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

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Anonymous   08 January 2010 at 10:20

Rerospective effect of enhanced gratuity amount .

I am an electrical engineer retired from Madhya Pradesh Electrcity Board (M.P.S.E.B.) on 31/03/2008.After my retirement ,the salary/wages of M.P.S.E.B. Employees has been revised in the line with the pay revision of Central/State govt. employees in the month of Sept.2008 just prior to state assembly election 2008 with effect from 1st Jan2006.
Subsequently the limit of maximum amount of gratuity payable at the time of normal retirement has also been increased from Rs.3.5 lakhs to Rs10.00 lakhs with effect from 1st September 2008 in line with the related order for increase of limit of gratuity amount to Rs10.00 lakhs of state/central govt .Since I have retired on 31st March 2008 so I unfotunately could not get the benfit of this enhanced gratuity amount.
The pay revision as per 6th pay commission report, has been given the effect from 1st Jan2006 whereas the order for increase in gratuity amount has been given the effect from 1st September 2008 while pay revision & gratuity are related matter.
Kindly give candid opinion experts whether this matter is having legal ground to compell the employer to give retrospective effect for payment of increased/enhanced gratuity from 1st Jan2006 simillar to the date of effectiveness of pay revision alongwith decied/pending cases ,if any, in the matter.

Davinder Khurana Ferozpur(Punj   08 January 2010 at 09:51

transfer of school

ABC is an affliated school with CBSE Delhi which has been run by an educational society of ten members regiserted under "The Registration of Socities Act 1956" in 2005. Now my query is Can these ten members or the society Sell/Transfer the ABC(school) to other with that previous affliation.

RANJAN DEY CHOUDHURY   08 January 2010 at 07:17

ownership of property

I have an elder brother who is having a HIG flat in Kolkata in his own name. Last one year back his wife left him alone and ran away to her parents house with all valuables. she doesn't keep contact with him at all. He has a daughter also who is staying with her husband and child. Now the man wants to transfer his property to someone who will look after him in last days of life through proper sale deed. Since he is presently not going well, hence my question is that has his wife and daughter can claim the property if it is sold out. the property is in the name of the man only. Further what are the legal angles through which wife and daughter can claim. What are the after effects. please guide.
ranjan C

s s pillai   08 January 2010 at 07:09

Sale of vehicle

Hi

My company sold an old vehicle to the highest bidder after inviting tenders. After receiving money I handed over all the papers including RC Book (RTO book) on condition that he will transfer the vehicle on his name. Now even after six months, in spite of repeated reminders, he is transfering the vehicl. Can any one help me with a draft legal notice to be served upon him.

SS Pillai

sinuvasu   08 January 2010 at 02:28

related to my previous query.whether PIL maintainable or no

R/seniors,
Related to my yestarday"s query regarding PIL.That i already filed an application to seek information under R.T.I related to the employees and officers of Railways , who r persuing full time L.LB courses without the permission from their employers from The colleges/University.The college/university failed to furnish the same and in some cases they furnished the copy of permission that too for only one session.The Hon"b C.I.C issued show cause and further directed to furnish the copy of permission,their attendence status and the action initiated against them,whereas on other hand the G.M of the Railway refused any action against all those students because as per the office record they all had performed their duties regularly and further suggested me to approach the compentent authority regarding their simultanous attendence in law colleges to initiate action against them.Under such conditions whether the P.I.L is maintainable or not?

Rahul Deshpande   08 January 2010 at 00:44

Case Under IPC 34, 353

My client has been registered under a criminal case & charged by police constable under IPC section 34,353 in year 1998. The case has come up for evidance now. The charges have been framed. Like to know whether judge can discharge him under following circumstances:

1. Incase prosecution witness deny that they do not remember the event.

2. Incase prosecution witness does not turn up or police constable does not turn up

3. Incase police constable did not to attch duty report or attendance to prove he was on duty at the time of event to the chargesheet

4.If not under above; any other things which you can suggest which can go favourable for him.

Furhter ,like to know the case judgements that will be helpful in this case with a general opinion in regard to judgements in IPC353 cases

What would be the circumstances in which he can be acquited keeping in view the fact that case is around 12 yrs old & burden of proof is on state.

Thanks

Saket

Anonymous   08 January 2010 at 00:18

Suit for Partition

Respected Experts,

We 5 brothers and sisters are having a house in chattisgarh state and are in possession of the house.
The house's market value is 5 crore rupees , however going by the collector guidelines it is 1.5 crore rs.. I want to bring a suit for partition ,kindly guide me how much court fees or duty need i deposit to bring the suit .

thanks in advance......

Narasinha Kamat   08 January 2010 at 00:12

Need Consultant

We are coming up with a hotel project in Sindhudurg, Maharashtra. We require consultants to carry out the conversion of agricultural land to N.A. please contact me on 9923910205 urgently

pulkit agarwal   07 January 2010 at 23:34

discretionary powers of Governor

I wanted to ask whether governor has any discretionary power in case of a matter relating to granting of sanction to prosecute a minister?
i wanted to know that. if for example there is prosecution of any minister on charges of corruption by CBI and CBI asks for sanction to prosecute that minister from the Governor under Section 197 of Cr.P.C.. So i wanted to know that whether in such matter the Governor has to follow the aid and advise of Council of Ministers or act on his own discretion and grant the sanction to CBI?

Anonymous   07 January 2010 at 23:25

Need Help regarding Validity of Retirement deed

Dear sir/madam

A registerd partnership firm was having 4 partners A B C D..in 2004 partners C & D signed a document retiring them from the partnership.

how ever the date was not put upon the retirement deed and partners C & D continued as the partners of the firm upto 2009..now C & D want to continue as partners of the firm...A & B put the date of 2009 on the retirement deed and want to retire them.

Can partners C & D challenge the validity of the document as it was signed in year 2004 and the date was put on year 2009 .

Ques1 Is the retirement deed invalid?
Ques2 Will the presenting of such a deed fall under fraud or forgery?