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

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iqbal Singh   24 April 2013 at 12:44

What is the effect of quashing of a clause by the supreme court ?

Recently in a Civil Appeal No.1902/ 2010 ,the Apex Court on 11.02.2010 upheld the decision of the Gauhati HC in WA 7 of 2006) vide which the High Court quashed a DOPT OM to the extent that only those Superintending Engineers will get the pay scale of Rs 14300-18400 who have completed 9 years of regular service as EE in Organized Group 'A' Engineering Services. In compliance of the SC's Judgments, the DOPT issued a fresh OM dated 29.12.2010 containing revised eligibility criteria. But few Ministries are still insisting upon the said eligibility criterion on the ground that their Service Rules have not been amended till date. Is it permissible? If so, the Ministries will enjoy unfettered powers to act against the Order of the SC till such time they notify their Recruitment Rules. Please advise.

vikram patil   24 April 2013 at 12:34

Information

counter claim means what
explain me in detail

Neetu Gupta   24 April 2013 at 12:06

Eviction under delhi rent control act

I filed a case under the Delhi rent control act as the tenant in my house was not paying any rent to me and also was not vacating my premises even after number of reminders. on 14 April 2009 my lawyer filed the case against the tenant. However the tenant did not responded to the case. thereafter the lawyer from my side filed the petition for the eviction of the tenant. Now on 20 April 2013 my case was dismissed by the Court on the grounds that my lawyer filed the petition for eviction before the expiry of 60 days after the dispatch of notice as per section 15(7)of Delhi rent control act no one can file the said petition before expiry of 60 days.

Now i just want your help if there is any such order passed by any of the Hon'ble Court where the verdict has been given in the favor of the landlord when the petition for eviction was filed before the expiry of 60 days.
It would be a great help if i could get any kind of help in form of any such case decided in the favor of landlord.

I will be highly obliged.

Thanks and Regards

Ganapth   24 April 2013 at 11:34

How to get stay on fathers property

Dear Sir

my father is Govt employee retired on the year 2000, we are three brothers and one sister for our father lived as joint family. we 3 son started earning from 1993 and our all full wages handed over to our father till 2003,(few money transaction to father has been done by bank cheque)
father bought several lands in his name during this period and registered in his name, all these land are bought by our money given to father,
at present our father is 73 year old and wishing to sell these land with out our concern , how to get stay for this property and how much it will cost please help us we are living in Tamilnadu Trichy
Ram Laksh


vikram patil   24 April 2013 at 10:45

Information

i want information
the matter is ,one person was taken amount near about 4 lakhs from his friend in 2011 and given him security cheque is amount of 1 lakhs, then he returns said amount in 2012 ,he fergot said cheque take back, now that person dishonestly produce in court, now what will happen in court
and what to do now

rahul pruthi   24 April 2013 at 10:16

Car parking in front of my house

i am living in L.I.G Flat on ground floor but my neighbour on 2nd floor and third floor parked their car in front of my house on ground floor i dont park my car in front of my house becoz the lane is very narrow due to this my neibhour find this advantage of vaccant space and parked their car and scooter ...even on the day time they parked their car ...due to this sweeper of that area not able to clean my front space of my house....and even no other vehicle can pass through in emergency instead of scooter...i wnat to know that being on the ground floor can i stop this ...or the 2nd and third floor also got the right to park their car on the ground floor...in front of my house ......i need my space vaccant.....please advise....i ve told them not to park their car in front of my house but they r saying we r also living on 2nd floor we can park our car on ground floor ...is it correct...

anusha   24 April 2013 at 09:30

Civil death

Dear experts,

my client's wife was missing 40 years ago. they never lodged any complaint or gave any newspaper advertisement. now the property is in the wife's name and it has to come to the legal heirs. how to file a suit for civil death without any supportive document. or only if an affidavit from relatives and friends is sufficient? only if an affidavit is produced as supporting document is the suit be maintainable? please suggest any other alternative.

N.J. MISHRA   24 April 2013 at 09:30

Refund of donation amount

Can student also claim refund of donation amount along with admission fees from educational institte through court of law, paid at the time of seeking admission.

Please member assist me

Ramesh Sharma   23 April 2013 at 23:38

Law against lawyer

Dear Sir,

My neighbor in my native place UP is a lawyer in Tehsil. I am trying to repair the wall of my house but he is not allowing that. There is 6 ft gallery separating my wall and his wall. More over, there is no case or stay against my house or land on which house is built (its more than 30 yr old). ofcourse there is a property case on other piece of land with him and he is forcing us to withdraw that case to allow repair of wall. When my brother tied to repair it he falsely fabricated a case against him and lawyers in Tehsil also favored him, as a result no one came forward to bail my brother and he was sent to Jail u/s 151.

My query is:

1. Is doing repair illegal when there is no case against my property
2. Why other lawyers are favoring my neighbor? could they be informed or there is some power they have?
3. The problem is, they go to Police Station in group and Police seems to be helpless and this is scary for us.
4. is there any law to safeguard our rights

We are educated but not lawyers and need expert advice if there is any law to deal with such situation?

Thanks very much for your kind advice and help.
Ramesh Sharma

Piyush Vaishnava   23 April 2013 at 23:02

Will without transferable right

A do a will in favor of B for P property, but A never having title for P property, while property was earn by father of A and how C (brother of B) take his paternal part and challenge the will?