 or/and 2 is in positive then what other remedy available for petitioner if he/she wants to divorce from respondent?