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

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Monica Bansal   02 May 2013 at 15:10

Payment of gratuity

In context of payment of Gratuity as per Gratuity Act 1972, In case an employee's eligibility exceeds the prescribed limit of 10 lacs, then in what form the Gratuity is Payable to the employee?

Deepak Nair   02 May 2013 at 14:18

Subpeona from usa court

Dear Sirs,
My clients are a dealer of motor cars. They sold a car to one customer A who paid certain amount by swiping his card.
Recently my clients got a subpoena from a USA lawyer stating that B is the wife of A and a marital dispute is going on between A and B in a USA court and asked for the details and documents related to the sale of said car to A by my clients. But my clients are reluctant to share the information of the customer as the said details are his personal information. Thus, my querry is as follows.
1. Is such subpoena enough to demand production of documents and details to a court out of India??
2. Is there any need of obtaining order from an indian court to demand such details??
3. What if the details are not provided my client??
4. What legal action can be taken against my client if details are not provided??

Point to note is that no court order has been annexed and they have sent 11 US dollars as charges towards providing the details along with an affidavit of authentic person.

Kindly provide me an appropriate answer.

Thanks.
Deepak Nair

Just Check   02 May 2013 at 12:44

Marital discord

thanks for all replies.

Praveen Kumar   02 May 2013 at 12:11

Social service

My dear friend. You need to prove it that you are not working. I am not sure that you will get the relief to pay the maintenance to your wife or not. But if your wife is equally literate to you then you must get some relief over there by showing your in eligibility to pay the maintenance. Please download the judgement of Justice S.N. Dhingra Delhi High Court for no maintenance if husband is unemployed and wife is equally literate to the husband. Hope my reply will give you a lit bit relief and some energy to fight against this gender biased law. Best of Luck.

Aneesh   02 May 2013 at 09:31

Pls help!!

Respected Friends,

Please help me ,

My brother gifted a land to me. The gift deed has been registered. And even I constructed house on that gifted Land.

Everything was alright. After 2 years, my brother was in debt. He want to take a loan, but he has no property to mortgage, So he demanded back that gifted Property, I told him that I have constructed a house on that and I can’t return back to him. So he told me that he will cancel my gift deed.

Will it possible? Can he cancel the gift deed?

Please help me.

RAMJI   01 May 2013 at 19:26

Rti case-pvt hospital


1.Thro an RTI application, it is noted that Govt. is a stake holder holding 0.24 % of share.... hence,... it is not 100% privately owned.... being so... can we say this hospital is to be covered under RTI ACt to disclose info to public on request?

2.Can any one please give reference /citations of SIc/CIC/High court /supreme court judgements /observations RELATED TO PRIVATE HOSPITAL UNDER RTI ACT 2005 IF ANY
REgards
Ramji

Member (Account Deleted)   01 May 2013 at 18:46

Sarfaesi act

If a bank does not publish a newspaper publication within 7 days (or not at all), dos the notice under section 13(2) remains valid ? Can the bank restart from 13(4) again ?

sukhpal singh   01 May 2013 at 18:42

Lic policy

Sir, I had bought a policy as a Proposer on the life of my daughter (minor) from LIC of India in Unit Linked Insurance Plan. In the year 2006-7 the said Policy was blocked by the Software Development Centre, Pune due to some technical reasons as there was some problem in their software and on 30 March 2007 I had applied fro the surrender amount for the said policy and LIC paid me the same on 11/07/2007. Thereafter in the year 2010, I received some letters from the LIC that they have paid me in excess and asked me to refund the same. I personally visits the office and made query about the same but the offical staff asked me that they have received a letter from the head office, so I am laible to pay the excess amount paid to me , but were failed to explain me the reason. In 2010, LIC delibrately created a loan by themselves from another policy of mine which was bought by me on my name and also charge the interest upon the loan. In the month of April 2012, when the same was about to mature they have send me the discharge form and in the discharge form they have deducted the loan + interest from the maturity amount from my policy.
Sir, my query is
1. Do the LIC has any lien upon my another policy?
2. Can they create loan upon my policy without any loan request from me?
3. Can they recover any excess amount, if any, paid in the policy on the life of my daughter, after the same was surrendered and the contract was over from the policy of mine, by creating loan and also charging interest upon that without any request from me?
4. Please quote citataion, if any, invoves in the case.

Regards
Sukhpal SIngh

Saurabh Kumar Singh   01 May 2013 at 10:34

Cheque bouncing

Dear Experts,

we have supplied goods to A Pvt Ltd. Company two directors D1 & D2 authorised two sign the cheques . In their partial liability they have given 2 cheques for Rs. 2 lacs signed by D1 and Rs. 6 lacs sign by D2. one cheque(2 lacs)returned with remark insufficient fund, notice given and complaint filed.

other cheque (6 Lacs) returned with remark sign not updated in bank. then we intimate to the party that please update ur sign to comply, in cheque time limit we again deposited the cheque in bank and this time dishonoured with remark INSUFFICIENT FUND. Notice given, in notice by mistake mentioned the cheque signed by D1 but real signatory is D2.

Now we have to file complaint for 2nd cheque(6 Lacs).

Court inclined to issue notice to only company and signatory of the cheque, but here in notice, by mistake we have mentioned that signatory of cheque is D1 instead of D2.

Please suggest how we can overcome with this situation?

How complaint can be drafted to safeguard our interest?

please guide and also suggest some case law on this line.

Gyanender Singh Malik   01 May 2013 at 08:44

Name of advocate who filed first pil

What is the full name of advocate who filed first PIL? Is it "Pushpa Kapila Hingorani" or simply "Kapila Hingorani"? Was she born in Kenya?