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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Guest   25 November 2009 at 14:08

Difference in statement made to the police

A prosecution witness has made a statement to the police in which he has stated that 'he is the neighbour of the accused'. Later, during his deposition before the Magistrate, he has stated that 'he has seen the accused first time during the incident'. As he has made two contradictory statements what is the next course of action available to the Defence Lawyer? (Cross-examination is pending).

Anonymous   25 November 2009 at 14:04

dishonored cheque

dear sir
a cheque is dishonoured on 10.10.2008 by bank. cheque recived to party on 24.10.2008. party issue the legal notice 19.11.2008. dishonoured date and legal notice date difference is more than one month can party file a cirminal case .

skg   25 November 2009 at 13:30

Experience/Character and releiving certificate

Dear Legal Experts,

A workman was terminated on grounds of surplusage/reorganisation and global recession.He challanges this termination in labour court.

The employer in his statement to the court also admitted that his termination was not due to any misconduct.

Knowing that the court cases takes 6 to 8 years to decide the workman keep on trying for other jobs but whenever he got some positive response from some other employer his inability to produce experience/character and releiving certificate become a major problem
in getting a new job.

My question is since the employer has himself declared that the termination was not due to any misconduct can the workman ask for these certificates from his employer or he has to pray the court to direct the employer to release these certificates to him so that he does
not face any problem while he is trying to get new job in order to feed his family.

Whether doing so his case will become weak?

rgds
skg

mayank jain   25 November 2009 at 13:19

Cold Storage an industrial activity

Dear Sir,

Please let us know whether COLD STORAGE falls in the definition of Industrial activity. If so, please let us have notification or Authority on it.

Thanking You.

Mayank

Gaurav Agarwal   25 November 2009 at 12:18

Trust Formation - Help

I am looking for expert in Trust Formation in Ahmadabad.

Gaurav Agarwal   25 November 2009 at 10:06

Name rejection

ROC rejected name proposed for the company? What needs to be done? What are the relevant eforms to be filled up?

Anonymous   25 November 2009 at 09:53

transfers and postings in public sector

It is well known that the transfers of employees cna be questions if we prove malafide intention or non application of mind by the competant authority. how to establish the malafide nature as it is a mental state. The competant authority has given oppertunity for the employees who compleated five years of service at one place for submting options and the employees who compleated one year also has rewuested for a transfer. The authority in the disguise to settle the imbalnces transfered the employees who were not given oppertunity to submit options.The requirement of staff at every districtwas tkaen from the officer working under his control a single officer but not a committee. after issung transfer orders stating as administrative exigencies he has altered the places in respect of some of the employees in which a person having 11 years balance of service was posted in a near by place of 30 kms and another aged 57 to a place of 180 kms. can this be treated as malafide intention. pl. suggest any leading cases if available deceided by the supreme court.

Anonymous   25 November 2009 at 09:49

Which Date to be considered for Purchase?

I have a question about Date of Purchase of property. Which of the following is considered as date of Purchase?
(1) Date of making initial/final payment? If payment is made in installment as per stage of construction/completion.Say for instance initial 1st payment is made in sept’05, and final payment in March’06
(2) Taking over the possession of the flat? With duly signed agreement and Stamp duty paid in March’06.
(3) Registration of the property—and what if registration is yet pending.
Kindly Guide me.


Suhas   25 November 2009 at 09:06

Gifting Property

A co-operative housing society has levied a monthly charge on an immovable property by passing a resolution in its general body meeting as permitted by bylaw 69 as specfied in the model bylaws. This has been questioned by the member in the co-operative court. court has not decided and the matter is subjudice. Further BMC has not given occupation certificate for the first and second floors of the row bungalow even though construction is done as back as 1994. Can such property be transferred by way of a gift deed by father to his son?

Anandakumara MB   25 November 2009 at 08:33

delay condonation in Cr PC

The delay of 8yrs can be condoned for the accused under 143, 323, and 307 R/w 149 IPC? Challenging the Committal court Accused (A5)not secured BY NBW. By bonafide reasons as follows:

1. Complainant assumed that "seperate case was registered for the A5.
2.Complainant not under stand the Cr PC
3. Challenging the Committal court.