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

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Vinod Yadav Advocate   04 September 2015 at 07:12

Payment of gratuity for manager

Respected Members,

kindly guide me with your valuable views about can a Manager whose salary if about 50000/- approach labour court for payment of gratuity???

as opposite counsel had filed an application under order 7 rule 11 with contention that present case is not maintainable in labour court cause of designation of employee.

kindly guide me with any citation

Hemant Mirji   04 September 2015 at 07:01

Transfer of property

A mother died in society with the daughter already mentioned as NOMINEE.
The said mother has other siblings too.

1) Can the society transfer the share certificate as per the recent Bye laws.

2) The daughter having received the share certificate in her name....does she has to "register" the agreement and pay Stamp Duty. So property received through the nomination does it have to be registered in the O/o Registrar.

3) What is a "release Deed"? When and Why is it required? What is the purpose?

Regards

RAJNEESH   04 September 2015 at 04:56

Service matter

i JOINED AS A LECTURER IN A GOVERNMENT ENGINEERING COLLEGE IN 2007 IN DELHI UNDER DTTE AFTER BEING SELECTED BY UPSC. MINIMUM QUALIFICATION FOR APPLYING WAS BTEC.BEFORE JOINING I WAS ALSO PURSUING MTECH THROUGH DISTANCE LEARNING. THE SAME WAS NOT MENTIONED WHEN I APPLIED TO UPSC AS I HAD NOT COMPLETED THE COURSE WHEN I APPEARED FOR UPSC INTERVIEW. AT THE TIME OF JOINING COLLEGE THOUGH MY COURSE WAS COMPLETE BUT RESULT WAS AWAITED SO I DIDNOT INFORM THE COLLEGE. nOW I WANT TO AVAIL INCREMENT FOR HIGHER QUALIFICATION BUT MY QUALIFICATION IS NOT THERE IN MY SERVICE RECORDS . WHAT SHOULD I DO?

David   04 September 2015 at 02:06

Execution of maintenance order

Dear experts

District court ordered im favor of me in granting divorce. Also it orderd for maintenance as i was ready to maintain my children. Court refused to grant maintenance for my wife citing that her conduct resulted in divorce. Now my question is how i have to pay the maintenance . Is there a specific procedures need to be done for execution of maintenance order.
Thanks in advance

David

rabi kiran sahu   04 September 2015 at 01:28

joining demand in postal department

Hello sir/madam
I am selected as postal assistant in odisha postal circle against the recruitment of PASA 2013-14 by department of posts. After completion of all pre-appointment formalities i was provided inhouse training by the department at my division office Aska, berhampur region for two weeks i.e; from 23/04/2015 to 06/05/2015. But when i completed my training i came to know that the postal directorate had kept an abeyance in the process of joining on 27th april till further orders, for which i could not get my joining. But now i came to know that some candidates from different divisions of odisha circle who completed inhouse training after me got their joining in the month of may. I have all the documents regarding my selection and completion of inhouse training. I filled an rti shouting the info of candidates who got joining in the month of may. But i personally talked with those guys who got joining in the month of may so i feel the department did unfair with me. So shall i take any legal step to get my joining and if should take legal steps please suggest procedure......feeling helpless please show me right path. Thanking you in advance.

karumanchiashok   04 September 2015 at 00:20

Selling land belongs to partnership firm

There are 4 partners A,B,C,D of Kamakshi ginning factory. They purchased land jointly 1.8 acre and registered in 1984. They have purchased another 2.97 in the name of Kamakshi ginning factory in 1984. They done business.they are non local and many said that they left the business went back to Tamil Nadu.

In 2005 E,F,G,H stating that they also partners of Kamakshi ginning factory with written partner ship deed in 1993 with A,B,C,D and they are 8 partners in firm. And they also said that A,B,C,D retired from from firm and they left in 1994. Weather E,F,G,H have right to sell the property without A,B,C,D.
I feel that some suspect able transactions are done by E,F,G,H. How to confirm the E,F,G,H have rights to sell the property

paakhi   03 September 2015 at 23:31

withdrawing of 498a

Hello
Me n my husband r living seperately since 2 1/2 yrs. Last month v signed mou for mcd. However mou states dat 498a shld b withdrawan...can i know the procedure for withdrawal of 498a by me? Im in pune n he in nasik.. 498a is in nasik n matter is yet not on board its been 2 yrs...he agreed to file mcd in nasik. I hve told him to file mcd n simultaneously i shall file application for withdrawal of 498a.. bt he wants me to go to hc n get it quashed.. plz guide me for the same.
Regards

PRABHAKAR CHANDOLA   03 September 2015 at 23:26

Refund against cancellation

I had booked a flat in Noida Extension in 2012 by paying an initial booking amount of 10% of the cost on CLP basis.At the time of booking I was told that I shall be getting demand letter for the payment by mail and also by courier on the address provided in the booking form.
On the next day of the booking I flew abroad to my destination of work.
In two years time I was send an email and a registered mail regarding the change in the planed outlay of the project .Other than this no mail or courier was send to as a demand for the payment.
On my next visit to India in 2014, when I went to the builder to enquire regarding the project I was told that you have incurred an intrest of Rs 7.5 lakh for non payment of the due omount. When I confronted them by asking that why the demand of the payment was not send to me I was replied back It is not our duty to remind you of payment you should have made enquiries yourself.
I was shocked by the reply given to me and have decided to go to consumer court for getting my booking amount back with an intrest on it as the builder is refusing to give refund.
Will I be able to get by money back through consumer court.

sushant   03 September 2015 at 23:24

Moot preposition

Need Help on following case preposition


Disclaimer: All the names used and events described in this proposition are fictitious. Resemblance of any kind and magnitude to any name, person, organization or event whatsoever is purely co-incidental. This is a fictitious problem/case with the under-given fact matrix. The counsels are expected to operate within the four walls of the facts and issues raised herein.

Facts of the case are as follows:
Republic of Domalia is in its nascent stage, as it got independence from the Mandica on 15th September, 2003. Domalia was a colony for about 150 years and after getting independence it has become a country, which is wedded to core values of democracy, free and fair elections, transparency, accountability and freedom of religion. Republic of Domalia has its independent and autonomous Election Commission. Its Judiciary is also given the right to act independent of executive and given the power of judicial review. Domalia is a Union of States.
The following developments took place in the republic of Domalia, which resulted into a Special Leave Petition in the Supreme Court of Domalia:
1. That Parliament of Domalia enacted the Right to Information Act, 2005 (for brevity sake hereinafter referred to as RTI, Act), where every citizen was provided the right to seek information from various institutions/instrumentalities of the State of Domalia.
2. That all the three organs of the State were obligated to provide information to the citizens, if asked under application under RTI, Act.
3. That the purpose of the RTI, Act was to bring transparency and accountability in the functioning of the State apparatus.
4. That in Section 2(h) of RTI, Act the word PUBLIC AUTHORITY is defined. The Public authorities are bodies, which are obligated to provide information to the citizens. These public authorities were mandated to appoint Public Information Officers (in short PIOs) to give the information.
5. That on 1st July, 2007, Mr. Virendra Madan, Director of Public Interest Litigation Foundation, an NGO registered under the Societies Registration Act, filed an RTI application in the registry of the Supreme Court of Domalia requesting the information from the Apex Court about how many judges of the Supreme Court have submitted the details of financial assets required under the Supreme Court Resolution of 1997.
6. That the Supreme Court Resolution mandated the judges of the apex court to submit their details of the financial assets to the Chief Justice of Domalia.
7. That on 20th July, 2007, the PIO of the Supreme Court rejected the RTI application citing that Supreme Court of Domalia is not public authority under Section 2(h) of RTI, Act.
8. That Mr. Madan filed the first appeal with the First Appellate Authority in the Supreme Court. The First Appellate Authority also rejected the appeal citing the same reasons as given by the PIO.
9. That Mr. Madan approached the Central Information Commission (in short CIC) constituted under Section 12 of the RTI, Act in the second appeal provided under Section 19 of the Act on 10th August, 2007.
10. That the CIC issued notice to registry of the Supreme Court of Domalia on 18th August, 2007. The matter was heard for almost two months by the full bench of the Central Information Commission.
11. That on 30th September, 2007, the CIC decided that Supreme Court is covered under Section 2(h) of RTI, Act and it is a public authority and hence under obligation to answer the information requested by the applicant.
12. That the Registrar of Supreme Court, went to High Court of Capeh, one of the provinces of the Republic of Domalia, on 15th November, 2007 against the decision of CIC.
13. That the Supreme Court of Domalia through its Registrar pleaded in the court that office of the Chief Justice is not covered by RTI, Act and hence Chief Justice of Domalia is not obliged under the Act to disclose the requested information.
14. That the Supreme Court through its Registrar also pleaded in the High Court that Chief Justice of Domalia deals with many sensitive and secret communications from its judges, which need not be disclosed under the Act.
15. That the Supreme Court through its registrar also contended that Central Information Commission is not authorized to issue any direction as it is the interference in the exercise of its judicial powers. The Constitution of Domalia has insulated judiciary from the directions/pressures of administrative and quasi-judicial bodies and hence the decision of the CIC is beyond its jurisdiction.
16. That the High Court through its Division Bench upheld the contention of the CIC and the RTI applicant that Supreme Court is a public authority and rejected the arguments of the registrar of the Supreme Court on 20th October 2015.
17. That the Registrar of the Supreme Court filed Special Leave Petition in the Supreme Court assailing the decision of the High Court of Capeh on 16 January, 2016.
18. The Supreme Court of Domalia issued notice to Central Information Commission, Mr. Virendra Madan and Government of Domalia.
Note: The Constitution and other laws of Union of Domalia are same as those of Union of India.
Taking into account various aspects of the case matrix, arguments are to be put forward from the side of both the Petitioner and the Respondents. The arguments can be made on creative lines. Pleas in addition to those set out above will be appreciated.

mubashir mulla   03 September 2015 at 23:16

to change advocate

Sir, including my father he has total six of them. Two groups of three person formed, my father died in year 2002 in our group a person was looking after all the cases. The case starts in 2003. He gave a adovacte for himself only against the three persons, remaining the two person he gave another advocate. Till dated we two dont know we haved filled an wakil patr. Today we realized that we two want to give a lawyer we came to know that we have already a lawyer. But this lawyer has not attended a single date in court when we went to him saying that we want a noc from you he said from 2003 to 2015 a ea year im looking to the case he demands a 10000 rs to give a noc. He says that we r meeting first time since 13 year. So please give us advice how to deal with this lawyer