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

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rakesh   28 March 2013 at 20:02

Recovery of family pension

dear sir, an retired govt employee (Mr.X)has two wives both are own sisters.Elder sister is also govt employee, died in a road accident in Jan 2007. Mr.x got the family pension of deceased wive from Jan 2007 onwards. In March 2008 Mr.X retired and started receiving pension from said month. In the month of Nov'12 bank intimated that family pension of Mr.X be stopped to given by Mr.X pension dept and all the sum received as family pension be recovered from Mr.X pension on the ground that Mr.X got remarried. Because of one of the clause in family pension sanctioning letter was family pension will be given until the date of remarriage or death whichever is earlier to Mr.X but Mr.X got married deceased wife sister before her death by taking the consent of deceased wife of which document was filed with employer of deceased wife. Mr.X also intimated about the sister of deceased wife as nominee with his employer 8yrs back. So my question is whether what the pension department has done recovering family pension from Mr.X's pension is right under the clause of remarriage. Mr.X didn't received any notice of his pension be stopped and family pension recovered but such notice was sent to the banker only. My opinion is as Mr.X got second marriage before the death of deceased wife so the clause of remarriage will not apply and if the clause is applicable pension dept should stop giving family pension and shouldn't recover from Mr.X as the default lies on pension dept. because after proper verification only it sanctioned family pension to Mr.X and he already stated his second wife as nominee with his employer before the death of the deceased wife..So please suggest me whether Mr.X is eligible for family pension or not and whether family pension can be recovered from his pension and whether second wife who's name is mention in PPO eligible for family pension after submitting required documents with the employer.

MD JAMAL MUSTAFA   28 March 2013 at 02:43

Trade licence

WISH U HAPPY HOLI TO ALL THE LCI MEMBERS

A does the business from fifty years to sell the CAMEL without trade licence any where in INDIA from RAJASTHAN. Now A has to need trade licence what is the process to apply the trade licence and by which manner trade licence could be issued. where wil be apply for trade licence. trading of CAMEL is illegal

shyam   28 March 2013 at 01:52

Cheque bounce law nia 138

dear sir/madam,
one of my clients gave a cheque on giving him some service from our company.
the cheque was bounced citing reason " cheque payment stopped "

again we presented the cheque in the bank and it was returned with
same reason.
the cheque again bounced citing reason " cheque payment stopped "

i have spoken to some lawyer and he told me that in case of " stoppage of payment by the issuer of the cheque , the same cheque can not be represented again in the bank as per N. I. act 138, AND NOTICE CAN NOT BE SERVED, UNDER NIA 138 for second stoppage of payment, and cheque bounce if "payment stopped by issuer " of cheque is the reason of cheque bounce.

where as PER my knowledge ,the final supreme
court rulings ( in MSR LEATHER CASE ) ( negating the previous supreme court verdict in sadanand case )the apex court has clarified that with every cheque bounce fresh notice can be given and that the cheque can be presented any no.of times till the validity of the cheque, and fresh cause of action arises on every representation of the cheque which has bounced, and thus a fresh notice can always be given on every time cheque bounced or stop payment done by issuer of cheque.

pls clarify this matter.
DOES IT REALLY AFFECT THE CAUSE OF ACTION A S PER NIA 138,

2. I HAVE GIVEN NOTICE TO THE CHEQUE ISSUER ALONG WITH MY LAWYER , CAN 2 SIMULTANEOUS NOTICE CAN BE GIVEN FOR ONCE BOUNCE CHEQUE.

3. I M CLARIFYING THAT WE HAD NOT GIVEN any NOTICE , ON FIRST TIME BOUNCE OF CHEQUE , BUT REPRESENTED THE CHEqUE IN ThE BANK second time on request of cheque issuer , AND ON SECOND BOUNCE ( STOP PAYMENT ) , i along with my lawyer have sent a legal NOTICE under sec 138 nia.( two different notice, one from my side and one from my laywer side for the same cheque on second bounce.)
.
IS IT LEGAL to send two notice bounce of the cheque

J B Goel   27 March 2013 at 14:36

Investment in uk

i am retired officer.i want to do business in uk and for this purpose, i want to remit GBP 2,10,000 in my name to uk. pl advise the procedure
j b goel

Kushal   26 March 2013 at 23:27

Laws applicable to corporation

Hi Friends...,

Please tell whether Companies Act, 1956 is applicable to Corporations...?,

because as per my knowledge they are governed by their respective/different acts.

So, whether Company Law is also applicable, with the respective acts under which they have been made?

Regards,

Kushal Kumar

R.K Nanda   26 March 2013 at 16:43

Happy holi

HAPPY HOLI TO ALL AT LCI.

Tekchand Gaur   26 March 2013 at 13:28

A couple protection

respected experts

mene love marriage ki hai mager lagki ke ghar wale humari shadi ko maan nhi rahe hai or humhe jaan se marne ki dhamki de rahe hai hum per itne pasie bhi nhi ki life ki protection ke liye court se protection maang sakhe fir bhi dosto ki halp se kuch pasie jama ker paya hoon ab aap se kuch nhi chupa hai plz mujhe bataye m advocate ko kaam se kam kitne rupee me m convaince ker lun plz help me

Raj Kumar Makkad   26 March 2013 at 08:21

Happy holi

लाल" आपके गालों के लिए
"काला"आपके बालों के लिए
"नीला"आपकी आँखों के लिए
"पीला' आपके हाथों के लिए
"गुलाबी" आपके सपनों के लिए
"सफ़ेद"आपके मन के लिए
"हरा" आपके जीवन के लिए
"होली"के इन सात रंगों के साथ
रंग भरी शुभकामनाएँ..

Subodh Paranjpe   26 March 2013 at 02:32

Federation of cooperative societies

Dear Sirs,

I live in Golden Park Phase I Kalyan. We are a federation of 8 member societies. No. of flats/shops total in our societies are 33, 29, 32, 57, 63, 63, 40 & 48 (total 365). Share capital of all societies is same. However maintenance is being charged at Rs. 50 per flat or shop which means all societies maintenance contribution is dissimilar. But representation of all societies to federation is same i.e.,3 from each society.
The model bye laws which are the heart of co operative law states clearly that all members of co operative society are equal irrespective of the member strength of that society. Maintenance charges of federation include common electricity bills for street lighting & community hall, security charges, sweeper facilities mainly.
There are no separate model bye laws for federation of co op societies. Hence the questions are –
1. If share capital is same then why federation expense burden should not be shared equally by all member societies?
2. Why should representation of member societies not be proportionate to number of flats in that particular society? Why should larger societies suffer by paying more maintenance charges without any proportionate increase in representation on federation general body?
3. Our society (with 57 members) raised above questions since last one year. However federation have asked for general body vote to decide on this issue. Please guide. A handful of men are trying to hijack the law and subdue intellectual community of our beautiful complex. There are no bye laws made by federation till date. Our society has asked federation to seek a valid legal opinion from competent legal authority as this is a constitution matter and not election of office bearers where numbers are important.
4. There is a gang of few people in our complex with ulterior motives who are hijacking the democratic process. Please let me know the right approach.
5. Kalyan is a developing city where FSI and TDR changes have made all complexes having buildings with dissimilar members. The above problem is being faced almost all housing complexes.
6. Can the share capital of member societies be made proportionate to expense burden shared? Can member societies of federation have dissimilar share capital based on number of flats in society? Dissimilar share capital shall allow representation to federation based on population of each society, Will this be legal?
Your advice shall help us in getting justice.

Regards,

Subodh Paranjpe

Member (Account Deleted)   26 March 2013 at 00:02

About cast certificate

I want to cancel my cast certificate.How can I cancel my cast certificate in west Bengal?