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

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Vanya   14 September 2015 at 12:46

Absence of direction clause alloted to each co-owner

My father had purchased a land property appox. 3years ago with his brother (my Uncle),a distant relative and a broker(acquaintance of the distant relative).
Now that distant relative alongwith the broker are pressurising my father and uncle to sell off their share at a rate much lower than the market rate to make undue gain in their subsequent sale of the entire property.
Also we have recently come across a technical glitch in the land agreement papers. There is an absence of a clause allocating specific direction(north, south, east, west) to each co-owner of the land. Thus in this case even if we proceed to sell our share independently the broker and the relative can raise objection on this issue.
Kindly suggest the remedy.

Sumiteshwar Choudhary   14 September 2015 at 12:31

Exact procedure for the second appeal before a high court

If an accused got convicted u/s 279/304A IPC, 1 year of imprisonment and 10,000 fine by MM. Sessions Court dismissed the appeal. Now, what is the exact procedure to knock the doors of High Court as I have heard a second appeal is not maintainable in criminal cases? Please advise at the earliest. Please cite case laws in support if possible.

ARTI GUPTA   14 September 2015 at 12:21

Easement rights

Kindly guide me as to whether in case of a three side open house right of easement be claimed by first floor & second floor owners to access their respective floors from front gate of the house instead of gate installed in side of service lane, because during rainy seasons & also during work being undertaken by jal board & mtnl the service lane is too messy.

Also as per easement act can top floor owners install their water pumps extracting water of jal board at ground floor, because it is very difficult to bring water at top floors otherwise.

Ajana   14 September 2015 at 12:10

Can i claim on my mother's property?

My name is Ajin and married (habeas corpus @ High Court of kerala). After suicide of my Father my Mother re -marriage. Now, my mother was owner of the house. Now my Mother neglected me. She supports my step Father family too (He is a drunguad and smoker). My step Father sold out my mother's jewellery and valuable properties too . Can I claim on my mother's property and jewellery, because the property document was on my mother's name.

Ajin, TVM

ARTI GUPTA   14 September 2015 at 12:10

Local commissioners report

I want to know whether local commissioners report be viewed on net, if so how?

Sunny   14 September 2015 at 11:50

Is that marriage legal?

My gf was forced to marry with a guy without her consent by her parents. Her parents took her signature on marriage papers and filed them in court. But from that day that guy is not living with her. The guy lives in USA and the girl lives in India. It's been over a year that they are married according to court but they have not met and not living together. Is this marriage a legal one? Now she wants to get married to me and even I want to get married to her. If that forceful marriage is legal then what steps should I take to get married to her? She belongs to Muslim community and I belong to Buddhist community.

Dhavankumar   14 September 2015 at 11:45

Is non cognizable offense bailable?

Whether a non cognizable offense is bailable wen the person surrenders before a magistrate

Kavindra   14 September 2015 at 11:09

Forced to withdraw name from fir

What to do if someone has forced me to write and sign an application withdrawing his name from FIR under duress??

Haresh Jambucha   14 September 2015 at 11:05

Refund of vat.

Hello there, My query is regarding VAT refund. One of my friend have contract work in Narmada Nigam (dept of Guj Govt.) He is carrying out work of Under Ground Pipe Line laying.When he raises bill for that work department deducts VAT @ 0.6% on the gross value of the bill.However Section 54 & 53 of Gujarat Value Added Tax provides limit that VAT TDS can be deducted only if gross amount of the bill exceeds Rs. 1 crore, but here its not exceeding so my question is whether they can deduct it or not.If they have deducted it wrongly how can he take refund of the same? My friend is not registered with the Guj Govt VAT department. Whether he will have to get registered under VAT dept to take refund of the VAT?

Read more at: http://www.caclubindia.com/experts/modify_message.asp?entry_id=1018363

Vijay Salaskar   14 September 2015 at 10:53

Money gift deed

My father has sold his flat and given me 50 lac rupees in cash and cheque. I prepared the gift deed for that and taken his sign in front of two witnesses. Gift deed format is given below.

GIFT DEED

KNOW ALL MEN BY THESE PRESENTS that I, _____________ S/o Sh.___________ r/o ____________________, transfers voluntarily, CASH OF value of which is Rs.50,00,000 (Rupees 50 lac only) to my SON SRI.____________ S/o of Sh._________________ (hereinafter referred to as "the donee") To Hold the same to the donee absolutely forever. I further declare that the said gift has been made by me out of my natural love and affection for the donee and the same has been accepted by the donee.

IN WITNESS WHEREOF, I have executed this deed this ________ day of __________.


I purchased the 2 bhk flat using his as well as my money. Now my father is staying with me in the same flat. I spend around 5 lac rupees on his medicine and hospitalization. But now after 3 years he wants his money back and wanted to stay seperate.
In this case, how much money should i give him back.
Should i give him 50 lac?
or should i give him 50 lac minus 5 lac spend on his medicine and hospitalization?
or should i give him 50 lac plus interest?

Please advice.