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

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kalpesh   07 February 2015 at 08:32

For filing petition

i got married in 2003,got son in 2005 and since 2007 i am living separate from my wife and son.she left my home,went to my inlaws home and put some false cases against me like 498a,domestic violence,125 maint.etc.an interim order of domestic court was decided in 2008 and court ordered me to pay 3000 per month from the date of petition filed means from 2007,i followed order and started to pay regularly,in july 2010 she started job in a collage as professor at 12000 per month salary yet she kept receiving 3000 from me.in oct 2011 she put a petition to get maintainance for her and son as well saying that she do nothing and she is unable for BHARAN-POSHAN of herself and son.i decided to fight and filed rti in her collage and got documents of 2 year salary sheet but at the same time she put her resign letter and left job because collage informed her about my RTI.i put this argue in family court that she can work,she left work intentionally only to harass me however family court ordered me to give 2500 for her and 2500 for son total 5000 per month as a interim order while i was unemployed at court record.itwas unjustice and i appeled in high court but they also took favour of lower court and refused my petition.i put a RTI before some days ago in ESI department to know about her bcoz she was registered in esi department and they told me that i cant get information becoz as per their record she is unmarried,they are asking who i am. jabki hamara abhi divorce nahi hua hai.saare case chal rahe hai.pls suggest me about all criminal case with section which i can put against such a cheat,fraud lady.Perhaps she told lie in collage also that she is unmarried.pls suggest criminal section against her

pravin   07 February 2015 at 08:09

Alumni and maintenance

Hello sir I got acquittal in 498a case and I want to file divorce suit but I won't to know on grounds of mental cruelty will I have to pay alumni and maintenance to her.

mitraj   07 February 2015 at 00:56

live in realation

Since august , My wife left our home without informing anyone and start living with her mother and also started her own business . She also sent me a notice through her lawyer , asking for all her ornaments and money, and also mentioned clearly that now onwards she doesn't want to live with me . Last month i call upon a meeting and invite her and all her relatives ( uncle .. anty ..brother etc. ) , but no one turned up . Now from my sources I came to know that she has gone for live-in relationship with that guy ( .. with whom she was involved ) ... and he is supporting her financialy , but not staying with her and visits her twice or thrive a month . My question is... can she go for a live-in relationship without taking divorce with me .... or ... can i take any leagle action on her or/and that guy . Secondly , our son who is 16 is with me .. what is her responsibility towards our son ...plz. advise.

durga   06 February 2015 at 22:47

Rti - reg

Sir, I want to know whether I can ask for the following information through RTI.

1. Monthly stipend paid to each post graduate (Full-time) medical student in the Department of Medicine during the academic periods 2004-05 and 2005-06.
2. The names of the beneficiaries who had availed stipend from the Department of Medicine during the academic periods 2004-05 and 2005-06.

Thank you very much for the Help.

dinu   06 February 2015 at 22:44

Sarfaesi act - symboli possession & "as is where is what ever there is" basis

I participated in a bank auction and was declared highest bidder in respect of residential property. However, sale was not confirmed as the borrower got stay on "sale confirmation" from High Court.
The bank had not obtained physical possession of the bank but had taken "Symbolic Possession".

High Court case was dismissed later on. Borrower approached DRT and there also the case was dismissed. Bank started proceeding for obtaining physical possession. Borrower then approached High Court and got 1 month stay for any possession proceedings.

Bank now says that the sale is on "as is where is whatever there is" basis and the Buyer has to obtain physical possession. I had paid 25% amount at the time of auction and now the bank is asking for balance 75% amount without handing over physical possession. Bank threatens to forfeit the 25% amount if balance 75% amount is not paid within 15 days.

Request the experts to provide some inputs on the following queries:

1. Can bank wash hands on delivering physical possession of property?
2. Can bank forfeit 25% EMD if balance 75% amount is not paid within 15 days?
3. Does "as is where is whatever there is" means that the buyer has to obtain physical possession by himself?
4. What should be my next action point?

Experts views would be of great help and would be highly appreciated.

Thanks !
Rajiv

abhishej   06 February 2015 at 21:41

Marriage

sir I heared that Muslim can marry 4 wife with permission of co-wives that's true

abc   06 February 2015 at 21:30

What points to include to save husband from future false cases

Dear Ld. Experts
My client (husband) eloped and got married 11 months ago. Since marriage wife is living with her own family who are still unaware of the marriage. she never lived in matrimonial home. They have consumated the marriage. wife had quarreled with husband and mother in law many times. During fights she has put allegation that they want dowry. She also went to husbands shop and embarrassed him there. She has also criminally intimidated husband that she will get him beaten up by her brother and goons as his brother is a big builder & has contacts everywhere.

Now sometime she says I want divorce sometimes not. Husband wants divorce. Now she is asking for reconciliation.

Since there is 1 month left for 1 year to marriage and that now since she is in mood for reconciliation she agrees to give in writing that her allegations for dowry etc. were false and that she is living with her father on her own will.

Please tell me what all should I take in writing so that tomorrow she can not initiate false cases against my client husband like demanding dowry, not allowing in matrimonial home etc

Also how should I prepare the matter. I mean should it be an MOU on stamp paper or an apology letter.

Thanks in advance. Much obliged.
-Rahul sharma
advocate

Nagesh Swami   06 February 2015 at 20:31

Epf

Sir one My Client is Hotel Owner.He is running one hotel on rent basis. That hotel previous owner not takes any number for EPF.But also EPF enforcement officer directly issue the establishment number. So, EPF enforcement officer issue a notice to second lease hotel owner file pending period return & paid unpaid tax.My question is the only six to seven employee are working in his hotel so actual he is not liable to EPF criteria. So, he can apply for EPF code or resgistration cancellation.

monikakularia   06 February 2015 at 19:31

Pil judgements not necessarily decides the civil rights

The case is related to declaration of ownership and permanent injunction. The petitioner held a land in the society owned by a govt. authority. That piece of land was taken back without notice justifying it as a land needed for facility area, although minimum required area is already left for facility.
The query is that it is a well known fact that PIL judgements are right in rem, and are used to decide civil rights but I working on behalf of the petitioner need to prove the contrary i.e. although PIL judgements are right in rem but they in some cases does not necessarily decides the civil rights.

tushar   06 February 2015 at 19:29

Death not registered.

Dear all,

My grandmother died in 1982, we have some property issue today for that we require her deathcertificate.We have applied it with our Ward BMC and the hospital where she died, but both of the them claim that they dont have any details about the same. BMC claims the death is not registered with them. Pls help what to do in this case.Is there any solution for the same, like getting some letter from village panchyat for the same etc.Pls note that place of death is MUmbai.