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Ananda   12 September 2024 at 00:25

Suit for declaration/benami

Sirs,
If a Person purchases a property in his name and after few years Person GIFTS (REGISTERED) to his Parent for some reasons.
Later after few years if that Parent expires, can the Person file suit for declaration under benami? As per my understanding benami is when your fund the purchase under a different name. In this case it is claiming a gifted property after demise.
There are other legal heirs.
thanks
A

irfan   11 September 2024 at 11:15

Loan payment deferment

Dear Sir/Madam,

I hope this message finds you well. I resigned from my job due to a dispute over leave taken for health reasons, and I have been searching for a new job for the past two months. Unfortunately, I have not secured any employment yet and I am currently serving my last month with the company.

I have a car loan with the bank and a good credit record. However, as I will not be receiving a salary this month, I am concerned that this may negatively affect my credit score and result in recovery agents contacting me.

I would like to inquire if there is any provision to request the bank to defer my loan payments for three months. Once I secure a new job, I will be able to resume my EMI payments.
I would greatly appreciate your swift response and suggestions in this matter.

Thanks and Regards
Irfan Mulla

Anonymous   05 September 2024 at 19:58

Peaceful protest

Sunil Roy, a 22-year-old university student from Kolkata, participated in a peaceful protest for better environmental protection. The protest was non-violent, but Sunil was arrested and charged with sedition under the old laws, which accused him of trying to incite unrest. Sunil was surprised by the charges, as he believed he was just exercising his right to protest peacefully. Sunil’s trial has been going on for some time, causing him to miss classes and exams. His professors and friends support him, saying he’s committed to peaceful activism. However, the prosecution claims that the protest was meant to disrupt public order, justifying the sedition charges. Sunil’s legal team is now asking for the charges to be dropped under the new BSA rules, arguing that he was peacefully protesting and didn’t do anything wrong. Additionally, under the Bhartiya Nyaya Samithi (BNSS), minor offenses like Sunil’s should be resolved within six months to avoid longterm harm to individuals charged with nonviolent acts.

Anonymous   05 September 2024 at 19:50

Land rights

Priya Mehta, a 38-year-old real estate developer from Mumbai, has been in the business for over 15 years. A few years ago, she was accused of illegally taking over government land and selling it to private buyers for a big profit. The land was supposed to be used for a public housing project, but Priya’s company allegedly falsified documents to make it seem privately owned. As a result, the government filed a case against her under old laws, accusing her of land grabbing and fraud. Priya denies the accusations, saying she bought the land legally and that the issue is due to poor government records. Since the case began, her business has suffered, and she’s lost investors due to the negative publicity. The prosecution argues that Priya’s actions were serious, as the land was meant for public use. Can Priya’s case be reclassified under the new Bhartiya Nyaya Sanhita (BNS) and resolved through a BNSS mediation process? The prosecution insists she should be punished under the old laws, without the benefits of mediation. Should Priya be allowed to settle her case through mediation, or should she face the full force of the traditional trial process?

Anonymous   05 September 2024 at 18:49

Fraud

(my brother-in-law) Anil Kumar, a 30-year-old accountant, has worked at a construction company in Dehradun for seven years. He is the main provider for his family, which includes his wife, two children, and his elderly parents. Recently, Anil was accused of stealing money from his employer by transferring small amounts over time. The company claims he embezzled a large sum of money over two years, leading to his arrest. Anil says it was a mistake in the accounting software and denies the allegations. Anil was denied bail because, under the old laws, his crime was considered non-bailable. Since his arrest, his family has struggled financially, and his reputation in the community has suffered. Anil has no previous records and he is the sole bread earner of the family. How does the new law impact Anil’s bail application? Can his lawyer convince the judge to release him under the new guidelines, given his nonviolent nature and family responsibilities? What factors must the court consider before deciding on bail under the BSA?

Anonymous   05 September 2024 at 18:24

Defamation

Meena Sharma is a well-known editor in a monthly magazine from Delhi who built her reputation by investigating corruption. A few years ago, she wrote a series of articles accusing a politician, of misusing public funds for his personal benefit. Meena’s reports stirred up controversy, with many people discussing the corruption claims she made. But the politician denied all the accusations and filed a defamation lawsuit against Meena, claiming that her articles were false and damaging to his reputation. This lawsuit has been dragging on for three years, with no solution in sight because the courts are overloaded and keep delaying the hearings. Meena’s career has suffered during this time. Some people question her credibility, and it’s been hard for her to get work as an editor because of the ongoing case. And the legal team of the politician is demanding a large sum of money from Meena, claiming her articles damaged his political career. Meena’s legal team argues that her case should be transferred to the BNSS’s fasttrack courts, so the matter can be resolved quickly. The politician’s lawyers, however, believe that the defamation case should proceed as per the usual court timeline. What can be done?

Anonymous   05 September 2024 at 16:53

Land dispute

My name is Sunita Sharma, and I'm a 40-year-old homemaker from a small village. In our village, standing up for what's right is important, but many of us don’t know much about our legal rights. We face issues like domestic violence, land disputes, and people being denied what they deserve, but we’re often lost when it comes to finding help. I remember when I was denied my share of inherited property; I didn’t know where to turn or what to do. I’ve seen this happen to so many people in our community, and it’s heartbreaking because we just don’t have the knowledge or resources to fight back. I’m also wondering if the BNS will organize workshops or camps in our village, where legal experts can come and talk to us directly, answer our questions, and guide us on what to do. It would be great if they could send mobile vans with legal resources to our village, so we don’t have to travel far to get help. Will the BNS work with local NGOs and community leaders to make sure everyone gets the information they need?

Arun prakash   03 September 2024 at 18:12

Education loan

I took education loanin IOB in 2012. Now my loan sold to Reliance ARC. Now they threatening like legal action will be taken against me. So is there any rights to take legal action. Bank not informed us my loan will sold to ARC. What they can able to do actually, why I'm asking is to negotiate the loan to repay. That's why.

Anonymous   03 September 2024 at 15:43

Consequences of Notification Errors in Breach of Contract Cases

1. Mr. Arun Mehta, a well-known solicitor, was representing Mrs. Anjali Desai in a complex property dispute. During the course of the legal proceedings, Mr. Mehta was approached by the opposing party, Mr. Rajesh Singh, who offered him a significant sum of money to share confidential information about Mrs. Desai's case. Mr. Mehta refused the offer and informed Mrs. Desai about the attempted bribery. However, despite his refusal, Mr. Singh publicly accused Mr. Mehta of accepting the bribe and leaking sensitive details of the case, damaging Mr. Mehta's reputation.
Mr. Mehta decided to sue Mr. Singh for defamation. Meanwhile, Mrs. Desai, worried about the integrity of her case, decided to terminate Mr. Mehta's services and hire a new solicitor, citing concerns over the potential conflict of interest. In this case what are the legal implications of Mr. Mehta's decision to sue for defamation. What are the necessary elements he must prove to establish a successful defamation claim? Could Mr. Mehta have any legal recourse against Mrs. Desai for wrongful termination of their contract, considering the circumstances?

Vasudevan   03 September 2024 at 13:18

Filing of service of counter affidavit before the high court

Respected Learned Experts, My department has filed a Writ Petition before the Madras High Court challenging the order passed by the Central Administrative Tribunal, Chennai Bench favouring me. I am appearing as Party In-person. I had filed the counter statement before the court and also served a copy by post to the department's advocate also. How can I file the copy of acknowledgment card for service of counter statement to the Advocate before the High Court. Whether it should in the form of Miscellaneous Petition or ZMiscellaneous Application or Memo of service or Affidavit of service. If any standard format is available, the same may please be shared. Thank you very much to one and all in the Forum, in anticipation.