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

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Rastogi   21 December 2014 at 13:34

Declaration suit

During the pendency of the declaration suit by Plaintiff, if the property is sold by defendant(since RTC is in his name) and house is constructed on the same by the purchaser what is the implication of the same once case is decided in favour of Plaintiff?

will plaintiff required to file a new suit against purchaser again?

Juned A Harrased   21 December 2014 at 12:48

maintenance

Hi experts
What are the smart ways to reduce maintenance as possible as. LIC & personal loan can be count?

KETAN J SHAH   21 December 2014 at 12:27

Bonafide suit by landlord

Sir,
I am a landlord of property in Mumbai. I have filed an eviction suit against a tenant who has carried out illegal additions/alterations in the premises given to him as alternate acomodation. The Tenant is using the premises as commercial.In 1973 when he started his work in the premises the I was running a polyclinic and this tenant like other doctors he was alloted a room space in a garage. I stopped my business and closed the polyclinic and sold the premises to other person but since this tenant was in a garage I retained the garage When the Tenant was with polyclinic he was paying the rent to the polyclinic and after the closure of the clinic I started taking rent in my main property A/C. The rent receipts were issued in the name of poly clinic and now they are issued in the name of property a/c. Even today he is the tenant on the same terms and conditions which prevailed at the time of polyclinic.But he thinks that he is the regular tenant now. Inspite of taking order from the court for depositing rent in court he has not deposited the rent and the property tax has not been paid for last 4 years.I was running my business from the other garage next to the garage of Tenant.But after filing the eviction suit the tenant complained to BMC against me and I had to stop my business. The rent paid by the tenant is very meagre. In his WS he says that the rent includes tax, maintenance and all other outgiongs whereas I pay all the expenses from my pocket. I want the premises for my use and business so i have filed a Bonafide suit against him. The tenants daily earning is 40 to 50 thousand and still he says he cannot purchase a premises in other locality.In this situation can I get the premises back for my use and what orders would the court pass in this situation. The tenant is a pathologist but NOT a qualified M.D doctor He is a technician running the Lab
Please advice.
Thanking you in advance

Siddesh   21 December 2014 at 10:21

please advice regdarding transfer of cases from different courts to one court


dear sir, i was the managing director of A company AGRICULTURE (DAIRY , SHEEP FARM, PIGGERY AND POULTRY) based pvt ltd company and my wife also Director, which is now not doing any transactions due to the criminal cases filed by LIVE STOCK investors under IPC 406 AND 420 last few years back. I had issued few 7-8 cheques PDC to live stock investors(different places) to all are returned for reason ''insufficient funds'' and attending cases since 2-3 years. pls provide me solutions. some cases already evidence done and 2 cases given transfer to my bank jurisdiction court. 1. any possible 138 ni act cases transferring to single court? 2. any possible to close the criminal case filed against me as the companies activity closed under reason of agri based project loss due to insufficient rain, scarcity of fodder and lac of proper management as i am attending court cases in different places. help me in this regard, Thanking you sir, yours truly, ABC

Leslie Almeida   21 December 2014 at 07:29

Is show cause notice mandatory before filing criminal case

A Big Cooperative housing society expelled me

on 30.03.2014 at the day of expulsion they

claimed they got a 2/3rd majority, and even

put up same before Dy.Registrar, 54 for the

resolution 3 against 15 abstained total 72

members present and voting

at AGM on 08 08.2014 they printed booklet

in which it shows that 104 members voters

present and voting and not falsely 72 as

claimed on that day and that 48 members

abstained and not 15 this is a criminal

fraud commited by the Managing committee

just to get a member expelled, so i want to file a criminal case against M.C.Members

do i have to send them show cause notice





anil sharma   21 December 2014 at 07:29

About my previous queary

सर
मेरी पूर्व क़्वेरि में मेने जुडिशल प्रोसीडिंग्स के बारे में महानुभाव से जानकारी चाही थी इस पर मुझे कई तरह के कमेंट्स दिए गए पर मेरा मतलब ये नही था जो समझा गया
सूचना का अधिकार के तहत बनाये गए राजस्थान हाई कोर्ट नियमो में कहा गया है की जुडिशल प्रोसीडिंग्स से प्राप्त डॉक्यूमेंट को नही दिया जा सकता पर कोई रूलिंग या बड़े अदिकारी के आर्डर भी जुडिशल प्रोसेडिंग में आती है ?? क्या वकालत नाम की कॉपी भी जुडिशल प्रोसेडिंग में आती है ,कोर्ट में पारदर्शिता और उत्तेरदायित्व की कमी जअपनी गलत को छेएपाने के लीय जुडिशल प्रोसेडिंग का बहाना बनाते है और इनफार्मेशन नही देते है इस लिए ये पूछा गया था

अगर सही जानकारी सअहयोग हेतु दे तो अनुकम्पा होगी

Nand kishore   21 December 2014 at 07:28

Objection after land sold and mutation completed in the name ofpurchager

Nakul Mahto in 1992 sold a portion of land after his fathers death in presence o 4 witnesses (1 of them was his son) by registered sale deed and a map indicating the LAND particular portion SOLD.Purchaser Ram SINGH dully Mutated his name in govt register 2 and get land revenue receipt in his name till Now. After 22 years SELLERS son (witnes) Denies the sale deed and do mischieves with purchasers son(RAM DIED 4 YEARS ago), and threatened him every time to vacate from said land. MY query is that 1. Is sellers Son OBJECTION is law ful? 2.Can sellers SON Recall the sold land? 3.What is Remedy for Purchasers SON ?

Member (Account Deleted)   21 December 2014 at 07:01

Caste certificate

Thanks fr reply sir.

Vijay Kumar   21 December 2014 at 02:53

Buying agriculture land from seller who is having gpa


Hi,

I am about to buy Agriculture Land from the Seller who is having Registered Agreement of Sale cum General Power of Attorney (GPA) of the Land. I have verified the documents and it's properly registered GPA in the nearest SRO office. But I have few doubts before I proceed to purchase this Land.

1) Does this Seller who is having Agreement of Sale cum GPA has full rights of the Land and can sell this property to anyone without any LEGAL issues

2) Also, I couldn't find the signature of the Buyer (now the seller to me) in Agreement of Sale cum GPA document. I could only inf the original Land owners signatures and the witnesses signatures. Is it general format of the GPA or is it something that is suspicious.

3) Since there is no transfer of Title/ownership, transfer of the property/Land through GPA, can the original Land owners cancel this GPA anytime in future and is it possible to revoke the GPA from the original LAND owners, Or Is it true that Agreement of Sale cum GPA is irrevocable

4) Since as per Adaani and Pahani Documents of the Agriculture Land, the land owners are still the original land owners but not the Seller who is having Agreement of Sale cum GPA. So if I buy the Land from th Seller who is having Agreement of Sale cum GPA, is it Possible that the there is Title transfer of Land / Transfer of ownership of Land is possible. I mean after buying the Land from the Seller, can I have the Ownership of the Agriculture Land and whether I can get my name reflected as farmer in Adani/Pahani documents and get the Farmer Pattadhar Passbook. Please clarify the same.

5) If I am purchasing the Agriculture Land through Seller who is having Agreement of Sale cum GPA, what should be best process/procedure to follow to buy the Land, whether it should be through Sale Deed/Title Deed or it should be though only Agreement of Sale cum GPA. Please clarify.

Above are the few doubts/questions that come to my mind when I have gone though these documents, I request experts here to clarify my doubts and suggest any other things that I should be careful before proceeding to purchasing this Agriculture Land.

Thanks & Regards,

Vijay

SURENDRA KUMAR   21 December 2014 at 00:42

Passport

AADHAR & LEASE AGREEMENT ADDRESS PROOFS CONTAIN INITAILS OF MY MIDDLE NAME . CAN
THESE BE USED FOR PROOF OF ADDRESS FOR PASSPORT RENEWAL .

BECAUSE IN PASSPORT NAME WILL

BE IN FULL, BUT MY ADDRESS PROOFS CONTAIN INITIALS OF MY NAME ..