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Forum Messages on 3-2-2012

1 - 20 of 253 in 13 pages
Replied in : Re:Hindu succession - is this possible?
Posted by : ABHIJEET PARIKH on 03 February 2012

Since she have given no objection certificate 

Objection should have been raised at that time of no objection certificate 

U be calm as property is in your name 



New Topic : Law careers
Posted by : meeravali shaik on 03 February 2012


Types of Legal Practice

The practice of law takes several forms. The ways in which lawyers apply their expertise can be broadly categorized into the following practice types:

  • Private Practice: involves working alone or with partners in a firm to provide legal services to clients (individuals or corporations); some lawyers specialize in one or more practice areas while others engage in general practice.

  • Public Interest Law: serves low-income individuals, marginalized groups and social causes; practitioners may work for advocacy groups, legal aid clinics and other organizations with the goal of advancing an interest of the public.

  • Government Counsel: governments hire lawyers for legal advice and representation; lawyers directly employed by the government may work for ministries, government agencies and crown corporations.

  • Corporate Counsel: corporations can employ lawyers as in-house counsel; an in-house counsel works for a single company to advise on legal matters related to its business activities.

Practice Areas (Specializations)

The law impacts our lives in numerous ways, so naturally the legal profession covers many fields and allows for a variety of law careers. There are many types of lawyers - some practice in all areas of the law, while others choose to specialize. Here are some areas of specialization in law:

  • Administrative: branch of public law dealing with the relationship between individuals and the government; regulates the power of governmental administrative agencies and ensures fair implementation and administration of laws.

  • Civil Litigation: involves a lawsuit resulting from a dispute between private parties (individuals or corporations); civil litigation is concerned with matters such as breach of contract, debt collection, malpractice and personal injury.

  • Constitutional: branch of public law dealing with powers of the federal government and the division of powers between the federal and provincial governments; constitutional lawyers handle issues such as equality rights, freedom of expression, security and democratic governance.

  • Corporate and Commercial: deals with the formation and maintenance of businesses; corporate and commercial lawyers handle contracts, liability, mergers, structured financings and other business matters.

  • Criminal: governs crimes against the public and members of the public (as opposed to civil litigation which deals with private disputes); a criminal lawyer may work for the government as a prosecutor or represent the accused person as a defense lawyer.

  • Environmental: legislation and regulations relating to the interaction of humans with the environment; environmental lawyers deal with matters such as air pollution, wilderness preservation and waste disposal.

  • Family: applies to legal relationships between family members; issues in family law include marriage contracts, divorce, child custody, adoption, wills and estate planning.

  • Immigration: federal laws control the entry of non-citizens into the country; immigration lawyers assist clients in applying for entry, residing in the country and becoming citizens.

  • Intellectual Property: intellectual property refers to the ownership rights to certain kinds of creative endeavors; intellectual property law protects ownership through copyrights, patents, trademarks and industrial design registrations.

  • International: governs the interactions and relationships between nations; international lawyers may be hired by national governments and international organizations, or work in the private sector focusing on the interpretation of treaties and related laws.

  • Labor and Employment: defines the rights and obligations of employers, workers and union members; lawyers may advise management, labor or government on issues such as employment standards, workplace health and safety, and industrial relations.

  • Real Estate: deals with the purchase, sale, financing and development of land and buildings; real estate lawyers may work for developers, tenants, investors, banks or corporations on matters relating to residential or commercial real estate.

  • Securities: regulates the purchase and sale of securities (financial instruments such as stocks and bonds); securities lawyers typically work in law firms providing services to corporations and financial institutions or for governmental commissions focusing on regulatory compliance.

  • Tax: deals with the taxes levied by different levels of government; tax lawyers may advise corporations on tax strategies and implications of business transactions, or counsel individuals on matters such as legal wills and estate planning.

  • Other Areas: in addition to the practice areas list above, there are many other fields of specialization in the legal profession (antitrust, entertainment, health, municipal, sports, etc.).

Replied in : Re:Mutual exchange
Posted by : ABHIJEET PARIKH on 03 February 2012

There r two ways one of them is through Gift Deed U can execute gift deed in favor of each other 

another way is Deed of Exchange here only one document needs to be executed .



Replied in : Re:Importance of showing schedule of payment in sale-deed
Posted by : ABHIJEET PARIKH on 03 February 2012

As per ur above query 

1) if the document is registered then it can stand in court of law but in absense of payment schedule u will and terms in case of any dispute between X n Y settlement will take place outside the court 

2&3) I am not clear Why third will like to challenge it. If it is wid regard to Z if the monies is paid tru cheque by Z den it can be proved otherwise its difficult 




Replied in : Re:Re Mutual divorce
Posted by : shalini Arora on 03 February 2012

sorry for the 3rd point. It is as below

3. The lawer will write a letter to all possible places like local police,  DIG...mentioning about our case and telling the gilr side may do teh fake FIR against dowry that should not be entertained. 

 I am sorry for asking about the lawyer fee. that question can be overlooked as this is not what my intention at this point.

New Topic : Admission to pgdadr program – 2012 @ icadr, nalsar universit
Posted by : meeravali shaik on 03 February 2012

The International Centre for Alternative Dispute Resolution (ICADR) and NALSAR University of Law, Hyderabad have invited applications for admission to Post Graduate Diploma in Alternative Dispute Resolution (Proximate Education) - PGDADR course for the Academic Year 2012. 


The eligibility for admission to the diploma courses is Graduation.

How to Apply: 

Application Form containing full details of the courses can be availed from the Secretary, ICADR, Regional Centre, 10th Floor, Gaganvihar Building, Opp. Gandhi Bhavan, M.J.Road, Hyderabad-500 001 by remitting Rs.250/- in cash or Bankers Cheque / Demand Draft in favour of ICADR payable at Hyderabad.

The application form can also be downloaded from: (link: ) 

Last Date for Submission of Application Forms: 20/02/2012 

Replied in : Re:Je khede teni jamin
Posted by : ABHIJEET PARIKH on 03 February 2012

Dat Farmer will not come ahead and give u the Land 

1st u tell me for how many yrs farmer is in posession of land

Replied in : Re:Jurisdiction
Posted by : sameer shaikh on 03 February 2012
Replied in : Re:Maintenance charges for combination flats
Posted by : ABHIJEET PARIKH on 03 February 2012

Dear Tony 

Just because 2 agreements r registered for 3 bhk owner it would be improper to charge double maintainence from the flat owner u can specifically oppose this fact in general meeting 

and the Laws based on discrimination and logic the process of charging same maintainence from the members irrespective of their area of usage was flawed one at that small unit should have opposed it 

so therefore todays double for 3 bhk is also flawed one 

Even though 2 agreement r executed but on share certificate it is shown as single unit charging double maintainence is quite absurd 

It is advisable for u to hire a good lawyer the approach of society is not right



Replied in : Re:498a missiles deployed to be launched anytime by wife and il
Posted by : Ranee....... on 03 February 2012

I agree with Anonnimous

New Topic : Liquidated damages clause in appointment letter
Posted by : Manoj Verma on 03 February 2012

Dear All,

  I am a novice in legal matters and am facing this strange situation and need your expert opinion/advise.

I signed and accepted an appointment letter and decided later not to join the organization. Now this letter has a penalty clause which says that if i fail or refuse to commence my employment with this organization then I will have to pay Rs. 40,000 as liquidated damages.

  Please suggest which is the valadity of such clause and what legal a/c this company can take against me and what all legal options I have at my disposal so that I don't pay this huge amount.

Exatract of the contract:

  Upon acceptance of this offer, should you fail or refuse to commence the performance of duties under this Employment Agreement on the Effective Date of this Agreement, you shall pay to the company, an amount of Rs. 40,000 as liquidated damanges, which is agreed and understood to be a fair pre-estimate of the damages suffered by the company on account of such action.

Notwithstanding the above, the company retains the right to a file a claim for damages or take appropriate action in relation to any breach of the obligations by you under this Agreement.




Replied in : Re:Bank guarantee issue
Posted by : Kumar Doab on 03 February 2012

Please read as

"It is not recommendable to be employed with employers who want such iron fist control on employees."


Valuable advice of learned experts and members is sought.

Replied in : Re:Bank guarantee issue
Posted by : Kumar Doab on 03 February 2012

It shall be appropriate to visit a competent and experienced service lawyer and show the agreement in person.

Have you received any appointment letter? If you have not received any appointment letter but have been drawing salary, the employer can allege that you had accepted appointment without any order.

Has the company circulated any employee rule book, standing orders? You can obtain the from HR page of the company intranet or concerned HR personnel. Standing orders are displayed at the gate.

You may show all documents to your lawyer and proceed as per the expert advice and strategy drawn by your lawyer. You may be in a position to wriggle out of the situation but it is felt that you are with a smart and shroud employer there may be legal traps and thus protracted litigation, if you move on your own. If you end up loosing money pledged by you what is your gain. You shall end up paying salary to employer and serving him.

It is always better to consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing such agreements.  It is recommendable to be employed with employers who want such iron fist control on employees.


Replied in : Re:Is there a need for second fir ?
Posted by : Pawan Kumar on 03 February 2012

For a same cause of action second FIR is not permissible in law and if filed, that would be illegal......... Law is well settled since the times of "T.T. Antony"

Replied in : Re:Revocation of suspension
Posted by : Sushil Kumar on 03 February 2012

Is a central govt. employee is eligible to get transfer benifit on the revocation of suspension and posted at the place other than the place where he was suspended?


please clarifiy the rule position.

Replied in : Re:How to apologize
Posted by : S C KHOSLA on 03 February 2012

An apology can make or brake the relationships. When done wrongly, it can be terrible or devastating. When offered correctly, it can blossom new relationships.

Replied in : Re:Maintenance charges for combination flats
Posted by : Tony David on 03 February 2012

Dear Mr.Chaitanya,

Thank you for your reply. But can you tell me under which Act or Bye laws is ths applicable. Moreover, what is the defination of  "Unit" ? Is it defined anywhere in the MOFA or in the bye laws. Please advice.

New Topic : Hindu succession - is this possible?
Posted by : Mrs . Shanta Rani on 03 February 2012

Is this possible?

We are 2 sisters. While I stay in India, my sister stays in USA.

My father owned 2 properties. One of which was acquired by him through his own resources (property A) and another one was inherited by him- Property B (originally owned and built by my grandfather).

During my father’s lifetime, my mother also passed away and I was looking after his health till his death.

Subsequent to our father’s death, as per his written “WILL”, Property A went to my sister and Property B came to me. Accordingly, my sister got her share (Property A) transferred in her name and gave me a No objection certificate for transfer of Property B in my name. The No objection certificate was attested by the consulate in USA. As on today, the mutation of the Property A is in her name and Leasehold Property B, in the books of records in L&DO and MCD, is in my name.

 Having sold her Property A, my sister now wants a share from Property B also. She claims that since this is an Ancestral property, our father could not “Will” Property B exclusively to me and as per Hindu Succession Act, it needs to be divided between both of us.

My questions:

Is her claim valid?

Is she entitled to a share in Property B even after giving a NO Objection, based on which the substitution of the property was done in my name?

What are the safeguards to be taken by me?

How do I handle this situation?

Replied in : Re:Re Mutual divorce
Posted by : shalini Arora on 03 February 2012

thanks Vikram, things are getting clear to me. My father and borther went to the lawyer today and he has asked us to do the three important things


1. File the petition for divorce

2. child custudy/stay ( they have six year old son who is with my brother)

3.  anticipatory bail

the laywer is asking 75,000 rs for all these three things. Is that the rate in delhi? He is ready to negotiate and can have 50,000 as this lawyer is through one of our close relative.


Thanks in advance for every one who is replying me and encourging to follow the path of truth...


Replied in : Re:Time for dismissal of 498a
Posted by : Pawan Kumar on 03 February 2012

under section 256 Cr.P.C


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