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

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pradeep chandra   15 November 2014 at 17:54

Bpsc judicial service

sir i attempt 28'th bihar judicial service. 1. in the i'st advertisement of 28'th bihar j.service there is clear that ,the marks obtained at the inteview shall be added to the marks obtained at the written examination.the name of the candidates will then be arranged by the commission in order of mrit. 2.. but after written examination and before viva voce test a letter issued by bpsc that by the direction of hon'b high court the minimum cut off marks in the viva voce test will be 35%. sir i got only 30% marks in the viva voce test.but my total marks in written and viva voce test is more than final qualifyinf marks.so according to 1'st advertisement(para 1) i am pass. sir my que. is (1) if i writ against para 2 which is published in midst f game ,m i bound by estoppel... if yes then please suggest me what can i do to get the result. (2)secondly sir according to sec15(c) of bihar civil services(judicial branch)recruitment 1955, "there shall be no qualifying marks in the viva test... final cut off matrks.. 559 and i got in written 544 and in viva voce test 30. total 574..more than 15 marks from final qualifying marks

Rama mohan Acharya   15 November 2014 at 16:43

Benefits for accidents while on official duty

An Officer of a company was nominated to attend a seminar organised in the city. The company rules the officer is getting monthly conveyance allowance for commuting from residence to works and back, It is also a condition that the osfficer is required to use his personal vehicle for official work, within 8 KM radius.In case the officer is required to use his own vehicle for official work, then he is eligible to get reimbursement of conveyance expenditure @ Rs.12/- per KM. Here the place of conference is more than 8 kms and the officer used his personal vehicle. Unfortunately, while going he met with an accident with a cycle rider on road.Subsequently the cycle rider has filed a FIR with local police station. The vehicle of the officer also got damaged . He got it repaired in an authorised service station and claimed insurance for such repair. He had also to spend Rs 10000/- from his pocket for repair which was not allowed by the Insurance Comapny.
Now the officer submitted an application for (i) Reimbursement of Rs 10000/- (ii) Requested the Management to provide him legal aid since the accident occured while he was on official assignment, and Criminal proceeding will be initiated.(iii) Treating his absence for attending Court as duty. It is pertinent that the Comapany do not have any rule for such incidents.
The querry is whether the Management shpuld acceeded to the request of the Officer? I am more interested in this matter because, in our profession also the same incident happens since we the Legal Officers are required to move outside factory for attending various Courts, Advocate Chamber etc and normally use our own vehicle.

P.C. Joshi   15 November 2014 at 12:37

Partnership deed

Can anyone please let me know the registration fee and stamp duty payable for registration of a partnership deed in Delhi.

Thanks & regards

P.C. Joshi

S Sukumar   15 November 2014 at 10:26

Maintenance charges in an apartment complex for running common area expenses

We are a registered Residents Association of RESIDENTIAL Complex.
We ahve a registered Association of the Owners in the Complex.
We have Apartments having varied Plinth area.

We are charged Maintenance Charges for running Common Area & its expenses AT LUMPSUM irrespective of the Apartment Plinth Areas or share of the UDS

TN Apartment Ownership Act 1994 says should be charged based on UDS percentage.

Association does not agree and says will charge at Lumpsum only.

Is the act on this account MANDATORY that all Apartments should follow or can be altered by Association of each Apartment Complex.
Please advice

Ram Kulkarni   14 November 2014 at 19:33

Raid on unlicensed medical dispensary

I am doctor and I am working in my own hospital as a surgeon and gynecologist.As there are no medical shops near by and for convenience of patient I have kept medicines in hospital premises.I am having dispensary to dispense the medicines not a open shop.Some persons from FDA department have raided the dispensary and taken away all medicines including those which are useful for hospital maintenance.What will be the next step shuld I take.Will this become court matter?I am billing the medicine in good faith

kishor   14 November 2014 at 17:48

Payment of house rent allowance after transfer to new station

Sir,
If any central govt. employee got transferred to a new station and he is occupying government quarters at his old place of posting, whether he is entitled to get HRA at his new place of posting or not? If yes, for how many months he will get HRA before surrendering the said qtrs of his old place of posting. Please also quote the relevant portion of Rules.
Thanking you sir!
Regards,

Member (Account Deleted)   14 November 2014 at 13:21

Limitation act, 1963

Under Article 65 of Limitation Act, claim to land property in case you have title to the property is 12 years, after which diverse possession can be claimed on such land.

In my case the construction was done on the land by me vide Commencement Certificate dated 9 Jan 2001, so my limitation period will commence 1 year after that. My 12 years are complete on 9 Jan 2014.

However there is a police complaint made by land owners on 8 Feb 2001 (this does not affect me) and a letter to the Talathi on 1 Sept 2004 merely informing him about the occupation and telling him to not transfer the 7/12.

Does this affect my limitation period

joydeep chatterjee   13 November 2014 at 19:13

Sale of property under sarfaesi act 2002

I am attached with a nationalised bank.I need your urgent legal suggestion in the following matter.
One of our loan account was classified NPA on 31.03.2013.after that bank issued notice under 13(2).
after laps of 60 days bank took symbolic possession of the mortgaged residential property.after that also borrower did not pay.
in December 2013 bank published e-auction notice giving statutory 30 days time.but no bidder came and sale was cancelled.
again on 03.08.2014 bank issued sale notice and sale date was 05.09.2014.
This time the auctioned happened and purchaser paid full sale price as per norms.Bank issued sale certificate to the purchaser on 23.09.2014.

Now the borrower contacted and requested the auction purchaser to forego the auction purchase since it is the only residence the borrower is having which the purchaser considered.

now both auction purchaser and borrower wants to amicably settle the issue and borrower will give 5 lacs more to the purchaser as per their mutual agreement over the auction price.

now both of them requesting the bank to mutually settle the issue.

purchaser told us that he will return the original sale certificate to bank and will give one undertaking/affidavit that
henceforth he will not have any claim/right on the auctioned property and the same can be returned to the original owner.

looking at the borrower's request and purchaser's willingness can bank/authorised officer mutually settle the issue?

If Bank can do then what will be the legal process bank should undertake by which bank will be safe guarded in future against any litigation.

This is to further inform you that the property was sold in Rs. 27.00 lakh and bank's due was Rs. 16.00 lakh. The rest Rs. 11.00 lakh is lying with the bank which bank is liable to pay the borrower.Bank only issued sale certificate but registered sale deed has not been executed in favor of purchaser.

Sir, I understand that i have made a long writing but i want all to understand the issue thoroughly.

so i request all the expert to convey their opinion urgently as bank is willing to settle mutually but after safeguarding litigation.

Thanking you in anticipation.

SABIR AHMED   13 November 2014 at 15:36

Rumour of informal false stalking allegation

Dear Expert,
I am a married man with only daughter, resident of Kolkata. One of my tenants and his wife is spreading a false rumour to my other tenants as well as in the locality that I stalk their unmarried daughter on her way to her office. First of all, I would like to know, what could be they up to ? Secondly, how can I safeguard myself from such false rumours? ( as Indian law is very much in favour of women and in many cases it is being misused )


Regards,
Sabir Ahmed

nagarajupatro   12 November 2014 at 20:05

appointment of asst. govt.pleader

Hi Good evening respected experts......

Asst. Govt.Pleader will defend the Government. An advocated elected for the Municipal body and more particularly he is representing the people of certain area/ward for 5years of term to raise their voice only. In such a case Ward Member Post may not be a hurdle for the appointment of A.G.P, as usually A.G.Ps are nominated by the Government through Dist. Collector by the recommendations of ruling party.

Please clarify whether an advocate enlisted in the panel proposed for appointing Asst. Government Pleader in Andhra Pradesh prior to the election notification, later participated in Municipal Elections and elected as a WARD MEMBER is eligible as Asst. Government Pleader or not ?