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

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Uma Verma   16 July 2014 at 15:07

Family pension benefits to unmarried daughter

One of my friend is an unmarried daughter of her late Father who was retired from A.G. Office from the post of Clerk and was drawing his pension till his death on 20.08.2007.
The mother of my friend was not nominated for retiral benefits by her father at the time of retirement, therefore, the concerned office stopped paying pension. On 26.02.2009 her mother was also expired. During the period of Death of her Father and Mother, the matter for payment of family pension was pursueded and the concerned department was agreed to pay Rs.73000/- as arrears of Pension. But the said sanction of Rs.73000/- also kept in abeyance by the Department and till date not paid.
My friend has made several request to the AG Office to pay the amount of arrears till death of her mother and to pay further pension to her as she is unmarried daughter of her father and was fully dependent on his father, but, no any satisfactory reply is received from the concerned department. The pension paying branch of the pensioner was State Bank of Indore which is now amalgamated to State Bank of India. My friend also contacted State Bank of India, Treasury Department alongwith A.G. Office for payment of arrears of pension and family pension, but failed to receive satisfactory response from all of the concerned. Even PPO is not found with pension paying branch. My friend is exhausted making efforts since last 3-4 years and feeling very much desparate.
Please advice me whether my friend who is unmarried daughter leaving alone is entitled to receive family pension or not? Whether arrears applicable to her late mother is now payable to her or not? Please also advice future course of action as all the authorities concerned are not at all paying any attention to her requests.

anubha   16 July 2014 at 14:46

Alternative dispute resolution

“LAWPUBLICS”, Hyderabad a partnership firm engaged in the publication of law books in India was catering the needs of the law students. “LAWPUBLICS” has three partners consisting of authors of law books namely Mr.Ramakrishna, Mr.Ravi and Mr.Hari. The firm got the copyright in these partners' (authors) books through assignment deed dated 1-1-2010 from the authors.

Immediately after the assignment, the firm started publishing these books under the name of the firm. On 1-2-2011 “LAWPUBLICS”has entered into a Co-branding agreement at Hyderabad with the “NEXLAW”, a publisher based in UK having presence in international market. As per the Co-branding agreement “LAWPUBLICS” has to make all their titles availablefor publication and marketing to “NEXLAW”. The agreement contains a term of royalty that 'LAWPUBLICS' is entitled to a royalty at the rate of 15% on all books sold in the market. The agreement also stipulates that during the subsistence of the contract either party shall not publish or market the titles and they shall be published and marketed only under the Co-branding scheme. The agreement is to be in operation for a period of 10 years and is renewable again on mutually agreeable terms. The said Co-branding agreement contains an arbitration clause. They have chosen 'London' as the place of arbitration.

On 1-2 2013 Mr. Ravi one of the authors has come out of the firm. But the firm “LAWPUBLICS” continued its existence with the remaining partners. In the same month Mr.Ravi authorized AP Law Agencies, another publisher in Hyderabad to publish all his three titles. AP Law agencies started publishing and marketing books from 1st of November 2013.

“NEXLAW” filed a petition under Section 9 of the Arbitration and Conciliation Act 1996 in the city civil court, Hyderabad praying for an injunction order against “AP law agencies” preventing them from publishing and marketing the books of Ravi.

Conduct arbitration proceedings and draft an award.

anubha   16 July 2014 at 14:32

Alternative dispute resolution

Sir/Mam,
I am looking for a solution to the following problem. Who exactly should be the parties in this case and whether the arbitration tribunal had jurisdiction. Also if would like to give your comments.

Thank You

“LAWPUBLICS”, Hyderabad a partnership firm engaged in the publication of law books in India was catering the needs of the law students. “LAWPUBLICS” has three partners consisting of authors of law books namely Mr.Ramakrishna, Mr.Ravi and Mr.Hari. The firm got the copyright in these partners' (authors) books through assignment deed dated 1-1-2010 from the authors.

Immediately after the assignment, the firm started publishing these books under the name of the firm. On 1-2-2011 “LAWPUBLICS”has entered into a Co-branding agreement at Hyderabad with the “NEXLAW”, a publisher based in UK having presence in international market. As per the Co-branding agreement “LAWPUBLICS” has to make all their titles availablefor publication and marketing to “NEXLAW”. The agreement contains a term of royalty that 'LAWPUBLICS' is entitled to a royalty at the rate of 15% on all books sold in the market. The agreement also stipulates that during the subsistence of the contract either party shall not publish or market the titles and they shall be published and marketed only under the Co-branding scheme. The agreement is to be in operation for a period of 10 years and is renewable again on mutually agreeable terms. The said Co-branding agreement contains an arbitration clause. They have chosen 'London' as the place of arbitration.

On 1-2 2013 Mr. Ravi one of the authors has come out of the firm. But the firm “LAWPUBLICS” continued its existence with the remaining partners. In the same month Mr.Ravi authorized AP Law Agencies, another publisher in Hyderabad to publish all his three titles. AP Law agencies started publishing and marketing books from 1st of November 2013.

“NEXLAW” filed a petition under Section 9 of the Arbitration and Conciliation Act 1996 in the city civil court, Hyderabad praying for an injunction order against “AP law agencies” preventing them from publishing and marketing the books of Ravi.

Conduct arbitration proceedings

Pradyot   16 July 2014 at 11:26

Draft of petition article32to sc 7application u/s151,152,153 to nc

I hav to file petition under article 32 to supreme court against builder respondant for perjury,supression of facts&documents and principal of natural justice was denied while dismissing my complaint by district forum,state&national commission&supreme court for deficiency of service &compensation as per agreement with builder.I have fool proof documents to prove now.
Can I also file application u/s151,152,153 to national commission to sqash the order of Forum on following grounds
Perjury,suppression of facts &documents amounting to Contept of the court,
principals of natural justice was denied amounting to order without jurisdiction
Case lawsRecall Judgment /Order Obtained by Fraud- In Indian Bank v. Satyam Fibres (India) Pvt. Ltd. , the Supreme Court after referring to Lazarus Estates

: Suo Moto Proceedings Against ... vs Unknown on 12 May, 2001
Equivalent citations: AIR 2001 SC 2204, 2001 CriLJ 2611, 2001 (4) SCALE 199


ajit   16 July 2014 at 10:24

Admission in evening law collage in delhi

SIR

Kindaly give me details of evening law collage in delhi(EAST) with web add.

Thanks & Regds

AJIT KUMAR CHOUDHARY

Jiten Subhash Mhatre   16 July 2014 at 01:39

illegal construction

ur city some peoples are doing In our city some peoples are doing construction on government land. I did construction on government land. I did complaint about it in concern authority complaint about it in concern authority but they didn't take any action against but they didn't take any action against them. Now I want to file complaint them. Now I want to file complaint against builders and some government against builders and some government personal in court. Please give me advise personal in court. Please give me advise on following points on following points *in which court I *in which court I have to file complaint *how much it cost have to file complaint *how much it cost *can I fight it impersonal

Anonymous   15 July 2014 at 23:02

illegal construction

In our city some peoples are doing construction on government land. I did complaint about it in concern authority but they didn't take any action against them. Now I want to file complaint against builders and some government personal in court. Please give me advise on following points

*in which court I have to file complaint
*how much it cost
*can I fight it impersonal

Kumar   15 July 2014 at 22:21

Mentioning section necessary in petition?

Please let know, Whether mentioning section number in petition is necessary or not? if not, how to refer this in argument in court?

I have filed child custody without mentioning section and opposite part opposes this?

Pucki   15 July 2014 at 19:24

Fixed deposit in the name of deceased person


A fixed deposit is jointly held, with one person is deceased. This FD has also got nominee. Who should get FD amount?

mukund   15 July 2014 at 12:18

Letter of credit

My buyer has opened an irrevocable, confirmed,revolving, transferable Letter of credit amounting Rs. 60 lacs.
My bank has received and confirmed it.
I have supplied the material to the buyer amounting Rs. 10 lacs.
The terms of payment in L.C. is 90 days.
Can my bank pay 70% amount of total invoice
of Rs,10 lacs to my accont? before 90 days.
Can my bank ask for colateral property for that.
Regards.
mukund sanghvi
allwin chemicals