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

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Devesh Yadav   06 October 2014 at 20:12

Execution of court order

Dear Counsels,
I was working as teacher in a private unaided private school affiliated to CBSE since 1994 on regular basis. I was suspended on 22.07.2010 on false charges and later on I was terminated from service on 09.05.12. I moved to Punjab and Haryana High Court Chandigarh to get the termination order quashed but High Court directed the appellant to file appeal to Distt Session Judge /Addl Session judge as there is no Educational Tribunal . The court quoted judgement of apex court in TMA Pai Foundation Vs State of Karnatka 2002(8) SCC 481. Consequently I filed appeal to Additional Distt and Session Judge (ADJ) and ADJ set aside the termination order directing the respondent school to reinstate me and pay full back wages within one month of . Here I tell you that I myself appeared in person before the court and I argued in person before the court . The respondent school disobeyed the court directions willfuly and refused orally to reinstate me . The respondent school has not got any relief from high court to stay the order passed by ADJ.
My question -Can I file execution or Contempt of Court Petition or both -execution as well as Contempt of Court Petitionagainst the respondents for not obeying the court order and before which court -either the court who passed order or before High Court ?
Under which section of Contempt of Court Act 1971, I wiIl have to file Contempt petition before trial court? I have gone through minutely provisions in Contempt of Court Act 1971 but could not find relevant section under which I may file contempt petinition before trial court.Kindly advise me so that I may get relief.





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Umeshpratap Singh   06 October 2014 at 19:43

Rules of punchnama, post-mortem & medico-jurisprudence

Respected All,
pls guide me I desire to know rules regarding Punchnama, Post-mortem & medico-jurisprudence or Viscera (specially in case of death due to poisoning). You people can suggest books also. Can we verify the Atopsy / Post-mortem report & Viscera Report though any specific department?

Thanks & regards
Umeshpratap Singh

hdshardik   06 October 2014 at 18:47

Not conveyances the propety , 7-12

my property is situated at Bhiwnadi . documents are registered with stamp duty paid . But builders has not transfer the name on property card. Builder said he will form co-operative society .To form the co-op society this clause is not mentioned inn agreement. How the point of builder is genue ?

can we as a owner of titlw , what we do on our end to get name on 7/12 . In bhiwandi , there is grampanchanyat .

pl suggets the points to follow .

Aparna G   06 October 2014 at 17:50

Can virtual office be used as registered office to incorporate private limited company in mumbai?

Hi Everyone,

Thank you for your PMs on my previous post. I have decided to register a private limited company in Mumbai. I will work from home but need a premises that I can give as the registered office address to incorporate my private limited company.

Kindly let me know what are the options to rent a registered office address in Mumbai? Does the virtual offices work as a registered office?

Regards,

Aparna G.

Veggies Rule!

Rahul Lahiri   06 October 2014 at 16:34

Company law - change of members of a section 25 company

I have a query relating to a Section 25 company limited by Guarantee. The company has not been functioning since its incorporation.Hence the existing management decided to transfer the company to some interested personnel who became directors of the company and the existing management resigned from directorship. Now, let me know the responsibility of the members of the company. is there any process to change the members of the company? Please reply.

Tushar Bose   06 October 2014 at 16:32

Repossession norms by rbi for nbfc

Is there any clause under FPC for NBFC by RBI which tells that repossession of vehicle cannot be done by the financer if the customer has not paid the equated monthly instalment or EMI for three consecutive months. Kindly advise, if yes pls tell where I can find a write up on the same.

Shekhar   06 October 2014 at 16:30

Father credit card debt

HI, mY FATHER DID SOME USAGE OF CREDIT CARD IN YEAR 2002(AS PER BANK INFOR).THAT YEAR I WAS IN 9TH STD.2003 MY PARENTS GOT SEPERATED WITH EACH OTHER NOT LEGALLY.I STAYED WITH MY MOTHER.MY FATHER DIED IN 2005.NOW BANK IS CALLING ME PAY HIS DEBT'S OF CREDIT CARD AM I LIABLE TO PAY.PLEASE HELP..

hdshardik   06 October 2014 at 16:22

Sale of fsi and capital gain

Builder has sold the ground floor unit with land to Mr x without FS I.First floor sold entire to Mr Y along with FSI WITH lumpsum amount . There is no break up of cost into area and FSI .
Ground floor owner MR X wants to purchase FSI from the owner of 1 st floor and construct the second floor on name of Mr x. They have mutually orally decided for this transaction . They have started soon construction as there is problem of leakage of water of rainy season .
Now they want to execute the agreement for sale of FSI by MR Y.
While execute agreement after completion of construction of 2 nd floor , what points to be take care in drafting of agreement ?
Is it attracting the capital gain on sale of fsi to MR X?
IS indexation available?
How capital gain exempt ?

ANIL KUMAR KATHURIA   06 October 2014 at 15:37

Gift of immovable property

A gift deed regarding immovable property has been registered by father to his son. the property for the purpose of stamp duty has been valued at rs. 19 lacs.
the stamp duty for registration of gift deed which is rs. 1.5 lacs has been paid by the donee son.

the querist seeks to know whether the sum of rs.1.5 lacs paid by the donee towards stamp duty for registration of the gift deed shall be constituted as consideration of the gift to nullify the gift as gift for considerations are void because gift of immovable property over rs. 100 are required to be registered and without registration i.e payment of applicable stamp duty/ court fee etc.and other formalities the gift will not be complete

V.N.K. MENON   06 October 2014 at 14:54

Notification by ministry of social justice and empowerment

Could any experts give the DATE of attached circular with regard to " concessions and facilities given to senior citizens"