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

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AMSARAJ.J   08 February 2014 at 16:13

Fresh divorce case by wife when husband's divorce case is pending in hc

Respected Sirs,
1. My Divorce case is pending with HC,Chennai at present.(Against the Dismissal of my divorce case in district court)(Case filed on 2009 and numbered but notlisted sofar)

2. My appeal against RCR allowed in district court in her favour also pending in HC,Chennai (Case filed on 2009 and numbered but notlisted sofar)

3.Domastic violence case filed by wife during 2010 is pending in District Court at present. In which ,she convay her interest for amicable settelement by getting lumsum amount.

In this situation, she given the following proposal to finalise settelement :

A) She has to file Divorice case in her place at sub-court and I have give concern for the same.

B) Then I have to keep ready the settelement amount by DD in her favour and Fixed Deposit in my child name (Female child-Aged-13 yrs)

C)After getting divorce order,I have to give DD & FD.

C)Then she has to withdraw DV Act case in district court and I have to withdraw my Appeal cases in HC,chennai.

My query is - when divorce appeal by husband in HC, Can wife file fresh divorce case in lower court (SUB-COURT) in her place,becasue of the above settelement and due to delay in HC.

Amit   08 February 2014 at 16:09

Payment options for mutual divorce

Dear Experts,

Here I just want to know the difference or benefits of payment between demand draft and cheque for mutually agreed amount of settlement for mutual divorce.

1. Whether Courts have any objection to any of these options?
2. Which one is cheaper and better?

Regards,
Amit

sandeep rane   08 February 2014 at 15:38

Case law

I want all the judgement of higher & supreme court in case of appointment of court receiver and cancellation of sale deed, under specific relief Act for giving possession to the plaintiff who dispossed by plaintiff without following due process ,forcibly.

how can I get all these judgements.
please help.

sandeep rane   08 February 2014 at 15:34

Suit types

If plaintiff is a legal heir of a property which is combine property of plaintiff and Defendant,and plaintiff was in possession of this property but defendant in collusion with third party forcibly ,disposses plaintiff from this property and after disposeesion sold this property to the third party showing that entire property was owned by defendant and shon that defendant was in possession of this property.

then what types of suit can be filed by plaintiff under cpc ?

for e.g. suit for declaration,possession,cancellation of sale deed etc.

SANDEEP   08 February 2014 at 15:00

After resign six months salary still pending

Dear Sir,

I have resigned on 01 August 2011 with the one month notice period.i Have completed my notice period before my departure.My six months salary is still pending on there parts. I have mailed them several times called them several times but not getting any kind of response.
Please suggest me.

Bikash Kumar Singh   08 February 2014 at 14:56

Discontinuation of engineering

Sir I am student of second semester in a private engineering college in bangalore.Due to financial problems in my family I am forced to discontinue engineering.The college made a agreement of paying the fees for subsequent years in case of leaving the institution in between with my parents.Now they are refusing to give back my puc level certificates which is with the college.But at any cost my father cannot afford the fees.In such a situation I am going to loose my certificates or shall I make a new certificate on behalf of its loss so that I get away of all problems.But will it be correct?Please help.

VYANKATESH TADGOPUL   08 February 2014 at 13:54

Regarding payment of outstanding salary

Dear Sir/ Madam,
i Am working in pvt ltd. co. our co. was not making any payment from the last three months.The HO office was situated at Nagpur & Branch is in Solapur.
After repetitive request to the co. Management there are denying to making the payment.

What i can do we continuously taking follow about the salary by email & other mode of Communication but they are not responding the same.

due to this problem all the staff members are irritated about the salary of outstanding three months.

Please give the Satisfactory guidance to us regarding recovery of our salary.

Thanks & Regards
Vyankatesh Tadgopul

Gopan   08 February 2014 at 13:30

Should medical report include lab test results also?

If someone is submitted for medical checkup under medical board on court order, should the medical report include true copy of all medical lab test results which were conducted as part of medical examination?
I'm asking this because the medical report already contains joint opinion of the doctors, who examined the party, in the medical board and some quoted references to lab test results, but not the true copy of all lab test results. The opposite party is insisting for the submission of true copy of all lab test results in the court, and also filed application in court to direct the medical board to submit the true copy test results also along with the medical report.

Is it required?

If yes, what purpose does it serve?

If no, Can I object such an application?

Dr. MPS RAMANI Ph.D.[Tech.]   08 February 2014 at 12:59

Lethargy of courts

In a co-operative housing society in Mumbai there is terrace flat. The flat alone belonged to a member and not part or whole of the terrace. In due course the member sold the flat and a part of the terrace also, telling him the part of the terrace belonged to him. The new member barricaded part of the terrace.
The Secretary of the Society objected to the action of the member and a dispute arose between them. In one of the letters the Secretary, who was a lady, used the English proverb “Robbing Peter to pay Paul”. The member filed a defamation case against the Secretary alleging that she called him a “robber”. He wanted that she should be imprisoned under Section 500 of IPC. At the admission stage she pleaded not guilty as what she used was only a proverb and if at all she likened the outgoing member to a robber. The presiding judge admitted the case and posted for regular hearing. This happened three years ago and not a single hearing has been held since. Every time the defendant goes to the court, she is merely told by the clerk there that the case had been posted to a further date.
She is very much a harassed person and she goes on paying her lawyer for nothing. How can she get out of the situation?

K DEVARAJAN   08 February 2014 at 12:59

proprty registration after expiry of my father.

Sir,
My father expired five years ago and obtained a death certificate for the same. I am the only son and my mother living with me. She is 80 years old and unable to travel due to severe illness (Leg fractured and operation done and Operated for cancer and suffering severe sugar complaint. Her mental disorder also and she is insisting to live alone the house in that property which is other district and long distance from my residence.It is not possible due to her sickness.Get me your valuable advise for registering the property (Only 3.5 cents of land with a small house 500 sq.feet)favor of my name or letting the house.House have no water connection and mother not willing to get the connection.