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

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KUMAR KUNDAN DAS   20 July 2012 at 23:51

Age correcion in matriculation

I am working in a PSU. My age in matriculation admit card is 05/01/1972 in lieu of actual DOB 05/10/1972. I approached to West Bengal Madhya Siksha Parisad for necessary rectification with my Birth Certificate issued by Municipality and Hospital Discharge Certificate at my birth, which is iirefutable evidence. The dealing assistant advised me that in accordance with a recent judgement over Govt. of T.N. and some Venugoapl Rao, the supreme Court is of a view that a Govt/PSU servant would only be allowed for age rectification/correction within 5 years of his/her joining in service.

Now my query is whether a person like me who spend 14 years in service and remained 10 years from joining the service out of my state is barred to correct his date of birth in matriculation as I could not able to initiate the action or is there any one time opportunity for rectification of age who could not do it till now under an impression that they can approach for it at any time? Is ther no way out for rectification? How one could be held scapegoat for mistake commited by other? How can I have a copy of the judgement?

Anita Singh   20 July 2012 at 21:10

498 a








dear expert

mt client wife sent a letter on her advocate letterhead to the police station that she will charge him 498A , 504, 506, of I.P.C if my client will not take her to his company police officer phoned my client that with in 2 days if he will not take her then he will file F.I.R against him and arrest him now my client is reday to take his wife he will go to police station and setteled his marriage

pls let me know what police will do either they will take my statement or take bond from my client and what will be my role of advocate in police station

and also my client wants to setteld his marriage in my office then what documnet i have to prepare and that document should be on stamp paper or on ledger paper

Santosh S. Avhad   20 July 2012 at 20:37

Jurisdiction for challeging the arbitriation award

Sir,
The applicant has filed arbitration application along with statement of claim against the financial company as per the byelaws of the Depository namely Central Depository services (India) Ltd. (CDSL)at mumbai after completing the necessary formalities of appointment of arbitrator with the consent of the parties at mumbai. The arbitration award goes against the applicant. Now, he filed the arbitration petition before the district judge pune at pune under section 34 of Arbitration and Conciliation Act, 1996 with prayer that the set aside the impunged order.

Pls inform/advice for the jurisdiction point for filing the objection. whether it is proper jurisdiction or not. it is correct then under what provision or not then also under what provision. pls submit any authority or judgement.

Anita Singh   20 July 2012 at 13:25

Documents

Dear expert,
there is slum property and mother has already been expired and father also expire recently and total 3 brother and 2 sister,sisters are already married and well settled with their husband and they dont want any share in the propety and one brother is currently residing in the same property and rest of the 2 brother is saying that they will give 3 lakh to the brother Rs 50 thousand now and 2.50 lakh in novmber to the brother who is currently living in the same property to Relinquish his share in the same proerty and he become ready to give up his share after receiving 3 lakh from the two brother

so pls let me know what document i can make for the above

Member (Account Deleted)   20 July 2012 at 12:39

Perpetual lease

Whether the lessee can mortgage the leased property in favour of bank or financial institution?
please do refer the case laws..

vishal kumar   20 July 2012 at 00:56

Sarfaesi / bank guarantee

a bank guarantee of Rs 8 lakhs was issued by the bank on 01.11.1993 against equitable mortgage of landed property of the guarantor. BG was invocked on 17.10.1994.Rs 2 lakh was paid by the bank to the beneficiary on 08.11.1995 from FDR of borrower. In between there was injunction against the balance payment of Rs 6 lakhs by civil court. Injunction was vacated on 09.04.2001 by hig court . Balance amount was paid by the bank to the beneficiary on 18.05.2001. Demand notice was issued by the Bank to the borrowers and guarantor and mortgagor on 25.06.2001. Sarfasi notice u/s 13(2) was issued by bank on 21.01.2012 and now going for sale of mortgaged property at very low price after taking possession. Objection was given by mortgagor after issuance of demand notice. My query is whether bank has right to proceed under sarfaesi act when the mortgage was created on 01.11.1993? When does limitation starts, from the date of invocation of BG or from the date of making of balance payment by bank or from the date of issuance of demand notice or from the date of mortgage? Mortgagor / Guarantor has filed appeal to quash the sarfaesi proceedings on the proceedings barred by limitation. what are the chances of success? what is the remedy if DRT dismisses SA? How to stop auction sale when the outstanding dues are disputed by borrower as the beneficiary of bg was not entitled to the invocked amount? Kindly reply.

Prasad Yadav   19 July 2012 at 19:40

Using others food license

Hello, I wish to know expert thoughts on following.

One of my friends is planning to open a small cafe (hotel) in rented premises. The owner used to run hotel in this premise and has a valid food license. He (friend) has registered his café at the same address, my question is, is he allowed to use owners food license? Is there any way using owners food license without legal consequences? If he plans to apply for own food license how much time it will take and the cost?

Please guide me.

Thanks in advance.

Abdul Latif   19 July 2012 at 18:21

Trade license under 394 of mmc act

One of my friend have permit room License u/s. 394 of Mumbai Municipal Commission Act for his restaurant in Mumbai so alcohol is being served served in his restaurant.

But he receive the notice from BMC alleging for violation of section 394 of MMC Act. He met with department and the officer is saying that Permit Licese is for serving the alcohol in restaurant but trade license is also required for selling the alcohol in restaurant itself even though the alcohol is sold at the restaurant for consumption in restaurant only. The alcohol is never sold for consumption outside the restaurant.

Does he also require trade license under section 394 of MMC Act. Please guide me.

Kamakshi.G   19 July 2012 at 15:48

Legal status of pardanishin women

I want to know how far contracts entered with/by pardanishin women is valid? Whether Pardanishin Women will be given business loans in banks? Please need answer urgently and thanks in advance.

JAIME   18 July 2012 at 23:59

Validity of intimation via email in court.

Sir,
Is intimation via email to a service provider valid to show court that settlement of bills pending since some time was sought by his client by requesting the service provider to produce all pending bills by intimation through email rather than vis registered post.