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

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Vivek   03 March 2014 at 11:20

7 years charge not framed.

i have a 498a on me filed march 2007 after getting court order us 156(3).

7 years later the deficient copies of the FIR are still awaited , the IO changed and Charges still not framed.

is there a chance of relief or wait for this process to take its own cours of time.

i have both the options for 239 as well as 482 , can i excersise both at the same time in respective courts.

please guide.

VISHAL   03 March 2014 at 11:17

Relinquishing deed/gifft deed

hi,we have a property/land located on mumbai -goa road in indapur-taluka mangaon,district raigad & the property is undr my fathers and his sisters name and now we are going to make relinquish deed/gift deed. my fathers sister is overaged at 80 so she wont be able to make to the registerer office at mangaon so what we should do?

Bhavya Fofariya   03 March 2014 at 10:51

Transfer of paghri flat in dombivali

We have a pagdi flat purchased in 2003 on my grand mother (nani's name) and before she died in 2013 she made unregistered notified will in favor of my mother. Now land lord is refusing to transfer the property on my mother's name. He stopped giving us rent receipts and pressuring us to sell it to him. We don't want to sell the property and we are ready to pay transfer charges. what can be done in such case. Please advise.

Shashank Sundar   03 March 2014 at 10:39

Requirement of succession certificate

We are 3 brothers, and having dispute over property of our parents which is in the form of two flats in co-operative housing societies. There is no will. Questions are,
a) Can the co-operative society transfer "ownership" of the flats to the legal heirs ? If so what will be the procedure for the such transfer ?
b) Do we need succession certificate to claim our share in property ?
c) What is the documentary evidence required to obtain succession certificate ?
d) One of the brothers is "now" US citizen, can he claim his share in property, and included in succession certificate ?
e) Does "nomination" of the flat, in the name of any particular brother, in CHS gives any right / authority of the flat to sell ?
Can such "nominated" member (one of the brother), apply own lock to legally acquire the property ?

Thanks,

pun   03 March 2014 at 10:00

Summoning after negative report u/s 202 of crpc

Hello members,

In my personal complaint u/s 500 IPC, the court had referred the matter to police u/s 202 of crpc. however police after coming inclusion with accused persons, submitted a. false and negative report against me. now the matter is fixed for consideration on the issue of summoning of accused. can court ignore the report of police and summon the accused. If yes, then please tell latest citations.

Thanks

suresh babbu   03 March 2014 at 00:25

354 & 509 i.p.c

sir
can a woman can be tried for the offence of 354 & 509 i.p.c filed by a woman being the complainant just by uttering a word you bitch do what you can along with some other who beat the complainant by holding her tuft.

Anonymous   03 March 2014 at 00:03

DRT CASE u/s 17 of SARFASEI ACT

Sir. I hv query regarding DRT case hope u 'll help me. I m bank lawyer. Bank has given loan to borrower by mortgaging his property. All Documents are registered. Nw the original owner (first) has filed civil and criminal case against borrower claiming that by fraud and bogus PoA the said property is purchased. Bank is not a party to said cases. As borrower not paying installment bank issued notice u/s 13 of SARFESI ACT. Nw original owner approach DRT court and is claiming stay order for bank action and saying that bank has sanctioned loan without due diligence and in collusion wth borrower. He has never sold flat to borrower. The deed is ipso facto void ab intio. Pls guide wat stand bank should take. Bank is following due process of law. And all documents are registered so can't say that bank has without due diligence sanctioned the loan. Pls guide wth relevant case law

Amar Jadhav   03 March 2014 at 00:00

DRT CASE u/s 17 of SARFASEI ACT

Sir. I hv query regarding DRT case hope u 'll help me. I m bank lawyer. Bank has given loan to borrower by mortgaging his property. All Documents are registered. Nw the original owner (first) has filed civil and criminal case against borrower claiming that by fraud and bogus PoA the said property is purchased. Bank is not a party to said cases. As borrower not paying installment bank issued notice u/s 13 of SARFESI ACT. Nw original owner approach DRT court and is claiming stay order for bank action and saying that bank has sanctioned loan without due diligence and in collusion wth borrower. He has never sold flat to borrower. The deed is ipso facto void ab intio. Pls guide wat stand bank should take. Bank is following due process of law. And all documents are registered so can't say that bank has without due diligence sanctioned the loan. Pls guide

Sanjay Kulkarni   02 March 2014 at 23:54

Non-cts compliant cheque

Since non-cts cheques are discontinued, can a financial institution present a old non-cts cheque given for loan purpose, and if so can defence be taken as to validity of the cheque in case of dishonour?

A M Mohammed   02 March 2014 at 23:32

Property tax is being paid in the name of old owner still

A property was purchased 30 years ago and sale deed was made on payment and owner move to us and uk.
Same property for give on rent such as shops and apartment, all the tenants were instructed to pay the property tax no one check the tax was paid in whose name the new owner died due to sudden illness after few year relations of the new owner found that the tax is being paid in the name of tenants individual for shops and apartment but not in the name of new owner, how could it be upon check with the rental office it was found that the tenants register each of them in rental office thru which means do not know on the check the tenants change the tax paying in the Old owner name and in the middle there was new apartment tenant who also started paying in his own name with out contacting the new owner, so how to solve this issue.....now the new owner is in the middle stuck up there are lots of difficulties cant remove any of the as such they very old........