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

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Md Shadab Ansari   20 June 2010 at 10:52

Need Judgement.

Dear Learned members, i need judgement for the following circumstances. My friend has given his laptop to the company for battery problem(it was under warranty). The company delayed the delivery almost 3months.My friend filed a case in consumer forum and in reply the company said that the laptop was lost by the courier company so it is not liable for the compansation as it was due to the act of third party. The computer company did not informed us about this before but after the institution of the case. So i need judgements for the following circumstance.
Regards
Md Shadab Ansari

siddhartha pydipati   20 June 2010 at 10:31

bhopal gas case

what is this controversy over the judgement of bhopal tragedy? as mr.balakrishnan,chairman of NHRC rightly said,the punishment depends upon the intention of the person to cause death.is there any chance that high court or supreme court award higher sentence to the guilty?

Anonymous   20 June 2010 at 10:19

Co-operative Housing Rules and Issues

Can this forum be used to query about issues related to co-operative housing society? Is an expert available to answer? Pls. let me have your reply ASAP.

Thanks and regards.

Vijay Menon

INIYEN SENDIL.K   20 June 2010 at 09:51

CANCELATION OF GENERAL POWER OF ATTORNY AGENT

DEAR EXPERTS,
(A)THE LAND LORD EXECUTES THE POWER OF ATTORNEY TO THE AGENT (B)AND(B)EXECUTES A REGISTERED SALE AGREEMENT WITH (c)THE PURCHASER.(A) CANCELED THE POWER OF ATTORNEY DEED WITH OUT COMMUNICATING B AND C.
SIRS I WANT RELATED CITATIONS FOR THE ABOVE CANCELLATION OF POWER OF ATTORNEY BY (A) IS NULL AND VOID ,IT IS VERY URGENT.

salemtnin@yahoo.com

Amandeep Singh   20 June 2010 at 09:07

Pls explain the meaning of the context.....

An arbitration award passed by the district court but later on challenged by one of the party to the award claiming false claims in addition to what is awarded in the award to that party. In order to avoid litigation & to buy peace of mind the other party entered into a compromise to settle the false claims and some amount is decided among the parties to be given to the party who had challenged the award. Now my question is whether this decided amount is the only amount to be given to that party i.e the amount of the false claims made or that amount to be given in addition to what is already awarded in the award.The statement in the Compromise deed goes like this:
"On the receipt of Rs549000 all the claims of Mr X (who had challenged the award)in respect of the movable & immovable estate of Mr.Y will be fully settled and nothing shall remain due after that."
The compromise is part & parcel to the arbitration award.
Pls answer that only these accepted false claims to be fulfilled or the thing already awarded in the award along with these false claims to be met.Because the property awarded to that party in the award has not yet transferred to that person's favour in the govt records.

Anonymous   20 June 2010 at 06:23

Summary Suit

Whether application for leave to defend cum written statement can be filed prior to the service of summons for judgment. or the application should always be saperate as per the provision? give some citation on this point?

tusharcosmic   20 June 2010 at 04:19

RTI to ask Govt. why it gives dates instead of justice ?

We go to the courts for justice and they give us next dates of hearing.
Can we ask the Govt. through RTI that under which constitutional law they go on evading justice to its people?
If yes please tell me the procedure in details.

For Legal Fighter-- There's need for speed, but legal system is not a factory

There are too many pending cases, particularly in the district of Mumbai. The number of magistrates is too few to cope with the workload.

The Bombay high court has recently ruled that “there is, therefore, the need to augment the judicial strength in the city of Mumbai… But the legal system is not a factory where production goes on continuously for 24 hours”.

A division bench of justice FI Rebello and justice Amjad Sayed said, “Even if additional posts of judges are sanctioned, other facilities and staff be recruited, there is acute shortage of buildings to house the additional courts and the staff.

“The high court, no doubt, does from time to time propose to the government the need for additional manpower, as also infrastructure. The budgetary provisions made by the state government for the last few years, do show an increase. But, it is not adequate to meet the floodgate of litigation…”

The judges made the observation while hearing a PIL filed by a Bandra-based engineer, Anil Gidwani. They went on to add, “The Maharashtra government has sanctioned evening courts. The high court has started the process of evening courts. Still there is need for more regular courts, as it may not be possible for the same judge to work Monday to Saturday, for long hours. This ultimately is bound to affect the quality of justice.

“Apart from that, if a judge is away from his family for longer hours, then it might affect family relationship. The legal system is not a factory where production goes on continuously for 24 hours.”
Gidwani had filed a PIL in 2009, saying that the judicial system needed to be reformed. After he wasted three years in litigation over an alleged illegal car parking, he moved the high court, asking it to intervene and check the administration of magistrate courts.

Gidwani had raised several grounds, to which the registry of the high court was directed to respond. The petitioner had queried whether a trial for an alleged parking violation should go on for 21 months. The registry replied that it was required that trials be completed at the earliest, having regard to the nature of petty offences, overall pendency of the old and other matters, etc.

The registry also stated that a policy decision has already beentaken regarding transfers of judicial officers every three years. However, there is an exception which allows principal district judge/principal judicial officer to assign/reassign cases to different judicial officers in the interest of justice.

The HC while disposing of the PIL directed Gidwani to file an application under the right to information Act to find out about the guidelines, rules and procedures laid down to deal with the process of lower judiciary.


Source : http://www.dnaindia.com/mumbai/report_there-s-need-for-speed-but-legal-system-is-not-a-factory_1388708

Anonymous   20 June 2010 at 04:06

Sale of commercial property

Can existing partner sell off partnership company's property without informing legal heirs of the deceased partner.

Anonymous   19 June 2010 at 23:45

Reinstatement in service

Some one please cite me a ruling where a govt. servant was reinstated after suspension and was imposed only minor penalty after enquiries were conducted to impose major penalty, hence his suspension was treated unjustified.

There is an order to the effect from GOI that when after enquiries to impose major penalty ultimately ended with imposition of minor penalty the suspension should be treated wholly unjustified.

Anonymous   19 June 2010 at 23:44

Reinstatement in service

Some one please cite me a ruling where a govt. servant was reinstated after suspension and was imposed only minor penalty after enquiries were conducted to impose major penalty, hence his suspension was treated unjustified.

There is an order to the effect from GOI that when after enquiries to impose major penalty ultimately ended with imposition of minor penalty the suspension should be treated wholly unjustified.