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

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kalaivani.c   10 February 2014 at 16:40

Tds

sir,
i have a tan of one of the bank. but i cannot know how to find the branch of that bank?can you let me know how to find the details of the branch?

DEEPAK SHARMA   10 February 2014 at 15:39

Property right of unmarried daughter

First Mother passed away and after 2 months father expired. Father had made no will though he had properties in the form of house & farming land.

He has left behind 3 sons & an unmarried handicaped daughter.

I want to know if daughter will have any share in her fathers property or not.

If yes ? Than in what ratio or percentage.

Please advice, this case is in the state of uttar pradesh.

thanks

deepak

Purvi Gawde   10 February 2014 at 15:32

Taking redevelopment flat on rental

Hi,
I wanted to check what precautions need to be taken before taking a rental flat in a newly redeveloped project?
I have been told that there is a lock-in period of 6 months for both the parties wherein the rent agreement can be cancelled only after 6 months incase of any disagreement between the any of the parties... Is the lock-in period compulsory?

S.D. Singh   10 February 2014 at 15:29

Cheque returned by bank on kyc non-compliance

A cheque returned by the bank with remark " Fund Insufficient" , whereas there was sufficient balance. On Legal notice, bank informed, cheque was returned for non-compliance of KYC norms. now I wish to file consumer case for (i) returning the cheque with wrong remark which caused loss of goodwill. (ii) no notice/letter received for non-compliance of KYC norms even the account is 20 years old. Whether consumer compalaint is maintainable. Any other remedy ?

Aseem Vaishya   10 February 2014 at 15:22

Public interest litigation

We had applied for allotment of Revenue Forest Land at Gwalior (M.P.) for the use of establishing Petrol Pump and Allied Services under Forest Conservation Act 1980 section 2.

After crossing many Hurdles we got 1st stage (principal) approval from Ministry Of Environment and Forests with certain conditions i.e Deposit of Net Present Value as per Apex Court, Giving equal land to Forest Department and Depositing Compensatory Afforestation Charges.

We complied with all terms and conditions laid by Ministry and subsequently we got final approval of Ministry. In meanwhile State Government imposed an illegal condition to deposit Land Premium and Lease Rent with Collector Gwalior.As per M.P. Land Revenue Code 1959, whereas the code does not apply on Forest Land.

We challenged above condition in writ court, Court decided that there is no illegality in imposing the Land Premium and Lease Rent on forest land. We challenged the above decision in Appellant Court Divisional Bench.

In between State Government withdrew the imposed condition of depositing Land Premium and Lease Rent vide their order dated 18.09.2012 with condition our withdrawing the Appeal from Court. Since, the grievance was over we withdrew the Appeal from Divisional Bench and Hon'ble Court was pleased to pass following order:

"I.A.No.6902/12 has been filed by the appellant to withdraw this appeal with certain directions.

By inviting our attention to the order of the State Government dated 18.9.12 (Annexure D) filed alongwith the
application (I.A.No.6902/12), it has been contended by learned senior counsel for the appellant that condition No.5 laid down in the order dated 11.5.11 (Annexure P/2 of the writ petition) is deleted. It has also been put forth by learned senior counsel that DFO, Gwalior, has been directed to
transfer the land to the appellant after the appeal is withdrawn, and therefore, it has been contended that condition No.6 embodied in Annexure D be complied with.

According to us, the doubt, which has been carved out in the mind of learned senior counsel for the appellant,appears to be baseless because the order of the State
Government Annexure D dated 18.9.12 is to be complied with in its stricto sensu. In the light of order dated 18.9.12 of
the State Government, the observations made by learned Writ Court in the impugned order will not come in the way of the appellant/writ petitioner.With the aforesaid observations, this application
(I.A.No.6902/12) is allowed and this appeal is hereby dismissed as withdrawn."

After this order the land was handed over to us by Forest and Revenue Department.

Now Some body has filed a PIL on account of Revenue Loss to State Government ,he has claimed that even after order of writ court the state Government has withdrew the condition of depositing Land Premium and Lease Rent.

Whereas, according to us the observation made by writ court are dealt by Appellant Court in their above order.

Request to Learned Counsel is please advise us whether a PIL can be bought on issue which has been already decided by Hon'ble Court. Will it not be a Res judicata matter and what should be our reply to this PIL ?

Sunny Arora   10 February 2014 at 15:21

Advise / neccesary action to be done required

Sir,

One of my colleague bought a house on conditional registry.
Now He is about to pay full amount & take possession within a very short time.
but the problem is, yet Mutation (dakhil Kharij) of the property in Muncipal office is not done in the name of seller.
Still The same house is registered current seller to previous seller.

Kindly Advise
Can he face any difficulty in future & will it be done to my colleague name.

Pls send ur valuable advise ASAp.

Adv. Dipti Morajkar   10 February 2014 at 15:15

Tranfer of flat`

what would be the best way to transfer a flat from a father to his son in lifetime of father? which document should be executed? how much stamp duty is payable in Maharashtra for such document? is there any way to get transferred the flat without paying stamp duty? what would be the role of other sons and wife?

GANGAM.RAJENDER.   10 February 2014 at 15:09

Employee's husband died

the marriage has been performed recently.unfortunately in the accident the husband has died,who is the govt employee.
the wife has applied for job in the compassionate grounds but the in-laws not supporting her. the DEO HAS saying that the consent of in-laws(parents of husband)is compulsory.the consent affidavit is compulsory for compassionate jobs but they (in-laws)are not giving their consent.
Q1.CAN THE DECEASED WIFE APPROACH THE HIGH COURT FOR JOB.
Q2.WHAT ARE LEGAL STEPS WE HAVE TO BE TAKEN.
Q3.WITHOUT CONSENT OF IN-LAWS CAN SHE(WIFE) SUCCEED IN THE COURTS.IF ANY SOLUTION PLS PROVIDE SIR.
Q4.HOW SHE COULD GET JOB WITHOUT CONSENT OF IN-LAWS.IF ANY JUDGEMENTS RELATING TO CASE LAW PLS PROVIDE SIR,WHICH IS VERY SERIOUS ISSUE.WHAT IS THE LEGAL PROCEDURE TO APPROACH THE HIGH COURT.
THANK YOU SIR.

jagjit singh   10 February 2014 at 14:41

Application u/s 340

SIR MY WIFE HAVE FILED FALSE FIR;S AND 125 CASE FOR MAINTENENCE AGAINST ME. IN WHICH SHE HAS COMMITED LOTS OF FALSE THINGS. I WANT TO FILE 340 APPLICATION AGAINST HER, WHAT IS THE CORRECT TIME TO FILE 340 APPLICATION AS EVIDENCE IS FROM THE NEXT HEARING, I HAVE TO WAIT FOR HER STATEMENT OR FILE IT NOW, KINDLY GUID ME.

rajdassoma   10 February 2014 at 14:33

False complaint lodged by my wife for harassment after 2 years of leaving my house

Sir,

i am a resident of Pune married in april 2010. my wife is from Andhra pradesh. we were blessed with a son in feb 2011. we hardly stayed together for a year. we had some miscellaneous fight at home between each other and my wife's parents took her away in march 2011 on the commitment of leaving her back after 15 days which never happened. I went to her house once to get her and my son back but she refused to return. she never contacted me nor she tried anytime to come back for 2 yrs, Now after almost 2 years suddenly she filed a complaint against me, my mother father and younger brother of harassment for dowry, physical torture and abuse and not allowing her to meet her parents. Andhra police is threatening me and my family to forcefully take her home & forcing us to sign on some papers which are in telugu. and if we dont sign it the police will put me and my family in jail. none of us from our family can read and write telugu. they have mentioned in that affidavit that i and my wife will be staying separately and none of my family member can come to my house, nor my parents too, she will stay as per her wish and will, i should leave her to her parents as many times as she wants and i will not be stopping her from doing anything. Sir, this lady and her family people are actually harassing us she has also took away our property papers alongwith her. pls guide me what should i do as i dont want to stay with such kind of a lady who is taking undue advantage of me and my family. should i sign on that paper. is there any way i can compaint against them. pls reply.