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

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Balakumar   04 April 2014 at 14:16

Gift deed

Due to matrimonial issue, I have filed a divorce petition in family court. During the mediation, we both agreed in memorandum of settlement under sec 89 Crpc R/w 24 & 25 of Karnataka Civil Procedure (mediation) Rules, 2005 as following agreements

1. I have to gift my flat to her and also she agreed to pay the remaining EMI once the gift executed because the flat is under mortgaged.

2. I given that flat for rent, she agreed that tenant can continue till his lease period.

3. The advance amount which i collected from tenant that i have to give her in way of DD.

4. Both Gift deed original and DD i have to hand over to her in front of the family judge on next hearing date.

I have executed the gift deed and i have mentioned the condition in gift deed as well,

"That the Donor declares that the property is under mortgage in favour of corporation bank, Koramangala branch, Bangalore with outstanding loan amount 12,44,277 as on 31/05/2013 and henceforth Donee shall be responsible to take over the entire liability of discharging the loan by paying EMI with effective from July 2013 onwards and discharge the Donor from loan liability by providing alternate sureties."

But after executing the gift deed, she refused to pay the EMI and also she didn't come to the family court. Family court judge told for cancelling gift deed file a OS suit and now the matter is contest in family court.

Now i am only paying the EMI and the tenant is giving rent to me. Original gift deed with me.

My question, If i file a OS suit Is there chance to get my property back?

Mohandas Shriyan   04 April 2014 at 14:14

Power of attorney

A partnership firm with two partners. Partnership firm received Power of Attorney from a cooperative Housing society to develop a property and look into the legal matter with the tenants.

If after the death of a partner is the Power of Attorney remain alive with another partner?

pb   04 April 2014 at 13:58

Car parking related

Can the Car provided by the office to my father be parked in society. House owned by my father.
I had got the car in my name (transfered by DAD old car) and stay within the family.
Am I also eligible for the Car parking.

VARADARAJAN T R   04 April 2014 at 13:32

Issue of birth cirtificate from bbmp

Dear Sir,

I lost my all records while relocating from Delhi to Bangalore 6 years back, I need to apply for passport where DOB copy to be submit with authorities. I went to BBMP office of my area and ask to issue birth certificate as per their records. They found no entry in the records and they asked me which hospital you born, I said I born in home not in hospital, they said me to apply with civil court to obtain the order and submit with BBMP to issue the BC. Is this process is correct? Can you advise me

S.Lakshmikanthan   04 April 2014 at 13:31

Missing original suit bundle in exrart e.p stage

dear advocates,
I am an advocate ,i need your suggestions .
we are appearing for judgment debtor in Execution proceeding against the original suit for specific performance of sale, but the defendant/Judgment debtor set exparte in O.S. we have filed petition to set aside exparte decree, which is in SR stage.but the o.s case bundle was missing in the court office and cannot able to number the petition. E.P proceedings is going on faster. what can we do now. pls help us

Advocate Suneel Moudgil   04 April 2014 at 13:16

Consumer protection act

Whether student comes under the definition of consumer as per CP act?

Vaishali   04 April 2014 at 13:13

Time limit to file revision in sessions

My Criminal Complaint was dismissed on 26-09-2011 for lack of prosecution by the Complainant. My Counsel kept me in the dark saying the Order is reserved. Now my Counsel has given me an affidavit saying it is his fault and I should not be punished and Complaint be restored. I wish to file a Revision Petition in the Sessions Court. What is the time limit to file a Revision? Do I need to also file an application u/s 5 of the Limitation act? Under which section shall I file the revision ? (397 of the Cr.Pc). By how many days is my Revision late?

The certified copy of the order (dated 26-9-2011) was prepared on 3-3-2014 and delivered to the Complainant's Counsel on 12-03-2014 and the Counsel delivered it to the Complainant on 27-3-2014. Aggrieved by the said Order dated 26-09-2011, the Complainant filed a Revision Petition no. 7808 of 2014 on 31-3-2014.

The same was heard by this Sessions Court on 2-2-2014 and was pleased to dispose it off with liberty to the Complainant to file proper Revision Petition against the impugned order dated 26-09-2011.

The Court remarked that the format is incorrect.

krishna mohan   04 April 2014 at 12:36

Mortgage of land as surity

Mr X approached my father and asked to be as surity as Mr Y is ready to lend money to X if my father could mortgage our land.(in turn X has offered 50% share in his business).
Mr Y gave Rs 10 lakhs to my father after he got 2 acres of land mortgaged without possession and took 15 promissory notes with signature without writing amount on it.
In the same way my father took The promissory notes from Mr X and gave him 10 lacs.
For few years there was no problem between X and Y but now x says that he had repaid all the money to Y and Y says that he didn't even received a rupee.
Actually with prior understandind between X and Y only we were brought in the situation
now Mr Y is threatening us that he will attach our land.
My questions are
1)in the mortgage without possession it was mentioned that for rs 20000 only the land is being mortgaged. Can we deposit that amount in the court and get our land released without relating to the the money we received(10 lacs)for which we wrote another bond paper accepting that amount
2)can Mr Y bring those promissory notes into the situation to claim more money as our land is mortgaged to him.
3)in what way the promissory notes we took from Mr X are helpful to us
4)is there any limitation of time to get our land releases from Mr Y
The entire event started in January 2007
Kindly help as we blindly believed those Basrards and were cheated.

jay   04 April 2014 at 12:32

Regeistering pf code & labour license

I want to know fees or cost to Register PF code & Labour License (Registration & renewal) for a company about 40 members. I want to know if Company is Partnership Firm, Properriter Base, Pvt. Ltd, or Ltd. what's kind of documents require to submit to the right authority ? please inform to me.

Kiran   04 April 2014 at 12:26

About doing one regular and distant/private/open degree simultaneously

I am regular degree second year student.I want to join a distant/private/open degree from an another university now.If I doso.I will pass my 4 year regular degree and 3 year distant/private/open degree in. same year.

Is there any law problems in this?Is there any university allowing two degreea st a time otherthan dual degree/multiple main programmes?

What is the stand of UGC? Have ugc given final approval for two degrees at same time?

Is there any court orders regarding this?