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

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surendrababu   04 January 2015 at 12:02

Punishment for the work done to save the farmers in emergency

Some Farmers approached Asst Engineer (Elec) with some withered paddy in their fist saying that their Motors in their filed are not working, so demanded immediate action. on inspection the Engineer found the existing 20 KV transformer was not sufficient, if he has not taken immediate steps the crops in the fields will be withered causing loss to the farmers, so the Engineer immediately replaced the old transformer with 60 KV transformer to save the crops of the farmers with out taking permission from his superiors. Later he sought ratification for his action, but the Engineer was given punishment for not taking prior permission for replacement of the transformer, though he explained that if he has not taken those steps on spot, the crops might have withered causing huge loss to farmers. Is there any judgment or remedy to the Engineer to defend his action?

Member (Account Deleted)   04 January 2015 at 07:07

Census 1951

Respected Sir/Mam,
I want detail report on census 1951 of Hyderabad State, also i need election constituencies details of 1951 of Hyderabad State.
Thank You

Member (Account Deleted)   04 January 2015 at 07:04

State reorganisation act 1956

Respected Sir/Mam, i want to know the State Reorganization Act,1956 in detail . I got online pdf of it but, it gives only brief information about Maharashtra and Telangana borders reorganization .
Also from where can i able to know the administrative zones details of Nizam of Hyderabad.
Thank You

anil sharma   04 January 2015 at 05:33

More than one advocate

Sir
1 Client can appoint more than one lawer without permission of his first lawer but no fee due of his first advocate

a chakraborty   04 January 2015 at 03:03

Lien

Sir,
Presently I am working at RailWays in Group C post, and applied(with permission from competent authority) and selected for the post teacher(group B) post in KVS, an autonomous body under MHRD.
Now my quires are.
a.Is it possible to retain lien in Railway and join KVs (from Govt of India to autonomous Body), if yes how?

b. If yes what privileged of rail ways will be admissible for me for lien period and who will maintain my leave and pension account(NPS)?

c. If Not, will my accumulated leave , amount of NPS, and most of all Service Seniority will be carried forward to KVS

Please reply at your earliest. as I need to start the procedure positively from Monday.

rajan chopra   03 January 2015 at 23:09

PLACE OF GIVING ATTORNY

SIR IN CHEQUE BOUNCE CASE AT THE STAGE OF DEFENCE EVIDANCE CAN COMPLAINANT GIVE ATTORNY TO HIS KNOWN OUTSIDE THE COURT OR IT SHOULD BE GIVEN BEFORE THE JUDGE ON THE DATE FIXED FOR HEARING?

kumar   03 January 2015 at 22:26

Criminal case . reg.

In criminal case I have to give witness,
regarding this should I have to give in affidavit

or

oral evidence has to be given ,pl advice

kumar   03 January 2015 at 22:24

Regarding witness in criminal case

I filed a private criminal case,in which sworn statement is taken but summons not issued to accused, the next date is given for list of witness,pl. advice how to give witness in a criminal case.

Juned A Harrased   03 January 2015 at 21:29

child custody jurisdiction

Sir my wife filed dv in her district. I want to file child custody where child last time reside. Can I (making father and grand father mother petitoner no 1, 2, 3)file muslim minor 3.5 yrs child case under gwa taluka court or district court? And also which section of gwa for interim and permanent custody on the ground of adultry welfare of child as she not having I source and on merit. Adultry is mentiond by me in ws of dv.

Nayan Kumar   03 January 2015 at 20:47

Client asking for refund of money

Hello,
We are a web design company and were doing one project for which we have recd 50% advance amounting to Rs.80,000. Somehow project got stretched and client is now asking for refund of whole money or he is saying he will take legal action. however on their request we did give the entire source code of work done by us as they wanted to move with new vendor but now they are saying that they are not going to use our code.

We did sign contract with them and below are some of the important points

If this Agreement is terminated by Customer because of Web Designer's default of his obligations hereunder, Customer may, after thirty (30) days written notice to Web Designer and a reasonable opportunity to cure:



(a) require Web Designer to immediately deliver to Customer all Work Product developed by Web Designer under this Agreement and pay Web Designer all amounts owed for the work performed under this Agreement and accepted by Customer, whereupon Customer shall have complete right, title and interest in such work and all rights, permissions and licenses granted to Customer by Web Designer under this Agreement shall continue, in perpetuity as royalty‑free and fully paid rights; or



(b) Pursue all legal and equitable remedies against Web Designer.

Only issue could be point (b).

However they did tell us over a phone if we can do it in one month or not but did not send in writing for 30 days period to cure it. I did tell him that we can do the development part but design if you stretch it like this I cant guarantee.

So here are our plus points in nut shell

1.We have delivered around 50% work as per our estimates (Backend was almost done)

2.We have handed over the source code to them as per their request

3.Now he is saying they are not going to use this code but you cant come to know about it unless their new vendor completes the site and they share actual backend with us which is less likely. they might just change front end design, still most of the hard work is already done by us for the front end as well.

4.it can be proved as our fault if even new vendor can complete it in 40 days as client keeps changing design requirement.

5.We gave them option to mutually settle this by giving SEO services of worth Rs.90,000 in return which they denied saying they have hired another agency for that.

6.as per the contract -
All The advance amount is non-refundable


7. we can also debate that design is very subjective and if someone keeps changing design every now and again it is not going to get completed in time. At the same time we can also say that if design was not as per what they want we can not ask our designers to refund us their salaries.

Points which can go against us

Page 7 - Duration: 8 Weeks (5 Working days per week)


This dragged in for around 7 months partly because of our fault partly because of their fault.

We are ready to fight this out legally if it goes to consumer court and we have strong evidences to prove this in our favor but if they file criminal case then I can be in trouble and thats what I am affraid about.

What should be done in such a scenario, I am not willing to refund Rs.80,000 for sure as we have invested lot of time and efforts in this.

What are other options?
What are the chances of they filling criminal or civil case?

Sorry for the long post.
Thanks in advance.