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

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AJIT KAWATKAR   02 September 2013 at 00:00

Revenue stamp receipt as evidence

we purchased ppty by paying full consideration from land lady [1991] "receipt on REVENUE STAMP with promise to undertake SALE DEED in near future " was obtained. unfortunately the land lady died without signing SALE DEED.

The possession was given to us we with our own cost constructed bldg. [6 blocks] The assessment order & ppty tax receipts also Electrical connections are on our names[on the basis of NOTARISED NOC from land lady]
Now after 19 yrs on the basis of mutation
the heir is demanding huge sum for pending
sale deed or else threatening to sell the ppty to 3rd party.
Q if situation demands AS OUR DEFENCE can we produce REVENUE RECEIPT [as said above] & NOTARISED NOC; ASSESSMENT TAX RECEIPTS ?
Q since 19 yrs have passed without any
objection/notice can claim ADVERSE POSSESSION ?

rajeev   01 September 2013 at 22:09

Resolution in society

Dear sir,
I am secretary of saraswati foundation which is registered under SR ACT 1860.it is already mentioned to open a school as an objective in society bylaws ,i want to pass a resolution to open a school namely SARASWATI SECONDARY SCHOOL.Is the resolution passed to open SARASWATI SECONDARY SCHOOL under the name of my society saraswati foundation legally valid or no ?

Shumaila Altaf   01 September 2013 at 20:43

Limitation

Greetings!
an application for condonation of delay has been allowed by the hon'ble court. i am the non applicant and i filed objections to and also argued the application. my contention was that the application does not disclose any reason for the delay much less sufficient and in these circumstances cant be condoned. the applicant's counsel also admitted that they they had no reason for the delay. but the hon'ble pronounced the order in open court immediately after arguments, allowing the application. i submitted before the hon'ble that no reason has been shown.. but the hon'ble judge said i will allow and you can do whatever you want. what remedy do i have?

Ayush Sharma   01 September 2013 at 17:23

Wrongful termination of employment (management position)

Hi,

I was wrongfully terminated from employment by a private multinational company. The fact of the case is as follows:

1) I was on a management position. Thus i think the labour laws are not applicable in my case

2) The company issued me a suspension letter stating that I have violated clause 20.1 and 20.2 of the code of conduct.

3) My laptop was confiscated by the company.

4) I sent a letter to the company stating that the suspension letter does not provide any specific charge against myself. I also asked the company to provide the copy of the code of conduct (as I did not have access to the same, since my laptop was confiscated)

5) The company did not provide the copy of the code of conduct and sent another letter stating that (a) I had traveled on a personal holiday with a company vendor and (b) This may have resulted in my acting in a prejudice manner while conducting an inquiry in alleged over-invoicing by the vendor. I was called for meeting on the next day of receipt of this mail.

6) Inspite of short notice I went for the meeting and presented (a) Copy of my credit card statement proving that the cost of above trip was borne by myself and (b) submitting that the since the case of over invoicing by the vendor was initiated and discovered and escalated by myself only, the charge of prejudiced is not tenable.

7) The CEO in the meeting said that i need to resign otherwise the termination letter is ready with them

8) I refused to resign and they terminated myself after a few days.

9) As per my employment contract with the company, they can terminate myself (a) without cause with 1 month notice or (b) in case of misconduct without any notice

10) My termination was under clause (b)

Now based on above facts my questions are as follows:

a) Can I challenge the termination? as the principals of natural justice was not followed and the company acted in a prejudiced manner.

b)Will section 14 (1) b of specific relief act applicable on this case.

c) Can i take any other legal Acton against the company?

Please help.

Thanks,

Ayush

sandeep pilania   01 September 2013 at 11:54

mentaly harassment in job

I was working as a clerk in unaided cbse school and terminated from my job & i get stay from high court. Now i joined my duty as pet court stay order and case is in proces .but the school management not willing to keep me on duty. They are not giving me any work on my duty and refused to entire staff to talk to me. How can i do my duty in this situation and what legal action can be taken against them.

RAMJI   31 August 2013 at 20:00

what next if petition under order 7 rule 11 dismissed


In one of the civil suit im the plaintiff, there are 8 defendants and 6 of them is set exparte since beginig, now 2 defendants filed W.S and one of them filed an I.A (petition/affidavit)to reject plaint u o 7 R 11.
I filed counter, Petitioner argument over and respondent argument also over, respondent filed a detailed written argument also.. date fixed for orders by the court( 15.09.13)... im confident that IA petition will be dismissed and the aggreived party is likely to go to High Court for either CRP or for Stay against the main suit proceedings with malafide objective of simply delaying the trial on suit...... in this situation, my queries are:

1. Meantime, can any of defendants go to High Court for filing CRP SIMPLY TO STAY ON SUIT AT LOWER COURT WHILE THE ORDERS ARE YET TO BE PRONOUNCED BY LOWER COURT(which may be on 15.09.13)?

2. The LOWER Court passing orders on IA,can it postphone the orders for any reasons?

3. Can the Plantiff, file a Caveat at High Court AS A PRECAUTION TO AVOID LAST MINUTE RUSH BEFORE EVEN ORDERS PRONOUNCED BY LOWER COURT?
4. IS THERE ANY FORMAT IN CPC PRESCRIBED FOR CAVEAT APPLICATION ?

5. any other views pls

Regards
Ramji


vinodkumar   31 August 2013 at 15:06

Cpc order 23 rule 3

I FIEL A CIVIL SUIT FOR PROTECT MY THREE SHOP DEMOLITION BY MUNICIPAL CORPO,AFTER SERVE TO NOTICE OF COURT THE MUNICIPAL CORPORATION FILE A ANSWER THAT THEY NOT NEED THAT THREE SHOP, AND THEY CANT DO ANY DEMOLITATION IN THAT SHOP, WHAT I REQUEST COURT FOR CONSENT DECREE, CPC ORDER 23 RULE 3

vinodkumar   31 August 2013 at 14:54

Bombay rent act

SINCE 1955, MY FATHER AND I TENANT IN ONE HOUSE, I AND MY FATHER PAY REGULARLY THE RENT, BUT SINCE LAST FEW MONTS THE OWNER NOT ACCEPT THE RENT, AND WITHOUT ANY NOTICE HE FILE A SUIT FOR VACATE POSSESSION OF RENTED PROPERTY, I FILE MY ANSWER AND DEPOSITED THE RENT IN THE HRP SUIT, BUT MY QUERY IS THAT, I ONLY DEFEND THAT SUIT, OR FILE ANY ANOTHER SUIT [ COUNTER CLAIM] AGAINST THE OWNER FOR PROTECT MY TENANT RIGHT ?

yogesh bhoge   31 August 2013 at 12:05

Consumer protection act

Can i get some latest case laws of Supreme Court on the consumer protection act. thanks

Bhimreddy   31 August 2013 at 09:06

Encroachment

We have a old house of about 200 Sq yds which was to be divided into two halves as per will . But my brother without my consent dismantled more than half of the property and started construction. How to stop this illegal construction which is coming into my share of property. What are the remedies available for me. I am poor and what amount I have to spend for court fee etc., The property is at Hyderabad. I Thank one and all Advocates who replies to this query and help me in solving this dispute.