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

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ANKUSH   22 March 2014 at 18:34

Judgement reserved since 4 months

Hi
In a rent matter of my client - the judgement was reserved for more than 4 months ago in hon'ble Delhi HC after final arguments were complete (by a single judge bench who has subsequently been transferred to another bench after hearing final arguments).
Now in case my client mentions the matter before the judge or his court, chances are - he might get annoyed, & adverse judgement is passed, else we keep on waiting?
Now kindly advise on below queries:
1. What's the way out & what should my client do next?
2. Are there any guidelines as to till what time the judgement can be reserved?
3. What if (extreme case), judgement goes against my client - can he go in for a revision or appeal to a larger bench of HC only (before moving to Supreme Court) citing this fact that there was inordinate delay in pronouncement of judgement & same was kept reserved for over 4 months?
4. Or in such case there is no option but to appeal in SC?
Kindly advise

Regards

RAJIV SINGH   22 March 2014 at 18:22

Change of birth place in passport

if birth place is wrong in passport by any mistake. how it can be rectified of adopted child.

vijay bhaskar   22 March 2014 at 17:58

Regarding right of guarantor against prl. borrower

'A' proprietor of a firm obtained loan from State Finance Corporation in the year 2008 in the name of 'FIRM' by hypothecating the goods and articles present in the firm and also deposited his title deeds by creating a charge in favour of the bank. 'B' stood as guarantor to the firm and deposited his title deeds as surety. Now the principal borrower had committed default and his whereabouts are not known. The SFC issued notice to 'B' to clear outstanding balance amount or else they will proceed against the property of 'B'. Now it is learnt that the principal borrower had also obtained loan in another bank in the year 2010 by creating charge over the property which was put as security and created charge in SFC. 'B' paid the outstanding loan amount in order to avoid action of the Bank against the property of 'B' as the bank officials are preparing to proceed against the property of 'B' instead of the property of 'A'.

After clearing the loan amount by 'B', 'B' will enter into the shoes of State Financial Corporation under right of Subrogation.

My question is that Whether the entire rights of SFC will transfer to 'B' under Law once the dues cleared by 'B' including the charge over the property of 'A' which was offered as security to SFC because 'A' had also obtained loan in another bank basing on the same title deed i.e., same property?

Please do clarify legal position, as 'B' wants to file a civil suit to recover the amounts paid to SFC from the principal borrower. Suggest in which way 'B' interests can be protected against principal borrower?

Abhijeet   22 March 2014 at 17:15

Property vat in maharashtra

There is lot of confusion about VAT payments of residential flats which were bought between 2006/2010. My question is about recent modification announced for calculation of VAT on flats during that period.It came in news paper that now there are 3 slabs for payment of VAT which are 100%, 55% and 0% depending on at what stage you bought the flat. My builder is saying that this is applicable for one of the three methods earlier announced in which 5%flat VAT was collected. Is this true or is it applicable across all methods of VAT calculations?
Please advise.
Thanks & Regards,
Abhijeet

Arun Kumar   22 March 2014 at 16:59

Summon deliver outside india nepal , deamed to be delever

hello all Experts
I want to discuss a case of divorce.

A marriage was occurred in 2008 .From 2010 they are separated by mutual understanding and made a mutual agreement on stamp paper .
After that they file a Mutual consent case in court 2010 . After that his wife Does not fight the case and she never present in court for proceeding the case .She said that She is not need to fight case because she is not live in India. She lives in Nepal.After some Hearing court dismiss the case because second party does not proceed the case.
Now Husband file a new case U/s 13(a).in 2013 . Court send summon Two times as prescribed time period of 5 months . But no Receipt is come back .
so now MY question , that why it should not considered that "SUMMON DEEMED TO BE DELVER " And how to proceed this case further .

Abhijeet   22 March 2014 at 16:39

Vat on residential flats in maharashtra

There is lot of confusion about VAT payments of residential flats which were bought between 2006/2010. My question is about recent modification announced for calculation of VAT on flats during that period.It came in news paper that now there are 3 slabs for payment of VAT which are 100%, 55% and 0% depending on at what stage you bought the flat. My builder is saying that this is applicable for one of the three methods earlier announced in which 5%flat VAT was collected. Is this true or is it applicable across all methods of VAT calculations?
Please advise.
Thanks & Regards,
Abhijeet

Sultan   22 March 2014 at 15:42

Complainant facing threats, humiliation and harassment at police station

1. Went to police stn for register complain for noise pollution. 2. Senior of police stn denied registering complain and humiliated complainant. 3. The said insult was done inside police stn premises. 4. I have filed written complaint against the incident with DCP of that division. 5. What other steps can be taken against misuse of power and for harassing complainant. Thankyou

Geetha Singh   22 March 2014 at 15:40

Suggestion required - consumer forum

Dear Sir / Madam,

This is regarding the Samsung Grand Duos Smartphone which was purchased in July 2013. After 4 months of Usage, the device started giving issues mentioned below.
1. Hung many times while using application like call log, gallery, Email etc
2. Navigating between the application, the screen goes blank and stops responding.
3. The Ringtone volume automatically increases to the maximum even though its set to minimum
4. Doesn't allow to accept call and stops responding... Even the hard booting doesn't work
5. The Device heats up lot when compared to earlier usage

First I went to the service center in Jayanagar 7th Block on 22nd Feb. They asked to leave the device and they will check. The next day I got a call and asked to collect the device. This was 23rd Feb i's Saturday. When I asked what the issues was, they said software had to be upgraded. So I took the device and started restoring the backup. To my surprise, the device started hanging and slow and was getting heated up. So I went on Monday , they took the device, asked me wait for One hrs, it took almost 2 Hrs and they gave back, stated there were 2 versions of software so now they tried with end version. Again after using for one day, it started with same issues. They once again loaded new software and asked me to use only in safe mood and not to install anything. I did As they suggested, unfortunately after 3-4 hrs of usage, the device automatically restarted. Now I had to complaint to the Head office and Logged online complaint as the local service center didn't accept the device for repair. The Head office team suggested me to change the service center and asked to submit the device to their BTM center. The next day I got call from head office stating the motherboard might have failed and they will replace the motherboard. After 10 days of blame game on Software, finally they accepted its hardware and motherboard has failed. After informing , in next 4 hrs time I get call from Service center stating the device is ready. To upgrade the software they take 1-2 days and motherboard has been replaced in 4 hrs time. This is something I really could not accept it. From next day they keeping calling and asking me to collect the repaired mobile and they say they would give 3 month of extended warranty. The motherboard is the Vital component of any electronic device and as a customer I requested them to replace with new set. They are not agreeing and this has caused me lot of problems. Now I want to file Complaint against the company and Need the refund. I don't want to use their products whose service and commitment towards customers are so bad. Pls suggest If i'm on the right way as I have never filed any complaints. Pls review my case and suggest If I'm eligible for what I'm claiming as a Consumer. Will be waiting for your reply. I have the bill and job sheet as well. Attaching the same for your reference.

Regards,

Geetha Singh

ABCD   22 March 2014 at 15:18

Conviction under sec 279 & 338

I have been convicted under IPC section 279 & 338. The basis is one eye witness who has described the event.

Actually the accident happened when I was starting my car and was about to press accelerator when victim suddenly appeared in front of my car. I could not control break albeit accelerator was pressed harder car jumped on him and the front tyre injured him. After the incident I tool him to hospital and all his admission fee, called his family and then left.

Subsequently case was filed against me. My lawyer thought it would be wise to deny the incident the way i have described above. He was of the opinion that because of the lack of evidence the judgement will be in my favour. But now lower court has implicated me. I wish your advise regarding the standpoint I should take while filing appeal with session court. Secondly the punishment has been awarded as 6 months imprisonment. Is it too harsh?? Does session court judge will view it differently because of the quantam of punishment. Pl advice

sekhar   22 March 2014 at 15:09

To vacate the tenent wo refuses to vacate home

my upstairs portion was given to rent, he is staying from feb 2013. now he is givig trouble to use the common premises and using abusive word towords cotenent who is widow,and pensioner who is also relative to me and living alone. i asked to vacate , but he refuses to vacate. there is no agrement between us. i said orally to him that , vacate with in 3 months, and recorded in my sell. tenent is asking to give in writing. i refused. what is the right way. can cotenent lodge nusence case aginest him in police station,is it useful to vacate him.