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

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sandykrish   17 January 2014 at 18:24

Rcr mediation

Hi Learned Members.

Applied for RCR, during the RCR mediation we arrived at MCD settlement, filed the MCD settlement on the same day which is Dec 04 2013, next date of the 13-B petition is June 07 2014.
RCR Case: My wife was supposed to file the Objections. I and my wife was present today. I and my Lawyer filed a memo to the court and brought the notice to the Judge that we have filed the 13-B petition with the case # and my advocate told that put the RCR matter to June 07 2014 and once the divorce is confirmed we will withdraw the RCR case. A copy of the MEMO was issued to the Wife and Wife's Advocate.
The reason why we did this is because my wife and in-laws are having the uncanny behaviour and change their mind any time. If we withdraw it now and if they withdraw 13-B petition we will be back to square one.

The Judge told that he cannot give such a long date but has given the date in March asked us to get one more date in March.
Am I going right in this matter. May be If my wife doesn't turn up for 13-B second motion I will any way have an option to withdraw by citing above reasons.
Is this technically permissible?

Shrikesh Kumar Pandey   17 January 2014 at 18:02

Festival fund in the monthly maintenance

I am living in a society of 128 members and currently the provisional managing committee is governing the society affairs.
My questions are below

1. provisional MC tenure is expired on 31 march 2013 and still the committee is working.There is no transparency of any affairs between members and MC of society like election and other problem resolution.

2. below is the part of AGM dated 22 sept 2013. i want to know
a). is there any provision take function fund charges from members ?
The function fund charges are collected in maintenance bill under the heading "Welfare Fund".
b). is there any provision of making any parallel committee called cultural committee to utilized the said function fund?
"
The proposal for revised maintenance working was accepted by all the members. However, the inclusion of
festival fund in the monthly maintenance was met with resistance from some members present. This
proposal was again put up for voting, with the following results.
Members in favour of the inclusion - 26
Members against the inclusion - 7
It was hence decided to include the same from the monthly bills of October 2013. lt was also decided to add
Rs. 80 per flat per month for this and the festivals to be celebrated were broadly classified oS, Holi;
Ganeshotsav; Navratri; One Pooja and Christmas/Dec. 3l-'t.
A separate cultural committee for this purpose was proposed to be formed, which would work under the
Managing Committee."

Thanks in advance for answers from expert.

Shrikesh Kumar Pandey   17 January 2014 at 17:37

Function fund by managing committe

I am living in a society of 128 members and currently the provisional managing committee is governing the society affairs.
My questions are below

1. provisional MC tenure is expired on 31 march 2013 and still the committee is working.There is no transparency of any affairs between members and MC of society like election and other problem resolution.

2. below is the part of AGM dated 22 sept 2013. i want to know
a). is there any provision take function fund charges from members ?
The function fund charges are collected in maintenance bill under the heading "Welfare Fund".
b). is there any provision of making any parallel committee called cultural committee to utilized the said function fund?
"
The proposal for revised maintenance working was accepted by all the members. However, the inclusion of
festival fund in the monthly maintenance was met with resistance from some members present. This
proposal was again put up for voting, with the following results.
Members in favour of the inclusion - 26
Members against the inclusion - 7
It was hence decided to include the same from the monthly bills of October 2013. lt was also decided to add
Rs. 80 per flat per month for this and the festivals to be celebrated were broadly classified oS, Holi;
Ganeshotsav; Navratri; One Pooja and Christmas/Dec. 3l-'t.
A separate cultural committee for this purpose was proposed to be formed, which would work under the
Managing Committee."

Thanks in advance for answers from expert.

Hamid A Khan   17 January 2014 at 17:04

Resolution passed in agm valid ?

THE M.C.TERM EXPIRED IN SEPT'2013 BUT IN AUG'13 IN AGM,THE MEMBERS HAS PASSED RESOLUTION TO COLLECT FUND FOR BLDG.REPAIR FROM SEPT'13 TO FEB'2014, ONLY EX-CHAIRMAN HAS OPPOSED THE RESOLUTION & IS NOT PAYING, HIS POINT IS AFTER MAR'13 NO RESOLUTION CAN BE PASSED UNTIL NEW COMMITTEE IS ELECTED. IS IT CORRECT. PLEASE LET ME KNOW

Sohan   17 January 2014 at 16:06

Right to live

Hi,

I am in relation with cousin of my, which is not accepted by her father.
Her father has spoiled my name in native saying that I do black magic to capture girls he has also published that I hypnotize people while talking … he has spread it so well that now people from native started calling me and warning me to stay away from the girl, one of them has also called me saying he will murder me
I am mentally depressed with all this as all people from my native has started looking me in different angle…
I am an IT professional request you to help me to take an action on him.
recently he has started sending people to my office to inquire what I am doing which again is disturbing by professional life, request anyone to suggest me

Vishal Parmar   17 January 2014 at 15:44

Filing criminal appeal in high court

An appeal is filed by our Advocate, in High court, against sentence passed by Sessions Court in a criminal case.
Whether is it possible to engage another lawyer to defend the case in the said appeal and to file application for suspension of sentence pending appeal. (i.e. Change of Lawyer or Addition of Lawyer is permissible or not at this stage when appeal is filed)

gopal   17 January 2014 at 15:43

Requesting doubt to clear

Dear Respected Experts,

I am facing a Condone delay petition in state consumer commission, the condone delay petition was filed by the opposite party.

The Opposite party told false reason on their Affidavit & petition for condone delay.

I have filed counter for the Affidavit & petition to dismiss the condone delay petition, then the commission awarded cost to pay with in some date(the date already over).

later i got a proof(Document) that the opposite party told a false reason(which is mentioned in their Affidavit).

still i did not get the cost

The opposite party trying to pay cost before the next hearing date.

Now i am asking doubt that

1)Do I ignore the cost which may come by money order or Cheque ?(because court date already over)and may i submit the proof(document) of the false reason and request to reconsider on our next hearing date.

2) If i do so, is it legal, May i proceed like that.

Kindly suggest me in this regard.

Thanks and Regards
gopal

SRINIVASU   17 January 2014 at 15:23

Client signature taken on revenue stamp on white paper

Dear All,

Please clarify me that is it required to get client's signature on revenue stamp on blank white paper to appeal in higher court? Is it fair practice?

Srinivas

raj kumar bunker   17 January 2014 at 15:22

Suprimecourt jugment

sir, one appeal submite in supreme court in 2013 against rajasthan high court DB jugment to 2008 recrument PTI grade iii . i known what is order in that appeal

Ratna Singh   17 January 2014 at 14:44

Rights once waived in ancestral property is to be regained.

Is there any provovision in law that rights once waived in ancestral property for a definite purpose can be regained? The facts are,that there are 4 legal heirs in an ancestral property.2 of them are well off and the rest of 2 needed to take loan by mortgaging the whole property. To facilitate the porpose the first 2 brothers waived their rights in the property by executing a registered document. All the four made an oral agreement for the purpose. Accordingly all the four are contributing for the installments of the loan to help the 2 brothers. When
the whole loan will be paid and the property will be free the first two brothers who have waived their rights will regain their rights over the property. These two brothers now fear that the sons of the other two brothers may object their regaining of their rights and make use of the registered document of waiver of rights. Can this agreement be made into written and registered? Is this type of agreement lawful? What is the provision in law that supports it?