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

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Prem   29 March 2014 at 11:50

High court appointed receiver can participate in state election for councilor

Respected Sir's,

Need advice & what actions can be taken with reference to the below scenario:

An Institution, due to some disputes between the trustees. A Receiver was appointed by the H'ble High Court of Madras. The Principal of the above Institution is appointed as the Receiver & the appointed of Receiver & acceptance has been signed between Jurisdiction Sub-Court Judge & Receiver.

During appointment as Receiver, he is working in the Institution as Principal. After few years in 2011, he had contested in State elections for Municipal Councilor post & had won the elections. Now he is the Elected member for Municipality as a Councilor.

Questions:

1. Does The Receiver who has been appointed by the Court is considered as Government Employee?

2. In a Judgement given by H'ble Supreme Court of India (Criminal Appeal No: 1881 of 2013 - Page 14 & 15) has stated that "Public Servant means - any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court) with reference to the above statement, the Receiver is a Public Servant, which means a Government employee? Correct me if, I'm wrong... Please...

3. If he is considered as Public Servant (Government Employee), the Election Commission doesn't allow Government Employee to participate in elections. Based on this situation, what actions (criminal / civil - according to which section of law), to cancel his Receiver post & Municipal Councilor post?

Thanks in advance.

Regards,
Prem

Naresh S. Patil   29 March 2014 at 11:19

Consumer complaint against builder

My client booked 2 adjoining flats and requested builder to merge the flats as a single flat in Kalyan.
the builder did not get approval for modification in typical floor plan/building plan from corporation.
there was a single agreement for both the flats and registered as a single flat. he was paying service charges for merged units as a single flat. but now there was a dispute before co-op registrar's office and registrar ordered him to pay service charges on 2 deprate flats separately from 2005 (for 8 years which comes to Rs. 45,000/- ) since no approval for modification in typical floor plan/building plan was taken by the builder. the KDMC also confirmed that no approval for modification was taken and that their town planning dept. show 2 separtae flats.
There was correspondence and disputes going on with builder and Registrar since 2005. the Registrar's order issued recently.
I request experts to guide me on following.

1. can i file consumer complaint against builder for deficiency.
2. calculation of limitation period whether from the year 2005 (Occupation Cert date) or from the date of issue of registrar's notice jan. 2014.
3. whether to pray for condonation of delay if year 2005 assumed? whether forum will condone delay since client came to know of this deficiency recently.

Sonia Prabhu   29 March 2014 at 11:06

Cognizance of offences in a cheque bounce case

To make Cognizance of an offences in a Cheque Bounce case can a complain be filed with the respective police station under sec 420 IPC?
Or is it necessary to file a case under sec 138 Neg Act first and only then file a complain with the Magistrate?

venkat   29 March 2014 at 11:05

Matter related to dob

Dear sir
my name is venkatkumar and my DOB is 28/11/1984 which was wrongly incorporated in my 10TH Certificate.

As my original Dob was 3/09/1986

i donot have birth certificate too

can i change my dob , if possibel tell me the process

kindly help me
9040674780

Chand Singhania   29 March 2014 at 10:52

Parents surname

If after divorce, the child staying with her mother uses the surname of his/her father and the mother also use the surname of her divorced husband, do anyone of them can claim in the property of husband/father anytime? Will be there any responsibility of the father/divorced husband towards
the child or divorced wife?

K K S V SOMESWAR   29 March 2014 at 10:05

Compulsory retirement

The company has given Compulsory Retirement (CRS)to an employee on the grounds of a criminal offence which is under trial. In the domestic enquiry just basing on panchanama the company in two sittings punished the employee with CRS. The compnay informed that just basing on hearsay evidence the domestic proceedings can be concluded that the employee did criminal offence. Is it correct ? because there is no evidence in the criminal offence and the employee was implicated by some group. Company informed that appeal can be made within 45 days of receipt of letter. The query is
1. When can the set aside petition be filed ? (now ? or after appeal and company's reply ?)
2. Can the employee accepts the CRS benefits and pension now ? If accepted the CRS benefits, will it be a disqualification for filing set aside petition ?
Request you to clarify in detail. thanks & regards.

vandana   29 March 2014 at 09:42

Harrassment from rwa

Sir, I am a resident of Mahagunpuram Soceity. RWA of our society is not letting me to enter through the society gate with my four wheeler as I have not purchased an open four wheeler parking in the society premises. I have not purchased an open parking in the society because at the time of booking of flat I came to know that according to SC orders no builder is allowed to sell an open parking area and can't stop a resident to park his/her car in the open space in front of tower.

S Viswanatha Rao   29 March 2014 at 08:34

Issuance of second hand policy clarification

Sir/Madam

It is requested to clarify whether R C book can be issued by the registering authority to a purchaser of second hand car/vehicle with the Insurance Policy or without Insurance Policy and indicate relevant rule/sections of the A P M.V. Act
and if issued whether it is valid one?

Atish   29 March 2014 at 08:21

Ipc section 497 and revision

Dear Respected Advocates,

The Family Court has in the Judgment declared Adultery between the wife and another who is her advocate besides many other findings. An entire set of more than 500 pages which were already filed in the Family Court including the Judgment has been filed in the District Court u/s 497 against the advocate living in Adultery.
The Court issued process and bail was granted to the Advocate. After this the adulterous Advocate has filed a Revision Application in a senior court that there was no Verification.
After filing so many documents that had proved adultery in the Family Court, along with the dispositions of the various witnesses in the Family Court is it necessary for verification, or production of witnesses, as the Hon’ble Judge never conducted one before issuing process u/s 497 after having gone through all the documents filed.
What is the right procedure and if it has to be rectified then what is the manner to do so.
Things are just being made so complicated after all the torture gone through because of wife and advocate.
Kindly Guide.

Regards
Atish

Magesh Vadivel   29 March 2014 at 06:36

ancestral property will not registered/witnessed

Hi,

My grand father before died two days,he has written will in his own handwriting in normal paper and kept it in safer place.which is not registered and not signed by witness.

Note:
-------
1.Please let me whether it can treated as will and he did'nt written any other will before.

Let me know on questions.

Thanks & Regards,
MV