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

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Dinesh Salaria   09 May 2012 at 13:56

Cheque bounce

Dear Sirs
I gave a friendly loan to my someone in December 2010 and he gave me cheques for March 11 but he requested not to cash them and he will return the money but when cheques are about to epire(6 months) I got them into the bank for payment but they dis-honoured I again took matter with him and he said he will return back my money but till now he is not returning anything .
could you please guide me what actions i can take against him.
thanks
Dinesh Salaria

Member (Account Deleted)   09 May 2012 at 12:17

Plz suggest me very soon

I'm Alok Gupta. I completed Post Graduate in Master of Commerce from Agra university, present time I'm pursuing Executive-Master of Business Administration from IIBM Delhi.
My hobbies Reading books, solving problem, study cases, I study everyday Law books, like IPC, Crpc, Evidence act, Labour law, Bonus act, Factory act, Torture act, Human Rights, abd much more day wise day .

Now I want to LLB course from distance or any university but my Graduate marks only 40% and in Intermidiate 47%, Am I eligible for LLB course any institute or university ?

Please advice as soon as possible on +91-999-772-3260 or alok26689@gmail.com or https://www.facebook.com/alok26689/info

I would very appriciate if some body suggest me about it .

ALOK GUPTA
+91-999-772-3260
alok26689@gmail.com
AGRA

https://www.facebook.com/alok26689/info

Rajesh Tandon   08 May 2012 at 21:06

State consumer forum

I am an army officer approaching you for a legal advice. My wife had filed a consumer court case against yo bike i.e Electrotherm India. The case dragged on for quite some time but finally the decision was in our favour. However, we were not happy at all with the decision given by district forum at Jabalpur (M.P)since the district forum gave the decision to the company for recycling of the batteries which is hardly of any value since the batteries are of Chinese origin. There is an overall manufacturing defect in every part of the yo bike and we wanted that the full value of the yo bike i.e Rs 40,000/- being returned to us along with the compensation for harassment. Since we were not happy with the decision, we moved the state consumer Forum at Bhopal through a different lawyer. It appears as if the lawyer has not been taking any interest. I am posted at Lucknow and it is not possible for me to go and defend the case by myself every now and then and how long you can keep changing the lawyer. However in addition to this what I have noticed this that once the case has been listed, every time a fresh date has been given as what one can see from the website. We do not know what is happening. I don't even know as to what was the details of the case which was filed. So kindly suggest me what are the stages of trial at the state consumer Forum on the lines of stages of trial at the state consumer Forum (Notice, written statement, evidence, argument and decision.). I want to file an RTI with the state consumer Forum asking us to what all has happened till date in my case, asking them as to if the opposite party has appeared before the Forum or has filed its version. If not, then why the decision cannot be made ex-parte. Kindly suggest the effective, viable questionnaire for RTI in this subject matter and how the case can be speeded up. Ideally the cases are required to be decided within 90 days. The case is held up since May 2011. Also please suggest if there are any mechanism for complaint against the state consumer Forum for unnecessary delaying the case i.e putting dates after dates.

varinder   08 May 2012 at 19:06

Regarding arbitator.

i had taken frindly loan from my friend for Rs 1,00,000/- but i could not pay the said loan amount in time the said friend had filed a case against me under the arbitator act as i have written and given in the stamp paper than incase if any dispute rise shall be decided by the said arbitator which is binding on the both the parties. as the arbitator had passed award against me know let me know what to do please help me .

varinder   08 May 2012 at 19:04

Regarding arbitator.

i had taken frindly loan from my friend for Rs 1,00,000/- but i could not pay the said loan amount in time the said friend had filed a case against me under the arbitator act as i have written and given in the stamp paper than incase if any dispute rise shall be decided by the said arbitator which is binding on the both the parties. as the arbitator had passed award against me know let me know what to do please help me .

Vishal K Singh VY   08 May 2012 at 19:03

Customs / revenue refunds

Greetings of the day, First of all I shall congratulate you all for doing such a noble work of helping the community which is highly commendable.

I am an avid reader of the posts from a long time, these posts are highly informative in nature.

Today I'm here today to ask a question related to the problem faced by a friend of mine who did not have access to the internet or rather I can say; not well versed with computers.

My friend is in the export - import business and been exporting chrome since 2007. In the year 2009 he has exported goods which were brought through various parts of India through a unit in DTA.

Custom department charged Duty from the DTA unit which is eventually passed on to his SEZ Unit because the DTA unit added up the amount paid as duty to the price of the products,

He paid the duty but later asked for refund of the duty which was levied wrongly due to the mis-interpretation of the term 'Export', customs department never paid any heed to his request and thus aggrieved he filed a case in the High Court against custom department in the same year (2009).

After the due course of time and proceedings the Honourable Court ruled the judgement in his favour in July, 2010 in a very clear manner and in the simplest possible language. The High Court ruling said (excerpts):

“The writ application thus succeeds. The respondent authorities are restrained from imposing custom duty on procurement of raw materials to the unit of the petitioners from any other part of India. The petitioner shall be entitled to refund of custom duty, if any, paid for procurement of raw materials to its unit.”

And it is also advised by the honourable court that:-

“Urgent certified Photostat copy of this order, if applied for, be supplied to the parties subjected to compliance of all requisite formalities."

Since then my friend is running from pillar to post to get refund back but he has not succeeded through his efforts until now.

The refund amount was more than 2.5 Cr.

He does now wish to expedite the process and requested to take a opinion from a qualified industry expert, because somehow he believes that his current lawyer is highly inefficient.

He want to know; now; that:
1) What is the correct procedure to demand refund ?
2) Is there any sort of interest which Custom Department is bound to pay after such long time, if yes, upto what extent ?
3) Can he claim a Compensation from the department for such delay and because this delay and financial loss caused his company to cease operations within few months since the day this duty has been levied ?
4) Is it appropriate to go thru the Public Greivance Redressal System to seek speedy recovery from the department because is has a turn-around-time system and initial cost is zero; which makes this option much suited for him because he is facing accuse shortage of liquidity as a consequence for ceasing operations ?
5) All other valuable insights which he has to keep in mind

Until now he has filed request with all addendums & annexures to the department but no money has been retrieved so far.

If you people can help or at-least guide him, we would be great full to you.

Thanks and Regards,
VKS

Anamika   08 May 2012 at 18:14

Derivative suit - format

Hi All,

We want to file a derivative suit upon a Company as we are the shareholders of the same. We were the directors however they removed us U/s 284 of the Companies Act.

We want to file a suit upon the Company in the capacity of the shareholder.

Is Derivative suit the correct type of suit to be filed ????


If yes can I know the detailed procedure of such a type of suit ????


Can anyone please send me a format of the same ????

Thanx in advance.

Regards,
Anamika.

narinder_6in   08 May 2012 at 14:37

Format of affidavit and application for name addition in birth certificate

Can someone please provide me with the format of application and affidavit for addition of name in the Birth Certificate of my wife to be given to the Municipal Corporation of Delhi

Thanks

Y.K. Gupta   08 May 2012 at 12:51

Applicability of provisions of india trust act, 1882

A public limited company has set up an Employees Welfare/Benefit Trust having registered office in Delhi for the benefits of its employees and their families and is also registered with the Sub-Registrar, Delhi

My query is whether the said Trust be governed by the provisions of India Trust Act, 1882 and the Indemnity Clause of the said Act shall apply to the Trustee ?

Regards,

Y.K. Gupta

Hema Kishnani   08 May 2012 at 12:25

Housing sociiety issue

Sir
I live in a multistorey apartment in surat.i am a teacher n I take private tuition at my place with only a small group of 6 children all below 12 years of age.In the whole of our area ours is the only building where taking tuitions is not allowed as it is considered a commercial activity.I cannot move out to teach nor can i afford a commercial place to teach such a small group.I need your help as to is it actually not permitted to take tuitions as per the society norms?