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

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Gopan   30 November 2013 at 14:15

Is false impotency allegation in divorce petition amounts to defamation?

Wife filed for divorce on ground of alleged impotency of husband. Husband filed application in court for potency test by medical board, and got medical report in his favour.
Now, can husband file criminal/civil defamation suit against wife submitting the details of FC proceedings as evidence?
I want to know, whether the impotency allegation in divorce petition is enough to file defamation?

Bhuvan   30 November 2013 at 14:10

Vakalatnama

Hello Experts,

I have a case pending in District Court for which i have signed the vakalatnama and i got interim order. i want to take stay on the same in High court but as party in person, as my lawyer is asking fees much greater than what he is taking in District court (I am not saying that my lawyer is doing wrong. fees is out of my limits)

My question is:
Can the vakalatnama signed by me in district court cause problem for party as person in High court?

Gopan   30 November 2013 at 14:09

Is false impotency allegation in divorce petition amounts to defamation?

Wife filed for divorce on ground of alleged impotency of husband. Husband filed application in court for potency test by medical board, and got medical report in his favour.
Now, can husband file criminal/civil defamation suit against wife submitting the details of FC proceedings as evidence?
I want to know, whether the impotency allegation in divorce petition is enough to file defamation?

abhi   30 November 2013 at 13:35

Re-sale of shop

one of my client sold his shop to his cousin in 2001.the buyer paid 50 % money by cash at the time of sale deed and promise to pay the remaining money after 1 year(however in sale deed they mention that full and final payment is received).later on the buyer not able to pay the money.the seller gave the property on rent since 2001 to another person(seller collect the rent still).the original registered sale deed is with seller (which registered in 2012)In municiple tax bill,electricity bill still seller's name.now my client want to sell the property to another person.please advise what he shold do.

Vick   30 November 2013 at 13:13

138 of n.i act.

dear Sirs ,

if my vendor's lawyer issues a legal notice u/s 138 of the N.I act against a cheque for which Stop payment has been done 2 months back and an Email sent to my client already for the sme matter.

Worst , when a legal notice was served from my side to my vndor asking them to return advance and th PDC cheqes , the vndor got the chequespresented.

bank returned cheque reasoing "Stop Payment".

and , the Kind lawyer of my vendor issued me a notice u/s 138 , "insufficient funds".

what can be done with his lawyer.

abhishek   30 November 2013 at 13:07

Law practice

sir,
i abhishek i pursuing llb last yr .i wnt to do llm . and i interested in corporate law practice. but im a bussiness man i hv minral water fctory propritrship my own name.
plz hep me

Suresh Babu Rai   30 November 2013 at 13:00

Lodging a false complaint by suppressing the facts...

One X has lodged a false complaint against my client with SP of Police. The said SP forwarded the same to his subordinate for want of action. When the subordinate has called my client to the PS, my client has narrated entire episode along with documentary evidence. The complainant found fault with the subordinate of the SP for lodging a false complaint against my client on the basis of false allegations.
Whether filing of a false complaint (FIR not registered but entered in to General Dairy as it is forwarded through the superior) is a crime under IPC, if so what is the provision. The Police have advised my client to move a private complaint for the offences under Sec.420 of IPC and also for lodging a false complaint suppressing the real facts.

Suresh Babu Rai   30 November 2013 at 12:48

False infrormation/complaint to the police...

A person has lodged a complaint against my client on the basis of false allegations with the Superintent of Police, the said SP has endorses the same to his subordinate for want of action. The suboridnate of SP has called my cliet to the PS. My client approacnhed the PS and narrated the entire episode to them along with documentary evidence. It is revealed that the complaint is found false and baseless.
Whether I can move a private complaint for the offence under section 420 for cheating my client and also for lodging a false complaint with the Police.
(Whether it is offence under IPC that lodging a false complaint with the Police with false allegations).

Anil Kumar   30 November 2013 at 12:19

Illegal construction on my commercial plot

Dear Sir,
First of all Thanks to all of you who adviced me. I never thought I'll so many response so quick. Hats off guys.
Going forward I have few more question. It arises after looking at your replies.
Questions are numbered 1-5.

I just want to give you little detail of what happened so you may guide me better. I have a commercial plot in city authority in UP. There are 6 plots in that row. One of the corner plot belongs to someone. Since he have corner plot ho got little extra land. Together with his corner plot he bought one more plot adjuscent to it and made a godown on it and it is occupied already. Until recently I though that he had only one plot with bigger land due to being corner plot. My plot is in between. Now one of my nebhour build his godown on my plot because he was told by authority to do so. Authority did mistake in measuring the plot. They consider corner plot as one plot when actually it is two plot building. Now me and who build godown on my plot are the real sufferers. His plot is empty. In this case what should I do and what should he do who made his godown on my plot. Can I file to case against the person who constructed godown on my plot and if I can that what will I get? Other guy who made the godown can file case against authority who actually made the mistake in measuring the plots. Why authority never checked during construction. Can authority get away with this kind of mistake which causing mental havoc on two of commercial plot owners.

1)Do I have to ask authority to measure my plot because so far I never contacted authority about this issue or should I go ahead and file the case? I am not sure if authority even aware about this mistake.
2) Can I ask court to lock this building immediately as it is constructed on my plot or should I ask for rent?
3) If I go to court, any idea how long will it take and how much will it cost me until decision comes?
4) From any point of view do you see it can back fire me, if so please advice.
5) If any compensation, what should I ask from court like rent, mental harrasement, my traveling cost (flight ticket because I am working in another city), My leave loss at work place, legal processing expanses etc, etc.
Thanking you all in advance for your time and guidance.

gopesh singh   30 November 2013 at 11:06

Capital gains

Respected Sir

1.I had booked a plot on june 2010 for a sum consideration of rs 58lacs(rs 48 lacs plot price+rs 10 lacs car parkings charges,maintenance etc) for which i paid 20 lacs rs as booking amount.I made the rest of the payment in june 2012 along with penalty of rs 2 lacs of which 15 lacs rs was sourced through selling of jewellery.

2.Now i am offered possession of the plot.I am planning to sell the plot for a sum consideration of rs 80lacs and investing in another property.

3.Kindly tell what kind of tax liabilty would i incur.