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

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Chetan   09 March 2014 at 01:57

In laws not returning gold kept in their bank locker

Dear All,
Season's Greetings to you!
Around 13 years back (after marriage), my wife gave all jewelry (Gold,Silver,...) to her mother to keep in her Bank Locker. But, now they (Especially her brother) is putting condition that to get jewelry back, my wife has to sign on a paper to state that she is not having any right/share in her parents property.
Please, suggest what to do.
Can I/she get that locker seized before they remove jewelry from locker by consulting the concerned bank, If yes, please suggest how to do that.

Thanking you in anticipation.

Regards

Chetan   09 March 2014 at 01:51

In-laws not returning my and my wife's gold kept in their bank locker

Dear All,
Season's Greetings to you!
Around 13 years back (after marriage), my wife gave all jewelry (Gold,Silver,...) to her mother to keep in her Bank Locker. But, now they (Especially her brother) is putting condition that to get jewelry back, my wife has to sign on a paper to state that she is not having any right/share in her parents property.
Please, suggest what to do.
Can I/she get that locker seized before they remove jewelry from locker by consulting the concerned bank, If yes, please suggest how to do that.

Thanking you in anticipation.

Regards

n.n.reddy   09 March 2014 at 01:08

Looking for divorce

from last 2 years my wife is not with me how to get a divorce from her?

Anguluri Annappa   09 March 2014 at 00:00

Any cheque retuned in clearing with the reason 'account closed' is a fraudulent cheque.

Respected Experts,

The above subject is out of practical experience. Under Sec 138 of N.I Act bouncing of a cheque is a criminal offence.

In this context, I request you to clarify
why not the DRAWER OF A CHEQUE in particular and the banker who with gross neglience closed the account by taking a declaration that unused cheque leaves destroyed by him be held responsible for the fraudulent transaction after closing the account.

so my contention is that is that ANY CHEQUE RETURNED WITH THE REASON THAT 'ACCOUNT CLOSED' IS A FRAUDLENT CHEQUE AND AN IMMEDIATE CASE SHOULD BE FILED WITH THE POLICE ON THE PERSONS RESPONSIBLE
FOR DEFRAUDING THE PUBLIC AND SOMETIMES EVEN BANKERS. This query is not just for acedemic interest. pl clarify.

Annappa

chandra mohan   08 March 2014 at 23:22

Nullifying the marriage

अगर एक शादी से पहले लड़की का परिवार व लड़की स्वयं लडके को देख करके, पसंद करके शादी करते हैं व शादी के ६ महीने बाद शादी यह कह कर तोड़ देते हैं कि लड़का मोटा है या लडके का वजन ज्यादा है तथा लड़के वालों को दहेज़ कानून का सहारा लेकर ब्लैकमैल करने की कोशिश करता है लेकिन लड़की की ससुराल में लिखी गयी डायरी से यह पता चलता है कि लड़की के साथ एक स्कूल जिसमे वो नौकरी करती थी इंगेजमेंट से १-२ महीने पहले कुछ गलत हुआ था, जिसके कारण लड़का पसंद न होते हुए भी यह शादी की गयी तथा यह भी कि शादी के बाद लड़के वाले जो की लड़की के परिवार की अपेक्षा धनवान है उनसे शादी तोड़कर पैसा वसूला जा सके तो क्या ऐसे केस में:
१.Under Sec 12 of Indian Marriages Act application for nullifying the marriage can be moved as no sexual relationship was established by the girl with her husband rather she intentionally avoided it.
2. Whether application for marriage to defraud and earn money by misuse of dowry provisions can be moved.
3. Any other course of action available for the family of the groom.
4. In case the matter moves in litigation, whether the groom's parents are liable to reimburse the bride's family for the gifts given by them to the relatives of groom at the time of marriage.

Amit   08 March 2014 at 22:44

Cheating case against lawyer

hi I m Amit from bombay and had filed some Cri. WP in bombay high crt in the last 3 yrs. but did not get reliefs so far.so I hired a lawyer in the supreme crt and send him all the kegal oroceedings and papers so far. ee had decided fees of 50, 000. I wanted my lawyer to immediately filr my case undrr Art 32 and art 21 right to life cause my life is in danger for urgent reliefs. I even visited supreme crt in the month of dec 13 and now recently 3 days back. but what I saw that after oaying the entire amount in the minth of nov 2013 the lawyer started to ignore me and keot saying to me that I shouldstill oersue my case in thd bomvay high crt. so niw it us clear that my lawyer when j met hi on 6 march 2014 in the supreme crt he and his fried adk for further

money. which j think is complete black mailing and my
life is still in danger.cause for I paid him the money he
had not done anything. it us complete harassment and twice visiting from bombay to delhi twice. so sir can I
fild a case of cheating against the kawyer undef which
art and which section and undr ehat criminsl WP or Crim. Appli. need urgent reply.

GANGAM.RAJENDER.   08 March 2014 at 20:40

Specific performance suit notice

respected experts,
specific performance suit has been field and which was rejected by the superintendent as show the proof for willingness of part payment.
in the possessory agreement of sale not mentioned the specific date for part payment.according to article 54 of limitation act notices to the defendant is compulsory as limitation for part performance is not mentioned in the agreement.
Q1.CAN WE GIVE NOTICES TO THE DEFENDANTS AFTER THE REJECTION OF THE PLAINT BY THE SUPERINTENDENT (NOT REJECTED BY THE JUDGE).
Q2.WHETHER THE CAUSE OF ACTION FOR THE SUIT IS VALID IF THE DEFENDANTS REJECTS THE LEGAL NOTICE.
Q3.PLS GIVE ME THE SUGGESTION WHETHER LEGAL NOTICE IS VALID OR NOT AFTER THE REJECTION OF THE PLAINT.
THANK YOU SIR.

Devnandan Sharma   08 March 2014 at 20:26

Reference under article 317(1) of the constitution of india

I was a member of Bihar Public Service Commission. Proceedings in respect of reference under Article 317(1) is going on against me with three charges, the first of which is as follows:
"1. That the Chairman, Dr. Ram Singhasan Singh, and Members, Dr. Shiv Balak Chaudhary and Dr. Deonandan Sharma of the said Commission misused their office and indulged in corrupt practices while making recommendations for selection of candidates in the First Limited Competitive Examination as detailed in the Vigilance Report No. 19/2005."
The Vigilance Report No. 19/2005 is an FIR against 13 persons and contains about 90 pages togetherwith 150 pages annexed thereto.

My question is as to whether there is any example of a charge of misconduct in the History of Law similar to the above charge which has been approved by a Court of Law to be a specific and definite charge against a particular person. If so, kindly give reference thereof.

DKTAZILANOM9909   08 March 2014 at 19:51

Incomtax relief under sec 89(1)

Dear Sir,

We are the employees of a PSU. In 2010 October we got salary arrear from 2007due to our wage revision. We have applied for income tax benefit under sec 89(1) of the Income Tax Act for 07-08, 08-09 & 09-10 financial years and got the tax benefit under the above section. In 2013 we got another arrear from 2008 due to our facility part wage settlement and again applied for income tax benefit under sec 89(1) of the Income Tax Act for 08-09, 09-10, 10-11, 11-12 & 12-13. But this time our employer didn’t want to give the tax benefit under the above section.

[Section 89(1) authorizes grant of relief in a case where an employee receives salary in arrears or in advance or has received in any financial year salary for more than twelve months, a payment which under the provisions of section 17(3)(ii) is a profit in lieu of salary. The effect of such increase is that the income will be assessed at a higher rate than it otherwise would have been assessed and it is for this reason that section 89(1) authorizes relief to be allowed. The relief is to be allowed in terms of rule 21A of the Income-tax Rules, 1962.]

My query is that can we force our employer to give the tax benefit under the above section?


regards.

Swapan

Sadanand B. Panchal   08 March 2014 at 19:44

If wrong petitioner taking benefit of the stay order by the hon'ble supreme court of india

Respected Experts,
Two lady candidates of backward class submitted their Cast Certificates for election ‘A’ and ‘B’. ‘A’ submitted true Cast Certificate whereas ‘B’ submitted false and fabricated Cast Certificate before the Election Authority. On election ‘B’ was elected and became Councilor of the Ward. Immediately ‘A’ filed Criminal Proceedings against ‘B’ and after inquiry carried out under the order of the Magistrate court, under the Police authority it was found that the validity of Cast of ‘B’ to be wrong and certified copies of false evidence is on record. Thereafter ‘A’ filed Writ Petition before Hon'ble Bombay High Court challenging the validity of Cast Certificate of ‘B’. On hearing the Hon'ble High Court directed the Scrutiny Committee to carry out inquiry of validity of Cast of ‘B’ within four weeks. Thereafter ‘B’ filed SLP before Hon'ble Supreme Court and the Court without mentioning any reasons stayed the order of Hon'ble High court and clubbed the matter in bunch of different types of SLPs.
Now there is a laps of two years after the SLP filed by the ‘B’ and is pending before the Chief Justice of Hon'ble Supreme Court and ‘A’ has to appoint Lawyer of Hon'ble Supreme Court and incurred about 4 lacs of Rupees. Now the SLP came on board last 1.5 month but could not reach high on board. ‘A’ again engaged Lawyer of Delhi High Court and incurred expenses about 5 lacs.
In spite of being having false validity of Cast, ‘B’ continued to remain on the post of Counselor of the Ward taking benefit of the stay order by the Hon'ble Supreme Court of India.
Kindly inform me whether ‘A’ has any remedy to file Writ Petition before Hon'ble High Court of Mumbai praying dismissal of the post of ‘B’ in view of being having produced false and fabricated Cast validity and Cast certificate notwithstanding pendency of the SLP before Hon'ble Supreme Court of India. There are number of such type of SLPs pending before the Hon'ble Supreme Court of India. Kindly suggest me any solution.
Regards,
Sadanand Panchal