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

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kumar   30 August 2014 at 22:42

Endowments &government

Dear Members,

How to protect a private temple from acquisition by endowment department or from govtment ???

Thanking you all...

Seeker   30 August 2014 at 21:30

Defamation case against wife and in laws

My friend is going through a divorce case and is under mediation with his wife. inspite of the case being in the court the wife and her family keeps making calls to husbands family friends to narrate false sob stories that wife was mistreated and was thrown out of the house etc. wife's family is doing all this to spoil the reputation of her inlaws so the pressure is built on them and they withdraw the divorce case.
My question is, that can the husband file a defamation case against his wife and inlaws? He has phone recordings to prove where his family friends are narrating that wife's mother called them up and said all the sob stories.

KmeduVishnu   30 August 2014 at 21:16

Doctrine of per incuriam

Dear Experts,

If the trial court passed any order by ignoring legal precedents will amounts to that decision is "per incuriam".

The doctrine of "per incuriam" is applicable only to Supreme Court and High Courts or it is also applicable to lower trial court's orders.

MOTILAL JHALANI   30 August 2014 at 20:29

Time barred for money

I had purchased a residential flat in 2006. I had paid Rs.95000/- as advance as per agreement. The Developer was to hand over the completed flat after two years. I visited the site several times till December 2010, there was no structure. Recently I visited the site and could find that only structure was there.The Developer has never asked for further money.

I want to file a case before the Consumer Forum to hand over me the completed Flat.

I want to know that the money paid as advance are barred by limitation of time? Can I file a case before Forum for handover me the completed Resident Flat now?.

Saurabh   30 August 2014 at 19:56

Order 7 rule 11 & order 6 rule 16 application

Facts:
Plaintiff filed seeking permanent Injunction to prevent from dispossession of Suit property

Appl O.7 R.11(a)&(d)doesn't disclose any cause of action & O.6 R.16 abuse of process of court

CAN A PLAINT BE REJECTED WHEN
the plaint & supporting affidavit was prepared & printed with alleged cause of action dates (eg 03/02/2000, 04/02/2000, 05/02/2000)AND signed by the plaintiff and attestion of supporting affidavit was done on 19/01/2000.
And Finaly suit filed on 07/02/2000 after passing alleged COA dates.

Issue: the supporting affidavit is dated & attestion is 19/01/2000 but the cause of action alleged in the plaint is a future event, which is yet to happen. IT IS LIKE THE PLAINTIFF IS MAKING A PREDICTION IN AN AFFIDAVIT THAT CAUSE OF ACTIONS in plaint WOULD OCCUR TO HIM ON FUTURE DATES.

REPLY FROM PLAINTIFF o7 R11 APP IS INADVERTENT TYPOGRAPHICAL ERROR.

KINDLY help on the scope of success or failure of o7 r11 app on these facts.

Imp Case law on would be welcome.



dipti bansal   30 August 2014 at 19:29

On advocate letter head no licence number mentioned

sir,
one of my client visit my office now denied through advocate i got noticed and no notice letterhead nolicence number is mention on that
i am real estate agent his client is asking my license number through advocate
can i give to advocate license number
as their any rule require compulsorily license to agent

ASHISHKAMTHANIA Advocate   30 August 2014 at 19:28

Member of unregistered bar association

RESPECTED SIR,
I AM A LAW GRADUATE AND PRACTICING AS TAX ADVOCATE SINCE 2009, I JOINED A TAX BAR ASSOCIATION IN 2012, AND I AM A REGULAR MEMBER OF THE TAX BAR ASSOCIATION.
WHEN, I KNOW THAT THE TAX BAR ASSOCIATION IS NOT REGISTERED WITH ANY LAW, THEN I AND 6 MORE MEMBERS OF THAT TAX BAR ASSOCIATION AND 7 MORE NEW ADVOCATES ARE JOINTLY SIGNED OR FORMED A NEW TAX ADVOCATES TAX BAR ASSOCIATION, AND GOT REGISTRATION IN SOCIETY ACT.

THE OLD & UNREGISTERED TAX BAR ASSOCIATION HAS A RULE "THE MEMBERS REGISTERED WITH US, ARE NOT JOINED ANY OTHER TAX BAR ASSOCIATION"

NEW MY QUESTION IS ==>>
BECAUSE I BREAK THE RULE OF OLD TAX BAR ASSOCIATION, THEY CAN PUNISH OR DEFAME ME OR THEY CAN ASKED ME ANY QUESTION?
IF THEY PUNISH ME CAN I FILE ANY CIVIL CASE ON UNREGISTERED TAX BAR ASSOCIATION.

PLEASE HELP ME !

REGARDS,

Ashish Kamthania,
Tax Consultant & Advocate

Residence : 23, Tilak Colony, Rampur - U.P. 244901 INDIA
09258010105, 9219727427, 0595-2350246
email : kamthaniya@gmail.com

dipti bansal   30 August 2014 at 19:26

On advocate letter head no licence number mentioned

sir,
through advocate i got noticed and no licence number is mention on that
i am real estate agent his client is asking my license number

ASHISHKAMTHANIA Advocate   30 August 2014 at 19:20

Court fee for power of attorney

respected sir,

in vat and income tax cases many accountants and C.A. are the representative of the assesses, and present themselves in front of the authorities, the shop Power of attorney.

my question is ==>>
what is the court fee for "POWER OF ATTORNEY" they made it on Rs.10/- stamp.

please reply me

regards

ashish kamthania

dipti bansal   30 August 2014 at 19:18

Dishonest intention,beach of trust

sir, one client visited my office for flat requirement,i given him all details of flat that time already to late so i told come in morning he not came on 10 before that he went to owner and done the deal,what is my right of brokrage
he is telling i dont know you
lawyer sent me notice
of extortion & harressment
dipti
8806189858