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

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KETAN J SHAH   03 February 2014 at 11:36

Rent agreement and consent terms

Respected Sirs,

In one of the queries regarding Registration of Rent Agreement the experts panel has given an answer that the clauses of Rent Agreement shuold be followed by both the parties.

The query here is that Consent terms obtained from the court is new agreement between the Tenant and Landlord and the clauses mentioned in C S have to be followed and observed by both the parties. Now if one of the parties does not observe the terms then can the consent term be said to have been violated. And in this situation what action can the court initiate against the erring party. The Landlord has filed an eviction suit against the tenant as the tenant has violated the consent terms and carried out illegal additions/alterations in the premises without the permission of the Landlord or Municipal corporation

Please advice.

Thanking you in advance.

Pradeep   03 February 2014 at 11:19

Break-in-service

Sir,
I am working i a PSU where a peculiar case experienced . An employee will be retiring from the service w.e.f. 28.02.14. While computation of his gratuity it has been observed that in his personal file certain remarks has been recorded that 'BREAK-IN-SERVICE VIDE ORDER NO: XXXXX DT. 4TH JULY 1984" But nothing has been mentioned about the actual period of break-in-service. As a result of which it is very difficult to calculate his gratuity after break-i-service as it is not known what is the date of reinstatement after break-in-service. All old records have been searched but all invain. Actually his break-in-service occurred due to active participation in the strike. Employee concerned was asked to submit papers of old records if available with him, but the employee concerned answered negetatively. In that case how calculation of gratuity will be done. Kindly advise what method is to be adopted in that.

SADASHIVE PANCHDHAR   03 February 2014 at 11:08

Limitation of validity of agreement

Dear Sir,
I have entered into an agreement for development of my property situated in Hyderabad in the year 2002 but till this date builder is not able to get municipal sanction plan . The agreement is signed on stamp paper of Rs100/- but not registered with govt authority and I have taken caution deposit of Rs 2.5 lakhs refundable without interest after completion.
I want to sell outright this property to third party . How loang this unregistered is legally valid and can I enter in to sale deed with third party without vacating the existing development agreement with Builder.
Also suggest any good lawyer in case of vacating the said agreement.
Thanks
Yours truly,
Sadashive Panchdhar

sk..........   03 February 2014 at 10:51

Reg application

In civil suit to file application to appoint advocate commissioner what is the
u/o rule
and
section to be mentioned

Lone Rider   03 February 2014 at 10:48

Asking for affidavit.

my wife is not leaving with me and we were in touch on phone. now her guardians have told me to stop calling and give some sort of affidavit to take her otherwise they will take legal action against me. I am confused as what to do? please suggest.

sa7124   03 February 2014 at 10:45

Can we transfer the case to another court, when no judge since 1 year

we have a joint hindu family property, we r the plaintiffs, judge was retired till today no judge is appointed only dates are given by the concerned officer, since one year case is pending. can we transfer the case to another court on such ground?

Dr. MPS RAMANI Ph.D.[Tech.]   03 February 2014 at 10:40

Complaint before consumer forum against municipality

Can a complaint be filed against Mumbai Municipal Corporation regarding tax.
Ours is a co-operative housing society in Mumbai. The Municipal Corporation (BMC) has increased property tax with retrospective effect from April, 2010. They had sent us demand notice in March, 2013 along with computation of the new tax for each flat. The computation shows flats which do not exist in our building and hence the total tax is excessive. The excess tax cannot be collected from non-existent members. We sent our letter of complaint in April, 2013. But they have not replied so far. Can we file a complaint against BMC before the Consumer Forum?

Anusha   03 February 2014 at 10:35

Maintenance

Dear Sir/MAdam
My husband gives a reply to my lawyer that i m working in a compant and getting a good salary so he will not liable to pay any maintenance to me and my son. What should i do in such case to oppose him?

sa7124   03 February 2014 at 10:32

No judge since 1yr can i transfer the case to another court

we have a joint hindu family property, we r the plaintiffs, judge was retired till today no judge is appointed only dates are given by the concerned officer, since one year case is pending. can we transfer the case to another court on such ground?

Sayan Poddar   03 February 2014 at 10:17

High court pending case for quash

Daer Sir,
A quash petition filed in Marh'2013 in Calcutta High court.In june'2013
it was last hearing.In this hearing judge order list the case in the month of August'2013.
Petition number:1319/2013.
But till the 9 month over , the case was not listed, when i ask lawyer , he repeatedly tell
that "will be listed in next month , the case was mentioned".
Stay order expired on August'2013.
Quash petition file later that me already disposed

My question is
1) What is the procedure that i can get the case listed?
2) Can i file RTI to register asking why the case was not listed for so long?
3) If my lawyer is doing some unethical ,and joined with opponent and harassing me,
what is the way that i can made sure it and get the case listed ?
4)Is there any limit that withing this period just have to give at least a hearing date?