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

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Shonee Kapoor   17 February 2012 at 15:51

Re-instation of tom

Hi fellow experts,

I have just noted with some happiness that Tom has been re-instated in Hall of Fame list.

I thank the admin for accepting the views of fellow experts on this.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

venkatkrishna   17 February 2012 at 15:36

Stamp duty on nda.

Please clarify, what stamp duty is to be paid on NDA ( Non Discloure Agreement) between two companies. If attracts under which provision. Preparation of the document SAFE SIDE on some NJS is on different aspect.
Please await your valuable suggestion.

T V RAAO   17 February 2012 at 13:38

Banks increase in roi home loans overdues & npa

SIR,
There has been unusual changes in the ROI on home loans. The home loans are normally sanctioned on EMI repayment.
The upward increase in ROI by banks has resulted in increased amount repayment demand . Since most of the cases the repayment is made by standing instruction, the borrowers would not be knowing that there is increase in repayment demand on account of changes in ROI. All banks including private banks have not bothered to sensitize the home loan account borrowers about this unimaginable burden volatality. Not only banks but the regulatory authorities who cry horse about NPAs are very casual about this issue. Once the account turned NPA for the ROI reason the credit rating of the borrower is damaged beyond repair.

Even though the GOI has recently provided for provision of bullet payment of overdues overflow on account of ROI, no bank has taken initiative to popularization the option, to save the credit rating of the borrower.

The interest overdue-overflow may not last longing as interest rates may also go down, giving relief in the future years to the borrowers.

In order to save the banking industry and the home loan borrowers, the banks may take up with the regulatory authorities:

1) For provision of resetting the debt once in four years, to factor the interest rate volatility.
2) this resetting is not amount of re-phasing but systemic adjustment of mismatch.
3)At least the resetting be given for HL up to Rs.25 lacs (PSD)
4) This resetting is done at bank level and not branch level, with out any application/action from the borrower side.
5) necessary legal sanctions for resetting the liability.
6)to recognize re-phasing and re-setting as separate mechanisms for credit management

The action of Banks/IBA/BCSBI thus is for saving the regularly repaying borrowers, for classifying as NPA.

Imran khan   17 February 2012 at 12:23

Electricity fine

I work in a manufacturing company in Uttarakhand. Last month we are fined for usage of electricity in peak hours during the time of Kumbh Mela in Uttarakhand. Regarding this a notice was given in News Paper (Timings of electricity usage). We are unaware of this notice and run the machines in peak hours. For this we received a fine of Rs.17 lakhs now. (After 1 1/2 years). we approached the dept. but of no use. they gave us option to pay the amount in 3 installments otherwise electricity connection will be removed. We paid the first installment. can any body tell me what to do in this matter.Is there any related case.

sachin   17 February 2012 at 12:05

Mining laws

Dear Experts,

Kindly let me know the list of legal compliance for operation of Mine under Mining Dev. Regulation and Mineral concession rules. If possible provide me the list of forms for obtaining the permission from concern Department.

RAVI KISHOR JONWAL   16 February 2012 at 19:41

Evidence

Plz tell me about stock witness

a k pandey   16 February 2012 at 19:26

Sec. 494 ipc

My friend had filed for divorce under sec.13(1A)(ii), his wife is not willing to cohibit further and asking for Rs.20 lakhs for mutual divorce, which he is unable to pay. As he is 40 plus of age and only son of his parents, he wishes to get married.
What preventive measures he should take to avoid implicaion of sec.494 IPC. Wether guidelines as per judgements of SC in Bhaurao Shankarrao lokhande vs State of Maharastra and Nikku Ram Vs State of H.P. will work?

Arvind Sehdev   16 February 2012 at 16:10

Foreclosure amount by banks

Can banks charge us foreclosure ??

My client closed his loan before stipulated time period and was charged a foreclosure amount by a government bank....

I read it long time back that they cannot. So if there is something like this or some judgment can I have it please..

I need it for a client of mine. I need to file a consumer case against the bank for which I need some authority/ case law or some established law/ rule that they cannot charge the same.

Megharaj   16 February 2012 at 16:06

Non payment of telephone bill from tata indicom

Dear Friends

I am Mr.Raaj from Bangalore, I had a TATA Indicom Land Line telephone and I had not used the same for more than one year and I was paying monthly bill accordingly Rs.2500/- + service tax, and one fine day, when my assistant advice me that we are not using the telephone and paying monthly rental every month I decided to disconnect the same. On submission of disconnection letter to TATA Indicom outlet nearby on 24.11.2011, they refused to accept the same and advised to send a email to customer care, I had send the same accordingly on 03.12.2011 stating to withdraw connection with immediate effect. But they never turn back and I stopped making the payment with immediate effect. and after one month one of there executive came to collect outstanding due I refuse to pay the same. Now I have received a legal notice from TATA Indicom, Kindly advice.

dipankar   16 February 2012 at 14:59

Customary law

One of my colleague working with me is a tribe. He belongs from Santal tribe. Recently he gets divorce from his wife by their custom. I want to know whether the customary law is still prevalent in the tribal society. As per his view his village head called ‘Manjhi’ given him the justice of separation between them by Santal customary law and no family or any other court of law involves in the process. He told me that their village headmen named ‘Manjhi’ do everything such as marriage, divorce etc. etc. and no legal interference allowed by anybody. I cannot understand whether it is legal or not. Please let me know the actual fact of tribal law in india. What is their relevant jurisdiction in a legal way? Please clarify?