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himanshu singh   26 March 2010 at 12:52

LLM Course

Dear Sir,
I came to know about KIIT Law School, I do not know about this school, please let me know whether this school is a recognized by UGC, and is this school valid for LLM & PHD courses.

Thanking You.

Anonymous   26 March 2010 at 12:49

need judgements of HC or SC

juzarshabbir   26 March 2010 at 12:47

need judgements of HC or SC

Respected Sir,

I need, if any available, Gujarat High Court judgments or Supreme Court judgments under the article 21(1),(2) and 31(a) of Air(prevention and control) act, 1981.

Also, I would like to know what does the section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987 say?

Thanking You.

Anonymous   26 March 2010 at 11:38

Illegal Direct Appointment

Dear Experts,
I am working in a registered society of a central government ministry. In Jan 2007 two persons were directly appointed in grade Rs. 12000/-(pre-revised) central government scale. These two were working in my organization for last seven years as employee of some outsourced company. In Jan 2007 the engagement contract between my org. and the outsourced company came to end in Jan 2007 but this information was not made public to employee. The above two persons were not having minimum requisite qualifications even for the entry level(Grade Rs. 6500/- pre-revised). There was no advertisement(internal/external) for that appointment. Even interviewing committee was not legal as per composition of committee. Interview committee should have one member(internal) from SC/ST, one departmental and one outsider expert in Software/Networking. In above case all three members were non-technical and from my organization. Moreover the post on which they were appointed was promotional post.
I joined my organization in 2000 in grade Rs 8000/- and was promoted in 2003 in grade Rs 10000/-. In Jan 2007 I was in grade Rs. 10000/- and was promoted in grade Rs. 12000/- in Nov 2007 only. Thus became junior to them.
I came to about this malpractice only in jan 2010.
Now I am feeling aggrieved working as junior to non-qualified people.
Please tell me whether there is any remedy?
My organization has given me negative reply to my representation. I will get any relief from court or not? If I approach the court what way I should do it.

Thanks a lot in advance.
R. Prasad

Anonymous   26 March 2010 at 10:54

Applicability of Section 295(1)(e) of Companies Act 1956

Dear Sir/ma'am

The Facts are as follows:

Company A (Indian Company) is subsidiary of B Company (Foreign Company).
A co. has many Companies as group Companies.
B Co has appointed a delegate in India to supervise A Company and A Company's group Companies ( Entire Indian operations). That delegate is appointed as the Chairman for A Company and its group Companies. All the Companies are Public companies.

Query:

1) A Company wants to lend money to its group companies. Will the Section 295(1)(e) of Companies Act 1956 be applicable in this situation?? please help me with case laws.

Thank You.
Regards

M Satyanarayana   26 March 2010 at 10:51

Will and Partition

Sir,

I am having sister who got married long back in 1968 to my brother-in-law. At that time my brother-in-law owned their ancestor property. Due to bad habits and drinking my brother-in-law mortgage to a person A and the same person sold it B and B sold the same property to C. Due to financial problems my mother considering the SON-IN-LAW Position purchased the land from C. Through out this transfer my brother-in-law was permitted by subsequent owners to stay on the small portion of land. After my mother purchase my brother-in-law occupied the property. In the meanwhile my mother died intestate. I filed partition suit in the court. My brother-in-law claim the entire property as his ancestors property by virtue of bogus will and ancestral property bequeath the property mentioned in the will. Due to wrong counsel and connivance of our counsel we could not highlight the bogus will. Now the case is pending with High court.

My question is :

Is it right to mention ancestral property in the will by my sister (Brother-in-law)claiming the whole property. If that be case then why will is executed and bequeathed by my sister and not brother-in-law. He would have got it from their ancestors. What is validity of the will in the circumstances. How is the ancestors property reclaimed what is the condition.

After so many sale transaction of the land changing of ownership my sister (brother-in-law) can claim the property even after such transfer of property.

Can my sister claim the benefits of the will as well as the benefit of the Ancestral property of her husband (my brother-in-law)


Further I do have that the will in question is fake and fabricate and produced the evidence in the high court.

Please clarify whether my claim my mother's property. How can the court decide my claim in context of the will. I am being left out of the will.

I will be grateful for your kind advice.

Thanking you Sir,

Yours faithfully.

M.ST.

MAHESH JOTIBA KOCHERI   26 March 2010 at 10:38

PoA

dear sir,

A is a sleeping partner/director wants to give PoA to B his wife. the firm is pvt ltd.. kindly let me know the format for the same.

thanks in advance

regds
mahesh

kaidjohar   26 March 2010 at 10:20

how to create capital through gold

sir..my client wat to increase his capital through old gold sale of relative ..suggest me what is procedure and main point for tax planning...

samiksha gupta   26 March 2010 at 09:02

transfer of land and building

sir,

our is a registered society running different colleges. the land is in the name of the society.
whether the building and the land can be transferred in the name of the college? although the college is being run by the society.

thank you.

Dushyant Pandya   26 March 2010 at 08:12

Validity of non-judicial Stamp Paper

Respected Experts,

Recently I have referred following judgment passed by SC;

AIR 2008 SC 1541

According to above Judgement dated 19-02-2008 in the case of Thiruvengada Pillai vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC judgement is reproduced herein below:

“The Indian Stamp Act, 1899, nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document."


Please advice.