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

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RAJU   06 June 2012 at 17:37

Payment to third party

Hi,
I owe to a client and have to refund him some amount. he is not in country and had only once emailed me to make payment to his brother. They are 3 clients and only one of them sent me the email to pay to MR XYZ. The other two have not told me by written email. But the person collecting funds is insisting on me paying him for other 2 of them also. he is threatining me. i have told him i need in written from them but he is threatening me.what should i do???please let me know what is legally right?

rajinder ansh   06 June 2012 at 15:07

waqf property

in my case the waqf people are bent to open the gate of masque from the gali abstracting my way etc. i have filled a suit against them. now the waqf has filed the application for dismissal of the suit as being waqf property and civil court has no jurisdiction to try and entertain the waqf matter. kindly suggest with relevant law.


thanx

anil sharma   06 June 2012 at 13:11

Computer printout is an evidence?

respected sir,
I want to know that a computer printout of govt office which is not certified, can I use as an primery or sec evidence.
PLEASE GUIDE ME WITH YOUR COMPLETE VIEW'S AND DETAIL
THANKS
ANIL KUMAR SHARMA

MSC Shekar   06 June 2012 at 12:52

Info reqd. on writ petition rules for part relief obtained

In a Writ Petition Petitioner (private individual) actual claimant for a property, Respondent involving a Registration Department. Writ is filed of obtaining records regarding property.

The District Registrar without filing a counter affidavit made a false statement in the Hon'ble court that the concerned records were filed in some trial court and hence the same was not furnished to the petitioner.

The fact here is that there is some records filed by the District Registrar in the trial court which only part of the relief what was claimed by the petitioner.

The High Court gave direction to that trial court to give copy of records to the petitioner and writ petition was disposed off. The order of the High court was in favour of the petitioner, But only part of the relief was obtained by the petitioner.

The petitioner has not gone for appeal on this for over 3 years of time as it is the order favouring the petitioner.

Later it has come to the knowledge of the petitioner that some other information that was required in the above writ petition is available in the High court Registry itself.

The petitioner made a RTI application to the State PIO, High Court for that information. The State PIO, High Court dismissed the RTI application citing cumbersome search of records is involved as the reason under section 7(9) of RTI Act. The earlier WP no. was also cited in the RTI Application.

Now the query is can a Writ be filed on the High Court Registry for release of information under the RTI Application?

The trouble here is the related writ was taken up and disposed off by the high court in favour of the petitioner, though the petitioner has obtained the relief the relief was not complete due to the false statement made by the District Registrar in the High Court.

Please advice.

Thanks in advance.

Mohan   06 June 2012 at 12:13

Fraud builder-

Resp. Sir,

It is mentioned in my SA that builder shall complete all statutory formalities and convey flat by 30/06/2009. I have paid Full Consideration. To this day he has not been able to do the Sale Deed  bcoz the BBMP has refused OC to the building. He keeps saying that he is trying his best and is making every one wait indefinitely. There is also a penalty clause in SA which he is not honouring. In the meanwhile he has given possession of flat and I am living without any documents like khatha, sale deed etc., The owners of the land are threatening to evict me.

Now my question is whether this case will be barred by limitation at NCDRC? Value of suit > 1 cr. How to calculate limitation period in this case?

I cannot afford to go to civil court paying heavy court fees, delays etc.,

Please help me. If you have any citations pls send to me urgent.

Thanks and regards,

Hitender Datt   06 June 2012 at 12:12

Mental harassment at workplace

I am working as a Sr Software Engineer in CRIS (A Society under Ministry of Railways, GoI) since 08/06/2009. I joined this office on 08/06/2005 and working in OAEW group. This group is headed by GGM/OAEW.
We used to have an interdepartmental Cricket competition till last year. I was member of my groups team. On 25/12/2010 I had a fall while catching in the finals of our interdepartmental competiion. Due to that my right clavicle (shoulder bone) was broken and I had to seek doctor's advice. Due to it I was unable to attend my office for some days. I joined office 21 days after accident even though doctor advised some more rest and start performing my duties to the best of my capability. I was back to 100% fitness couple of week later. But after that incident I found a strong change in the views of my seniors towards me. My GGM called me "Lula Langda" more than once in front of others although I had no physical problem. One of my senior called me "Sadist". I tried to cope with such abuses but I found them very hard to digest. Sometimes they call me "Destructive". I don't know why they used such a foul language. I have very good relations with my colleagues and other persons also. But beside these couple of seniors no one thinks bad about me. They even started finding little mistakes in my work and then exaggerate/overstate those things.
Things are going beyond my control and such remarks and abuses keeps me in constant worried state. I can not talk to them over these things as that will provide them excuse to spoil my ACR and other things. Kindly suggest me what best can be done?

Nik   06 June 2012 at 00:54

Misuse of b1 visa by my company

Hi There,
I am an Indian citizen, was employed with a US based MNC as a IT manager in one of their Indian facility (India Pvt. Ltd.). Last year I escalated my concerns about misuse of US B1 VISA by my organization to senior executives but I ended up being plotted in a false petty allegation and was terminated. I have filed a Suit for Declaration with Indian judiciary about my termination. I also intend to file another case that this company is un-ethically using B1 Visa's instead of H1B VISA's.

My organization sends employees on B1 visas to U.S. for specific full-time job at their US office. All these associates travelling on B1 do coding and other full time technical job during their US stay. Earlier they used to pay these employees 38$ + Airfare, stay, cab and phone expense. Now they have increased it to 100$ + Airfare, employee has to take care of their stay and other things by their own.

They hardly send anyone on H1 or L1 (May be 1 in 100) instead people used to travel on B1 and even now if they are not getting as many new B1 VISA they send same people repeatedly who already have valid B1 VISA.

Key documents/emails which I can share are;

1. Email chains with US managers on travel planning for the team members and why we need them in US.
2. Emails on assigning/tracking work assignments of associates during their US travel and stay.
3. Travel Authorization forms Signed by Managers, Directors and CIO. (Travel Auth are Internal documents and some of them has actual reason of travel)
4. Visa Invitation Letters prepared by US Managers. (Some of them clearly contradict the Travel Auth Letters)
5. Communication mails from admin/HR guys on what to say and what not to say during B1-Visa interview.
6. Also have a email where one of the IT Director and US Manager were discussing the content of the "Travel Auth Doc", US Manager has entered that the associate travelling to US will be working but our Director wanted to change it to training.

Can anyone guide or help me with this case. What are the formalities required and if I can file a case like this with Indian Law

Thanks,

free legal service   05 June 2012 at 21:52

Loa

what is d diference between LOA n probates of will.i want to know one basic diference betwn it.may be LOA can be taken by anybody but probates must be by excecutor and benificiary.IS IT CORRECT

Kamalakkannan   05 June 2012 at 14:37

Ult ceiling

A land in perumalagaram village is under acquisition by Urban land tax Dept of Chennai on 1996. What is the procedure release the ceiling no?

AAK   05 June 2012 at 14:24

Calculation of cidco property value while transfering

Dear Experts please advice

My client XYZ is intending to purchase a commercial unit in Mumbai which is situated at CIDCO leased out land (Transfer of . My client is purchasing out-rightly immovable property with all machinary and equipments for Rs.10XXX/-.

I want to know whether the stamp duty is to be paid on entire Rs.10XXX/- or we can segregate the value of the land and machines and pay stamp duty on land only. OR whether the CIDCO has any special kind of prefixed price for the same.