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

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Vijay Kumar   24 October 2013 at 22:44

No need of vakalatnama in criminal cases

I had come across a decision of Karnatka High Court that in Criminal cases,there is no need to file a Vakalatnama and only a memo of appearance is sufficient.

Now, I could not trace that citation despite efforts.

kindly help with sharing the decisions on this point.

Regards

Ketan   24 October 2013 at 22:37

Delay in possession and harassment from builder

Dear Sir

I booked apartment in Pune Maharashtra and as per agreement builder promised to give possession in Aug-2012 , till date they don’t give possession still their work is going on, we paid almost 95% of value . In april I send normal notice for claim of my rent and interest loan that time they promised to give possession, but they just allow us to start furniture work. I started my interior work in June and now it is on completion stage.

This month I ask for possession and builder asked me to pay 100% , due amount is against Sales tax and maintenance charges, where there is no amenities completed as per agreement, so I asked them to complete that and then demand for balance amount but they refused to accept that.

I served notice for 20 months delay in project like my rent, interest on loan, after receiving notice builder legal advisor start threatening me and my family to put behind bar and asked my worker to stop interior work and vacant the flat. Now they are threatening that they have rite to lock my apartment and sale out to anyone with all my furniture work which is 20laks worth. They are sending their people everyday to my apartment and using force method to threaten me and my people.

My balance is only now 4 lakhs which I ready to pay for possession but I don’t want to give up my claim, so builder not giving me possession and hiving harassment. I stay out of India , for this reason I have to leave my work and come back to India.

Can builder do this? What action I should take for possession and claim

Your advise is appreciated
My contact is 9881796041

Rahul C.Pawar   24 October 2013 at 21:37

Collector not give me land sale permission.

To,

R/S,

Sir meri 3acrs land hai aur ho kul kyda (prati bhandhit satta prakar) ki land hai.maine jis party se ho land purchase ki thi us party ne muje ho land dene ke kilye collector ki permission nahi li thi, aur ab muje ho land sale karne ki hai par muje collector use sale karne ki permisson nahi de raha hai.
so please advice me ab mai kay karu. muje ye land sale karne ke liye permission kaise mil sakti hai.

jay pathak   24 October 2013 at 20:08

Child support

How is child support calculated. child is 8 months old

Husband's salary - 70000

wife salary - 60000

medical benefits of child are free for child in case of wife.

regards

GANGAM.RAJENDER.   24 October 2013 at 19:49

Femal property distribution

sir my friend had been taken divorce from the court.before divorce they begotten one daughter and she is unmarried ,she is along with the father.his wife not married and she was died on THE year 2011 .she had self acquired property lands which are registered her name ONLY.
1.now her father and brother enjoying the property.will they have right (share) on the above said property .
2.now the divorced husband trying to file a partition suit ,can he succeed in the suit and his daughter have any share (right) in the above said property.
PLS GIVE ME SUGGESTION SIR.
WHICH IS URGENT TO FILE PARTITION SUIT SIR.

Akshay.K.Bhandare   24 October 2013 at 19:25

Transfer of property and succession

Dear Expert,
Is there any document from Goan Court of Law for transferring the property, situated in Goa, which belongs to a unsound owner and which is jointly owned by his wife which is not in a vegetative state as she is not in that state though she is mentally sound, to their legal heirs?
In such a case would there be any remedy for transferring such a property in the names of their legal heirs as the health of both the parents is deteriorating by time.
If so please resolve my query as it would be very helpful.

Thanking you

VIVEK   24 October 2013 at 19:01

Cheating case 34,420,193,406, 466

Dear Sir, I am an NRI for the past 18 years born and settled in Bangalore since 1965. I have been married for the past 12 years and have a daughter and all of us are living in kuwait since then. An aged woman who was working in my flat in Kuwait during 1999 as a house maid had induced me to buy a property in Kerala during her vacation.I had entered into an initial agreement with the seller in 3 days and left to Kuwait immediately after entrusting the registration of property in my name after the seller receives complete amount from my personal bank account in 3 months. I made all payments to the seller in 3 months from my bank account. However, the aged woman registerd the property in my name and as well hers claiming to be my wife in the January 18,2000. Then she escaped to Kuwait and was in hiding for 12 years with all the documents in her possession. All my efforts to trace her and property went in vain as I did not posess any documents except the bank statement of cheque transfer. I am paying the price for carrying out a land deal in such a hurry. It was crimianl breach of trust on the part of the aged woman. Meantime she rented the house and the land during the last 12 years. She is orignally a resident of Tamil Nadu and her husband is currently alive and we have obtained her family card and given as proof of manipulation to the court. As I could not locate her as well as the relevant documents during last 12 years I could not register any compaint with the authorities. Meantime, in 2007 she obtained my death certificate(a copy is obtained from the Panchayat under RTI act as the neigbour tipped me of such criminal act and given to Magistarte during the first hearing) when I traced the property in June 2012. Please note that she had obtained a forged Marriage certificate as well to authentcate the property ownership. When I traced her through some connections in Kuwait she returned to India and filed a domestic violence case and took a restraing order which is being heard in JFMC court in changancherry and she did not attend any 6 hearings in the last 6 months. I have given GPA to my brother to reprsent me. The Magistrate is just postpoing the hearing. How long can he postpone it despite producing enough proof a false case and my lethargic advocate did not advise us to file an appeal in the sessions court within 30 days. We filed a an appeal after 6 months and is due for hearing in the sessions court on Sept 30,2013. he postpone it to January 2014. Kindly advice us the maximum time limit for the Magistarte to give a final verdict as the women is not attending any hearing. The is a classic case of cheating and manipulation. A criminal suit(cheating case 34,193,406,420,466) has been filed in March 2013 before the same JFMC against the old woman and her daughter and son-in-law who all deeply involved in this criminal conspiracy to usurp my property. The JFMC have ordered an invsetgation by forwarding the case to the Local Police and an FIR is registerd in March 2013. However, Police have not made any effective investigation due to politcal influence as one of local Panchayth leader is involved in the issuing the death certificate. The Lady was arrested on 26/9/2013 as her AB was rejected by the Sessions court. However she was released on bail on 29/9/2013. The son-in-law and daughter got regular bail and all the three accused are adviced to report to the police station once a week. Meantime, we have filed a review petition before JMFC about the false DV case. The next hearing on the false DV case is scheduled on 15/10/2013. The Magistrate was on holiday on that that day and the next hearing has been postponed to januray 15,2014. It will be the 8th hearing and the petioner lady has vanished(niot attended any hearing) after clandestinely obtaining the resident order. The resident order was obtained on a so called prima facie evidence which is a bogus Ration Card and a forged marriage certificate. During the previous hearing on 30th Sept, 2013 we had given evidences obtained under RTI to prove that the supporting documents filed by the petitioner with DV affidavit is forged. Serious observations were made by the sessions court against the accused while rejecting the AB bail of all the three accused. The same magistrate who gave ex-parte resident order has given the regular bail to all the accused. Despite all these evidences the magistarte has adjourned the hearing 7 times and it will the 8th hearing after one year since filing the DV case on 23rd January 2013. I am unable to take possession of the property even after one year since filing the false case. Any advice please. The Police have promised us that they will file a charge sheet with respect to our criminal case within next two weeks. Meantime, the old lady procured two passports. One in 2002 from Tirunelveli (Tamil Nadu) and travelled to Kuwait on a house maid visa. After arriving in Kuwait she ranway from the agency and retuned to India in 2007 using an exit pass(in lieu of passport) during amnesty period. This passport contains her original address and her husband name in Tamil Nadu. Then in 2007 she obtained another passport from Kerala with my property address and travelled to kuwait on a house maid visa until her final return to India on 18/1/2013. She currently holds that passport. I tried to file an RTI request seeking details of her passport in Tamil Nadu but they rejected as they are not supposed to divulge private info. obtaining two passports with different details adress and different husband names is a crime. However, in the absence of such info i can not proceed with another forgery case. Kindly advice. Another Querry, As the accused lady being old and suffering from some ailments, if she dies during the trial stage of this cheating / forgery case, does it affect the petitioner in any way in terms of property sharing, if the accused old lady's legal heirs Daughter, son, son-in-law and grandson file a suit to claim a share in the property. Please note that We have provided all the solid proofs of financial transaction took place between the actual buyer(petitioner) and the seller. Advice please. Thanx

vipul shah   24 October 2013 at 18:40

Motor accident claim

Respected sir,

i want to know the status of my specific MACT case. so will you pls tell me the site aggress to track the same?

Thanks

vipul shah

ramesh   24 October 2013 at 18:40

Advice for supreme court appeal against dismissal of quash application by high court

SIR,

CAN YOU SUGGEST SOME GOOD AND REASONABLE SENIOR LAWYER AND THERE EXPECTED FEES(TOTA) FOR FILING AN APPEAL AGAINST DISMISSAL OF QUASH APPLICATION BY HIGHCOURT.

PREFERABLY ONE WHO HIMSELF CAN CONDUCT AND WE DO NOT NEED TO ENGAGE A SENIOR ADVOCATE.

Mithlesh Chowdhury   24 October 2013 at 18:24

Over work load

Hi!
I am a Teacher, working in a missionary School for 7 years. Till last year there was 2 computer teacher in this School. This new Headmistress took charge and removed one of the Teacher. From this year I am taking her classes too. I am teaching computer from classes III to X also Science in class V, G.K to classes Vito VIII. I have 28 classes per week plus 14 correcting sets plus other computer related works(data entry). Whereas other teachers have 26 classes and 6 correcting sets. Examination time becomes to much correction for me and the Headmistress says to submit the marks in time. Don't you think that I too be given 6 sets like the other Teachers. I have been given the work of two Teachers. Plz Advice.