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

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praveen   26 August 2014 at 20:21

Usufructary mortgage-latest supreme court judgement

Has any one read and summarized what is the implication of suprement court Bench of 3 Judges Judgement on 21st August in the case of

Singham Ram(D) Thr. LRS. Versus Sheo Ram & ors.(Civil Appeal 5198 of 2008).

Will it change the way Limitation Act is applied to Usufructuary Mortgage?

Suraj L Vaswani   26 August 2014 at 20:11

Marriage registration

Hello Experts:

One of my muslim friend recently got married and it was an arranged marriage. Grateful, if anyone could help me understanding how does he get his marriage registered? What documents are required for the registration? What are the fees, etc.

Cheers!
Suraj

kuldeep bainsla   26 August 2014 at 19:29

Small stamp value

One of my relatives wants to gift me ten percent of her plot. The stamp duty payable is Rs. 1042 only. Is it possible to get such a small gift of immovable property registered.

S. Fernandes   26 August 2014 at 19:23

Court attachment & sarfaesi act

1.I filled a money recovery suit on 18.12.09. against a firm. suit was decreed in my favor on 31.10.10.
2.I filled execution proceedings on12.07.12.
3. April'13 I applied for attachment of property belonging to JD.
4. Bailiff returned report stating that property has been sold on 15.02.10.
5. I reapplied for attachment of same property on grounds that it was sold in fraud of creditors of the firm, hence liable to be attached.
6. Court accepted, and attached the property.
7. subsequent to attachment, two objectors filled objections under Order 21, rule 58. the present transferee and his mortgagee bank.

Mortgagers sale deed shows purchase price as 45 lakhs. Bank has got property valued by government valuer on same date as sale deed to be 4.5 Cr. and given loan of 1 Cr.

I now want to file application before the executing court seeking to prohibit the O.A. of the bank from in anyway interfering with the property under sarfaesi act, this being a fraudulent sale, it is not subject matter for DRT, and sec 17 or 34 of Sarfaesi will not apply? As property bought for fraction of true value, and loan amount is more than double purchase price.
can I file under O39 r/w sec 151 cpc? in adjudication proceedings under O21 R58.??
Please advise, how I can avoid going before DRT?? Please advise,

Thanks,


Rugved   26 August 2014 at 19:16

Procedure to start paying guest business in nagpur,maharashtra.

Hi,

I want to start a paying guest business in Nagpur, Maharashtra. For the same I want to rent a residential flats. I want to do this business by following proper bylaws.

Kindly guide me through the complete procedure required and the legal factors which I should be considering.

Nilesh   26 August 2014 at 18:07

Vat applicable on shares & securities transaction (mcdex)

Friends, If I earn profit through sales transaction of MCDEX registered broker whether vat applicable on that sales purchase transaction i.e. gold/silver, crude oil, Jiru etc

Share And Securities cover VAT or not?

Friends Pl reply ASAP

vikash kr sharma   26 August 2014 at 18:06

Litigation cost

Dear Sir,
Please advise after paying regularly maintance cost to wife during divorce case filled by me.wife again filled another case against me in which she demanded litigation expenses from me. and also other expenses on each date of case. please advice what to do......

surjit singh   26 August 2014 at 18:03

Making lower court presiding officer as party iby name.

In a civil suit the munsiff of the court did not admit my suit on the point of resjudicata at the initial stage and on this point hearing was done on several dates and even on conclusion of the argument on this point even after several dates the munsiff did not passed any order. Subsequently, an application was made stating that the argument on the point of resjudicate was concluded long back and thereafter around two years has passed so order to that effect may be passed. Even thereafter there was not order. The petitioner made a complaint before the CJM stating the fact and praying for necessary directions. Thereafter the munsiff passed the order admitting my suit. The CJM rejected my complaint stating that at this stage the complaint by the petitioner cannot be entertained since order has been passed in the suit.
I want to file a application before the High court for such willfull delay in passing orders by the munsiff court. I am not the only person who has faced such harassmet. It is also seen that when judgemnet are reserved, those are not delevered for long more than six months and thereafter when they are transferred they name an order for release of the case and in the case the petitioner has to bear the burnt.

My question is I want to approach the High court making the munsiff as party by name. Whether it will be advisable to make him as named party. If not why.

shivraj   26 August 2014 at 17:53

Civil procedure code

Whether sec.9A of cpc application entertained
before o.39 r.1 injunction application?
plz reply and give any case laws regarding temporary injunction application priority to entertain before any other application?
Thanking you,

rahul   26 August 2014 at 17:50

Acquisition of premises on lease

Respected Sir/ Madam,
I have received offer for premises on lease for the purpose of business. The offer premises is having three separate shops in the name of three different owners which are not related each other. These shops are separate by common wall. They would be giving their premises after dismantling the internal walls.

I would like to know whether I can technically consider it as suitable in view of the different ownership.

What will be the legal complications will ariseing in future? As far as
1) execution of lease deed with them jointly or indepenandantly?

2) about obtaining of three phase connections from each one of them.

3) payment of rent in proportionate with their share in the premises.

Please convey your valuable advice in detail about this matter.