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

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Shashi Kant   24 November 2013 at 16:49

How i can stop one sided legal processing under 156 (3) for issuance direction to sho nri for fir re

Hello Sir,

Need your support, related to my earlier question (please read my earlier question ) regarding sales deeds of my properties, now a FIR under section 406, 420 have been registered against my bhabhi (brother’s wife ), and against her parents in june 2013, all three living in America .
now they have sent a power of attorney to a local advocate and being attorney he filed a case under section 156 (3) for direction to SHO NRI cell to register FIR under section 420, 467, 468, 471 against me, my grand father, lambardar, (in September 2013) and against my brother who never came to india after marriage or on the time of sales deeds
and now in America judge also charged my Bhabhi and her father for fraud case and summoned to them .
here in india i registered a case against them under section 406, 420 , ( June , 2013)
filed a criminal suit against my bhabhi , against her parents, against her brother and bhabhi (all living in America) (In NOV , 2013)
another case i filed is of damages case (NOV , 2013)
and in OCT, 2013 i challenged both the sales deeds one i made a sale deed in favour of my bhabhi ‘s name , second she or any other girl on behalf of herself (without power of attorney) made in favour of my grandfather’s name.

My need is – I want to stop criminal case which my bhabhi’s attorney filed against me , my grandfather, lambardar ,and my brother under section 156(3) for issuseance of direction to SHO NRI for registeration of FIR under section 420, 467, 468, 471 , and now judge have called report under section 202 from SHO NRI.
Already which complaint my bhabhi sent to SHO NRI from America, already filed by police by saying that complaintent is living abroad, due to that she could not be involved in the investigation , and her statement could not be recorded, so no action is necessary by police,

Now tell me how i can tell to judge that already FIR have been registered against my bhabhi and her parents under section 406, 420 , already i have filed civil suit for damages from them, already i have filed a criminal suit against bhabi and against all her parental family under section 500, 506 IPC
Already in Canada judge have charged them under fraud case and summoned to them.
How i can stop proceedings against me by her attorney under section 156 (3) to save me, till this time judge only called report from SHO NRI under section 202.
Because my bhabhi and her attorney (her lawyer ) hiding the facts that FIR have been registered against them, criminal cases filed against them. And they just are now counter blasting against me.

ram sharma   24 November 2013 at 16:44

Affair before marriage but not after marriage

Sir, my wife was having affair before marriage. i have proof of her chats with friend. after marriage she stayed with me hardly 7-8 months and now she put up dv,498,406,420, maintenance cases on me and my family. does those before marriage chats helps me in saving me that she was having affair and so she is leaving me.

point is i don't want her back because she hide about affair from me and also because she put case on me. it has been now 1 year and she is with her parents and i never approached her to take her back but she many times but i put allegations on her character and said i don't want her back and thereafter she put so many cases on me...

i have problem that she never contacted her lover after marriage either through phone or mail and i have just before marriage chats. does it is helpful in any way in saving me and my family from false cases?

dhrumil   24 November 2013 at 16:44

Can flat be sold in case of status quo


survey numbers of my apartment is under writ petition and recently learnt that one of flat owner in our apartment( not me ) received order by THASILDAR as below.

8. Under the circumstances, the respondents are directed to maintain status quo as regards the right, title, interest and possession of these lands or any construction put up thereon in respect of Survey No.15/1 measuring 25 acres 8 guntas including kharab, Survey No.17/3 measuring 5 acres 8 guntas including kharab, Survey No.18/1 measuring 6 acres 7 guntas including kharab and Survey No.18/4 measuring 2 acres 8 guntas including kharab situated at Basavanapura Village, K.R.Puram Hobli, Bangalore East Taluk, Bangalore, pending disposal of this writ petition.

full details can be found out here:
http://causelist.kar.nic.in/detorder.asp?bench=B&caseno=43387&caseyear=2011&casetype=WP&doo=27/03/2013


we want to know if flat owners can sell their flat in given situation or not as we are not involved party in this case.


case details:
http://causelist.kar.nic.in/caseStatus_CaseNumber.asp
The Selections should be as follows

Case Type = WP (Writ Petition)
Case No = 43387
Case Year = 2011

ram sharma   24 November 2013 at 16:04

Affair before marriage but not after marriage

Sir, my wife was having affair before marriage. i have proof of her chats with friend. after marriage she stayed with me hardly 7-8 months and now she put up dv,498,406,420, maintenance cases on me and my family. does those before marriage chats helps me in saving me that she was having affair and so she is leaving me.

point is i don't want her back because she hide about affair from me and also because she put case on me. it has been now 1 year and she is with her parents and i never approached her to take her back but she many times but i put allegations on her character and said i don't want her back and thereafter she put so many cases on me...

i have problem that she never contacted her lover after marriage either through phone or mail and i have just before marriage chats. does it is helpful in any way in saving me and my family from false cases?

niky......   24 November 2013 at 15:41

Value of photo proofs in an eviction case

In a case of an eviction case, which is the on basis of defendant not staying in the rented house.

Does the photos from mobile of defendant in the premises and photos of signs on speed post, register letters etc. can act as proof that defendant was in the premises?

Can this be submitted to the court and how much value such proof carry?

Than you.

JASWANT VIJAY AGNIHOTRI   24 November 2013 at 15:00

Agreement on notary stamp 500/-

A 75 yrs old man made a agreement on Rs- 500/- stamp paper, his house (this house don't have paper but proof of residing there since last 20 yrs are available), should be given to a woman aged 45 yrs as accepting her being his care taker and wife because his wife has died and he made his two sons legally separate and 'bedakhal', and made notary with two witness.

can woman be thrown out of home by his sons now....? what this agreement stands.....? is it need to be registered if yes to whoom and where.....?

s.saravanaraj   24 November 2013 at 14:28

Open car parking not allotted by the builder after getting payment

sir,
i am living in chennai, In our apartment , builder collected money for open car parking from 26 owners in 2006 and banned over our flats without allotting . closed car parking also were available in our flats.

open car parking is written in our sale deed.

do closed parking , that is car under building enjoy different rights? they object us to get open car parking.

now, the association is objecting allotment for open car parking and putting temporary sheds.

do we have equal rights as closed parking allottees ?

can we get open car parking allotted ourselves and erect temporary sheds to protect our vehicles.

is there any rules and judgement in our favour.

naresh lalchand israni   24 November 2013 at 14:19

To include my name is share certificate


Hello Sir,

I being second owner of flat in C.H.S Ltd.
have approached (written letter to the society) to incorporate my name in the share certificate as my brother's name is only mentioned in the share certificate.

The society has asked for original agreement registered withe the CIDCO and the same is shown to the society. There is no mortgaze loan or any loan every thing is clear.

Inspite of the above documents which are very clear the said socieyt is asking me
for an Affidavit.

My query is shall I submit the Affidavit to the society or what can I do now.

Please advise me on this at the earliest.

naresh Israni

Naveen Kanth Dasari   24 November 2013 at 14:05

Attachment of retiral benefits

Hello,

1. Can the family court gives judgement to attach retiral benefits of husband?

2. How far is it relevant to attach the retiral benefits of the husband, if a wife files Execution Petition for attachment of retiral benefits?

3. As far i'm concerned that Section 60(1)(g) of the C.P.C says that "stipends and gratuties allowed to pensioners of the Government or local authority or of any enmployer or payable out of any service family pension fund notified in the official Gazette" shall not be liable to such attachment?

4. Can i get stay from the High Court of such attachment?

Naveen Kanth
Advocate
Hyderabad.

Rohan Shetty   24 November 2013 at 13:57

Salary issue


I had Started up with a business ( Sales unit for A MNC company)
Now the sitiation is i have to shut down due to unfortunate circumstance in 35 days .
The issue is i Could not arrange for the expected funds .
I had recri=uited Staff 6 Employees .
The staff used to Report to office but has had no productive operations .
I informed the staff that i will be shutting down and will be paying their salaries .
Each one of them are creating a Neuicense .
I gave them a PDC .just to avoid a sitiation . The day passed off . i still am not able to Arrange for the money
I do not want to be unethical . but this is a genuine business loss .Some are threathing to raise a police complain and some are tryingto creat local political pressure .
I do not wish to escape the pay , as i feel it was my mistake for non arrangement of funds , I just wish to buy some time and pay them .
What is the legal procedure to get out of this situation.
Who should i consult -
I have not given them a offer letter or any other document .But it has become embarrassing .Please help me if i can get one month time to arrange for the money . I am continuously being harassed and threatened .they are also kinda involving unnecessary people .