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

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gyanprakash   10 March 2013 at 17:12

Election matters

Whether Rule 444C of UP Cooperative Societies Rule 1968 envisages the initiation of a proceeding by a member of housing cooperative society whose name has, mischievously, neither brought in the provisional voters list later on adopted as such in the final Voter list

Mamferns   10 March 2013 at 13:36

Date of birth correction on passport

I need to correct my mothers Date of Birth on her passport. Below are the sequence of events.
- Passport was applied in the year 2001 and proof of DOB was the ration card copy(Passport Offices were accepting RATION CARD copies as proof of DOB during this period).
- Passport was renewed in 2010 with no change in DOB.
- In 2012 took a copy of Birth Certificate from Civil Registrar and realised the DOB on passport was incorrect exactly by one day.
- Applied for Re-issue of passport with Birth Certificate duly attested as proof.
- Passport Officer demands for another proof of DOB (School Leaving Certificate)
- Approach school for Leaving Certificate but unable to find records for that year. (No records are available with school for those years).

I'm not sure what should be the next course of action.

-Should I file 2 affidavits stating the correct DOB and unavailability of School Records for School Leaving Certificate and present them to the passport officer.

- My mother was born in Portuguese Goa in 1948 and I have the original Birth Certificate in Portuguese duly translated in English and attested.


Any pointers will be highly appreciated.

kavksatyanarayana   10 March 2013 at 10:12

Attachment of salary of deceased employee

SIRS/MADAMS
HAPPY MAHA SIVARATRI
a class 3 employee in ap govt. died while in service. at the time of his death he had two wives. The married wife and 5 children(four female & one male)and second wife with a child filed applications separately for pensionary benefits and job. the position stands thus, the employer received a notice that attaching salary of the deceased employee from hon'ble senior civil judge court for a loan from private party.
The employer sought clarification regarding payment of pensionary benefits etc..
at this stage, the two wives approached Lok Adalat for pensionary benefits etc....
The hon'ble court ordered on mutual consent of parties, to provide job and 1/2(half)pension to the married wife., and 1/2(half) pension with gratuity in full to the 2nd wife. The court orders were received by the employer.
now whether the employer follow the orders of Lok Adalat or the pensionary benefits be submitted to the senior civil judge court.
the Government pleader opined that under sec.60 of cpc pensionary benefits shall not be attached except leave salary, arrear salary, earned leave salary.
under the above, please advise:
can the employer follow the orders of Lok adalat?.i.e. giving job +1/2 share pension to the married wife and gratuity+1/2 share pension to the 2nd wife.

Lalit Kumar   10 March 2013 at 01:38

Help form the court to give the instructions to police authority.

Dear all,

Greeting you,

I gave a complaint for threat to kill, extortion & criminal intimidation at Police Station using India post. which is already received around 10 days back but till date police authority haven’t take an action against the accused persons.

Please guide me what I should to do, do I need to take the help form the court to give the instructions to PS for arrest or take the action on same?

If it’s possible so please confirm that in what section it will consider & how I can proceed or tell me the procedure for same.

ASHOK TAVAKAR   09 March 2013 at 23:17

Electrcity

1. What are the controvercies in between Sec 135 & 138 of Indian Elect. Act 2003. Are these sections overlapping each other? Sec 135 says that if a person taps any cable/ service line, be booked under 135, on the other hand if a person demages the electrical system of lisensee he should be booked under 138 then specifically where such accused exists , under 135 or 138. In Jaipur Discom we used to take compounding in case of 135 and civil liability in case of 138. 138 also involves court proceedings.
2. Whether Civil Liability is applicable in case of Non- consumer.
3. Recently our Discom hase issued an order to recover Compounding + Civil Liability in case of 135 (first time). I want to know in how many states in India such provision is there.

R.K Nanda   09 March 2013 at 22:47

Happy shivratri

HAPPY SHIVRATRI TO ALL AT LCI.

Bhavesh   09 March 2013 at 22:22

Name change

Hi,

We have been advised by the most popular numerologist to change our names with addition of 1/2 alphabets in the names of my wife and my kids, but a letter addition in my surname. I have already done the name change in gazette and applied for pan card for all 4 of us and passport change for myself and my wife ...few queries- 1. will my surname being different from my wife and kids have any issue in future....in admissions, any legal issue etc (2) do i need to change the name in my kids birth certificate (3) once pan card and passport are changed, will change my name in bank accounts along with signature change.....(4) also, my understanding is Name has no legal format in india or guidelines but we are governed by unique identity number which is PAN,AADHAR etc...pls advise

Rammohan   09 March 2013 at 22:10

Motorcycle vehicle act 166

Sir/Madam,

I was riding my Maruthi Swift Car in Jan 2013 and had an head on collision with a motorcycle. The motorcyclist had sustained injuries and admitted in hospital for fractured leg and head injuries. I have called the police and narrated the incident and FIR has been filed against me. I have been summoned to Court to pay the fine for the FIR IPC 279 and 338 by end of Jan 2013. My lawyer then said everything is completed and the case is over.Surprisingly, I got a letter from Victim via Motorcycle Tribunal with a copy to my insurance company asking us to appear in Court by end of March under Section 166 of M.V act claiming a compensation of 6 lakh INR. My lawyer says that I dont need appear for this case but some of my other friends say that I should appear or else I am bound to accept whatever decision that has been taken. I have two questions

1. Do I need to appear in the court again? If yes, what I should do. If no, will there be any other summon from court?
2. My insurance is active and valid. Will Insurance company pay all the 6 lak? If not, will I be asked to cover any of the balance that insurance company doesnt pay. Should I be present in Court atlease for this reason ?

Your response will be highly appreciated as this would relieve my stress a lot.

Surender Singh   09 March 2013 at 15:53

General enquiry

if a property dealer done a rent deal, later on the tenant/owner avoid to pay his commission on one pretext or other, what action dealer can take ? or
under what provision ?