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

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venkat   16 January 2014 at 12:22

Stay on divorce petition till maintaince paid.

Dear Learned Memebers,
I have filed divorce petition in the month of Jan 2013. During the counseling sessions in the month of may 2013 I have agreed to pay Rs 10,000/- monthly to my daughter and wife and also to pay my daughter school fee, the same has been signed by me and my wife and not by my lawer. I have agreed solely on seeing the plight of my daughter and also thinking of her future. In the mean while I got know that a whole drama has been done to show my daughter in poor light, so as to emotionally blackmail me. So I only paid my daughters school fee and also for her dresses. And I didn’t paid anything to my wife. Counseling has been failed and the judge asked her to file counter for the divorce. On the date of filing counter they have filed petition to stay all the further proceeding until I pay the pending arrears of the Maintaince.

Brief history of my case :

Married on 12.02.2019, from the day of marriage heavy interference and involvements by wifes parents even in day to day matters. And also demand for leaving my parents and have separate house. She left my house in the month of oct 2011 for not agreeing for her terms. Their demand is to leave my parents and have to move all my properties to her name.

Their lawyer is a very experienced person, so he didn’t filed any false criminal cases and threatedned me if I didn’t oblige them. They simply want to extract money from me. Because they know that any criminal case against me, will have my job gone and they will not get any money. Unfortunately my lawyer is a novice and he is not interested in my case and also I am not able to get a good lawyer who can withstand their political pressure. Literally I have to fight my own case.

Please guide me through the following points and also any thing else that will help me.

1.What if I will not pay and ask the court to direct my wife to file Maintaince petition.

2.Is there any way that the stay to be lifted i.e citations of any judgments

3.Should i approch higher court for the same.

Avoiding Maintaince is not my aim. But
my main aim is to let the court know the real intentions of her, which only come forth while she file and fight for the Maintaince.

Please help me. I didn’t want any one to take her as a role model and harass the husbands for their ultimate monetary gains.

aman   16 January 2014 at 12:20

Defaulter for paying 3550 rs of bounce checks fine to the bank.

Dear experts,

Due to some circumstances I was not able to pay the fines to the bank of bounced checks. They sent a notice but my address was changed, hence I did'nt knew regarding the payments due. So now they have registered the case, but I am ready to pay the money. Can't there be any solution for this matter.
Plz help me... as soon as possible.

MSC Shekar   16 January 2014 at 11:42

Informaation required on custodian land

In all land acquisition advertisments in the News papers. In the Type of Land Column "Custodian Land" some times is mentioned.

What does this "Custodian Land" means.

In this connection arises another query if there is a Custodian Land, Can any private individual (other than Custodian) create a Gift on such land ?

Please clarify cusdodian land as well as the other query raised in connection with this subject.

Thanks in advance.

RAJESH KUMAR   16 January 2014 at 11:42

Transfer of plot

Sir,
A plot was allotted in favour of a partnership firm namely HIC Products on 13.5.1990 and the Conveyance Deed was also executed in the name of said partnership firm through its partners 1. Sh. Mohan Lal & 2. Sh. Ramesh Kumar. One of the its partner Sh. Mohan lal had died on 1.2.2008 and his LRs. Subhash etc. requested the Authority to indusct them as co-owners in the captioned plot.
In the meantime Sh. Ramesh Kumar intimating the Authority that Sh. Mohan Lan had resigned from the partnership firm and a new partner Mrs. Reena w/o Ramesh Kumar was admitted and requested to make necessary amendments in the records. As per retirement deed dated 1.4.2002, Sh. Mohan Lal retired from the firm from the close of business on 31.03.2002 and as per partnership deed dated 1.4.2002 Mrs. Reena was induscted as a partner in the firm. Thereafter on 7.1.2011, Sh. Ramesh Kumar & Mrs. Reena requested the Authority for change in constitution from the partnership to a Pvt. Ltd. Company under the name and style M/s HEC Pvt. Ltd. promoted by them.
The fact about retirement of Sh. Mohan Lal and indusction of Mrs. Reena, which took place in the year 2002, was never informed to the Authority.
Sh. Ramesh Kumar on 10.9.2011 has submitted a copy of Form-A issued by Registrar of Firms on 1.9.2011 registering retirement of Sh. Mohan Lal and admission of Mrs. Reena w.e.f. 01.4.2002. Vide letter dated 10.8.2011, the LRs of Sh. Mohan Lal informed that no surrender of right deed was executed by them.
Vide letter dated 1.4.2013, Sh. Ramesh Kumar submitted a copy of order dated 20.3.2013 passed by Civil Judge in case title Reena V/s Ramesh Kumar etc. whereby Mrs. Reena was declared as the sole partner with Sh. Ramesh Kumar in the partnership firm and the said declaration was against the General Public.
A legal notice was also served on behalf of Mrs. Reena for implementation of the orders of the Civil Court.
It is also mention here that one of the sons of Sh. Mohan Lal had also signed the retirement deed as one of the witnesses and the said retirement deed was never challenged by the legal heirs of Sh. Mohan Lal in any court.
In view of the above facts of the case, the issues involved in this case are as under:
1. Whether the claims of legal heirs of Sh. Mohan Lal for a right in the plot in question shall be considered by the Authority or not since, upon demise of Sh. Mohan Lal a right had accured in favour of LRs of Sh. Mohan Lal in the property of the firm.
2. Whether in absence of relinquishment of right by the legal heirs of Sh. Mohan Lal, the authority can consider the request for transfer of plot in favour of new partnership firm/company in view of compliance of the order of the Civil Court passed in favour of Mrs. Reena.

P.C. Joshi   16 January 2014 at 11:41

Personal loan


Dear Friends,


A has to give a cash loan of Rs 35,000/- each to three of his relatives for personal use. Please advice what legal documents should A get signed from the three.Whether a duly signed receipt acknowledging the debt and commitment to payback the same on demand is sufficient Or a promissory note/unsecured loan should be executed and signed by them.

Please advice.

Thanks

P.C. Joshi

Regards,

Sundeep Singh   16 January 2014 at 11:31

Clearance of dues

Dear Sir/Madam,

I resigned from a company after working 1.5 years by prior one month notice, reason for resigning i mentioned is to start own business(food court), but after resignation i could not able to start business and joined another company, now they are not giving my one month+4 days salary stating that i had given the false statement and as per appintment rules they are waiving my 2 months salry and asking to pay the balance which is around 6500.

Kindly suggest if they are corret

kumar   16 January 2014 at 11:31

Ancestral

A obtains a site on account of providing his property for a government organisation for lay out development and recives the money also. In addition he also obgtain a site in the lay out by governement organisation with 50% concession. The property and title got registered in his name.

After this he sell the property to a person by the name 'A'

Then 'A' sells the property to 'B'

After 10 years of purchase by 'B', the orginal owners duaguters and son have filed a suit petition to claim 1/4th share.

Is it right and what 'B' has to do. B took the site from A through Bank loan 10 years back.

Please advice me

SSng Aulakh   16 January 2014 at 10:57

Payment of epf and grauity to an employee

Sir,
Services of an employee of a public limited company is not terminated or superannuated arbitrarily did not paid even salary from 2013 MY EPF and Gratuity are made and remains dormant with the the company arbitrarily. What is the entitlement of the employee on EPF and Gratuity finally.

channa keshava   16 January 2014 at 10:26

Ancestral property

Dear Sir,
My father was in government service and he died in 1997 during service. My mother has bought a site from his death benefits like gratuity, LIC etc.

Please let me know is the site now become Ancestral property or the site belongs to my mother.

Is her children have the rights on the site.

Regards
Keshava

Member (Account Deleted)   16 January 2014 at 10:16

Hindu undivided family

We were a family of parents and 4 siblings.(eldest daughter D1 and 3 sons S1,S2,S3)
D1 got married and moved to US.
S1 got married and stayed in a separate flat on rent .
So that leaves parents and S2 ,S3 who stayed together in one flat. Father ran a business with him being proprietor and S1,S2 salaried employees.

At this time a flat was purchased in the name of S1. Parents and S1,S2,S3 contributed towards the purchase.

Does this flat come under the purview of Hindu Undivided Family property?

Do all the Siblings have a share in the flat or does only S1 have exclusive ownership as the title deed is in his name, if the flat is sold or goes for redevelopment?