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

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N.J. MISHRA   24 November 2014 at 17:49

Limitation period for filing recovery suit

DEAR MEMBERS NEED YOUR ASSISTANCE;
BELOW IS THE DRAFT OF THE NOTICE ISSUED FOR RECOVERY OF THE MONEY, THE NOTICE WAS ISSUED A MONTH BACK. KINDLY ADVICE WHETHER MY CASE HAS BEEN BARRED BY LIMITATION PERIOD. KINDLY DO THE NEEDFUL.


1. That it has come to the notice of our organization that the requisite revised plan permission for Non – agricultural use of the property on which our organization is situated, required from the revenue authorities, has not been obtained and the same was required to be obtain. Hence, MOU dated 11/03/2010 and 01/07/2010 was executed by and between our Organization as an “Institute and you as a “Consultant”. As per the said MOU you were in a position to obtain the requisite (NA Order) from the state government latest by 01/10/2010 and 15/10/2010 respectively and accordingly our organization agreed to pay you Rs. 11,03,000/- and Rs. 22, 06,000/- as Consultancy fee in the mode appearing in clause 4 on page 4 of the said MOU.
2. As per the mode appearing in clause 4(a) on page 4 of the said MOU, Rs. 2,74,500/- vide cheque dated 06/06/2010, having cheque No. 292514, drawn on HDFC bank, Lonavala Branch, after deducting TDS of Rs. 30,500/- on Gross payment of Rs. 3,05,000/- and Rs. 5,51,500/- vide cheque dated 08/07/2010, having cheque No. 296539, drawn on HDFC bank, Lonavala branch, after deducting TDS of Rs. 61,278/- on Gross payment of Rs. 6,12,778/- was paid to you but the said NA order was not obtained till the period specified in above Para – 1. Since then on various occasions you have been requested by our organization to return to them the said amount, and at the time of every demand to you, you have only gone to postpone the promises and till date only an amount of Rs. 1,37,000/- vide cheque No. 754101 dated 21/08/2011 is returned back to us. Unfortunately thereafter nothing has been heard from your end for refund of balance amount due to us. Hence, you are humbly requested to return to our organization the aforesaid balance amount of Rs. 7,80,778/- along with interest @18% for the delayed period, immediately on receipt of this letter.

Yasmeen   24 November 2014 at 17:47

Regarding builders right

What are the builders future rights in a property constructed by him. as per Maharashtra Ownership flats Act

ad   24 November 2014 at 17:43

Query

What is the meaning of " ISSUE N.B.A.R/BLE on dtd " in civil writ filed against me it is showing on web. (yet no summons received to me)..
Pl. reply.
REgards

Gaurav Sahai Saxena   24 November 2014 at 16:22

Vakalanama by witness in complaint

Can a witness in any complaint, present his/her vakalatnama by any advocate in that complaint, even after complainant is alive and already recorded statement u/s 246 Cr.P.C also after 313 Cr.P.C & 437(A) compliance.

kiran   24 November 2014 at 16:08

Sale of flat in property developed under 33/7

Dear Experts,

Ours was a Chawl system in Mumbai which was developed by private developer under rule 33/7. and allotted flats in new building along with allotment letters in July 2014. our society is proposed, and we are waiting for builder to register it.

can I sale such flat?? if yes then will it get transferred to the buyers name immediately?? do they accept it for registration at sub-registrar's office?? who will give NOC

I have heared that there is ban on sale of such flat for 5/10 years? is it true??

Naga Anil Kumar   24 November 2014 at 14:19

Legal interpretation of the sentence

what is correct/legal interpretation of "......liquidated damages @ 500 per hour or part thereof, to an maximum of one month fees..." ..

Is it 1) per hour 500 and from 1-59 minutes it would be charged pro-rate; or 2) per hour 500 and from and 1-30 minutes it would rounded down to less than an hour and if it is 31-59 it would be rounded up to an complete hour; or 3) per hour 500 and from 1-59 minutes it would be rounded up and considered as compete hour and penalty will be charged. pls clarify...

hemant   24 November 2014 at 13:34

shops and establishment act 1973

Can any one tell me any CEO of pvt ltd company can run his business on shops and establishment act 1973, if yes then what are the rules of international bpo to employee regarding working hours if company says please resign if employee is sick or any genuine reason.

Thanks

Khushal Singh Rawat   24 November 2014 at 13:17

Eligibility to prepare project report for bank loan

Dear expert,
I want know that is a tax lawyer also eligible to prepare a project report for bank loan like as a CA.

catchs   24 November 2014 at 13:07

Pagdi system shop transfer

My father expired 4 months back, and the place where he had clinic is on pagdi system. So we called the owner at our home to discuss whether we can sublease it or what can we do, he said you can sublease it but myself or my sister can start anything there. So we asked him to let us know how to get it transferred. We tried calling him many times but he avoided our calls. One day he picks up and tells my mother that he needs to see the will of my father, then we say the will is private there is no need of will in this matter. Now it's been 2 months we are trying to call him I visited his office too. And there was lot of leakage problem inside clinic, so I call his office and tell his person me not able to contact the owner tell him me starting work from inside, the leakage work. I started work as I am planning to start my studio there, I did leakage as well as furniture not a 1% of structural changes have been done. One day some 2 persons come from the owners office and clicks photos from inside and goes, I was not there had just came home for lunch. So again my mother tries to contact him he doesn't answer. And few days back he calls My mother says we tried to contact you, you simply don't answer, he says we are not co-operating like not showing him will you started work there when he is suppose to do the work, she said you were suppose to talk with your lawyer and tell us why you need will, & then he says that he sending us eviction notice. Now question is on what basics he is sending us this notice, when legally it should get transferred on my name or my mothers. When he came to meet us he four times said he interested in buying the property when we don't want to sell it as its my fathers clinics where he was practicing for 44yrs. What should be my next step for this matter.

Pawar Pankaj   24 November 2014 at 12:01

Section 297 and 337

Hello,

My brother was involved in minor motor accident case in Feb 2014. He helped the victim in every possible way, but the police charged with 297 and 337 sections, he wasnt put behind the bars, but a friend of his was asked to sign Jamin. An Insurance claim against him and Insurance Co. is pending in Motor Accident Claim Tribunal. We have received Summons from the Tribunal. No chargesheet has been received.

Now my Brother wants to reissue his Passport.

Have you been charged with Criminal Proceedings or any arrest/summon pending before court of India?

What shall we answer to this question? Yes or NO?

No chargesheet for Criminal proceedings Sec 377 has been received yet? Shall we engage a Lawyer already? Please Recommend
A Lawyer in Bombay Central, if possible??

Thanks a million times for your expert Opinion.