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meenu katuria   28 March 2010 at 21:28

patent law

sir i wanted 2 no if sum1 sales a fake goods of branded international brand and his goods were sealed by High court of delhi notice goods worth rs. 250000/- approximately is seized now wat action can b taken to the accused is he can b jailed or only fine if only fine then how much it could be

Anonymous   28 March 2010 at 14:51

CAN A TRUST BE AMALGAMATED WITH REGISTERED SOCIETY

Dear Sir,
I have few clarifications
1. Can a Trust be amalgamated with a Registered Charitable Society. if so the what has to be done?

2. We have a trust and there is a sole trustee. Now we want to have more trustees in the trust. Can we do that. If so then how.
3. Can a trust deed be amended?

Thanks

Parthasarathi Loganathan   28 March 2010 at 08:55

Experts forum

Though LCI has crossed its membership in excess of 60K I find only few experts amongst the top 100 listed in the Hall of Fame are actively involved in the forum offering expert opinion on various legal issues. Is it attributed to paucity of Tech-Savvy Lawyers in the country? OR our Learned Friends are occupied busily in the profession.

It is my humble opinion, that one cannot find a better forum than LCI to improve professional knowledge. In fact there is literally no participation by experts who are ranked beyond 100. LCI must introspect the reasons for the same and involve all expertise and exercise of professional skills of the best lawyers in the country. This would improve the spirit and high standards set by LCI. Experts please involve yourself actively in any debate or query posted

Anonymous   27 March 2010 at 22:23

protection against dowry law

dear sir/ mam,
actually I m getting threats from my father in law to be arrested under dowry law if I do not keep my parrents away from me and he wants to keep me and my wife in his neighbouring and for this he abused me and my parrents a lot.....
More over my wife is favouring my father in law for the same. and before marriage I gave few lacs to my father in law for buying a flat for me but so far I did not get any reciept for the same while some money was paid even by cheque to the property dealer and the dealer is the friend of my father in law. I have the possession for the same property but there is no legal proof ownership of that property.
note :- my wife is with her parrents from last 3 months and the first abusing incident coz of this property was occured two months back from that day he is not sending my wife back to my home while my wife is an earner and she is pregnent.
what should I do ? Pls help me out.....
pls suggest me as soon as possible.....

MR. JOAQUIM SAVIO GRACIAS   27 March 2010 at 12:26

TRUST TO SOCIETY

Dear Sir,

I have three questions
1. If there is a trust, can this trust be registered under societies registration act 1860 as a society? if so then how.

2. If a trust has a sole trustee, can he appoint more trustees.

3. If the trust deed needs amendments, how to do that. I mean what is the process.

This trust is in Gujarat.

thanks
Joaquim Gracias

vinod bansal   26 March 2010 at 20:55

Motor vehicle challan by District Transport Officer

R/Members
District Transport officer challaned the bus of my friend while he was using the same for transporation of passengers on a route for which he was not having any required licence from state govt..Now DTO has assessesed a sum of Rs. 30,000/- as penalty but my client is not satisfied with this assessment,he want to get release his bus on supardari which is impounded by DTO.From which court he can release bus on supardari,further where he can dispose this challan except DTO.Can he request before illaqa magistrate/Chief Judicial magistrate for supardari and disposal of the challan.kindly enlighten me with relevent provision. Thanks

Anonymous   26 March 2010 at 16:32

Citations require

2001 (3) PLR 61 (D)

2006) CCR 187 (Ker.)

2007(1) Criminal Court Cases 1060 (Kerala)

(2006) CCR 187 (Ker.)
Negotiable Instruments Act, 1881 — Sections 138, 141 — Dishonour of Cheque — Offence committed by juristic person — Relevant factors to be established — In case of juristic person also, it must be established cheque in respect of which offence under Section 138 of Act committed is drawn by such juristic person — No allegation in complaint that petitioner was in charge of and responsible for conduct of business of society at time of commission of offence — Neither 1st accused-society nor petitioner as Secretary of Society can be proceeded against for offence under Section 138 of Act — Trial Court acted in haste by proceeding against petitioner — Proceedings against petitioner quashed.

Negotiable Instruments Act, 1881, Sections 138, 141 - Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for offence u/s 138 only if at the time the offence was committed he was in charge of and responsible to the company for the conduct of business of the company.
2007(1) Criminal Court Cases 1060 (Kerala)

Dushyant Pandya   26 March 2010 at 08:12

Validity of non-judicial Stamp Paper

Respected Experts,

Recently I have referred following judgment passed by SC;

AIR 2008 SC 1541

According to above Judgement dated 19-02-2008 in the case of Thiruvengada Pillai vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC judgement is reproduced herein below:

“The Indian Stamp Act, 1899, nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document."


Please advice.

queryking   26 March 2010 at 06:18

domestic voilence

Can wife file petition directly to the Magistrate under DV Act, I heard that there is judgment of High court of karnataka which says wife cannot file petition directly to the magistrate it should be through the protection officer, how far it is correct? is there any apex court judgment on this point?

Chetan   25 March 2010 at 22:35

Explaination

Whether the clay (matti) is used for the purpose of making bricks can file within the terms of minerals ....


Pls provide urgently

thanks

Regards