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

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Member (Account Deleted)   21 March 2014 at 12:17

Company secretary

As per the provisions of the Companies Act,2013,a KMP cannot hold a full time job in any other company except in its subsidiary. However, he can hold the post od director in any other company.
Now my query is can the CS of a company having paid-up capital of more than Rs. 5 crore be appointed as CS in one or more of its subsidiary(ies)? Can he hold the additional post, even if the paid-up capital of its subsidiary(ies) exceeds Rs. 5 crore?

Rupesh Kr Singh   21 March 2014 at 12:10

Suggesiton wanted

Sir,
I have been recruited in Irrigation & Waterways Directorate, West Bengal as Data/Computer Operator on temporary and contractual basis. I would like to know at what point of time I may become Permanent employee or after how many years I may appeal to become permanent employee and how?
Also 10 % income tax is deducted from my professional fee. Will i get this 10% income tax back. If yes, then how can i get back?

Vasant   21 March 2014 at 12:04

Succession act

Hello All,

I am having 6 sisters (5 elder &1 younger) and 1 elder brother. We own an ancestral property of 32 acres in total. All my sister are born before 1956 and married before 1977 (excluding 1 elder sister who is unmarried). After the death of my father in 1977, all lands were registered jointly to me and my elder brother. Now, my sisters are asking the share in it. Please let me know about the succession Act 1990 and amendment made in 2005 in my case. Please do remember that we are natives of Karnataka as I can see in other blogs that there are different law is implemented for different states. Help me to solve the issue.

Rohit_talukdar   21 March 2014 at 11:46

Ipc-376/417...false promise of marriage

Dear All,

Myself is sunny. One girl booked me under- IPC-376. I am narrating the fact below. Please help me out.

VG – Name – Mani, Age-26

Brief Narration of Mani in the FIR

1.0 Mani is a innocent and a very simple girl. We meet and exchanged our ph. no. We used to talk over phone some days.

2.0 Sunny proposed me and expressed his willingness to marry me. I accepted the same.

3.0 We used to visit many places and one day sunny took me to a hotel. There taking the advantage of my simplicity Sunny had sex with me without my consent and with promise of marriage.

4.0 I asked for marriage after some day and He and his family rejected. Hence this FIR.

5.0 Also Sunny is a loose character person. He cheated on other girl in same way.


Brief of Chargesheet

1.0 FIR attached.

2.0 Statement of Aunty of Mani under 161 C.r.P.C –

Mani and Sunny in deep love. All know about their relationship. As they are going to be married I have given them safe opportunities to meet each other in my house lonely many times. With this opportunity Sunny used and took pleasure of Mani’s body. Also they have visited a Hotel and there Sunny used Mani… ..etc… .etc…

( This is totally lie. Me, Sunny and one of my friends, Tuhin visited that Aunty’s house with Mani only once. I and Tuhin talked with grand mother of Mani about her health and then after having sweets and tea we leave their house. Staying at Aunty’s house will be approx 40 mins. Also we never acted like lover and Mani introduced me to her Aunty as a friend only.
)

3.0 Registration File of Hotel – No registration done in the name of Mani & Sunny.



4.0 Statement of daughter of Aunty under 161 C.r.P.C - Age-24 and same statement as Aunty.

5.0 Statement of Mother of Mani under 161 C.r.P.C – same statement as aunty. Also she told that she knew everything from the beginning and always had given opportunity to her daughter to meet sunny.

6.0 Statement of Riya under 161 C.r.P.C – Mani and Riya are friend. One day Riya accompanied Mani to meet with Sunny. Sunny took them to a hotel. There Sunny had taken Mani force fully to a hotel room infront of Riya. Also Sunny used Mani at Aunt’s house many times.

7.0 Statement of Mani under 164 C.r.P.C – Mani’s statement in front of Judicial Magistrate same as narrated in FIR. (It is ridiculous that difference in exact wording in FIR and statement under 164 may be 5%.)

8.0 Medical Report of Mani –

a) no sign of injury in private part.

b) Hymen is present but spacious.

c) Ultrasonic Exm recommended but Victim Girl Rejected.

d) Victim is Capable of Enjoying intercourse.

9.0 Medical Report of Sunny –

a) Accused not impotent

Opinion by Doctor – Based on the medical report of victim I opined that is the victim is free to blackmail.

10.0 Statement of Hotel Manager under 161 C.r.P.C – Manager is unable to recognize Mani but as Mani identified him so whatever Mani is saying Manager is accepting it.

11.0 Statement of Accused’s (Sunny) Wife under 161 C.r.P.C - After marriage registration Sunny’s wife (Sunita) came to know that there is a problem going between Sunny and Mani. Immediately Father of Sunita contacted Father of Mani. her father assured Sunita’s father not to worry and he can go ahead for his daughter’s marriage without any hesitation. After Sunny’s arrest, again Sunita and her father contacted Mani and Mani’s Mother but they demanded

a) Mani’s marriage with Sunny’s brother. Or
b) Fifteen (15) lacs cash

So it is found that Mani pressed FIR only after their social marriage although she knew everything about the marriage. This only to take advantage of the situation of Sunny and to blackmail Sunny.

12.0 Statement of Father of Accused’s (Sunny) Wife under 161 C.r.P.C – Same as above.

13.0 Statement of a Person (Abhiram das) known to Accused’s (Sunny) Wife under 161 C.r.P.C –

Statement is same supporting Sunita’s statement as supporting evidance.

14.0 Final Conclusion of I/O -

Based on the above statement this case is well established under sec-376/417 of IPC.


After reading charge sheet we contacted hotel manager and he told us that he did not given any statement to I/O. Then we contacted Riya and Riya’s mother. They also told us they had not given any statement to I/O. Infact no police officer contacted them. She assured us that she will not go for any testimony at court. Also Mani and Mani’s mother are torturing them using slang language and telling everything about Riya to neighbours.

Then we contacted I/O and he is telling that “don’t worry as there is no hard evidence and everything written in charge sheet all are framed. If he did not write like that then there will be no case and Mani will then complain to SP as she already complained two times to SP for not arresting Sunny.

Now trial and framing of Charges are yet to start at court.

I request for a advice for my future course of action. Also if there is any chance of not getting convicted.

kush   21 March 2014 at 11:16

Tribunal court

Sir, What is meaning of tribunal court and what types of cases are fought in tribunal court. Can case regarding possession of property (constructed shop)be fought in tribunal courts.

C. Mhatre   21 March 2014 at 11:11

Stamp duty and registartion

In 1987 my parents purchased a 1-BHK flat, they paid stamp duty for which they have a receipt copy of payment made towards stamp duty but they have not registered the property.

I want to know whether in this case,

1. Since the stamp duty was already paid, so if they want to register this property, whether they need to pay only registration fees or stamp duty again.
2. Whether they can sell this property without registration.

Please provide your inputs.

WellWisher   21 March 2014 at 09:42

Pictures, video or recordings

Hi,

I Have few queries:
(1) Can someone take pictures (immmovable/movable property)/video or record voice of anyone without owners/their consent ?
(2) Can individual send these pictures (immovable/movable property) via email to anyone without consent from owner of their property ? what options owner has in case this is illegal ?
(3) Can recorded voice/video's (without concent) be shown/heared to parties involved in dispute without a criminal case ?
(4) Can anyone involved in those voice/video sue owner of voice/video if they are not shared via email/online ?

None of these are obsene in nature.

Thanks for your quick response.

Thanks

vijaya   21 March 2014 at 09:15

Name change from hindu t0 muslim

Sir,

I have a name called wahida in kaze ,but i have changed my name to sajidha in gazatte,how will i apply the change to kaze as sajidha?
please help

Rohit Jain   21 March 2014 at 09:06

Vacation order of mcd

Hi All,

I have a shop in old delhi on ground floor as tenant. A builder has purchased the shop on first floor and approaching the owner of shops on ground floor to vacate the same so that he can build up a multi story building. We were not succumbing to his offers and we received the order from MCD to vacate the building saying the same is in dangerous condition.

The MCD order states that ground, Ist, IInd and IIIrd floor should be vacated. However, there is only ground and first floor in the building.

Please advise what action can be taken to safeguard our interests.

JEGADEESAN   21 March 2014 at 08:54

Tn vat reg

Dear Sir,
I need to clarify a doubt regarding ITC reversal under TN Vat.

i.e.
a)M/s. Jaya Traders purchased the goods @ 5% for Rs.105000 (incl Vat)

b)They have Purchased some goods @ 14.5% for Rs.114500(incl Vat)

Now they sold the same goods @ 2% to other state for Rs.306000(incl CST)

What is their Tax Liability? Pl consider the recend amendment also.