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

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aryankhan   10 January 2015 at 15:30

What after one month prison due to non payment of maintenance?

Wooooooh! So many threads on the forum Bechaare Misters! ...neways i also have come with a question
Please reply hunh! cause after this i have to go to jail for sure :-)
My wife suceeded getting IM 8000/- rs per month under 125 CRPC. Since the day she filed the case and till date the arrears come to 248000. Now my question that i will not pay her a single penny because i don't have any. Now i have to surrender to court and will be sent to jail for one month.
Will after 1 month of prison the arrear of 248000/- will be zero?
i have read some where (Once you spend 1 month jail term then that previous arrears becomes ZERO' )
I have an arrear of 248000 till date as per 8000/- per month. Does it means if i spend one month in jail in january 2015 it ALL will be squared off ?

SSng Aulakh   10 January 2015 at 14:38

civil suit bombay high court

A Counsel appearing on behalf of both the Defendants Nos.1 and 2 in a Suit, made oral submission before Court, i.e.
"an officer of Defendant No.2 will file an Affidavit Of Evidence and depose on behalf of Defendant No.1 also."
The submission is recorded by the Judge in court order.
Questions:
i. Can officer of one Defendant depose on behalf of other Defendant, without any written authority from the other ?

ii. If allowed, what can be future complication if decree is passed against other Defendant i.e. No.1.

Saurabh   10 January 2015 at 14:28

Whether eligible for obtaining obc non-creamy layer certificate or not.

Respected Experts

I am Saurabh age 26 looking for job in government sector, but I don't know whether i am eligible for obtaining OBC Non-Creamy Layer certificate.

As my caste listed in the central list of OBC, but even though i have doubt i.e. As my father is a PSU (SAIL) employee (Non-Executive) and having income more than 6 Lakh. Now I would like to know whether i am Eligible to obtain OBC Non-Creamy Layer certificate or not.

Please advise.


Thank You.

A V Raghavaiah   10 January 2015 at 14:25

Ulc-reg

Sir ,

We have typical story as follows. In 1979 my father in-law purchased a plot from a real estate developer , who got GPA from the land owner in Mansoorabad,village, Saroornagar mandal,RR dist,Andhra pradesh (Ward:3&block:9) in survey no.:28,29,30 and 44.This land is transferred to my wife vide gift deed in 2002.There about 80 plots in this layout and many construction have come up and very few open plots are there including mine(small shed for watchman and power for that shed). As per the Sub registrar office records , in EC, plot is in my wife's name. In 2009 we have approched GHMC for the LRS to construct a house in that plot and they directed me to get the NOC from ULC dept.When I approached them it was told that this land is having ULC problem and for regulise this you need to pay a huge amount. Then I left from there and approached the group of people in that layout and it is learnt that the ULC dept issued a letter to the owner of the land vide C C NO:J2/176/07 and our people approached the court and there is a W.P.NO:20320/10 filed against the govt. of Andhra Pradesh is pending as per the records shown in the Rangareddy dist. collectors web site under ULC list.I have also joined in that group of people for putting the W.P against the Govt.

There is another big development and the state of Andhra pradesh is divided into two states, Andhra pradesh and Telangana and our land belongs to Telangana state. Vide GO no:59 now the Govt of Telangana state , asking the people to regularise the such lands/houses which falls under ULC by paying 100% or 75% of the rate of the land(open/constructed) as on 02/06/2014.

Now I am in confusion what to do , if I don't go for paying this and don't regularise what will happen , if we are not winning the court case.As per some clarifications in this site , it is found that Govt of India and Andra pradesh have repealed the ULC act . In that case am I safe ? If I am going to build a house , will I get approval? I don't get the approval What I can do.If I want to sell the plot , people demanding the LRS from GHMC and inturn, GHMC demanding NOC from ULC .

So please guide me what shall I do.

with thanks

A V Raghavaiah

rahulsuresh   10 January 2015 at 14:10

Divorce - non-consummation

I am an Engineer working in Columbus IN, USA (based out of Madurai, India). Below note is a brief summary that would help you better address/evaluate the some of my marital concerns.

I got married (arranged by my parents) on Dec 12th 2013, at this point our marriage hasn't consummated at all which is the major stress inducing factor in our relationship from my standpoint. Reasons for denial/constant postponement of physical relationship (basic rights of matrimony) remains unknown/mysterious at this point which induces stress in me that results in sudden tantrums (often for some other reason as I find fighting over this reason to be cheap). Lame reasons such as body aches, tiredness etc. are often cited. When I initiate the moves, I'm often snubbed/stared at or teased upon which makes it completely a disaster.

In support of the above issue, I believe there are other intrinsic disorders namely eating disorders and personality disorders which could be one of the causes for not being able to consummate our marriage.

I'm very motivated to end my relationship at this point. Will my marriage qualify for being considered as annulled/void? Looking forward to hear some of your feedback/thoughts on this issue. Please guide me on what the correct next steps should be to move on - we have undergone some psychotherapy and psychiatry sessions but counselors are unable to pinpoint a reason. Thanks for your time and efforts.

pavan   10 January 2015 at 13:33

visa

Dear Experts

Please advice .
I am holding conviction with ipc 279 337 338 of driving case made by police. The case is disposed I paid fine 2500 on conviction before 2 years and never went to jail .now thinking for visa to travel abroad . Can I get visa without any problem ? I have submitted court order copy to passport office while issueing passport . I have not hided any thing during passport police verification. I heard there is a petty offense exceptional law for visa .

please suggest what doc I need to carry to prove eligible for petty offense exceptional law......

Sudha Aditya   10 January 2015 at 12:28

Withdrawal of fake case after 6yrs

Dear Sir,

My cousin has purchased a mobile in a showroom cost about 30,000/- but it was giving troubles frequently from the beginning. The management is taking too much time for servicing every time.

My cousin get irritated and shouted on the management very loudly.

With this the management fabricated false cases with the help to local lady SI, as if "he used abusing language towards a female employee in the showroom and behaved very badly with the lady."

The case was filed in 2009. Till now my cousin attending the court every time. In Nov'14 they mediated through court constable for mutual compromise in Lok Adalat. But my cousin denied for this. He thinks that if he agree for that indirectly he is accepting whatever they fabricated.

In Dec'14 the lady with whose name the case was fabricated attended the court first time. Till then my cousin did not see her face only. She doesn't want to continue the case. Mostly the next month the case will be cancelled which has already declared by the lady magistrate.

These many years they suffered my cousin without his fault. Now my lawyer is saying to file a private case on the management.

Kindly let us know in what way he can be justified and the better route to proceed.

sunilkumar   10 January 2015 at 12:11

TECHNICAL RESIGNATION

Sir/ma'm I joined Indian Railways as junior engineer on 20th feb 2013.I had already filled the form of cgl 2013 before joining.i didnot inform the department about my candidature at the time of joining.But I came to know that it is required to intimate the department regarding candidature in all exams as soon as one join.So I wrote a letter on 6th jan 14 regarding my unawareness of the rule and intimated the department after tier 2 of the exam ..before results and I mentioned that result is awaited in that letter.Also I requested to let my candidature be intimated.The department didnot respond me.Then exam got scrapped through a cat order. I sent the admit card of re exam tier I in july and requested to allow me to appear in the exam referring the first letter.Still no any reply came.Then after I was selected and interview was due I applied for NOC in nov 14 reffering above two letters . I got NOC to appear before the interview board in dec14.Now do I have a chance to get technical resignation if I am selected. Kindly guide me.Thanks in advance.

vajinderpalsingh   10 January 2015 at 11:51

Harrsed by wife and in laws...

Dear Experts,
I got married in feb 2012.My wife refused me to stay with me and left me in nov 2013. After that i have tried my best to make her understand to come back to me. But all my efforts are in vain.
Now in may 2014 she filed an RCR in court that it is me who left her. We have gone through the mediation ordered by court but there is no settlement comes out. She blamed me with so many false alegation in front of mediator (verbally) and in last she usually says she is ready to stay with me.
Now situation is that i dont want to stay with her because she had alegated me & my family in such a bad manner which i cant forget. They told me to give 15 lacs which they had spent on marriage to settle down the issue (divorce). i will not going to give her money.it was a simple marriage without any dowry.
i offered them to bring the bills of expenses of the marriage and on based on expenses bill, what amount mediator will fix i am ready to pay. but they failed to bring the bills as they have given false expenses of marriage (verbally).
Now the case again moved to main court.

Now can she file any other case on me and on my family to harass us?
We were staying separately in another town from my parents.
I have all the bills of travelling, holidays shoping , hotels bills etc that its not me who betray its she who betrays me and due to her greedy family she only wants money from me thats why they are harassing me.
She was already a divorcee which they did not disclosed us. I came to know when she also left me and the same way they also cheated that boy and his family and took money from them.

Please advice. Your valuable suggestions will help me to save me from being harrased.

aarjun vhajage   10 January 2015 at 11:49

138 of nia

I MADE A MISTAKE IN COUNTING THE DAYS. PERIOD OF DEMAND NOTICE IS 15 DAYS. BUT I COUNTED 14 DAYS. BUT COMPLIANT IS FILED IN TIME LIMIT. HOW CAN I RECTIFY IT? STAGE: TO SUBMIT THE EVIDENCE AFFIDAVIT ON NEXT DATE. IS THE ANY PROVISION TO RECTIFY THE PRINTING / ARITHMETICAL MISTAKE?