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

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Suraj Kumar   08 November 2014 at 16:06

Nominee vs legal hire

1. Husband nominate his mother as nominee in bank .
2. Wife live saperately from husband .
3. Husband died.
If wife claim husband’s money from bank as legel hire and husband’s mother claim the same as nominee – who will get the money deposited in the bank ?

NEHA   08 November 2014 at 15:13

Objection raised unnecessarily to delay poceedings

Dear Sir,
The court ordered to release the Original papers to the plaintiff in absence of the Defendant. Now after the order for release and documents received by plaintiff, the defendant raised objection against why the documents had been released belonging to plaintiff stating reason that the intention of plaintiff to sell property during pendancy of suit.

What legal course of actions needs to be taken to ensure the original documents need not to be submitted by plantiff. Pls note that no Stay is granted to any party in the matter nor the Defendant submitted any documents as proof of its ownership over the property in dispute

Mrs R.Yadav   08 November 2014 at 15:06

Inspection of records by an authorized representative of the applicant under rti act 2005

Dear Experts,
I sought information underRTI Act 2005 from Income Tax Officer wherein I sought to inspect the assessment record of a private school. The Income Tax Officer intimated me the date of inspection . I gave authority letter to my husband to inspect the record on my behalf but CPIO-cum-Income Tax Officer denied to get the record inspected on the pretext that only applicant can inspect the record . He said that as per act ,any person authorized by applicant is not permissible to inspect the record.
My question is :
1. Whether CPIO-cum-Income Tax Officer islegally right in denying to get the record inspected by a person authorized by applicant ? If no, then kindly let me know the relevant rules under which a person authorized by applicant can inspect the record on behalf of applicant under RTI Act 2005.

SRINIVASA   08 November 2014 at 14:55

Trust property

My wife's maternal grand father has executed a will. In the will he has bequeated one property in favour of two trusts. He has appointed 5 family members as common trustees for both the trustees. 3/4 of the property is bequethed in favour of one trust having 6 beneficiaries. The other portion of 1/4 property is in favour of another trust. In the will he has stated that our of income from second trust contribution to be given to 6 schools and surplus if any to be given to students of his community and the children of beneficiaries are not barred from getting the benefit. He has also stated in the will that the trustees decision is final and cannot be questioned in any court of law.

My question is

whether the second trust is a private trust or a charitable trust. Because in the name of the trust as stated by the testator he has not mentioned as charitable trust. The beneficiaries are also not public at large. The trustees have the power to deny contributions to such institutions if they decide as such.

Kindly clarify

Mrs R.Yadav   08 November 2014 at 14:55

Writ for wages at par with govt employees

Dear Experts,
I was dismissed from the from the post of teacher by pvt unaided cbse affiliated school. I filed CWP in High Court to challenge termination order . HC disposed above cwp and directed me to file appeal before Distt Session Judge as per judgment given by SC in case of TMA Pai Foundation .Acordingly I filed appeal before Addl Distt Session Judge to challenge termination order. In appeal, I prayed to set aside termination order, to reinstate me in service. I also prayed that the school be directed to pay me salary and other allowances as per CBSE Bye Laws according to which I am entitled to be paid salary and other allowances at par with state govt teachers. Here I tell you that as judgment given by SC in case of TMA Pai Foundation , I could file appeal before DJ/ADJ only against the penalty imposed by the school. on 12.09.14 ,ADJ set aside termination order ordered the school to reinstate me in service but the court did not pass any direction regarding salary and other allowances at par with state govt teachers. My question is :
1. Can I file fresh writ in lower court against school praying to get salary and other allowances at par with state govt teachers?
2. As I had prayed earlier in appeal (filed to challenge termination order) to direct the school to pay me salary and other allowances at par with state govt teachers, will this appeal act as a barrier in my way to file fresh writ to get salary and other allowances at par with state govt teachers ? If no , kindly suggest the relevant laws under which I can file fresh writ to get salary and other allowances at par with state govt teachers.
3. The school has neither availed any stay order against the judgment passed by ADJ nor the school has t reinstated me yet. Can I file any suit for compensation and damages against school in addition to file application for execution and contempt of court petition ?
Kindly advise me.

Regards
Mrs R.Yadav

arindam das   08 November 2014 at 13:54

Companies act 2013

Hello,
Kindly advise which book to follow for Companies Law and ROC related work. The book should be easy to follow and preferably in a single volume.

Thank you.

arindam das   08 November 2014 at 13:43

Service tax

Hello,
I want to venture in to the field of Service Tax. Kindly advise which book to follow as a practitioner. It must be easy to understand and authentic.

Thank you

AMIN M KESHWANI   08 November 2014 at 12:39

How much stamp duty to be paid ?

Dear Sir,

A commission agent wants to enter into an agreement with a Company. This Agent will provide advisory services for getting a suitable buyer of goods to the Company. In return he will get a percentage commission based on the quantum of goods purchased by the Company from the source provided by him.

My querry is how much stamp duty should be paid on this document / agreement in Maharashtra ?

Thanks in advance

ravi   08 November 2014 at 11:33

Pf amount with draw

Dear sir,

i am working since 3 yrs in a pvt ltd company,i have PF account from 3 yr only. now i want to with draw my Provident Fund from my account due to purchase of house .

Shall i have a right to this? pl advise me.

Surajit Biswas   08 November 2014 at 11:29

Withdrawal of booking amount

Dear sir,
I booked a flat in 31st oct 2012 @ 20% of total price withh a provissional allotment letter, when the plan of the building was under sanction from the authority, but after 1 year they proposed us verbaly to shift my flat on other buildings which was under consruction but we did not agree as we preferred that building, after some time we found that they have changed the name,elevation, foor plan of that building whose constuction till now started . now we have decided to withdraw my booking amount,is it possible if yes, how can it be possible w.o any deduction.
please advise
regards
SURAJIT BISWAS