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

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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

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.

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.

Zahid Mir   18 July 2012 at 18:16

Comparative analysis of juvenile justice act in indiia and with reference to that of j&k

Hello Everybody!

I have to submitt a project on the above subjected topic please guide me how I have to proceed in submitting a good research paper on the same. And any suggestions or links to gather the adequate and relevant material is most welcome.

Sincerely.
ZAHID
NLSIU-Banglore

vivek   18 July 2012 at 11:50

Brokerage and commission

What is the diff btwn Brokerage and Commission according to laws with sections, if both are same tell me the defination with section from any of the ACTS.

R.vivek,
Article Assistant,
SRIPADA ASSOCIATES,
Chartered Accountants.

dev kapoor   18 July 2012 at 11:29

Insurance claim

My brother is the owner of a petrol tanker,which is registered as such & plied on roads.On 23.3.2009 it was carrying k.Oil belonging to IOC to be delivered at Leh but it fell down into a gorge on the NH & petrol is destroyed besides causing much damage to the tanker.Insurance co agreed to pay damages for loss of vehicle as assessed by surveyor but denying to pay the price of K.Oil that has been received by IOC from my bro.Bro filed a case before District Forum but lawyers is not clear about legal position.If the respected experts could help,he would not suffer a loss of lakhs of rupees.So I request .