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

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G. ARAVINTHAN   27 June 2010 at 07:05

Can suit be stayed

One "X" company filed a trademark suit against me. I have filed before Intellectual Property Board that i am prior user and having documents to that effect.

I have also filed a detailed written statement in the suit.

Case not listed before Intellectual Property Board. But District Judge has made the case in trial- special list.

Can the suit be stayed till the order from Intellectual Property Board?

citation if any?

G. ARAVINTHAN   27 June 2010 at 06:23

Appeal ?

I know that the order passed in H.M.O.P by family Court is to be challenged by filing C.M.A before High Court.

I know that the order passed in Maintenance Case by family Court is to be challenged by filing Criminal Revision before High Court.

What is the procedure to file challenge the common order passed in divorce application and maintenance case, which was tried together?

G. ARAVINTHAN   27 June 2010 at 06:06

Employees Provident Fund

Which is the authority to approach against the order of the Employees Provident Funs Appellate Tribunal?

Anonymous   26 June 2010 at 23:18

Domestic violence case

Husband filed divorce under the ground cruelty against the innocent wife. Thereafter wife filed Domestic Violence Complaint.
Husband filed Quash petition and the same is pending before High Court. Now DV case is stayed by High COurt

During pendancy of both the cases, she committed suicide leaving a letter as dying declaration that her husband only spoiled her life.

Can her father proceed with DV case?

Still one month passed by, no investigation was made on husband.?


Anonymous   26 June 2010 at 22:45

Arbitration Compromise case

To cut long story short, A compromise was reached by the parties in their Arbitration case, now the very next day the opponent party changed their mind and to the arbitrator they went and said, we wish to make changes to the compromise, the claimant said I am not agreeing to opponent demands, strangely so when the Award was delivered. Some of the statements delivered by the arbitrator are as follows:

1) "This fact has not been incorporated in the compromise".

2) "This fact could not be incorporated in the compromise".

3) "This fact has been omitted in the compromise application".

Now these facts are all in favor of the opponent. The claimant had 90 days to see to it that the award had been delivered wrongfully, by getting this rectified in the lower court, it will take another life time, but this being a exceptional case, as it is clear form the Arbitrator's Award that this is one sided award and wrongfully produced. I just wanted to know what is the best possible way to get the compromise executed and pin point the unlawful statements that have been written in the Award after the compromised had been reached.

Claimant.

Anonymous   26 June 2010 at 22:26

evidence and additional evidence, pt.. u/s.311 and 391

In 138 cases no defence evidence and documents marked in the trial by the accused's counsel and after the completion of trial can we mark documents and evidence in appellate court. if it is any judgments available.

sameer   26 June 2010 at 21:57

construction

i have a godown on rent in kolkata from last 20years.the owner now wants to construct a house on it.
is it possible to stop him from constructing the house?
if not then can i appeal in court to give me some time to get a new godown?
please advice what i can do to restrict the owner from constuction.
thanks

nidhi sharma   26 June 2010 at 21:47

need an expert lawyer in ajmer

Hi,

M looking for an expert lawyer in ajmer city, complete details,dealing in family law matters.

Anonymous   26 June 2010 at 21:36

Notice under TP Act for Eviction

Shri, Harbhajan Singh Thukral ji,

In your reply to my undermentioned query, which reads..,

Are you accepting rent from the tenant in ordinary course ?

I wish to state that I have not received any rents so far since the notive was served,

and they in turn filed a IA in July 2009 which is not disposed, that we are returning the rents sent by way DD.

Is that enough to file the EVICTION SUIT or should i sent another notice to that effect.

PREVIOUS QUERY:

Sir/Madam

I have given a notice for eviction u/TP act to my tenant in the year march 2009.

He was using the house for other than residential purpose and not paying rents.

A civil case for injunction is ruining parallel in the courts and is in trial stage.

My question is the CONTENTION for eviction is same, so should I give him another notice for vacating the premises OR

Is the notice served on him in the year 2009 march is sufficient as I intend to file a eviction suit shortly..

Pl clarify the legal status and remedies.

Thanks

tusharcosmic   26 June 2010 at 19:50

What if one issues me cheque of someone elses's account ?

Will he/she be charged under negoitiable instrument act 138 or 420 or both or none ?