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

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Jyot   28 October 2015 at 22:46

Family court insists for written statement without conciliaton

In one case of family court, Petitioner from foreign country filed divorce petition through her power of attorney holder under the ground of cruelty. The POA holder has appointed a lawyer for court proceedings in family court.
The respondent does not want divorce and he wants to sustain their marriage life. He wants to do conciliation with his wife in family court. But, the family court did not refer the matter for conciliation to the Counsellor according to family courts act and rules and insisted the respondent to file his written statement.
Then, the respondent did not file his written statement. But, respondent filed an application-X under section 9 of the family courts act after 200 working days of respondent’s notice excluding public holidays. In that application-X, he is requested to family court to try for conciliation with his wife according to section 9 of the family courts act.
But, by mistake, the advocate of petitioner understood that the application-X is according to Section 9 of the Hindu Marriage Act. So, by mistake he wrote on respondent’s application-X that the application-X is for Restitution of Conjugal rights and this type of application could be filed separately and could not be filed in the suit of the divorce.
The hearing of the application-X filed by the respondent is still pending.Now, the advocate of the petitioner has filed an application-Y to close the stage of written statement of the respondent after 140 working days from the respondent’s application-X and after 340 working days from the respondent’s notice.
The Judge has permitted the last date to the respondent to file his written statement and insisted to respondent to file his written statement on next date without fail and told that if respondent does not file his written statement on last date, the judge will close the stage of written statement of respondent. The judge has also decided to do hearing of application-X on the same court date which was filed by the respondent.
Now, the advocate of the respondent is still insisted to respondent for not filing of written statement of respondent on next court date. The advocate of the respondent tells to respondent that as the hearing of the application-x filed by the petitioner is pending, he does not want to file the written statement of the respondent.
I am from the respondent side. I am afraid of close the stage of written statement and ex-parte divorce. I am very confused and cannot decide what to do?
Question 1: Should respondent ready to file written statement on the last and next court date given by judge of family court? OR the respondent should agree with his advocate for not filing of written statement on next court date & wait for hearing of application-X?
Quetion 2: Does not conciliation mandatory in family court? What can respondent do if he wants to do conciliation with his wife and family court does not refer the matter for conciliation and insist for written statement although the respondent has filed the application-X for trying of reconciliation according to section 9 of the family courts act?

A walk alone   28 October 2015 at 21:03

charge frame

Is there any period of framing charge according to SC in 498 a ?

Adv B.B.Gambhir #9814820602   28 October 2015 at 20:48

Suit for grant of permanent injunction

chet singh is landlord Kultar singh is tenant. i am from the side of landlord cum plaintiff.kultar singh has taken one room for office but bathroom, verrandah, kitchen and latrine and stairs are commonly used by chet singh and kultar singh. but kultar singh had alone started using the common portion without allowing chet singh to use so chet singh filed a suit for grant of permanent injunction against Kultar singh restraining the defendant from using common bathroom, open verrandah, stair case kitchen etc. in this case court decided the application under order 39 rule 1 and 2 allowed and directed kultar singh to put a common lock on the common property so that both the parties can use it commonly but kultar singh has not complied the same so far. contempt proceedings are pending.civil suit for permanent injunction is also pending for evidence.

my question is how chet singh can comply the interim order so passed by trial court while passing the application under order 39 rule 1 and 2.

SANDEEP SINGH   28 October 2015 at 20:26

solvency certificate bail

How many person can get bail on one solvency certificate

rajan chopra   28 October 2015 at 19:05

Civil Suit On Pronote

Sir one of my relative borrowed some money from me for a short period and executed a pronote that in case he does not return my money as and when demanded he will be liable to pay double of the borrowed amount to me if I had to adopt legal recourse to recover my money.Now as I am constrained to file a summary suit in court to recover money can I demand the amount double of that was lent or I can demand the amount with interest as permissible by law ?

potter4   28 October 2015 at 18:48

Inclusion of allowances in overtime calculation

Do we include allowances like HRA/medical/Conveyance/educational or any other compensatory/incentive while calculating overtime ? (Under maharashtra shops and establishment act/factories act?)

Can you refer to some latest case laws ?

Thank you.

Raghu ponnala   28 October 2015 at 18:33

Right to information act.

sir,

I have submitted Two application regarding mutation and conversion of agriculture to non agriculture. the concerned M.R.O is taking more time then the time prescribed

Q1.Can i find out the status of my application through RTI act.

parvez ahmed   28 October 2015 at 18:06

Need help for my adr practical

Respected Sir/Madam
I Am A Final Year Llb Student. I Have A Practical In Which I Have To Draft An Arbitral Award. I Need Some Suggestion And Idea To Present My Case.
Kindly Help Me.
I Have Attached A Problem Which I Have To Solve.
Thanking U.

question is

Neeraja Book Company V/S Joint Authors
Neeraja Book Company Is Engaged In Business Of Printing And Publishing Of Various Books In The Field Of Law.
Manager Of Neeraja Book Company Approached Ravi Kumar And Krishna Kumar Associate Professors Of XYZ Law College For Publishing A Book On The Environmental Law. Ravi Kumar And Krishna Kumar Joint Authors Agreed To Supply The Material To Neeraja Book Company Within The Span Of 4 Months. As Per To The Terms Of Contract Between Neeraja Book Company And Joint Authors Ravi Kumar And Krishna Kumar, Publishers Issued Cheques To Both Of Them For Rs, 10,000/- Each.
Joint Authors Supplied 60% Of The Material With In 2 ½ Months. Unfortunately Ravi Kumar Met With A Motor Vehicle Accident. Ravi Kumar Sustained Serious Injuries Resulting In Hospitalization For 3 Months Now He Is At Home But Unable To Complete The Task.
The Publisher Could Not Publish The Book Within Time By Which He Suffered Huge Loss. Ravi Kumar Mobile And Landline Phones Were Not Attained. Publisher Issued A Notice To Joint Authors.
1. Draft Appropriate Memorials And Argue Before Arbitrator.
2. Draft Arbitral Award.

This format has to be followed.
1. Heading of the case.
2. Between
3. Facts
4. Issues
5. Citation
6. Prayers

Vinayak   28 October 2015 at 18:06

Requirement of noc from builder for resale flat.

Dear Sir / Madam,
I am buying a resale flat in Kharghar, Navi Mumbai from first owner in a building where society is formed & registered. Flat is having occupation certificate, owner has share certificates, Letter of allotment from builder. For this purchase I approached SBI bank for Home Loan.As per property documentation requirements of SBI bank they need NOC from builder for resale of the flat as well as NOC from society.
Pls.let me know whether NOC from builder is compulsorily required even if society is registered?

BR,
Vinayak Jadimath

Siddhi Agarwal   28 October 2015 at 17:39

Rogue land lord.

This is about a senior citizens couple.
The husband has two flats one on tenancy basis and other on ownership for future need.
The land lord has entered in to consent terms for redevelopment of his building and the tenants have given possession of their flats to Court Receiver. The High Court has fixed monthly compensation to be paid by the land lord and tenenants were given the cheque for 24 months.
The land lord is of criminal mindset and did not initiated the development work.
No where in the Consent Term there is any condition of providing LL Agreement Copy for the payment to be made by Land Lord not there is a law which bars tenants to have other accommodation of his own.
Due to this delibarate delay in redevelopment the husband complaint to the Court Receiver. Now the queries are as under:
A) Can Land Lord deny payments agreed upon as per Consent Term filed in High Court in Mumbai on the ground that the the tenant has ownership flat ?
B) Is there a administrative solution or can Court Receiver enforce the Consent Terms ?
Kindly give serious opinion as the couple are time and again being thretened by the white collared goons.