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

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RAJ   17 February 2014 at 12:44

Execution procedure -how to?

RESPECTED SIR KINDLY GUIDE ME
There exists a property inherited from the grandfather to my father and my two uncles.the property was given to three on separate schedule and the exact side measurements of the plots were not specified .In 1989 a house was constructed on the plot with active participation and consent of the brothers when their father was alive.
After around 14 years later to seek vengeance for some family dispute one brother approached the local munsiff court filing a suit that the my family members removed the survey stones on (2-9-2004) after when he tried to measure the land with officials for the construction of compound wall(20-8-2004) and .
The relief sought or his prayers were.
1.To allow the fixation of the boundary and to construct the boundary wall
2.Prohibitory injunction to restrain my family from trespassing into his property and obstruction to fix boundary.
the Oral testimony of defence and prosecution witnesses,the partition deeds,documents and the report by the assigned commissioner and surveyor,were scrutinized. The commissioner report tells the fact that there is a gross reduction in the area of the land as specified in documents and a part of our house lay on his share .the Munsiff found he paramount right to fix the boundary passed a judgement for compound wall by demolition of the building.
[(Even if his plaint did involve any prayer for demolition of building,recovery of possession or mandatory injunction for the demolition of the building that exceeds into his share.)]
An appeal memorandum is filed in the district court by us stating the lack of opportunity to produce documents,no side measurements in the documents etc.
Three points arise for the court
1.entitled to fix boundary by the process of court. 2.to construct boundary wall 3.to intervene the lower court order.
Cross examination of him made the facts certain to the court
1.He did not know that the properties were not demarcated when the settlement deed was executed.
2.He did not know total extent of land
3.He had no objection at the time of construction of the house in 1989.
4. He admitted about the reduction of land.
5.He told there were visible survey stones demarcating the property until 2-9-2004, when he said we removed the stones.
6.He also admitted the building was there in 2000
From the above facts it is clear that we have constructed the building in 1989 with his consent.

The judgement of Paravur Munsiff was found unwarranted in the case of demolition of the building projecting into the uncles property.

And district judge passed a decree to him to fix the boundaries of his plot with out affecting the building leaving an open space of 2 feet between the building and compound wall.

But my problem begins now.
Its an order for him, he has to go for the execution procedure.But he is not going for it as he has a reduction in his area.We also cannot go for EP sice we haven’t asked for a counterclaim to demarcate the boundary and construct compound wall.
Moreover he has started construction in his allotted plot without demarcating boundary as directed by the court.He also has taken possession of beyond the limits given in the order.
What legal step is to be taken from our side to stop the construction till the boundaty is demarcated by the court, and hence the construction of wall.Or can we go for EP.Is there any way to obtain a stay order for the construction.Is there any option with poloice as for the execution of this court order.Sir kindly enlighten me with the legal steps.
Yours faithfully
SOORAJ.S

harish   17 February 2014 at 12:23

How to get first class affidavit

Plzz help i need to prepare an affidavit for name change and get it signed from 1st class magistrate, where can i do all this in faridabad- INDIA?

GAURAV   17 February 2014 at 12:09

Constitution related...

Please tell me some important articles on constitution. if you have any related PDF, send me on polytechgaurav@gmail.com

Arun Jaiswal   17 February 2014 at 11:48

Husband has sold/abandoned the house , so that wife cannot be allowed in the matrimonial house

Hello sirs / madams ,

This matter is pertaining to my sister , who is referred here as "wife" in the matter.

The wife delivered the baby girl in the hospital and since husband was unhappy with baby girl and he refused to take wife - baby back to matrimonial home and instead filed for Divorce petition on the false ground of cruelty.

During the pendency , the wife tried to return back to matrimonial house with the baby girl , but the husband took temprorary injunction to restrain the wife and child from the matrimonial house , during the pendency of petition.

Wife protested the Injunction stating that - as per newly enacted Domestic Violence Act - The wife has right to stay in the matrimonial house which is solely belonging and tenated by the husband even during the pendency.(She cited Batra case of Hon Supreme Court by Jt.Markandey Katju).

The matrimonial house is a tenanted house and solely belongs to the husband only and no relative or parents have any stake in the matrimonial house.

However the Court granted the injuction to husband.

Now the divorce petition is dissolved and husband has lost the petition against the wife and hence the Injunction is also vacated due to it.

But immediately after the loosing the div.petition, in order to restrain the wife again to join in matrimonial house , he has exchanged the house with his friend.

He is telling the courts that he has sold his matrimonial house and now stays in leave licence house in a shanty like home . And if wife wants to join him , than she has to stay with him in the "shanty" home and cannot claim any rights in the original matrimonial house.

On the other hand , the wife alleges that all this is a tactics of the husband to restrain her and baby to stay peacefully in matrimonial house. She further proved before the court that all the ration card , election card , shows that the original matrimonail house is still belonging to the the husband and alleges before the court that husband has done all this deliberately to confuse the court and make mockery of law which as per newly enacted Domestic Violence Acts as discussed above.

The Court is now confused , as what to be done in such circumstances and wants the wife to produce some more case laws pertaining to the matter enable her to re-instate her back in the matrimonial house.

Wife is in person and seeks help from the law experts to guide and support her and her baby.

regards,

Idris   17 February 2014 at 11:45

Amendment in trust deed

A Registered Trust having office at Tirunelveli, Tamilnadu is about to shift its registered office to Chennai.

One of the clause of Registered Trust Deed states that any changes in Trust Deed should be intimated to Commissioner of Income Tax Madurai. (the Above trust is not reg under 80G)

On account of shifting the office to chennai, even the Income Tax jurisdiction would change to Chennai.

Please state procedures and documentation required for shifting the office. even advise about necessary

neville   17 February 2014 at 11:43

Tenants

Dear Sir,

I have tenants in my commercial(shop) premises in Goa from 1970 onwards, I'm jobless now and i want start a business, is there any law, owners requiring shop for bonafied use?

Goutam Kr. Aich   17 February 2014 at 11:41

Contract labour regularization

Dear Sir/Madam
I have been working in a single establishment under central govt. for more than 7 yrs. without any service break through different contractor. Now a days, we are very much scared of loosing the job. What we can do? pl. advice..

surya   17 February 2014 at 11:37

Reg: bond breakage

hello sir/madam
i worked as a webdesigner in deemsys inc. while they interviewed me, the said me about the rules and conditions that
1) I have to submit my 10th and 12th marksheets
2) Two year bond
as per the condition i submitted my certificates but not yet i signed in the bond. there i worked for 2 months. My dad health is not good. so i quit my job. now they are not returning my certificate and also asking me for one lakh to break a bond. now what should i do? i am helpless. i dono what to do to get back my certificate without paying amount. please help me.

Member (Account Deleted)   17 February 2014 at 10:23

Advise

Hi Experts,

This enquiry is of my friend.

His conjugal relations are not good. A year back his wife came back to his home after 3 years court case. But now there is no change in her behaviour and give him no importance.(Ase lagata hai jaise badla lene ke liye ayi hai) She don't let him sleep with her. He says that he has doubt that she is engage with some one. But he don't have any proof. She needs money only.

Kindly advice how he can prove that she don't let him (s-x)physical relation.

How can he trace her phones for proof?

He is very disappointed and going towards depression.

Regards

VINOD KUMAR MALSARIA   17 February 2014 at 10:17

Sale agreement

as per sale agreeement with A and me , A puchaser & i am seller. date of exicution of registration 10 Feb-2014 , but A has been not come in the registration office & no any payment done to me on 10th feb-2014. on dated 16 feb A told to me for registration of document on 17 feb but i say that registration date is over, i am not liable for registration after 10 feb & advance muney has forfeited. please suggees to me that i am correct or not