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

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V.N.K. MENON   01 February 2014 at 16:46

Banking law

May I solicit opinion of ld. experts in the following situation.

A loan was taken from a Bank in 2001 by a party. EMI used to be paid on monthly basis. Due to some unprecedented reasons of loss of employment, the EMI was not paid since 2002. The Bank also kept quite since 2004 after some initial harassment and there was no activity since then from the part of Bank. The query is, Does recovery proceedings has locus standi in Reovery Tribunal/ Court in 2014, i.e. after about 10 years as it is clearly time-barred? If the Bank sends legal notice, what stand should be taken by the borrower. Unfortunately, borrower is still has no livelihood.

Thanks for valued opinion.

JAGANNATH RAO PARINAM   01 February 2014 at 16:41

Agreement with firm but cheque in the name of partner

Dear Sir

I have entered into agreement for construction of a house with a builder Firm represented by its Partner. Can I issue payment by cheque in the name of Partner instead of Firm name.
Whether such payment in the name of partner will be considered as payment to the Firm for all Tax matters(i.e as cost of construction of a new house)

Thanks and regards,

p.j.rao

varun   01 February 2014 at 16:41

Mutation

sir,
my fatherhas applied for dda 1979 housing scheme. my father died in 2009.he has got the allotment letter in 2010. now me and my brother has informed the dda authorities regarding the same .now dda is asking certain affidavit and other documents like consent letter ,relinquishment deed etc.
brief facts are as follows-
1) we are three people now in our family ,mother ,my elder brother(unmarried) and me.

2)now my mother has a flat in delhi which she purchased from original allotee of that flat on P.O.A,hire purchase etc 15 yrs ago.

3) now the problem is that dda has asked for the water bill .electricity bill of the flat bcz my father has given the correspondence address of the same flat in which my mother is the owner as per GPA.dda is asking that by what capacity you are residing in this home.

4) we have made a consent letter,relinquishment deed and other affidavit in favour of me(younger brother)

5) me and my brother have attained the age of majority,

6)The problem is that other bills are in name of original allottee but the electricity bill is in the name of my father .(but GPA is in the name of my mother ) that GPA has not been changed for the last 15 years.

now i am in a dilemma what to do?


either i should get transferred the electricity bill into my mother name.
and after that get a rent agreement ready between me and my mother .
plz advise .

ANKUR GUPTA   01 February 2014 at 16:28

Interest on loan

Hi Seniors,
Greetings!!

I want to ask a query, Can anyone please tell me that can an individual is not valid in law to collect/take interest on Amount advanced to another individual person?

There is a dispute in me and my advocate that an individual is not entitled to take interest on loan advanced.

Please give your suggestions and opinions.

Mihir Pandya   01 February 2014 at 15:22

Divorce

Dear Sir/Madam,
The matter relates to a girl who got married in Dec 2010. Within few months we came to know about things not being good between herself and her mother in-law. Other member of her in-laws accepted her mother-in-laws awkward and unaccommodating nature and advised the couple to live in a different rental place. Thereafter Things were good until 6 months back when she called us home. We came to know that over a petty issue an argument had taken place between her and her husband. Her husband had also hit her in rage. We confronted her husband and he apologized for the mistake and subsequently the girl and her husband reconciled. A complaint was not registered with the police keeping in mind the peace, happiness and future of the girl.
Subsequently around a month back on another argument the situation again spiraled out of control and she was threatened to be thrashed by her husband. This time she decided to separate from her husband.

Now we intend to file a divorce from her husband and seek review on few points below.
1. Can we seek divorce on ground of violence on part of husband?
2. Can the girl claim alimoney / maintenance. (The girl is working and whereas the husband has no regular income (share trading)). Now the girl is in her brothers home, who has limited income and lives in rental apart whereas the husband has moved back with his parents who own 2 properties and well to do.
3. What will be the legal expense for the divorce procedure?

Magee   01 February 2014 at 15:11

How can find my husband salary

Dear All,

I have find out which company my husband is working . So can i file one simple application for Salary details . As on Right TO Information act 2005.

mala   01 February 2014 at 15:06

Complaint lodged on hearsay evidence

As per findings of the trial Court
1. Complaint lodged on hearsay evidence
2. Statement made by the complainant under 161 is inadmissible

So if the findings are as mentioned above
1. Whether the complaint lodged , Verfication conducted and FIR Regd are illegal
2. Whether the courts can convict an accused on the basis of above documents
3. If any departmental inquiry is held and proved on the basis of above documents can an employee be dismissed without any evidence and finding lacunae in the pleading of this employee without giving him an opportunity to defend his case by a lawyer since the Inq.Officer and the Presenting officer being law officers and law graduates
4. Voice sample and Washes sent to CFSL Phy and Chem belongs to some other case whether admissible mere statement of experts in court sincy they only support the case of prosecution whereas the materials which they have recd belongs to some other case and some other persons not ast all related in any manner
5. When the court acquits one of the accused by finding that the conversation which he spoke cannot be considered since he spoke while in custody if so why the court cannot observe the same parameters in the case of another

gspal   01 February 2014 at 14:52

Delhi survey, registration, recordable title of immovable properties act 2009

What is the progress of Delhi Survey, Registration, Recordable Title of Immovable Properties Act 2009?

Would this Act turn out to be a longstanding alternative to expensive and time consuming partition suits, etc. as solution to disputes in family property sharing where the owner has died intestate and one heir having usurped the property?

As stated by Mr Makkad that this Act has not been notified as yet, would it imply that this topic would now be covered under the more comprehensive Land Titling Act which each State including Delhi needs to adopt?

Kvijay12345   01 February 2014 at 14:39

Co-op hsg society

In the Annual general meeting, the authorities of our society have decided to put tin sheets on the terrace of the building to stop the leakage during rainy season.For this work they have decided to collect the funds from every flat owner. some members are opposing this decision as there is no any concrete proof that even after putting the tinsheets over the roof of the building, the leakage in rainy season can be stopped.For this work the society has issued us the notice to pay the costs before 28th Feb.2014 and also included this expenditure in the monthly maintenance bills. Can such unilateral decision taken in the anual general meeting of the society be challanged?where? under which sections?What is the legal remedy available under co-operative hsg soc.Act to stop this nuisance?

sadiq   01 February 2014 at 14:29

Notice period salary

Hi

was Working for a reputed Masala brand since last five years, suddenly they started asking for resignation showing low performance , after resignation they denied to pay the Notice period salary but as per appointment letter its mentioned that either they terminate or we resign company will pay one month notice salary , we are almost 5 people who were senior managers in sales what we can do legally to get our one month notice salary