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

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Sneha Arun Naik   09 December 2015 at 15:03

purchase of items

In a government company sui is registered against company in tender matter by an individual.Court procedure has started.In this case whether that company can proceed for the purchase of items in the particular tender and if company purchases said items then what will be the result and who will be liable in case of default if the court decree goes against company?

Samruddhi Teredesai   09 December 2015 at 14:53

Deed of retirement of partner in marathi language.

Please help me by providing Deed of Retirement of Partner in marathi language. please

abhijit kulkarni   09 December 2015 at 14:41

Dental clinic

Hello sir, I was allotted a place for the clinic in the premises run by trust ... They were interruption at every step as firstly no electricity supply then overhead water tank replacement as they were constructing a new building (extension) kept on assuring that it would be done at the earliest but didn't happened (water essential part of a dental clinic , I lost time....my rental was on.....later entered my clinic for construction of side wall n laying of pipeline for the over head tank ...given false information that they have applied for fresh meter( electricity) would take a month ( informed me) but got to know from line man that the will not issue fresh meter......while construction work of adjacent building damage to my false ceiling (hole) n electrical fixtures.... In rainy season constant rain ....spilled water on floor because of leakage through roof(false ceiling board swelled up, stains on floor sheets n painted wall ( left behind) n also plywood soaked up water to an extent.... Despite informing many times ( constantly) no proper action was initiated....sir do look into the matter n guide me.

krithi   09 December 2015 at 14:29

Please help me

my dear lawyers tomorrow my case hearing is going to held in ponamallee sub court past 2nd and 3rd hearing my advocate said not to come to court but am afraid of that what going to happen please tell some remedies

m.s.Chouhan   09 December 2015 at 14:21

succession of hindu

A hindu person (man) basically resident at rajasthan, lives a flat (property) in pune maharashtra after his death.is his property and family govern by hindu succession act 1956 for the purpose of succession or any other law. kindly guide

Pushpalatha H   09 December 2015 at 14:06

Will making by psychatric person

My mother-in-law made Will in 2003. As per her Will her elder daughter will get 25 cents, other daughter will get 23 cent of land and balance to my husband. She is a psychiatric patient. Can she change her will now? Will made by a psychiatric person is valid or not? Property given by her father to her. Please advise me.

Anonymous   09 December 2015 at 13:32

Got summon for dengu chalan

Sir i missed to pay my mcd dengu chalan now i got summon sit what will happen next

Dr. Shekhar   09 December 2015 at 12:22

Date after argument in exparte case

My case is ex parte divorce where I am petitioner and the other party, respondent, has never appeared until now and the written argument also submitted by me to the court. Now if I am going overseas can I speed post from overseas the court my inability to attend next date? assuming that the advocate fails to appear on next date,
Will this help me that my case is not dismissed and the court has to now give order/ decision on the basis the documents already filed including the exparte evidences and written argument?

SUSHIL KHANNA   09 December 2015 at 12:13

Quashing of fir under crpc 482 at high court

I am an employee of Central Public sector enterprise.
Recently, a contract executed between my organisation and the contractor was terminated by the organisation in line with the conditions of contract. After termination, as per the instructions of management, I myself and 5 more officials including CISF personnel were directed to take into custody certain materials and machinery of the contractor available at site and place it in the stores of the organisation. The contractor was paid certain cash advances by the organisation for procurement of the said material & machinery. Also, Indemnity bond has been executed by the contractor in favour of the organisation for the said materials.
On the first day of shifting of material, the contractor willfully allowed the same and also signed the joint recordings. But the next day, he allowed shifting of materials but refused to sign the joint recordings. So, CISF was taken as third party witness and signed the joint recordings. After shifting the material, the details of materials shifted was communicated by letter to the contractor and he was asked to verify it as per his convenience. But he did not respond to it.
Subsequently, the contractor filed a criminal complaint in the local police station against me and the five individuals under section 382 & 397 (a), r/w 34 of IPC charging illegal seizing of material and machinery and dacoity.
The local police took our statements and made their investigation and did not file FIR.
Later, the contractor approched the court of Judicial Magistrate FC with the same complaint citing inaction by Police.
JMFC issued the order to local police to investigate the offence under sec 156(3) of CrPC, to send the complaint to police stn for registering the crime and treating complaint as FIR.
Subsequently, police filed an FIR. They have recorded my statement as accused 1.

We are considering to approach High court under Sec 482 for quashing of FIR on foll grounds -
1) The action taken is not personal in nature and has been taken in discharging of duties as a public servant to safeguard public interest.
2) The dispute is totally civil in nature and does not form a cognizable criminal offence.
3) The contractor has already initiated arbitration proceedings against organisation and dispute can be taken up in the arbitration.
4) The basic purpose of complaint is to harass the individuals and put them under undue turmoil.

I request the esteemed experts to kindly give their opinion if the case for quashing will stand or suggest improvement/remedy.

Thanks in advance

Atish   09 December 2015 at 12:02

No stamp duty required for transfer of property to relatives

Dear All,

A new ruling has been given by the government on gift or transfer of property to a relative/kin which shall bear no stamp duty.

I request to know that if after the transfer to the relative/kin, if they sell the property with immediate effect before 3 years then will there be short term capital gains or long term capital gains.
Regards
Atish