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

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sanyog vyas   10 August 2012 at 11:22

Distance learning degree in regular mode

HI every one. My question is if an Institute is offering a distance learning degree in Regular mode. and if the students are told by the institute that the programme is a regular Class room programme(but not clearly told about the distance learning degree),In that case can a student file a Complaint under Sec. 420 of IPC against the Institute or college?

shakti   10 August 2012 at 10:36

Consumer protection act

I purchased 32 " LCD TV make Haier on 10.09.2009. It stopped working on 3.06.2012.Complaint was lodged on same day at toll free number and got complaint numer with promise to sort out complaint within 7 days.The service engineer reported on 5.6.2012 and took the supply of the CTV saying that supply is defective.On 25.06.2012 the same service engineer came with defective supply ,mounted on CTV and the defect remained the same.The service engineer gave in writing that he is helpless and he can not solve the problem and you do whatever you want.The same day ie;on25.06.2012 I immediately contacted the shop from where i purchased the set and they forwarded my complaint through email to the company with copy to my email.My set, after my regular touch with the company,was taken on 30.06.2012.My two kids deprived of watching favorite programs during their whole summer vacations along with my wife and my father .I served notice through my advocate .On 4.08.2012 when i contacted company they said "your set is ready and we will send it at the earliest to our branch at your city" and you have to first pay the charges then only your set will be supplied at your home .On 8.08.2012 i again served the notice saying that i am ready to pay the charges but under protest.On 9.08.2012 i paid a Hugh sum and then only my set was installed after 2 months and 6 days.Now i request the forum to plz advice me further steps most appropriate in this case.The same company now is providing 4 years of warranty on Haier products.Thanks and happy Krishna Janmashtami.

glenn   09 August 2012 at 22:02

Which sentence has greater value

Not withstanding anything contained in any other law "for the time being in force"

OR

Not withstaning anything contained in any other law.

Whether it is based on the passing of the year?

For eg., MCS Act, 1960 has the first sentence
and SICAct 1985 has the second sentence

which has greater value??

sukanta bhattacharjee   09 August 2012 at 13:54

Legal notice

Sir, I receive a legal notice regarding my pending mobile bill of a closed BSNL postpaid no;
The bill amount is ten time higher than the security deposited.
The bill came up within 45 days with one single bill with no other notification.
Am I legally liable to pay the amount?
Can I file a case in consumer court?
What if not reply to the legal notice.
Please advice … thank you.
-sukanta

s.k.majumdar   09 August 2012 at 12:33

Regarding passport

Dear sir
i) I applied for passport in Nov,2011.I am under the Ranchi, jharkhand Passport office jurisdiction

ii)As per the website of the Passport authority,passport could not be granted to me since there is adverse police verification report i.e some court case is pending against me and i am to submit the NOC/ acquital order before the passport officer.

iii)Immediately,I contacted the OC of local Police Thana and wanted to know the pending case details against me so that the necessary action to be taken by me to clear the situation.However the OC of the Thana could not provide me the details and inform me to contact the Passport office at Ranchi.

iv)I have also contacted the CID officer and he informed me that no adverse report given by him.

v)As far as i can remember knowingly i did not do anything in the past which resulted into any police case against me since basically i am a peace loving citizen

v)Under the above situation pls. advise what should i do to get the mess cleared.

Thanx and regards
S.K.Majumdar
Manager(Internal Audit)
Employee of A Tata Enterprise

Alpesh   09 August 2012 at 12:30

Birth certificate

I born in Bhavnagar Gujarat. I have all proof EXCEPT BIRTH CERTI. Now i want a PASSPORT, without having B.C. passport can not be issued.
HOW CAN I GET BIRTH CERTIFICATE ?
MY AGE IS 22 YEARS.I have all school records?

Kunal Sarkar   09 August 2012 at 00:35

Motor accident cases

The deceased took a car of his brother-in-law for a pleasant trip and on the way the car fell from the hill and on the said accident the driver & occupant was died. driver was missing since the date of accident and the wife of the occupant filed claim petition before the Tribunal. The insurance policy of the car was comprehensive policy covering
a) PA to 3 un-named passenger of Rs. 1 lack each.
b) Compulsory PA to owner & driver Rs. 2 lack each.
c) WC to employee 1(one).

The insurance co. already paid Rs.50 thousand as NFL (no fault liability) and Rs. 1 lack as PA covarage.
my question is that,

1. Whether in comprehensive policy there are unlimited liability of the insurance co.?
2. Whether the deceased is a third party ?

3. In this instant case whether the insurance co. liable to pay the claimant according to the schedule of the M.V. Act?

4. Whether Sec.147 of the MV Act apply in this case ?

Munish Kumar Garg   08 August 2012 at 23:06

Contempt proceedings

Hello members

The issue is that my client was alleged under the Contempt of Courts Act and a contempt petition was filled by the petitioner against my client alleging that he committed an offence under his official capacity by dis-obeying the order of the court.

The basic dispute is that the petitioner filed a civil suit i.e. Suit for permanent Injunction against like Municipal Committee, Irrigation and Canal Department etc., we are for the Canal Department i.e. holding the post of XEN.

The dispute is that some land of canal department was given to the Municipal Committee without any rent/lease as Municipal Committee wants a small piece of land for collecting the Octori by building a booth there and in pursuance of their request the Canal Department delivers the possession of a piece of land to Municipal Committee, but after sometime Municipal Committee stopped collection Octori and gives that Booth on lease, without prior permission of Canal Department, to some private person. After sometime that private person vacates the premises and then Municipal Committee again gives the Booth to some other private person for opening a shop. When the Canal Department comes to know that the land was leased by the Municipal Committee to some private person without prior permission then Canal Department requested to Municipal Committee to give back their land with vacant possession. In pursuance of that Municipal Committee issued the notice to the lessee for vacating the premises but he refuses to accept it and even a report is noted by the postman on the back of that notice of refusal.
Then after that the 2nd private person filed a suit for permanent injunction for restraining them from dispossession of Booth and the defendants took their plea that as supra, and the case was withdrawn by the plaintiff "DISMISSED AS WITHDRAWN" after recording the statement of parties i.e. the statement of Plaintiff and statement of XEN of Canal Department was recorded only, in which it is evidenced by the XEN that he will purse as per the law for getting the possession.
In pursuance of that Canal Department issued letter to the Municipal Committee for delivering the possession and they issued again notice to the Plaintiff that he will deliver the possession of the Booth within 30 days failing which they will come and demolish the Booth, but the plaintiff did not vacate the Booth and after 30 days Municipal Committee and Canal Department Officers went at the spot with Bulldozer and demolished the Booth.

The plaintiff then filed the Contempt petition before the Hon'ble High Court against the XEN of Canal Department, as he is only officer who comes in witness box for giving evidence besides Plaintiff himself and he filed the contempt petition against the XEN only and no other official was named in the petition.

My main query is that if a civil suit was withdrawn by the himself and no finding of the court comes out and even their is no dis-obedience of the court order, as the suit was withdrawn as dismissed by the plaintiff himself on his statement, then is their any violation of the ld. lower court for which contempt petition was filed against the XEN.

If not so, then please give me some citation on the above query point.

Thanks
Munish Kumar Garg
Advocate

R Karthikeyan   08 August 2012 at 20:41

Sr citizens act 2007

Dear Experts

I hope there is no tribunal for filing of application in Maintenance and Welfare of Parents and Sr Citizens Act 2007 in Coimbatore, Tamilnadu, hence where will I approach or go ?

Shall I apply District and sessions court ?

kindly suggest me pl

regards
R Karthikeyan
coimbatore

Arjun   08 August 2012 at 15:57

Please

Dear Sir,

one of my friend had sold his motorcycle to someone 3 years ago but the buyer till date hadn,t transferred the bike on his name. can my friend, the seller, initiate any legal proceeding against the buyer?
please suggest, thanks in advance

Regards,

Arjun