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

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yogesh   04 January 2014 at 13:02

Whether sci regsitry accepts the speed post receipts as proof of services

Please inform me in Transfer Petition filed under section 25 of CPC whether registry accepts the speed post receipts for filing the affidavit in opposition by party in persons/AOR.
Please fwd the information as I will have to file the Affidavit in opposition in Transfer case pending before the Hon'ble Bench and the party is residing outside the Delhi
Thanking you,

BEENA SINGH   04 January 2014 at 12:50

Trust

I want to know maximum how many members can be involve in the creation of Trust from one family or from one ration card.


Some one told me that maximum 3 person can be involved from 1 family and from ration cards

vasukvs   04 January 2014 at 12:39

Delay in dv case

Dear Expers,
New Year Greetings,

Pl guide us in dv case wife filed dv case against husband and in- laws in July 2013, the local court issued summons and respondents attended the court in Sept-2013 last week and postponed date on 03.01.14, again postponed date third week of this month, but the respondent not yet filed any counter.

Actually how long it will take, we requested for residential order, because the respondents not allowing the wife and her kid, petitioner lawyer saying wait for some, some loopholes in the law
Can u guide us what to do , can we request directly the judge what is happening
Thanks

raj   04 January 2014 at 12:27

Fir u/s 406 & 498a of ipc

Dear Sir,

Thanks for your support extended to me. I have one more query as per details given below:-

My brother's wife is fighting Divorce Case in Family Court Dwarka. she has been living in Delhi separately from us for last 9 years while we are living in Haryana. Additionally,she has also got registered FIR against my brother, me and my mother u/s 406,498A on 03.05.2013 on which charge sheet is pending. Now both parties are deciding to go for mutual divorce and get the FIR quashed by Delhi High Court on the basis of decree of divorce. But the police has some expectations from us which we are not able to fulfill. As a result, we have following apprehensions:-

1. That immediately after signing of first motion of mutual divorce, police will prepare chargesheet and produce the challan in the district court without waiting for second motion of mutual divorce which will be filed within 6 months from the filing of first motion. I want to know how can we stop the police to proceed further in the matter of FIR, Can we ask the the Family Court to issue directions to Police not to proceed further as divorce proceddings are in progress in the Family Court.

2. I think that police is bound only by the order/directions of Court and mere producing an attested Mutual Divorce Agreement will not restrain the police to proceed further inn the matter of FIR. We can not obtain directions from High Court as that Court will be involved only after completion of mutual divorce proceedings. Further, if the police produce challan in the district court, I think we will be required to get stay orders from Delhi High Court to stay the proceedings in the district court till mutual divorce proceedings are completed inn the Family Court.

Kindly provide the necessary guidance as we have every anticipation that that police will not wait for another 6 months till award of mutual divorce decree as a period of 10 months has already expired since 03.05.2013 being the date of registration of FIR.

Please furhter guide can a wife frame false allegations against her in-laws which she claims to happen 14 years ago while she is living separately from them in Delhi for last 9 years and her inlaws are living in Haryana. will the Criminal Court take cognizance of the 14 years old false allegations without any evidence/witness which have been framed just to harass the inlaws.

Thanks and regards

vasukvs   04 January 2014 at 12:10

Dv case

Dear Experts,
New Year Greetings,
pl guide us in Domestic violence case if wife filed the case in July 2013, the court summons issued to respondents attend the 3rd week of Sept 2013 and court gave the next date on 3rd Jan 14, again respondents attended the court the next date was last week of this month,just i am wondering the the respondent not yet filed any counter can u tell us what is the procedure in dv case is there any time limit, actually how long it will take, we asked for residential order because the husband and in laws are not accepting the wife and kid to the matrimonial house since last one year
can we request judge directly what is happening in this case, can u guide in this regard what to do
Thanks a lot

Ali From Bangalore   04 January 2014 at 11:55

Though married in goa, can i file divorce case where we have resided after marriage

Hello,

I am from Bangalore. I got married to Goa Girl in Goa on Sep-2011 (2 yr 3 months ago). After marriage we both stayed in bangalore for more than one year.

Now, we both decided to go for mutual divorce. We do NOT have any child.

My Question:
Can we get divorce decree in Bangalore family court? Is it come under Bangalore Jurisdiction?

I am asking this que because We have married in Goa and in Goa "Portuguese law" is applied.

I also got some reference which has positive answer for my que.
http://indiankanoon.org/doc/1984363/

Please guide me here.

Thank you very much in Advance.

Navin Pandya   04 January 2014 at 10:10

Company petition

Dear Legal Experts,

Namaste.

Kindly clarify/advise.

Notice was served on M&M Ltd.for removal of Directors under Sec 284 (4)of Companies Act. M&M filed Petition in the Company Law Board, Mumbai Bench by engaging Shri Darius Khambata. Bench Member, Shri V. S. Rao had passed Order in favour of the company even before serving a copy of the Petition to the Respondent. Now the file is missing with the CLB. Earlier,the Bench Member was Regional Director, Ministry of Corporate Affairs whom I had complained against the company.

Can the Company Law Board pass Order even without serving copy of the Petition to the Respondent?

Best regards,

Navin Pandya

Ran   04 January 2014 at 09:45

Ceiling act tamil nadu

My aunty is a widow and she holds more than 20 standard acres in her name along. She has no issues. What is the maximum extent of land she can hold in her name.

Yogesh Kumar Gulati   04 January 2014 at 09:25

Forgery in a civil suit

In a civil suit filed against me there were two plaintiffs named in the plaint. However, Plaint was not signed by 2nd Plaintiff nor his consent/vakalatnama was there. The plaintiff counsel failed to produce his consent/vakalatnama till the dismissal of suit under O-7 R-11 of CPC being time barred. The court too had observed this in order. Whether it amounts cheating by plaintiff's counsel as -
1. By pretending himself falsely before court as counsel of the two plaintiff's, signed the plaint as plaintiffs counsel and falsely presented the plaint as plaint of both the plaintiffs and got the order from court that the plaint be registered & summons be issued to defendants.

2. Further, the signatures of the 1st plaintiff are altogether different in every document. Vakalatnama, Plaint and its affidavit, Interim Injunction Application & its affidavit and one other applicaton all bears 4 types of totally different signatures. I have got the opinion of Handwriting expert in the matter who says that the aforesaid 4 types of signatures are appended by minimum 3 different persons. Thus the two affidavits of 1st Plaintiff, submitted in court are signed by persons other than 1st plaintiff. However the actual 1st plaintiff has joined him now and says that all the signatures are his own.

The, appeal is filed with actual english signatures of 1st plaintiff whereas in suit all 4 different types of signatures were in Hindi.

What should be my stand in appeal beside merits of the case? Can, I initiate criminal proceedings in the matter?

Dharmender   04 January 2014 at 09:02

case in supreme court

High court has rejected application under sec 498a. If supreme court also reject my application can I apply for revision in supreme court. How many times can Revision be filed in Supreme court. Can it be filed for bench revision also.What is the procedure in Supreme Court.