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

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Gopan   27 November 2013 at 14:18

Appeal against in-camera trial only for petitioner

I'm the respondent in a divorce case filed under HMA 13(1) on ground of impotency and mental cruelty arising out of non-consummation of marriage which lasted only one month.
I've undergone potency test by state medical board on my application for the same in court,and the report is in my favour.

The petitioner, wife, filed application under HMA-22 & FC Act 11 for in-camera trial for petitioner, respondent and all witnesses including the doctors in the medical board.

I opposed the same saying in-camera should only be allowed for petitioner, and not for other witnesses especially the doctors in medical board.

The FC passed the order allowing in-camera trial for the petitioner only. The order says the above petition was filed u/s 11 of FC Act and nothing mentioned about HMA-22.

Now, the petitioner approached the High Court against the FC order on contention that FC ignored the given below points:

1) Sec 11 of FC act clearly states that 'In every suit or proceedings to which this act applies the proceedings may be held in camera if the family court desires AND SHALL BE HELD SO IF EITHER OF THE PARTY SO DESIRES.

The court failed to understand the meaning of the word SHALL used in the above section.

2) Sec 22 of HMA 1955 also mandates a procedure to conduct in camera.It also imposes an obligation to the courts conduct trial in camera. The word used in both sections 11 & 22 is "Proceedings" which means entire proceeding in a suit from start to end.
Sec 22 of HMA also casts a mandatory duty on courts to strictly hold the proceedings before it in camera.

So, allowing the in camera only for the petitioner is illegal and should be set aside.

Now, please help me to clear the following points:

a) In such a case involving personal privacy issues like impotency, should FC court allow in camera for entire proceedings even if the respondent wants open court trial for himself and witnesses but not against in camera for petitioner only?

b) Why should the evidence of doctors from medical board which only says about the potency of husband be conducted in camera? Even the husband wants open court.

c) It would be helpful if anybody provide any judgements from HC/SC regarding in-camera proceedings which totally deny or allow for only one party or selected proceedings in one suit?

Please advise.

amit shukla   27 November 2013 at 13:35

Website name

Dear Sirs,
My name is Amit Shukla. By profession I am an Advocate. Please advice that can I make a website in my own name like- www.amitshuklaadvocate.in/com etc.Is there any legal bar or formality?

Regards
Amit Shukla

sohail   27 November 2013 at 13:27

Inam lands cases pending at revenue divisional officer, mahabubnagar district.

my mother filed 3 inam appeal at Joint Collector, Mahabubnagar District, for inam lands.

my mother filed 3 inam cases asking share of her in his father property, from his brother who declare in 1975 at the time of celling he mention his sisters in his father property and showed her sisters share and his share which was less then the celling area, but after that he has taken O.R.C from Revenue Divisional Officer, Mahbaubnagar showing false information showing that he only the legal heir to his father and taken the O.R.C, and sold some lands to other person.

when we ask our share my uncle refuse to give our share and he told us go to court and take u r share i will not give u your share.

then we my mother filed inam appeal at joint collector, Mahabubnagar District, after 51/2 years joint collector, passed orders directing the Revenue Divisional Officer, Mahabubnagar for fresh enquiry and to pass appropriate orders by giving opportunity to all the interested parties.

order dated 11-4-2012 after 19 months also REVENUE DIVISIONAL OFFICER, did not issue the orders and the respondent didnt appoint and advocate and refuse to take the notices

i have given application to the chief minister of andhra pradesh, Governor of andhra pradesh, Collector Mahabubnagar District, Joint Collector Mahbubnagar District, Revenue Minister, and Chief Commissionerate of Land Administration. representions to the revenue divisional officer, mahabubnagar district, but nothing was happened simply i am getting hearing dates and i m attending the hearing and again i m getting the hearing date thats it nothing was happening.

can i filed case against the REVENUE DIVISIONAL OFFICER, MAHABUBNAGAR DISTRICT, at Human Rights Commission.

for taking justice where i have to go tell me sir & i am senior citizen. its very dificult to attend the hearing from hyderabad to mahabubnagar its almost 110 kilometers from hyderabad..

kindly give me the suggestion. what i have to do now.

mohammad yaseen shah   27 November 2013 at 13:18

Preparatory land (mutated)

Purchased one kanal landed property (the exclusive share of vendors) through agreement to sell,registered attorney and all other necessary affidavits. After that mutated the same through registered sale deed. The said purchased land was demarcated by revenue officials and handed over to me. I land the concrete plinth around the said portion of land. After some 3 years,the same was encroached by a person with the help of vendor and he tried to construct wall on the plinth laid by me. I reported the matter to police and showed them ownership papers but they did not lodge FIR against the encroacher. I approached Court. Court issued statuesque. The encroacher has no valid document except a photostat copy of INTIKHAB which he obtained from concerned Patwari through cheating/fraud. 22 court hearings held so far. For 11 hearings the respondents remained absent. The case went ex-parte. Arguments were heard. Upto 21 hearings the respondents remained absent as they have no solid ground/document. After 21 the judge was about to announce his judgment and pass decree, the opposite party submitted an application supported with photostat copy of Intikhat.

Kindly let me know when I have all the relevant documents for landed property and the said area is protected by a concrete plinth, is the act of encroacher not of criminal nature. can police not lodge FIR against the encroacher when revenue collector "Tehsildar" also gives in writing to police to take appropriate action against the encroacher.

Having all the documents necessary to declare one as proprietary land owner in my favour, cannot a judge decide the case swiftly rather to drag the same unnecessarily and delay the judgment.

Cannot court declare the action of encroacher as a criminal act as without any solid ground he encroached on our land and disturbed our peaceful life.

For the last 7 months I have been unnecessarily disturbed by the encroacher. Cannot I claim expenses incurred on lawyers fee, fuel charges on traveling and attending the court, wastage of time, mental exertion and so on.


kindly give me legal advice and counsel me so that I can get rid of this problem, and the encroacher be taught lesson by Court for this illegal act.

RANJEET KUSHWAHA   27 November 2013 at 12:59

regarding formation of trust

What are the detailed procedure for formation of trust.

sohail   27 November 2013 at 12:49

My father filed a recover of possession suit at mahabubnagar

My father filed a recover of possession suite, in the court of the Senior Civil Judge at Mahabubnagar

we have Patta Passbook & Title Book and our name was in R.O.R & in Pahani Register and current year also my father name was there the total property is acres 10.12 guntas but my uncle sold the property without partition the land to some other person and that person accuracy some of our land and without partition the respondent has taken good land my share was Acres 1.27 guntas, Agricultural property situated at Chowlapally (West) village, Farooqnagar Mandal, Mahabubnagar District.

but the respondent already make plots and build boundary wall to the said property and after saying this situation we filed recovery of possession suit but the respondent first he take the notice and after that he is not coming to court and not attending the hearing and judge told to send one more notice but the respondent is not taking the second notice.

can i give the notice in news papers saying that this case was pending at court you have to attend the court on this date and can i roundup the suite sy no in registration office.

plz give me the advise sir.

Thanking you

sohail

Srinivas Jerripothula   27 November 2013 at 12:29

Drug

Respected All,

I need some suggestions, that i have purchased one ayurvedic product. The product owners states that it is having some medicinal values based on that i have purchased. Is there any specific thing which need to registered for any ayurvedic drug or hemopathy drug ???. I think this Ayurvedic product has not registered. How can i know is that safety for me. How can i know, what are the medicinal values, which is used for me, which i have brought it for. Will you please suggest. Please. If i want to make any test for that Ayurvedic product, where can i send that. I think this company is making fools to public. Coz they have not published there address on the box also. I request everyone please suggest, with this we can decrease this kind of false products.

yusuf   27 November 2013 at 12:01

Regestired gift deed

dear sir my mother had got a gift deed from her in law in 1966 which is registered in her name and later after 10 years her in law herself has got the gift deed cancelled and sold the property to someone else i would like to clarify whether a gift deed can be cancelled once given to someone without the person concerned plz clarify sir
regards

Ritesh   27 November 2013 at 12:01

Pay fixation

Dear Sir

Recently i have joined new job after resigning my previous job through technical resignation. The time when i left the job, i was working in basic of Rs. 15600 - Rs 39100 and my grade pay was Rs 5400. When i left the job that time my basic and grade pay was Rs. 25840.
Now i have joined the new job with basic Rs. 15600 - Rs 39100 and my grade pay is Rs. 7000 and they offered me total basic and grade pay of Rs. 25600.
I have resigned my previous job through technical resignation as already i have mentioned and now i have asked for the pay fixation to my new office. But they are not in a position to do this because of lack of knowledge.
Sir can you help me out from this problem by giving my pay fixation calculation with supporting rule and regulation.

With Regards
Ritesh

Ritesh   27 November 2013 at 11:45

No objection certificate

Dear Sir

I am working as a Asst. Professor in one of the National Institute of Technology( NIT) college of INDIA and now in probation period for one year. In probation period there is a condition that i can not apply for any new post to other organisation. But i have an opportunity to apply other NIT. Can it possible for me to apply for other NIT in probation period as they have already mentioned that you can not apply to any job during probation period (one year).

Please help.

Regards
Ritesh