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

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senthil   14 October 2015 at 10:34

Civil exparte decree reponed after 14 years

a civil case between A and B was filed in 1993. Both the parties filed the vakalathama and statements, But B was not available for the cross examination during trial stage. So, that the court declared the case as exparte in 2001 favor to the party A.

Now in 2015 B has appointed an another lawyer and filed an IA in the said exparte decree. He states that
1. He was not got any summon of the case, he was not filed any vakalathama in the case. He was not aware of the case
2. he states that these all are done with help of court employees that, party A has bypassed the summon and forged his signature and contested the case behalf of him....
3. he filed a FIR also in the police station with the same statements

The case is a genuine case we were not did any thing wrong in this. with help of some other lawyer he is trying to frame us like a criminal and asking for a compromise on the property. He is threatening us to give him a share on the property.

please help how can i prove that the case is a genuine one and no forgery was done in this case. My lawyers said the decree is 14 years old , it's not possible to reopen. But he filed an IA on this and reopened it.

Manohar   14 October 2015 at 10:09

Court stay...

Dear sir,

My aunty filed a false complaint on me, for asking one more time property share. We have given her share but partition deed not done. Now again she wants to misuse of this. The property rights transferred to her name then she sold that property. Now my query is they filed case and case number updated in computerised RTC, stay is up to 10/06/2015 only.

We are not received any notice from court, her lawyer sent notice.
In this case is there any provision to remove the case number in the RTC. Please advice.
Thanks
Manohar babu

sunil kevin   14 October 2015 at 08:49

Property in father's name

Respected Sir /Madam
my father who had expired 12years back and my mother expired 8 to 9 months back, we have a house which is still in my fathers name now i want to sell that house, there is no will ( this property is in Hyderabad)and i am christian.
1. Do i need to transfer the said property in my name first and then sell
2. can i sell directly to any person.
3. if i can sell directly what are the procedures of then what i have to do to sell the same .
kindly advise
regards
S.patrick

sanjay singh   14 October 2015 at 03:57

Is provision to modify or revised my order in same family court

Sir My advocate had argued 1st time facts on interim maintenance
He submiited judgement of desertion,crpc 125 of 4.No wife shall be entitled maintenance. If she refuses to live without any reason.

she was not driven out by matrimonial house.There is no proof of it means she left by her own decesicion.Judge had not passed an Order against me and he was transferred.

Again new judge came and said He wants new hearing,
as a result this point i.e. about her desertion is not said at the time of 2nd argument with new judge,as result interim order passed against me.

My point is Can I say to judge my advocate has betrayed me and not mention the judgement of desertion submitted on record with previous judge regarding what he said earlier which submitted to you.Because the judgement is still on record.

Can I say to Judge about Order of interim maintenance what he has Passed against me.
This is only because my advocate fault so that I GET CHANCE FOR MODIFICATION OF ORDER

The reason is I m not going for appeal because now the arear amount is too high and again if I move to high court or session court arrear will go on increasing.

Anonymous   14 October 2015 at 00:33

Carpet area less than mentioned in agreement.

We booked a flat last October 2014 and made 95%payment of the total amount along with registration. We were promised possession by Dec 2014 but they kept delaying. 2 months back when we went to measure the flat for furniture we came to know that our flat carpet area is 43 sqft less than that mentioned in the agreement.
We mailed the builder several times and also measured with them and even though it was clear that the flat is less the builder was not ready to agree. He said the variation is due to plaster thickness. Left without choice we filed a complaint against them in government legal dept. They sent him notice but builder is still not accepting and threatened us to take out complaint back or he won't give possession
And if we take case to court he will delay for years.
We have taken a loan and along with heavy EMI also paying rent past 1 year due to their false promise.
Kindly advise.

Anonymous   14 October 2015 at 00:17

Washing clothes in balcony is permitted or not in bye laws

I want to know whether managing committee can stop a member of cooperative housing society from washing clothes in balcony according to byelaws laid in cooperative society act.can they send notice and charge fine for this.

Aaditya Patil   14 October 2015 at 00:05

Road accident case can affect my job?

Respected all
I am selected in Dept of post, offer letter and document verification is yet to be done. But in last weak I got in accident. I was just entered a road running north south from west, As my front wheel of two wheeler entered the road, one two wheeler hit my bikes front wheel badly. He was driving with overspeed and wrong side. Then he and his wife got injured. He has fracture in leg and his wife has small injuries. I am not injured at all. I took them to hospital near village and then called ambulance and send them to district hospital. My bikes front wheel damaged very badly.
Does this accident affect my appointment?
Shall I have to pay any penalty to him?

Prasad Pohekar   13 October 2015 at 23:11

Property in grampanchayat

Dear sir,
As i serch property in keshav nagar area it comes under grampanchyat and builder is saying that it has not pass town planning and so i have to take loan from cooperative bank. Also he is saying that the land is collector na approved. Please guide me can i go for it or not also is there any legal processing if i purchase it.

Ajay Kumar   13 October 2015 at 22:54

Dowry case

Dear Experts, My marriage was on Dec.2013 and after that my wife is demanding money and harrsing me in various ways like want to do LLM,Coaching in Institutes, heavy pocket money and some other ways like says I want freedom to go anywhere and do not respect my parents etc. My salary is very low to afford her expenses and she also know about my salary that without help of my parents income we cannot survive but she consider my father's pension. I have also a baby which is now about 1 year. One day she says I want to go outside for my brothers business and sit there for his work and we deny this and then after 2-3 days she says I want to do coaching for judicial services. She is also an advocate. I deny it because at that time my baby was 7-8 months and I want his proper care and my father is also 70 years. He also need care. But at this time she shouted at our family makes quarrel and then she call his brother and then went to her parental house. After 2 -3 days she come and quarrel with my mother and she called police and then police came and councel both parties and says stay my home. But she wrote to police that I will always come to meet our baby and left my home. After 20-25 days to avoid any mis happening we give a complaint in women cell that my wife is harrasing me. In women cell she is not agree to come home and deny to come back at home.She also takes baby from us in women cell. After 4 months she give complaint in court that we are seeking dowry from her. our Neighbours are also knows that my wife is harrasing our family. My neighbours and I also went to her home to take back but she deny to come back. Please help me and suggest me.

md ismail   13 October 2015 at 22:02

Temporary employee in postal department

Hi experts,
I am writing here on behalf of a poor women, she is wife of a Temporary employee in postal department. Her husband worked for postal department for 30+ years and died on service at the age of 58. The department did not made him permanent during his 30+ years of service also. He used to receive between 3000-5000 as salary. After death she received about 93000/- as amount in her bank and nothing else. Also she got again a temporary job and getting salary of 6000 p.m. He or she never get any bonus also.

I saw on postal department document on employees that even temporary employee will get pension etc.

Let me know whether she should get:
1) Pension
2) Gratuity
3) Bonus
4) PF
5) Permanent job to wife

Please help me in this regard.

Thanks