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

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Anonymous   25 September 2022 at 16:15

Money recovery from wife

Sir,
Due to love & on good faith I have given Rs 5 lakh as loan to my wife. The amount was given to her via NEFT payment one year age.

Now she is saperated from me & refused to pay by saying it was given to her as gift.

I have no written contract with about the loan since she is my wife.

Can I file summary suit against her ?
I have only bank statement record.
Without any written evidence can I win the case ?

Suraj Kumar   25 September 2022 at 12:45

Stay of suit as per cpc

Sir,
1) My wife was filed 125 CRPC on year 2013 which was dismissed for default.
2) Thereafter she is again file a case for restoration of dismissed case.
3) That restoration case was also dismissed for violation of court order.
4) She again file 125 Crpc wherein interim maintenance is allowed.
5) As per section 10 of CPC:
Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or between
parties under whom they or any of them claim litigating under the same title where such suit is pending in
the same or any other Court in 6
[India] have jurisdiction to grant the relief claimed, or in any Court
beyond the limits of 6
[India] established or continued by 7
[the Central Government 8
***.] and having like
jurisdiction, or before 9
[the Supreme Court].

Sir,
Can I go to ADJ court for stay of 125 CRPC ?

Keshab kumar Sarkar   25 September 2022 at 10:18

There is a problem with my document

I am keshab kr sarkar. My father name is Tapan Kr sarkar .this name my start write from my birth certificate, now I have start writing me & father name keshab kumar sarkar, Tapan Kumar sarkar my other documents. Like,in addhar, PAN, college degree certificate , Even the HS pass certificate has keshab kr sarkar & Tapan Kr sarkar written on it. Will there be any problems in the future?

Supersonics Industries   25 September 2022 at 10:12

Status of garage in pagdi system building

I am a tenant in building in Mumbai suburban under Pagdi system since 1995. I purchased a Garage in this building by transferring 33% amount to owner. I asked for permission to use this place as office but in writing such permission was not given by landlord. However I got the ratable value revised as office trough BMC & paid accordingly. Electricity supply is also commercial. I also have Shop & Establishment registration of above premises. The Garage is not part of the building but independent structure. BMC demolished the building being dilapidated but not my Garage since being structurally stable. Bmc before demolition measured carpet area of all tenements including mine & issued certificates to all tenants. BMC in its certificate issued to me mentioned the tenement as Garage ( Commercial).
Now the owner has moved for Redevelopment & assured 300 sq ft to residential tenements but not specified anything to me.
What are my rights as Commercial property or as a Garage in the redevelopment & what am I entitled to get.
Deepak Vanjare

Anonymous   25 September 2022 at 02:59

Farm land

My grandfather purchased land in my father's name in year 1981 (2nd siblings out of 4), my father died on 2010 and grand father on 2015 and that farm land is transferred to my mother name . Now can our uncle have a claim on this farm land in 2022 ?

Daljit Singh Mann   24 September 2022 at 20:56

Baseless suspension order

Public servant was placed under suspension without reason. Departmental inquiry report shows that public servant is innocent and even no charge is proved against him. Now question is that whether public servant can initiate criminal proceedings under section 167 against the authority issuing baseless and vague suspension order.

Advocate Abhijeet singh   24 September 2022 at 20:05

Under section 138 ni act

Respected sir,
my query is following, plz give best suggestion:
1. I have sent a legal notice to accused under section 138 NI act and due to some typically error the name of accused affixed wrong.
2. That when we knew mistake then we imminently re bounce the same cheque and again sent the legal notice to accused .
3. that the complaint under section 138 NI act also filed during the time period and also mentioned in the complaint that the one notice also sent under typically error with wrong name.
4. That thereafter the concerned court issued the bailable warrant against the accused and accused appeared and got the bail from concerned JMIC.
that my now accused filed a appeal against the order of JMIC towards the warrant of accused that on the ground that the same complaint is liable to dismiss because the complaint not filed between the stipulated period and accused took plea that complaint filed period should be start from the first legal notice.
now plz tell how we will defend this ground .
thanks
abhijeet soni

Anonymous   24 September 2022 at 04:26

Passport renewal issue

Hi sir,
I am from hyderabad and I am facing issue to renew my password as my father name is minor different in my all education certificate but the pronunciation is same.
As you known it is difficult to change the father name in all educational document.kindly help me with this issue. I want to apply for further studies in abroad and without renewal I can't go . Please help me

Anonymous   23 September 2022 at 21:14

Binding agreement

Our close relatives an Uncle and his nephew are residing .in Uttar Pradesh in a house in the name of the nephew but some amount was paid by uncle also when the house was purchased. Now the nephew is selling that house and asking his uncle to vacate the house and assures his uncle that he will pay and amount of rupees 15 lakh to him when registry of the house is done. However, the uncle does not have faith in his nephew, who is a crook The uncle apprehends that the crook nephew will not pay him anything after registry once he vacates the house.

Please advise whether an agreement at the time of vacation of the house by the uncle before registry can be entered into between the nephew and the uncle binding the nephew to pay Rs. 15 lakh to the uncle after he receives the selling amount at the time of registry. If so, please advise
1. What will be the value of stamp paper in Utter Predesh on which such an agreement should be entered into.
2. Whether such agreement is required to be registered.

Besides, what other Options are available to the Uncle by which Nephew can be bound to pay Rs. 15/- lakh to the uncle after he receives selling amount on registry of the house.

m.satyanarayana   22 September 2022 at 23:03

Change of counsel/advocate after death

Sir,
I engaged advocate for my partition suit after preliminary decree. My advocate filed application for metes and bond and for passing final decree. I got my file back from his son and juniors after death of my counsel.My case stood pending from there onwards also corona pandemic I faced financial problems could not proceed. There is no pending dues to be paid to my advocate.
Now when l approached new advocate to take up my case he is insisting on death certificate at least photo copy. My previous advocte lawyers refused death for unknown reasons. My previous advocate laywers juniors who have not signed on my vakalatnama advised me to file memo or affidavit in the court along with new advocate Vaklatnama and no death certificate required. There is no NOC when advocate dies.
Please kindly advise me court legal proceeding I am confused and unable to get correct information.

M.Satyanarayana