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

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Akhalaque Ahmed   29 September 2014 at 15:57

Mulla\'s principles of mahomedan law undersection 2

Dear All Memebers,

Good Afternoon,

kindly explain the MULLA\'S PRINCIPLES OF MAHOMEDAN LAW undersection 2 this particuliar section related to moohamedan law.. i need your suggestion in this issue.

waiting for your reply

veedu   29 September 2014 at 15:43

Criminal breach of trust

I am in relationship with a guy since 3 years. We know each other for past 10 years. We studied in the same school.We were happy in the relationship and had normal fights like other couples do, nothing drastic.We both signed a contract that we are in relationship and will end up married.I have all conversations with my lover recorded in my phone with his awareness and he too has recorded conversations. But i doubt he is cheating on me.He promised to marry me but keeps postponing.Once when me and my parents put pressure on him, he asked his friends to abuse me.He has accepted this in facebook chat that he asked his friends to abuse.After that we fought and i abused him too.My parents talked to his parents and his parents gave assurity that they will marry us to each other and his mom told that I am her daughter-in-law no matter what.But even after all this he is dodging from marriage and still now telling some reasons to avoid marriage.He is telling he cant marry me now as his elder borther has to get married but his elder brother told clearly that my lover has to marry me and need not postpone his marriage for his marriage sake.But still he is dodging marriage. He asks me to not talk to him and acts disinterested in me always.When my parents went to his home to ask again for marriage, he insulted and disrespected my parents. When I called and asked him he said he wont marry me and switched off his phone and escaped. I have evidence for our relation and photos together, voice records, facebook chats, gmail chats.Can I file a case against him for breach of trust and cheating, false promise of marriage and cheating after having physical relationship. I dont have medical evidence of physical relationship with him but he once came to bangalore to my home and he accepted on phone that he had physical with me and on video chats too. Please guide me

K Animesh   29 September 2014 at 15:28

Maximum visitation

Dear Sirs,
Finally time has come for the court to decide about my Custody and Visitation rights. In main Petition of RCR I have asked for my Child’s custody and in Interim Petition I have asked for Interim custody or Visitation Rights.

The Opp Party is not appearing even after service of summons.

My Lawyer would request to Court to move Ex Parte for Interim Petition and then for Main Petition.

Since the child is of 4 years, I may be denied Interim custody.
I have three applications ready if the custody is denied:

I have prayed to allow me to bring the child for 10 days for Diwali Vacations to Pune from Lucknow. My wife may accompany me and may stay at her sister’s place, expenses wd be borne by me. My mother and sister would be there at my house during her stay.

If this is denied,

I may be allowed to take my child to my ancestral place to spend Diwali vacations, there also my wife may accompany me and may stay at her sister’s place, expenses wd be borne by me. My mother and sister would be there at my house during her stay.

If this is also denied,

I am ready to stay put in Lucknow, and then I may be allowed to meet and spend time with my daughter for next 10 days at my relative’s place. My wife may accompany at that place or any public place if she so wishes.

For Final Orders,I am even ready to have a rented accommodation at Lucknow and would make myself available at Lucknow on every weekend. My Transfer is also approved.

In all probability, if I find that my daughter is not keeping well, her behaviour seems frightened or abnormal etc. I may be allowed to bring her back to Pune and get her examined by some child psychologist.

I hope court would have some lenient view and would allow the third option.
Still I am doubtful and hereby request the experts, to let me know some Citations and Supreme Court guidelines or Case reference which I may use and win the maximum visitation rights and in case of some issue, may be allowed to bring her back and bring her to the court to access her wellbeing with doctor’s report.

Please help experts, give your inputs.

Also Let me know, If i have court orders any of the above mentioned or any other, can the opp party simply deny to oblidge?

Thanks-Animesh

498A-filed   29 September 2014 at 15:25

Information to my wife's employer about criminal cases against her

Dear Experts,

Arrest warrants have been issued for my wife in one of the non bailable cases as she has failed to appear despite being summoned by court.

She works in a bank branch.I am contemplating an idea to send a legal notice to her branch manager stating the facts about the criminal cases against her and that a warrant is pending against her. I will request her branch manager to inform the police about her presence in the branch and act like a responsible citizen. I will attach the copy of cognizance order and the arrest warrant order, which is a result of her criminal misdeeds.

My move is to build pressure on her to face the trial.

Please guide me if this move can have any adverse legal consequences apart from my maintenance cost if she loses her job.

Yashodhara Rao   29 September 2014 at 15:22

Query

A person has been working in a pvt ltd. company for more than 2 years and has resigned due to some personal reasons, serving proper notice period of a month as per the company policy.
He has given his resignation via company's mail id and cc'ed to another company which he wants to join next.
The company from which he is resigning doesnt wants him to leave and also doesnt replies to his resignation mail even after he sends a reminder mail for the same.
But yes he had verbal conversation with the HR to resign.


Now after resigning the company has blocked his remaining salary and threatening to him in different ways
1. You will not be able to work in any company in Lucknow
2. Theft
3. You have been terminated(but he has not received any mail of termination)
4. You will go through criminal proceedings and will be in jail.



Now my question is how the person can defend himself from the company and get his salary back?


Is he able to sue the company for the same ?

If yes which section he can use?

Are sections of mental harassment and threat applicable ? Which section of mental harassment is applicable?



Regards

Kvijay12345   29 September 2014 at 15:03

Drt

In case of Unsecured Personal loans, a recovery certificate against the Borrower is issued by DRT without mentioning any property of the borrower as no property of the borrower was mortgaged.In the order there is no mention of any property anywhere. however,this order is challenged by the borrower in DRAT & it is still pending.but meanwhile the certificate holder Asset Reconstruction Company has issued a notice to the society in which , a borrower owns a flat;asking the society not to allow anybody to deal with the said flat in whatsoever manner.Can the Asset Reconstruction Company do so & defame & humiliate the borrower while the appeal is still pending? Can the borrower sue the Asset Reconstruction Company for defamation,mental torture & humiliation? What are the legal remedies available for the borrower?(N.B. The order copy is attatched herewith for the kind reference)

Jayant Anand   29 September 2014 at 15:01

Against false 498a, dv and other cases

Sir,

My name is Jayant and I am from Lucknow UP and living with My Father, mother, and a younger unmarried sister and working in a private company.
I got married in April-2012, my family life was going well but after 1-2 months my wife and her parents were force me to get separate from my parents and stay near my wife’s parental home and work somewhere in there city, but I denied but my wife started giving pressure from many ways,
We got a child in March-13 after that also my wife did not understand anything and planned to file cases against us, then after I took her out of city to make her understand the things but then she ask me to drop her at her parental house for some Pooja and else, when she went to her father she denied me to come back, and filed FIR in nearby Police Station and one Women Organisation, I met her in the Women Organisation and ask then to tell her to live with me but she again denied and told them that she will ready to live with me if I will live separately form my parents, but Women Organisation told him to live with whole family she went to her parental home then I file Sec-9 to ask her to come back but she filed complaints False CASES through 156-3 of 323, 506, 498A, ¾. and also Sec-125 and again she filed DVA also, against me my father my mother my younger sister and My married sister who living in other state to threat and harries me and my family.
Pl suggest how I can defend me and my family form all these false cases.
I shall be very thankful

Regards,
Jayant

Prasad N Patil   29 September 2014 at 14:50

Married daughter's share

My Father-in-law expired without naming a heir to his property in Mumbai (03 chawls)& native place (03 acres of agricultural land).
Altogether there are 05 brothers & 04 sister (including my wife) & their mother.
What share my wife will get.
All the 05 brothers are planning to give some minimum sum.
Can my mother-in-law claim her ownership to all the property.

archana   29 September 2014 at 14:20

Arbitration

dear sirs
1)
i have procured goods from a supplier for export which unfortunately went into dispute for late delivery and i had to pay a claim to my overseas client.my creditor filed a case for arbitration with bharat merchants chambers and even though i had put across my points the same was not taken into consideration while handing out the award as the creditor is a member of the org and i am not. during my verbal talks with the creditor i was informed that the awards are always granted in favor of the member.
2) also i have not signed any dox related to appointing them as arbitrators.
3)i read in your earlier discussions that the the competition commission of india has cancelled the the rights of association to arbitrate between members and non members on 20 jan 2013, . what is the implication of this.
4) what are my rights regarding appeal in the high court.
5) can we prove their judgement to be biased under such circumstances.

would appreciate your early reply as i can file appeal accordingly.

thanks in advance

preeti   29 September 2014 at 14:07

Reg: name on passport

Respected Experts,

I have a query Regarding my name on my passport. I had an inter religion marriage under special marriage act and also a nikhanama. I am Hindu and my husband is muslim.
After marriage I have continued my hindu name on all my legal documents including passport. Officially I have not taken my muslim name as it was for nikhanama purpose only.
Now I plan to shift to Dubai(UAE) with my husband. I need to know will I have any problems with the laws there if I use my hindu name as I have heard shariat laws apply there.
Please help..as I really need some good expert advice on how to go about it.I would not like to change my change and I am looking for solution as how to keep it.

Thanks & Best Regards
Preeti