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

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Sunil Kumar   15 September 2015 at 11:29

Request letter.

This is with reference to your office Memo No. 1195 dated 07.08.2015 on the subject cited above, in this connection it is intimated that the applicant is working as Peon in Govt. office. It is brought to your kind notice that the applicant has applied for a bank loan amounting to Rs. 20,000/- in the year 1998 and Sh. Malkeet Singh, LDC has completed all necessary document duly signed by the applicant for processing the bank loan amounting to Rs. 20,000/- on behalf of the applicant and submit all signed documents in the Bank Branch for approval/ sanctioning the loan. The Bank has sanctioned the loan amounting to Rs. 20,000/- for a period of five years through EMI (Equated Monthly Installments) alongwith interest & penal interest (As per official record of Bank) without any intimation to the applicant. The applicant has requested time and again to Sh. Malkeet Singh, LDC to process the loan and provide the loan through the Bank Branch. Sh. Malkeet Singh, LDC avoids the request from pretext to another. After 1½ years, the Bank Officers/Official contacted the applicant and intimate the applicant to deposit the loan amount of Rs. Rs. 20,000/- by way of installments/EMI within stipulated period as fixed by the bank. The applicant has shocked to hear this intimation from the Bank officers/officials and contact the Bank Branch Manager with a request that the applicant has not received any money from the Bank Branch. The then Bank Manager avoids the request of the applicant and directs the applicant to repay the loan amount by way of EMI as soon as possible. The applicant has intimated the Bank that Sh. Malkeet Singh, LDC has getting the amount fraudulently and misused the applicant’s signature to get the loan without any intimation to the applicant. Even the applicant has made a complaint to Senior Superintending of Police, Panchkula to inquire the facts of the matter and intimate the inquiry proceedings to Bank as well as the applicant. Resultantly, the bank has addressed a letter to Sh. Malkeet Singh, LDC bearing Memo No. RKI/ARN/617-18 dated 15.03.2000 to appear/ report the bank on 24.03.2000 at 11:00 AM with a copy to the applicant. The applicant appears before the Bank on the same date for solution the matter. After discuss the matter with the applicant, the Co-operative Bank has directed the Inquiry Officer to conduct an inquiry of all the truth facts of the case and send detailed inquiry report to the bank as early as possible. The applicant has neither given any intimation from the bank the status of internal enquiry report nor the bank has requested to the applicant for repayment the loan alongwith interest within stipulated period of five years.
On 07.08.2015 the Bank has sent a Demand Notice to the applicant for repayment of Rs. 70,001/- failing which legal criminal as well as civil proceedings shall be instituted against the applicant. Actually, the Bank’s negligence for not intimation the outstanding loan amount to the applicant is become financial burden on the applicant in the aspect of heavy interest. Despite, imposing heavy interest from the Bank and after receiving the demand notice the applicant is ready to repay of loan amount by way of installments of Rs. 3000/- per month and the applicant has deposited two loan installments in the bank on 18.08.2015 & 10.09.2015 as intimated by the Bank A/c No. 10019004045
This bank account is not mine.


what can I do in this matter. Is I have to pay all amounts or not with interest. Kindly suggest me.

RAMAKRISHNA   15 September 2015 at 11:07

Daughter and her Husband harrassment

Sir i am retired govt.employe living peacefully looking after my beloved wife and son. I have 5 daughters all got married and my son is single working as executive engineer. My last daughter got married in 2011 and has a child and now she is pregnant again. Now she came back home saying she cant live with him anymore and troubling us both in all possible way. My son in law is also not bothered about her. All they want is to live separately. But we are not mentally and physically well to look after our married daughter as she has no deeds with us torturing us blaming us for her married life.

Akbar Ali   15 September 2015 at 11:01

I wanted to pursue my law education

Hello All,

I am 36 years of age, physically challenged and completed my b.com graduation in the year 2007 with a pass class. Earlier i had a KT in Economics which i have already cleared it. Just wanted to know real quick if i can pursue my law education. And if i can please help me with the colleges and please help me getting admission in the same college that you would prefer me to join.

ChandanLawyersclub   15 September 2015 at 10:49

Marriage break down due to not having child (family law)

Dear Experts,
Husband and wife are married from last 12 years no kids due to some medical issues of wife.
Wife has decided not to have kid/ not willing to adopt/ not willing to take any (ART)treatment, husband is very keen for kid. Husband has some hope during last 4-5 years wife will change the mind. Husband has tried through all family members, till date, he had some hope but now lost. Wife is not willing to take responsibility of child. Wife tells husband forget about child. If he want solution, go to court and contest case, which she will drag for minimum 10 years. By the time husband will be 51 his own biological fertility down. Due to big delay in justice husband is not willing to file contested divorce case. For MCD many times he has spoken to wife, she is not willing. Wife has got sufficient money and job, she can survive without maintenance, so will drag case years and years, she has no plans to remarry again. Husband and wife relation is not working due to husband wants child, wife do not want.

1. Can husband file a petition in court ( family or HC)to allow him adopt a child as single parent since husband is sufficient financial and family support to raise child?. Will court allow such petition and act on?

2. If husband goes for live in( not marriage) with a unmarried women and have child( 497,494 IPC should not be applicable), but wife can file divorce and grounds of civil adultery and 498A/ DV. Husband also wants divorce. I think no one from legal fraternity will suggest this, but if husband adopts this as last resort. How maintenance of wife will affect in such case if she files the divorce case latter on. Any bigger criminal IPC also can come in picture(other than 497,494 IPC) ?

3. Can Husband's married brother/ sister( all have 2kids), any brother& Sister In Law adopt a child for his brother ( husband), which husband will raise . Since all his nephews and nieces crossed 15 years, no small kid in family?

Pl. through some light on these points.
Regards

Chandra

Kalyan Ghosh   15 September 2015 at 10:25

Road taxation for a transferred vehicle to other state

I have a car at Hyderabad. for which life time tax has been paid.Now I want to transfer the car to Kolkata without change of owner,only address change to a new state will be done.I have gathered from Kolkata that Fresh Road Tax as applicable in Kolkata will have to be paid.
My Questions
1)Whether for a life time tax paid case fresh road tax can be charged in the new state.
2)If road tax is paid afresh refund of due admissible amount. can be claimed from original state ie Hyderabad.
3)Is there any clear guideline in this regard from Motor Vehicles Act,1988 or Central Motor Vehicle Rules.
Kindly guide.With thanks.

Sanjoy Acharjee   15 September 2015 at 10:23

Ecommerce sites regulating laws or acts

A eCommerce site is on the way to forfeit my money. What is law/ act which governs to prevent it to pursue such malpractice. Who is competent authority of Govt. for lodging complaint. If it at all forfeit my money, how can I legally fight against the eCommerce website proprietor to get back my money?

kishore   15 September 2015 at 09:40

change of surname

Sir my name is Kishore tiriveedhi but in all documents like matriculation certificate intermediate graduation certificates and aadhar card passport it is written as tiruveedhula which is incorrect now I want to rectify it as tiriveedhi. Kindly explain me the legal procedure to change the surname as I am belongs to state of Andhra Pradesh and working in central govt

Kumar   15 September 2015 at 09:20

Partition suit

Request your advise.....
My mother was born in February 1954.
My mother's father expired in August 1987 leaving behind his wife, two daughters (eldest daughter is my mother) and one youngest son; he had left no WILL.
My uncle succeeded 4nos Mining Leases self acquired by his father with the consent of his mother and two elder sisters through a Misc. Case but not the rest of the immoveable properties in August 1987.Meanwhile, my grandmother expired in May 1996.
My grandfather had inherited property from his late father through a registered deed of partition in September 1952. All immoveable properties both self acquired by my grandfather & inherited by him from his father are in the name of my grandfather.
My mother is in possession of a building self acquired by her father since June 1992.
Can my mother file a Partition Suit as a coparcener and claim her share?
Does she qualify to receive any immoveable property left by her father & inherited by her father from her grandfather?
What would be the implications on her Partition Suit as The Hindu Succession (Amendment) Act 2005 has been repealed on 13th May 2015?
Do we, the grandson & grand daughter have any right on maternal grandfather's self acquired property or ancestral property?

mcdeepak   15 September 2015 at 09:15

Stamp paper correction

There was a typo error of house no of a partner in the unregistered partnership deed on stamp paper.
Is there a provision to correct this .
What is the procedure to correct this.
This is still not registered or filed , but just created
Expert support is appreciated.

Ashok karumanchi   15 September 2015 at 08:13

House is not mortgaged but the site is mortgaged

A have purchased 83.4 cents property in 1962
In road extension during 90's she remained with 80 cents land. A house was constructed in the name of her husband in 1990. She sold the part of the land other than her house and some site in backyard.

In 2010 she mortgaged her remaining part by mortgage of title deeds,
In 2015 the loan became NPA and bank moving with Sarfaesi act and given notices.
I have seen that in the schedule Sarfaesi notices 13(2),13(4),sale notice, the house is not mentioned, and the bank mentioned the old boundaries of total site as in 1962 sale deed. And the not mentioned road extension and sale of the part of the land to others. it seems like that bank not done any physical survey.
Now that site is for auction in very good affordable price. I want to go for bid. Any legal issues will arise during registration of the sale certificate? What checks i need to consider .?