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

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ABHIJEET   12 December 2013 at 19:41

cross objection

plz tell me on which CPC order or section i can file cross objection in appeal n also told procedure .if any one having cross objection appeal format than plz send me on my email ..

Sundeep Gavaskar   12 December 2013 at 19:33

Power of attorney

Landlords joint owners (i.e. 2 brothers) have given irrevocable Power of Attorney to a developer after entering into development agreement with the developer. One of the landlord (i.e. 1 brother) has expired now.
Does the Power of Attorney remains in force even after one of the landlord has expired. The tenants of the building asking from the developer consent of all the heirs of the deceased landlord. Does the tenants have right to ask for consents of all the heirs from the developer.
IT IS IRREVOCABLE POWER OF ATTOERNEY

ANKAN CHAKRABORTY   12 December 2013 at 19:33

Problem with neighbour

Respected Sir,
We want to give boundary wall on one side but our neighbour is saying that we have occupied 10 inches of their land and so they will not allow us to give boundary wall.We told that we will measure the area of both the plots to get a solution but they are also not agree with us.What legal steps we can take against them so that we can give our boundary wall.

nishant   12 December 2013 at 19:09

A case of ipc 420

Dear sir/madam
My sis was married for the sec time with a divorcee from Australia as per Hindu marriage and subsequently at a court. My sis was pregnant and subjected to verbal and physical abuse. A case was filed in Australia and my bro in law was charged with AVO (aprehended violence order) and is under a period of observation for one year.
My sis in law's in meanwhile have filed a case in India against my parents on 420 based on the following allegations:-
(a) Disclosing wrong DOB of my sis.
(b) Disclosing wrong period of first marriage.
(c) accused my parents of asking money for settling the case.

MY QUESTIONS

(a) Is this not a case of malifide intent?
(b) How do we go ahead with this case?
(c) Can my parents be subjected to judicial custody on the ibid charges?
(d) Since the marriage was registered at Uttranchal and FIR at UP , the place of jurisdiction?
(e) can my parents seek anticipatory bail and subsequent stay? And How?
(f) and How can I get my parents out the Mess, they are old people and certainly did not want either this on themselselves or their daughter
regards

prahalad   12 December 2013 at 18:07

About partition among family members

respected sir i am mr. prahalad 38 years old and my point is my father purchased an open plot of 322.66sq.yds in 1977, and constructed a two flored house in that plot and the built up area of the ground floor is 1427.98 sq.ft and the built up area of the first floor is 1343.164 sq.ft. this property is my fathers self acquired property. totallywe are 4 children to my father.3 sons and 1 daughter.my father expired 9 years back intestate and the house stands in the name of my father in the register office and in the muncipality records. my mother and we 4 children totally 5 members will become legal heirs for the above said property.now we want to go for partition in that property. we all of us came to one aggrement that the land of 322.66 sq,yds should be divided in to four equal parts and the house should begiven to our mother and as long as my mother lives she can take the rents of the above said house property and use for her self.(medical expences)only after her life if we(4 childen) all of us will take the rents and share equally. if the building gets older then we will demolish the house(house is now 37 years old) and can construct new house in the same place individually in our plots. now my point is how we should go for registration. whether this property should be treated as open plot or else like a house hold property, what will be the stamp fees.how the documents should be prepared.kindly suggest me for my further proceedings.

prahalad   12 December 2013 at 17:56

Partition among family members

respected sir i am mr. prahalad 38 years old and my point is my father purchased an open plot of 322.66sq.yds in 1977, and constructed a two flored house in that plot and the built up area of the ground floor is 1427.98 sq.ft and the built up area of the first floor is 1343.164 sq.ft. this property is my fathers self acquired property. totallywe are 4 children to my father.3 sons and 1 daughter.my father expired 9 years back intestate and the house stands in the name of my father in the register office and in the muncipality records. my mother and we 4 children totally 5 members will become legal heirs for the above said property.now we want to go for partition in that property. we all of us came to one aggrement that the land of 322.66 sq,yds should be divided in to four equal parts and the house should begiven to our mother and as long as my mother lives she can take the rents of the above said house property and use for her self.(medical expences)only after her life if we(4 childen) all of us will take the rents and share equally. if the building gets older then we will demolish the house(house is now 37 years old) and can construct new house in the same place individually in our plots. now my point is how we should go for registration. whether this property should be treated as open plot or else like a house hold property, what will be the stamp fees.how the documents should be prepared.kindly suggest me for my further proceedings.

Mukul Dave   12 December 2013 at 17:51

Redevelopment of building

Sir,
Our building consists of 40 members & is a legal registered society. But the land is not yet conveyanced in society's name. We are going for redevelopment.
1. So what type of documents are to be executed during the redevelopment process?? Also land owner is refusing to transfer land in society's name but agreeing to give it to developer for redevelopment who is one his friend.
2. What care has to taken??
3. If we want to purchase additional bedroom with money in same house do we have to pay for carpet area or builtup or super builtup area??

Pls advice
Mukul

Sadanand B. Panchal   12 December 2013 at 17:46

Scrutiny of validity of cast certificate in respect of bmc counselor

Respected Experts,
In the matter of Mumbai Municipal Corporation candidate elections among two O.B.C. ladies candidates one candidate X elected with higher votes against candidate Y. There was inquiry by the State Government in respect of many OBC candidates who have submitted documents to prove their Cast. Thereafter Election department stayed process of issuing validity Certificate to the Cast of all the candidates excluding X and Y. When the matter was reached before the Hon’ble Supreme Court all the cases of candidates were tagged together for decision for unlimited time.
So far as the candidate X is concerned after election X became the Councilor of the Ward and still is on duty. Y lodged a complaint under Section 156(3) of CrPC against X before Hon’ble Metropolitan Magistrate Court for offence of obtaining Validity Certificate of Cast by submitting forged documents, the Court initiated proceedings under Section 202 of CrPC wherein Police after making inquiry filed report before Court that the documents submitted by the X candidate for obtaining Validity Certificate were forged one. In spite of this the Court not taken any action against X therefore Y preferred Writ Petition before Hon’ble High Court. Hon’ble Justice Shri A. S. Oka passed order and directed Scrutiny Committee for making inquiry of Validity Certificate of X and for filing report within four Weeks. Thereafter X preferred SLP before Hon’ble Supreme Court and upon hearing Chief Justice of Supreme Court stayed the Order of High Court directing inquiry to Scrutiny Committee and the matter was ordered to hear alongwith other identical matters filed by the State Government.
Recently the Government issued Cast Validity Certificate in the name of Y Candidate. On the other hand Police report states that X candidate has obtained Cast Validity Certificate with submitting forged documents. The X candidate in spite of not having valid Cast Certificate, still remained on duty of Corporator to the Ward. Inquiry concern with the Validity Certificate of X is stayed by the Hon'ble Supreme Court in spite of there was order by the Hon’ble High Court for enquiry which was valid under Law. Two years lapsed but the X candidate cannot be removed from its Post for offence of submitting illegal Validity Cast Certificate. Y candidate is deprived of its right to elect having Valid Cast Certificate.
Kindly inform me a solution for setting aside Order of Supreme Court prohibiting inquiry of candidate who had obtained Cast Certificate with fraud. Is there any different solution in this matter kindly inform me.
Regards,
Sadanand B. Panchal

minsal   12 December 2013 at 17:09

Membership in the society

Sirs,

on or before 1950 My client's father has purchased a flat/room from one of his relative. when society formed he got 34 shares in the name of his wife and one share in his name (as he desired)so that as a member he can attend the meetings of the society. in the year 2000 he expired without making any will. now my client's mother is not well and wants to transfer the said room in the name of my client and his two sons. the other brothers and sisters of my client have no objection for the same and they are ready to give their consent for the same.

under the circumstances what documents I have to prepare and submit before the society?

please help me. it is little bit urgent as the mother of my client is not well.

Member (Account Deleted)   12 December 2013 at 16:57

Md/wtd

FOR UNLISTED PUBLIC LIMITED COMPANY WHETHER FORM 23 AND FORM 25C HAS TO BE FILED FOR CHANGE IN DESIGNATION FROM MANAGING DIRECTOR TO WHOLE-TIME DIRECTOR.