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

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Advocate@Law Field   24 October 2013 at 16:54

Suit and public notice

I am dealing one civil suit. Its a undefended suit. But, I have recently read Public Notice about the property of the Defendant.can I object to this to save my rights against the property of the defendant? Coz As per my knowledge the Defendant is having this one property only n nothing else. n If I will win the case in future there practically there is no point coz the Defendant will nt having anything to pay me back. For this reason can I object to this Public Notice at this stage?

Member (Account Deleted)   24 October 2013 at 16:44

Kul kayada act

Dear Sir,

I need the person know about KUL KAYADA

e form   24 October 2013 at 13:07

Evacuee property

Our land declared evacuee property.

Important things in this case.

1. Our land (Evacuee Property) Declare on dated 01-06-1984.
However, as per act section 7-A (Property not be declared evacuee property on or after 7th May, 1954)

2. second, This Land is Service Inam Land ( Mashratul Khidmat ) Wakf Land, and we are Mutwalli of the land.

3. Custodian Generel (Commissioner/Collector) of Evacuee Property. issue Sale Certificate , Clear mentioned Masjid's Inam Survey number and sale that land.

4. Last important in respondants are produce certificate before the Senior Division Court Sale Certificate , Certificate is not under signed but seal of Collector.


what should we do?
which grounds we are challenge ?
we approach which court?

armaan kapoor   24 October 2013 at 12:14

Prayer

hi,
i hav filed a suit for specific performance in the high court.it is a case of part performance, wherin we are in posession. at the time of ad- interim relief my advocate pressed for early hearing of the notice of motion which was granted now my advocate is saying that our notice of motion prayer it does not bear the word "by due process of law" hence we would not get an injunction against dispossession, creating third party rights, disposing and obstructing peaceful possession.

experts pls guide me as it is the matter of my roof and every advocate is giving me a different advice.

Ram Mohan   24 October 2013 at 11:43

Interpretation of contract agreement terms - non competing period

Dear Sir / Madam,
I was engaged by an American company to provide management consulting services to their clients. For about 6 years, I was a regular employee. After 5 years, they asked us to sign an agreement and one of the terms was that I can not serve their clients for a period of 2 years after leaving / termination of the job. I was terminated one year thereafter on the pretext that they do not have enough business for us. However after 5 months they again approached and suggested to have work relationship with them on a contract basis ans another agreement was signed.
In this new contract, there is a heading of non competition with them but no period is defined and is silent.
I am giving below the full text of the said agreement and would be grateful to understand its implications in case I want to provide similar services to one of their clients. Kindly note that this new client was created only after coming to them on the contractual assignment and did not exist earlier. Now the question is- Can I start working with this client. Presently, I have again been terminated for this contractual alignment. Here is the text:
CONFIDENTIALITY, NON-COMPETITION AND NON-SOLICITATION

6.1 In order to protect the confidentiality and trade secrets of the COMPANY and the XYZ Group, and without prejudice to every other duty to keep secret all information given to him or gained in confidence, the CONSULTANT agrees as follows:-

6.1.1 Not at any time whether during or after the performance of the Consultancy Services (unless expressly so authorised by the COMPANY as a necessary part of the performance of his duties) to disclose in any manner whatsoever, to any person or to make use of any of the trade secrets or confidential information of the COMPANY/the GROUP;

6.1.2 To deliver up to the COMPANY at the end of the assignment, all documents and other materials belonging to the COMPANY or the GROUP (and all copies) which are in his possession including documents and other materials created by him/her during the course of the assignment, along with any copies thereof; and to irretrievably delete any information relating to the business of the COMPANY stored on any storing device which is in his possession outside the premises of the COMPANY. The CONSULTANT shall provide a signed statement that he has fully complied with his obligations under this Clause - 6.1.2;

6.1.3 Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the COMPANY/the GROUP except when required to do so in the course of his duties under the assignment in which event any such item shall belong to the COMPANY/the GROUP.

6.2 The CONSULTANT further undertakes to the COMPANY that:

6.2.1 The CONSULTANT shall not, either personally or through an agent, company or otherwise in any other manner, directly or indirectly:

(a) except on behalf of the COMPANY, call, canvas or solicit business or customers for services of a similar type to those being provided by the COMPANY, from any person and/or a firm and/or a company, who is or has been a customer or may be a customer of the COMPANY;

(b) induce or attempt to induce any supplier (or provider of service) of the COMPANY to cease to supply (or provide services), or to restrict or vary the terms of supply (or provision of service) to, the COMPANY or otherwise interfere with the relationship between such a supplier (or provider of service) and the COMPANY;

(c) induce or attempt to induce any director and/or employee and/or consultant of the COMPANY to leave the employment of/engagement with the COMPANY;

(d) approach a client of the COMPANY in an independent capacity or on behalf of a competitor of the COMPANY.

6.2.2 The CONSULTANT shall not at any time after the termination of this agreement and during the Non-Compete Period, directly or indirectly, without the COMPANY’s prior written consent:

(a) use or register or protect in any way any name identical to or likely to be confused with a name (including a trade or company name) previously or presently being used by the COMPANY other than as expressly agreed by the Parties in writing; or

(b) hold himself out as having any continuing connection with the COMPANY to the disadvantage of the COMPANY or in contravention of any terms and conditions of this agreement other than as expressly agreed by the Parties in writing.

6.3 The CONSULTANT acknowledges that the restrictions on competitive activity of the CONSULTANT set forth in this agreement are mainly to protect the value of the COMPANY and secure to the COMPANY and its shareholders the benefits of the business of the COMPANY.

6.4 The CONSULTANT acknowledges and deems the terms and conditions of this agreement, including the remuneration given to the CONSULTANT hereunder, to be adequate consideration for giving the undertakings contained in this Article# VI.

Best Regards and thanks in advance.

simran singh   24 October 2013 at 11:23

Wills

is a doctor certificate separately needed in a will or can a doctor attest in the will itself saying the person is a sound mind
?

GANGAM.RAJENDER.   24 October 2013 at 10:02

Partition dispute

the property belonged to my Greatgrand father,which was registered in the year 1930 and he was died in the year 1945.
MY GREAT GRANDFATHER HAVING TWO SONS AND ONE DAUGHTER.
1.elder son(grand father) having one daughter and one son all are got married,and he was also died in the year 1990.
2.younger son having one daughter and she got also married.
3.daughter having two sons and got married.
Q1.NOW THE DAUGHTER'S SONS WERE FILED THE PARTITION SUIT WILL THEY HAVE ANY SHARE IN THE COPERCENARY PROPERTY,IF THEY HAVE HOWMUCH SHARE WILL BE ALLOTTED ACCORDING TO LAW.
Q2.WILL THE YOUNGER SON'S DAUGHTER HAVE ANY SHARE IN THE PROPERTY,IF THEY HAVE HOWMUCH SHARE WILL BE ALLOTTED.
Q3. I AM THE ELDER SON'S DAUGHTER CAN I GET ANY SHARE IN THE PROPERTY.
Q4.IF ANY RELATED SECTIONS IN THE SUCCESSION ACT PLS PROVIDE SIR
PLS GIVE THE SOLUTION SIR.
THANK YOU SIR.

Anonymous   24 October 2013 at 04:52

Name Change

Hi,
My Name is Ravikumar Patel.
All educational document are in name of Ravikumar,
However master's certificate is in name of Only Ravi (not suffixed by Kumar).
As also I used to use Ravi as my name other than educational purpose like Bank etc..

Is it cause any problem in future for getting job, or getting VISA??

Do I need to Change Name?

I like to use my name as Ravi (not Ravikumar).

Should I need to change name for it?

madhur   23 October 2013 at 22:44

Pending the issue

is there any matter pending before the Hon'ble S.C. regarding three increment for LL.M./ post graduate judicial officer, who passed the degree during (in) the service ?

Mirudula   23 October 2013 at 22:43

Land grabbing case

Hi Experts,
If a case is in court and is pending for more than 5 yrs,can a land grabbing case be lodged in the anti-land grabbing cell?
Kindly provide the info, so that it'll be really helpful for us.

Thanks.