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

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Rajesh dembla   22 September 2012 at 12:55

Limitation of arbitration

The dispute arise between me and my distributor on following particular:-

1The cause of action arise on 31.03.2005

2.The complainant(distributor) give legal notice for appointment of arbitrator as per our distributorship agreement on 31.07.2007.In tyhe notice it is mention that cause of action arose on 31.03.2005.

3.WE gave reply to their notice on 23.08.2007 that we are not accept the name of arbitrator in notice.

4.The complainant file section 11 application on 10.10.2007 for appointment of arbitration.

5.The high court appointed retd.justice as arbitrator on 24.07.2009.There was no direction of date for appearing before the arbitrator.

6.The complainant after 2 year 11 months dated 22.06.2012 appeared before the arbitrator along with order copy dated 24.07.2009 for interferance in this matter.

7.We have not appeared in the matter till date and neither he has filed the claim petition before the arbitrator.

Kindly suggest if this matter time barred or not...Pls provide some citation if time barred

Vipul Somani   21 September 2012 at 22:32

Environment protection act.

Environmental Impact Assessment Certificate, was obtained after the completion of the building construction. Can the builder be suied for not taking Certificate before starting the construction activities.

Prashant Kumar Jha   21 September 2012 at 21:03

Land acquisition

Dear Sir
Can any Ld Lawyer from Rajasthan pls let me know the process of Land acquisition, for a industry power industry, from pvt land holders, purchase of revenue land, & what is the local name of mutation clerk etc, abt rajasthan tenency acts.
matter is urgent

shivkumar   21 September 2012 at 17:34

Court fees.


In case of filing a money suit for recovery of monies, what is the ammount of court fees is to be paid? Fixed ammt OR % of money claimed.

ALSO, What ammount is to be paid as court fees in case of appeal against the judgement in of the original money suit

Amrit Dubey   21 September 2012 at 16:31

Money recovery

One of my friend has took the reliance post paid sim which credit limit was 1200 rs. he became the defaulter with the bill as he says that the company has never sent him the hard copy of the bill nor he asked the company. and now company had sent him a legal notice through pre-litigation for settlement as the amount of bill is now rs.2371. so can he avoid to pay the bill at this stage. or if he is ready to paay can he allege to pay only up to his credit limit that is of 1200 or can he escape his liability just by paying a mere sum..of 200 rs.

Nikhil bhagat   21 September 2012 at 14:28

Need help reagarding intestate death of father


My father died recently suddently due to illness at age 56. He left no will and hence no assigned executor. I live with my younger brother n stepmom (my mother died 6 years ago) .

The problem is how to find all his bank accounts, NSC policies that he had kept safe. Since there was no such urgent need when he was ill he had only mentioned roughly that he had 10-12 such policies n his life's savings for our future after his retirement from big MNC.

After looking through all papers i only found some lic policies n few bank accounts with little money in them but could not find any info on these NSC certificates or his main savings account which i m sure would be somewhere "safe" that only dad knew about.

I really need help finding these assets n to know if there are any other accounts he forgot to mention about. Is there any search facility via Rbi or something to find all accounts under his name? also about any other policies or such investemets?

What is the procedure to transfer the assets to the heirs? During re marriage it was cleared with my stepmom that she wont be a part of heirs in the future so do i need to sign the relinquishment agreement from her.

Thanks in advance for help
Nikhil

Member (Account Deleted)   21 September 2012 at 11:00

Review u/s 114 cpc

Learned Experts------
what is the meaning of the expression "Any person aggrieved" u/s 114 of CPC?
Does it mean a party to the suit? Or a person who wasn't joined as a party where he should have been joined? Or does it mean any person, whomsoever, is aggrieved by the judgment?

pankaj kapoor   20 September 2012 at 20:27

Will matter

sir, In our will case the main petitioner don't admit the original sale deed in the name of my dadaji in admission and denial but he submit the photocopy of house tax receipt, photocopy of electricity bill,photocopy of waterbill in the name of my dadaji and submit the photocopy of construction record get from the mcd and dont submit a single document related to joint hindu family.because i dont understand if he is not admit the original sale deed of the property why he is attach the documents in the name of dadaji.We have submit all the original documents related to the property as i mention above.My dadaji property is self acquired. my dadaji and my father are earning in individual capacity.My dadaji and my father paying the incometax in their own capacity. My father(defendent) who is working on that time in gov department and the main petitioner who is also working in public sector company who is my uncle(petitioner) also paying income tax in his own capacity.The property was more than 40 years old.All uncles are paying the incometax on his own capacity.can he prove the joint hindu family whithout submit any document.

Thyagarajan   20 September 2012 at 20:20

Contempt of court

Dear experts
There is a prerequisite that 10% of land that a builder proposes to develop as multi storied building to corporation of Chennai for creating a park, for getting planning approval from CMDA. Though the condition was met with no park was made. On interference of the High Court of Madras, corporation started making the park. On the maintenance issue, the court gave liberty to the association, to make a fresh petition if it is not settled on completion of park.
On completion, much against rules, as explained by court, corporation decided to maintain the park. I made a RTI petition to PIO and then to appellate authority to know on what rules it took decision. There was no response. The issue was taken up with State Information Commission and the Corporation had no regards even to reply to SIC’S orders.
Can SIC which is treated as Civil Court, treat the action of corporation as contempt of its order or should the association approach High Court on fresh petition on grounds maintenance issue was not given to it as per rules?

Ramesh   20 September 2012 at 20:13

Is it true ?

Dear experts of the forum,

I have an extracts from some web site. kindly , give clarification in regards to "FEMALE CHILD CANNOT BE TAKEN ON ADOPTION".

Extract as given below:

FEMALE CHILD CANNOT BE TAKEN ON ADOPTION

ADOPTION VALIDITY

AIR 2006 SC 3275, M. Gurudas & Ors. VS Rasaranjan & Ors.

To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony. Performance of `datta homam' was imperative, subject to just exceptions.

Regarding the question whether adoption of a daughter was permissible in law, it appears that trial Judge missed the last sentence of the passage of Mayne's Treatise on Hindu Law and Usage "it is now settled that the adoption of a daughter is invalid under the Hindu law." In section 480 of the treatise, it is stated that the person to be adopted must be a male.

Mayne's Treatise on Hindu Law and Usage, 13th edition, pages 429-430: "Adoption of daughters Nandapandita in his Dattaka Mimamsa would construe 'putra' (or son) as including a daughter and he draws the inference that on failure of a daughter, a daughter of another could be adopted. He supports his conclusion by referring to ancient precedents, such as the adoption of Shanta, the daughter of King Dasaratha by King Lomapada and the adoption of Pritha or Kunti, the daughter of Sura by Kunti Bhoja. This view is sharply criticized by Nilakantha in the Vyavahara Mayukha. It is now settled that the adoption of a daughter is invalid under the Hindu law."

In Mulla's Principles of Hindu Law, 17th edition, page 710, it is stated: "488. Ceremonies relating to adoption (1) The ceremonies relating to an adoption are (a) the physical act of giving and receiving, with intent to transfer the boy from one family into another; (b) the datta homam, that is, oblations of clarified butter to fire; and (c) other minor ceremonies, such as putresti jag (sacrifice for male issue). (2) They physical act of giving and receiving is essential to the validity of an adoption; As to datta homam it is not settled whether its performance is essential to the validity of an adoption in every case. As to the other ceremonies, their performance is not necessary to the validity of an adoption. (3) No religious ceremonies, not even datta homam, are necessary in the case of Shudras. Nor are religious ceremonies necessary amongst Jains or in the Punjab."

Thanking you ALL.