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

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vinay khanna   24 January 2015 at 23:04

Probate petition

Probate petition was filed on 11.01.2010 within three years in time. There was delay of 125 days in refiling.The refiling delay was condoned by the court on 15.10.2010.Now what will be the date of filing petition and date of registration.

kaur   24 January 2015 at 21:00

Directions to state

Case was filed in High Court for directions to State for registration of case as inspite of repeated written requests to SSP/Police as they were not registering case against the party for preparing of false documents in property case but just lingering on one pretext or other to compromise with the party. As I had to come from other state with a distance of 700 kms to & fro and opposite party and Police knowing this would intentionally making me sit from morning to evening at police station and late at evening the opposite party with number of persons would come and speak in loud tone and thereafter also follow me and threat me on-way. Alternatively I approached the High Court for Directions to State/SSP to register case against the party. The high court dismissed application reads as follows :- Learned counsel for the petitioner prays for withdrawal of the present petition to enable the petitioner to approach the learned area judicial magistrate in accordance with law. Dismissed as withdrawn with the liberty aforesaid. My query is that keeping in view danger to my life and long distance of 700 kms I cannot approach local area magistrate as opposite party would be coming to know my presence and there is apprehension that harm could be caused to me. Can I re-appeal in High Court or there alternate way. Please advice.

BASAVARAJ   24 January 2015 at 20:51

Birth certificate

SIR,
my birth date is 1.6.1991 i want my birth certificate how can i get it. local authority
means my village accountantsai me that i cannot issue bith certificate to u directly.

G D Srinivas   24 January 2015 at 20:48

Court fee issue

The Plaintiffs had filed the Suit for Partition and separate possession of share of 6/25 in ‘A-Schedule Property and 1/5th share in ‘B-Schedule Property and ‘C-Schedule Property along with mesne profit from the date of suit till the date of disposal of the Suit and declaration of Partition Deed registered before the office of Sub-Registrar.., as null and void in respect of Suit Schedule Property comprising of Schedule-A, Schedule-B and Schedule-C properties with other consequential reliefs. The Trial Court has miss-interrupted that the preliminary issue regarding Court Fees is a mixed question of law and fact and trial has to take place. what is remedy

raunaquesinghpthakur   24 January 2015 at 20:30

Difference

What is the difference between "Power of Attorney" AND "Limited Power of Attorney"; especially when dematerialised shares and stocks are transferred into Trading Account!?!?

Pranaam

shankarseelam   24 January 2015 at 20:21

Property case

We have a property which is on my mother's name and we are three brothers. My elder brother has disowned my parents from a very long time hence he also doesnt want any share in the property. My younger brother passed away a couple of months however even he never participated in household activities neither took care of our parents, But at the same time he didnt dis-own them. Now from decades me and my wife has been taking care of my parents(widow mother). My younger brother's widow has now dis-agreed to take care of my mother as she says it is too much of a headache. So now my mother says that she will write off the entire property on my name. But the question is that will my younger brother's widow be able to claim a right on the property. She receives pension as my younger brother was a government pharmacist and she has three daughters, all of them are 18+. So if my mother writes the property on my name, will anyone else be able to claim the property? there is no loan from anyone else on the property

sujit   24 January 2015 at 20:10

Dual employment concequences

Hi Experts,

I accept the mistake that I have worked for two companies for 10 days. The last working day in my previous company is 20th oct & the joining date of my current company is 10th october. Now my current company may terminate me & that's okay for me.

But I want to clear this so that I will not face any legal action from any of the companies.

Let me inform that I have not withdrawn salary for october month from my previous company.

What are the legal actions I could face. & being a good citizen, what I can do from my side to clear the legal aspects, while accepting my mistake?????

raunaquesinghpthakur   24 January 2015 at 19:44

Partnership deed

Since the year 1995, I am a 50% partner with a stall located within the premises of Ahmedabad (Kalupur) Junction. It came to my knowledge that this stall is sublet to an other entity and we charge a daily rent. Plus all the legal formalities which fall under IRCTC and Indian Railways like licence fees and so on are borne' by us. I do not receive a single penny from the rent . Not only this my ITR is filed yearly. Recently, it came to my knowledge that the partnership deed is not submitted with the Indian Railways and hence I am not entitled to any share from the profit or the rent. The daily turnover is in five figures yet my Capital balance has been showing a negative balance since many years, whereas my Partner's Capital Balance is showing a positive balance. It's a Partnership Firm and obviously has unlimited liability, whereby my other assets and investments are at risk. How can I command my rightful position because it's a joint family business and am just given a merry go round ride. I keep my hopes high to get proper guidance from the CA Club or any other resource. I have tried everything from my side.

Pranaam

Athi Vishal HD   24 January 2015 at 19:30

False certificates

Respected Sir/Madam,
I am a Govt. Servant, my annual income is 5 lakhs.

1.But my wife obtained an Income Certificate(Without my knowledge) from Tahsildar which states that our annual Income is Rs.10500/- only. By using this income Certificate she obtained several Govt. benefits which reserved for BPL people.

2.My wife is physically Fit and she has no disabilities. But she obtained an Physically Handicap Certificate from Govt.Doctors which states that she is limping and she has 60% disability.

3.My in-laws are in Govt.Service.But my wife obtained an Income Certificate(before her marraige) from Tahsildar which states that their (in-laws) annual Income is Rs.7500/- only. By using this income Certificate she obatained several Govt. benefits which reserved for BPL people.

When I came know all these I collected all the documents through RTI and gave 3 seperate complaints to Concerned to take criminal action against my wife and in-laws. In written reply to my complaints they told that this is not an criminal offence and they can't take any action.

Is it criminal offence or not, if yes please mention the IPC sections,
With regards,

Athi Vishal HD   24 January 2015 at 19:17

False certificates

Respected Sir/Madam,
I am a Govt. Servant, my annual income is 5 lakhs.

1.But my wife obtained an Income Certificate(Without my knowledge) from Tahsildar which states that our annual Income is Rs.10500/- only. By using this income Certificate she obtained several Govt. benefits which reserved for BPL people.

2.My wife is physically Fit and she has no disabilities. But she obtained an Physically Handicap Certificate from Govt.Doctors which states that she is limping and she has 60% disability.

3.My in-laws are in Govt.Service.But my wife obtained an Income Certificate(before her marraige) from Tahsildar which states that their (in-laws) annual Income is Rs.7500/- only. By using this income Certificate she obatained several Govt. benefits which reserved for BPL people.

When I came know all these I collected all the documents through RTI and gave 3 seperate complaints to Concerned to take criminal action against my wife and in-laws. In written reply to my complaints they told that this is not an criminal offence and they can't take any action.

Is it criminal offence or not, if yes please mention the IPC sections,
With regards,