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

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Inderpal Singh   05 March 2014 at 21:35

Recovery suit assigned t third party

sir
A pvt ltd company entered into partnership with a person named B and formed partnership firm with share ratio of 25% of company and 75% of other person B. After five years a dispute arose as the partnership firm which was controlled by B had outstanding towards the private limited co. The limited company filed a suit for recovery of the total outstanding though they were themselves partner upto the extent of 25% of the liability as the firm was not dissolved till date.in the meantime the company assigned the suit to another company after two years of court proceedings.The other company has not appeared till date and the plaintiff co is fighting the case. My questions are
1 can a company file a case on a firm where they themselve is partner upto 25% share this is a case upon themself and what is the law
2 As the case was assigned to other co which is not appearing till date what is the remedy now.the case is for defendant evidence now.
please advise as this case pertains to my family and I am a lawyer dealing with
revenue law only
Thanks and gards
Inderpal Singh
Advocate

Dear Sir
The reply was not received may be it was not posted kindly reply again
Thanks

mala   05 March 2014 at 21:10

Findings of the department and findings of the trial court differ

Sir

Based on a complaint lodged with CBI a case was regd and trial simultaeneously the department initiated a inquiry based on the same complaint. Before conclusion of the trial court the departmental inquiry was concluded and findings of the charges mentioned in the complaint was proved on the basis of lacunae in the pleading of the delinquent. Then came the verdict of the court wherein it is observed that the complain so lodges is based on hearsay evidence and facts and incidents mentioned in the complaint s not admissible
1. What remedies are available as per law since the appellate authrity is not hearing the appeal and it is pending for the last 1 1/2 years

Mr X   05 March 2014 at 20:52

Housing society elections during aachar sanhita

Can anyone tell me what Aachar Sanhita is? and is it true that Co-operative Housing Societies cannot conduct Elections to change the Management Committee during Aachar Sanhita?

purple   05 March 2014 at 20:21

Urgent !! guidance required

Hi ,

My neighbour land people have made way in the centre my land without seeking my permission.They claim that it is there in the government records to leave way for 6 feet which was a wrong survey taken in 1985.i was not aware of this and did not make proper corrections. but now they made way for more than 10 feet and that too in the centre of my land. im unable to do any kind of agricultural activities because of this.we have agreed to leave way in the corner of the land but they are very adamant and they want to take revenge on us because of the dispute and they made the way without our knowledge and our permission on our land.we have made fencing but they destroyed it too.They have local political support and every law bodies are supporting them. Please help me.

purple   05 March 2014 at 20:18

Urgent !! guidance required

Hi ,

My neighbour land people have made way in the centre my land without seeking my permission.They claim that it is there in the government records to leave way for 6 feet which was a wrong survey taken in 1985.i was not aware of this and did not make proper corrections. but now they made way for more than 10 feet and that too in the centre of my land. im unable to do any kind of agricultural activities because of this.we have agreed to leave way in the corner of the land but they are very adamant and they want to take revenge on us because of the dispute and they made the way without our knowledge and our permission on our land.we have made fencing but they destroyed it too.They have local political support and every law bodies are supporting them. Please help me.

youngbro   05 March 2014 at 19:37

Not withdrawing 498 a and dv case after agreeing for settlement

Respected Lawyers,

We are going thru this trauma for past 2 years now, we took involved the community leaders and tried to resolve the issues, the girl ;s family did not agree and wanted 8 lakhs as compensation, so we agreed, and her lawyers is saying that he is working on draft, but not sending it to us.

Without any mistake we had financial loss of 12 lakhs so far, the girl has 2 unmarried sisters and a brother , the wicked girl is trying to get max amount to fund her sister's marriage and get her brother in some medical, she confessed to it orally, but unfortunately we do not have proof.

My heart pains to see my parents & brother go thru this hell, he had already changed 3 jobs, and now she is not withdrawing the case, or appearing in court, her lawyer comes to court on her behalf, but my brother needs to take a dayoff and go .which is very risky. I am also a girl, cannot imagine, how her heart is so rigid.. this law is ridiculous and making innocent suffer due to greedy girls who want easy money

Question:- can we appeal to the court to dismiss the cases, as she and her wicked family agreed to settlement? we have a phone recording where she said that she need divorce that 's why filed false cases

Mustafa Bhat   05 March 2014 at 19:24

498a & 406

Sir,
Can accused Crossexam the PWS in addition to his counsel.

imteyaz farooquee   05 March 2014 at 18:45

Interference by court during investigation of a case

Dear expert,
Whether a magistrate court can interfere during investigation of a case or not ? Direct the police to do any thing ?

rajnish tiwari   05 March 2014 at 18:37

Reopening of a cse already compounded

wife files false case under 498A, sec 3/4 dowry prohibition act and then does second marriage without getting divorce. A kid is bornt from second marriage and then she seeks divorce from first legal husband. Husband after knowing this fact files case under Sec 494 and chargesheet is filed which is silent about the kid and second husband. Wife deports in family court that child was dead and was from first husband himself.
Twist comes and legal husband is convinced by wife that she has been blackmailed and physically abused by the second guy and is innocent. Husband compounds case while wife pleads not guilty during the process.
Section 498A case results into acquittal as prosecution fails to prove charges.

Later on husband comes to know that wife has manipulated facts to safeguard herself and her paramaur from clutches of law.
Divorce is still pending.Husband has secured irrefutable proof of marriage as well which was not there when previous chargesheet was filed.

Can the bigamy case which is already compunded be opened after this new revelation? where to approach for the same. New FIR or the court where case was compounded? Will the court entertain the plea to reopen that case?
497 will apply on paramour but real issue is 494. Please suggest.

Chiranjeev Lamba   05 March 2014 at 18:28

Very very urgent

Hi Experts,

tomorrow i have date for the DV act. My lawyer suggest that my mother will say in the court that she cannot stay any longer with my wife (she is currently residing with my mother and i m residing outside) in the same house as she is old age lady and she will sell that house and give the share of her husband and she can take the same from him (Just to rap up the case earlier). My question is can judge stop my mother to sell her property and give the proper share to her son and his wife.

My wife very proudly saying that my mother cannot sell that proper as judge will not listen to her any more.... she have to suffer the pain long and long.

Thanks

Chiranjeev Singh