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

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Anonymous   27 August 2016 at 09:39

Termination biased decision

Dear experts I would like to seek your advice . have successful work experience of 14 yrs was hired by a organization on good salary package. Within 6 months I started doing good. Simultaneously my manager joined and within 3 months of his joining he started envying me. He was an arrogant misbehaved person. I was cornered and he started taking interest in my department and than justified the company he can handle my department too. I wrote a mail about his arrogant behaviour and he causing mental pressure to higher management. Nobody answered addressed my grievances. They asked me to put willing resignation which I denied and reported the case to ministry of women and child welfare. They reacted and terminated me on basis of non performance which is not true. I filed a civil suit. Can somebody suggest me how does the case gonna proceed. Company has not paid my salary and because of termination no.company is ready to hire. Please suggest

Shalini Sharma   26 August 2016 at 01:38

Execution

In an ecxecution of DV Act maintenance , the trial court is acting very lienient towards, JD. Approx more then 3 lacs of arrers pending and he is not even giving monthly maintenance. Trial court issued warrents many times but no arrest is being done. Can DH go to sessions /high courts against the delay in proceedings of trial court???

kush   26 August 2016 at 00:13

Nbfc has put old loan under surfaces act

Sir if loan is of june2013 can nbfc put it to surfaesi act.Loan is of three years old and Award is also passed.

Rasheedkhan   25 August 2016 at 18:22

Crp pending

Dear Sir,

CRP pending at High court, Madras for restore suit, District Munsif court conducting trial my question is judgement will be issued by District Munsif court or awaiting for High court judgement.

NAHARUL   25 August 2016 at 14:52

West Bengal tenent law

Thank you all for your valuable advice given against my previous query.But on 20/08/16 son of landlord threaten my father by saying that " they will occupy one of room of said flat showing illness and for better treatment of his father and after that they will forcibly evacuate the said rented flat where my father lives." PLEASE SUGGEST US THE NEXT STEP TO DO BY MY FATHER.The landlord has property and very close relatives lives within the premises of the said rented flat and landlord lives within 18 km of the said rented flat.My father had a legal agreement paper where duration of tenency is not mentioned and made on august'2001 with effect from September'2001,but billing starts from july'2001.PLS ADVICE.

Suraj Vishwakarma   25 August 2016 at 11:30

NI Act 138 time limit crossed

Dear sir please help me on the following. I had supplied the goods to one person for which i have bill and challan copy. Same the cheque was issued from that person and it was dishonored in bank. With help of my friend i issued notice to him, he had not replied for my notice. Now the limitation is already crossed as i issued notice in march. Sir how i can recovery my money from them can i file the summary suit against him thus it is maintainable by the Court. For filing summary suit again i have to give note to opposite party please help.

Hari gaddam   25 August 2016 at 08:38

Insolvency petition

SIR .I am a student pursuing CA.my query is how can an insolvency petition can be filed.what are the procedural aspects?what conditions are necessary to be fulfilled for filing?

Jeevitha   25 August 2016 at 06:55

Withdrawal of court case

Hi I was recruited for govt service as asst prof.in Jan 2015. But the recruitment included many other depts and case was filed questioning recruitment services of 2 depts. One guy got a status quo and our recruitment was stalled even though there was no case on my dept. The other case was linked to this case. After 1.5 years now the party with status quo has filed a memo for withdrawal as he has got another job in the same govt college although the other case still remains. My queries are even though the memo has been filed for withdrawal on 18/08/16 there has been no action from the court yet. May I know the reason and exactly how long it takes for this procedure? If the case with status quo has been withdrawn will the status quo be removed or will it continue as there is another linked case with this case??

Anurag   25 August 2016 at 01:33

Remedy for defendant in eviction suit passed ex parte u/s 34 of spr act 1963

The case relates to leave and license agreement between us and the owner for a period of 11 months (unregistered agreement). after the expiry of the period of 11 months the agreement was not renewed and we continued to stay in the flat premises and pay the pre-decided compensation amount of rs 5000 to the owner regularly for a span of 2 years after the expiration of the leave and license agreement. The owner did not object to it and continued to receive the said amount. after a span of 2 years he told us that he wanted to sell the flat premises and hence we orally informed him about our intention to purchase it. Later on we sought time to verify the title of the premises and meanwhile did spend a sizable amount in renovation of the flat.( we have the reciepts of the expenditure incurred on the renovation, paint, repairs ). while verifying the documents of the title we came to notice that the tax receipts and the electricity bill is in the name of someone else and we informed this to the owner. thereafter He sent us a legal notice seeking possession of the said flat to which we replied in our legal notice that the title of the premises is not clear and hence we do not want to proceed with oral agreement for sale as decided earlier. Subequently, we came to know that the title of the flat is not clear and we did not proceed with the oral agreement for sale. he filed suit for eviction and recovery of damages under section 34 of the specific relief act. Suit is decreed ex-parte, where we are told to hand over the possession as well as pay an amount calculated 10,000 per month from the date of filing of the suit till the final judgment ( 16 MONTHS APPROX). execution of decree proceedings are pending for adjudication. what can we don now?? thanx for the advice in advance.

Bhupendra Kumar   24 August 2016 at 20:47

Reg: 101 maintenance case filed by society

Sir or Madam

My parents have been fighting a case against the society since last 20 year. The case is currently in High court and has been pending for final hearing from last 5 years.

High court has ordered the Society to submit a fresh account with regards to maintenance and other dues as per the By-laws. But Society has failed to do so in spite of several reminders for last 5 years and just want to drag the case purposely.

My parents can no longer fight this case due to old age and now I want to know what are my legal option available. Can I file a criminal or contempt of High Court Order case in order to expedite proceeding.

Below is the judgement of High Court as I am unable to attach the file.

I would greatly appreciate your feedback on the further course of action against Society.

Thanks
Bhupendra Kumar
bkkumar9638@gmailcom

Bombay High Court
ash 1 wp-6880.10
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6880 OF 2010
Office Notes, Office
memorandum of Coram,
appearances, Court’s Court’s or
orders or directions & Judge’s orders.
Registrar’s orders.
Shri Amol D. Joshi for the Petitioner.
CORAM
: A.S.OKA, J.
DATE : 4TH OCTOBER, 2011
P.C.:

There was a recovery certificate issued under
Section 101 of the Maharashtra Cooperative
Societies
Act, 1960 in favour of the Petitioner against the first
Respondent for recovery of certain amount. By the
impugned judgment and order passed by the Revisional
Authority, the recovery certificate has been set aside.
Instead of ordering restitution of the amount recovered
under the recovery certificate by the impugned order, the
Divisional Joint Registrar has permitted the Petitioner to
adjust the amount received by the Petitioner towards the
amount payable by the first Respondent to the Petitioner
Society.
::: Downloaded on - 24/08/2016 19:31:38 :::
Bombay High Court
ash 2 wp-6880.10
2. The Petition has been admitted for final hearing.
Prayer for staying the clause (3) of the operative part of
the impugned judgment and order cannot be granted for
the simple reason that after setting aside the recovery
certificate, instead of ordering the restitution, the
Petitioner has been granted facility of adjusting the
amount received by the Petitioner Society under the
recovery certificate towards the other dues payable by
the first Respondent. It is obvious that the adjustment
will be subject to final outcome of the Petition.
3. Subject to what is observed above, no case is made
out for grant of interim relief. Adinterim
relief stands
vacated.

(A.S.OKA, J)