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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

N V S BHAT   14 February 2014 at 21:05

Lawyers fees for accident cases

One of my friend had met with an vehicle accident few years back, and now has been awarded around Rs 30 lacs as compensation.
The lawyer who handled the case is now demanding 20 % as his fees. In the initial stage fees was not discussed and the lawyer also did not specify his rate. He is now threatening to get the above amount.
Can any body guide how the matter can be tackled & whether the lawyer is justified in demanding an abnormal share in the compensation amount

Member (Account Deleted)   14 February 2014 at 20:52

Protection from misuse of dowry act/domestic violence act/498

Dear Expert
I am Sunni Muslim from Punjab. I got married in the year 2012 under Muslim law & have no child. My wife started dispute on small thing & cruel to my old mother. She threatened us to file a dowry case & beating etc in addition to dire consequence. On 29-01-14 she started dispute on a little matter & abused me and my mother. When his brother was called he came with they manhandled my younger brother & also dragged us to police station. Where a compromise was made & she was allowed to go with parents but she took away all the ornament. I have submitted my application to Amarat-E-Sharia Punjab. Pls guide me what shall do to save myself and my old parents from her threats of filing a case under dowry act and domestic violence act.

Yogesh   14 February 2014 at 20:16

Index of record of proceedings

Please specify me the concept of "Index of Record of Proceedings" in the view of writ petition in Supreme Court of India.
and please give me any specimen (sample copy) of "Index of Record of Proceedings"

Vinesh K Chhaya   14 February 2014 at 19:33

Negotiable instrument act section 138

JMFC ordered to pay or jail to accused offence under section 138 Nego. Ins. Act.. the appellate court decided not to interfere in subordinate court's order. the respondent still have not paid amount in favour of complainant or arrested....which steps will be advisable for complainant ? How to execute the order of subordinate court, which provision in CRPC for execution ?

details of order
Order of JMFC
(1) Respondent to be held as Accused for offense under 138 of NI Act and to be punished with penlty of rs. 5,000/- under provision of section 264 of CR.P.C.

(2) it is ordered to Accused to pay rs. 60,000/- to complainant...and imprisonment for six months if fail to make payment.

Order of Addl. Dist. Judge
1. Appeal of Appellant is rejected
2. order of JMFC held proper
3. no order to cost

DV victimmmm   14 February 2014 at 19:03

Wife filed application to summons it department to get my tax information

Dear experts,

Wife had filed DV case in November 2010 which was dismissed by the court.She filed crpc 125 last year and filed RTI to get Tax return information from Income tax department.This RTI application was rejected and I also sent a reply to IT department not to disclose the information.I proved that wife is earning and lied to the court during my evidence.

She had closed her evidence and now she has filed application in the court to summons the RTI officer from IT department to get the my income tax details.I am not working since last 1 year by the way.

How can I oppose this appilcatiion. As far as I know there is already a judgment from Supreme court that income tax information is a private information and can not be discoled if thereis no larger public interest involved.Please give me any advice in this regard.Thanks a lot in advance for your valuabe suggestions.

Vinod Patidar   14 February 2014 at 18:43

Salary loss due to delayed posting with respect to low rankers in selection merit.

A direct recruitment exam was conducted by Rajasthan Public Sevice Commision(RPSC)for the post of Headmaster,Govt.Secondary School (A post in Rajasthan Education Service) and RPSC provisinally recommmended 1710 candidates to the department for posting in a single list.Department ordered posting of approx 1520 candidates on 13/9/2013 and those are succeed to join before January 1st,and thus eligible to get annual increment on July 1st,next year.Rest candidates not get posting orders till 10/1/2014 due to election code of conduct and other adminstrative reasons.Due to this deprived from Annual increment on 1st of july that year due to service less than six month on July 1st.Many candidates who joined after January due to delayed orders are bearing high rank in selection merit from many candidates who joined on or before January 1st.
As par rules governing Seniority, Seniority is based on Selection Merit.
Now, due to this many candidates who joined on or before 1st January and junior to many candidates who joined after 1st january,are getting more basic pay than those who are seniors,due to their high rank in merit.
Can this candidtes can claim notional benefit eqaul to those who are joined before 2nd January.
Please give reference of any court decision on similar matter.

abdul salam   14 February 2014 at 18:42

False certificate

Dear Legal Experts,
One of my friend who is a land lady and propertied women had got destitute widow certificate from taluk office by giving false declaration as bpl through her brother who was a village administrative officer. The thasildhar also had colluded with them knowingly and issued the certificate .On the basis of the destitute widow certificate she got an employment in a school overlooking the real destitute person .She has constructed 2 houses one of which is by encroaching her in-laws land instead of constructing it in her own land which is just opposite to in-laws land .Now she is demanding her share in the mother in-laws land .Her in-laws side are refusing to give her a share quating the Islamic law of inheritance where the pre-deceased son has no right to claim. ( Her husband death-2000, her father-in laws death in 1965 and mother in laws death in 2002)Further, they are suspecting the death of her husband all of sudden after a big quarrel between husband and wife.
After 13 years, the affected real destitute women has given complaint to the higher authorities ,to take the disciplinary action against her for giving a false certificate and to prosecute her as per law. Who is responsible for her proplems? 1)her self 2) her brother 3) the thasildhar. what is the law says. How to help her to comeout successfully from this problem. What will be the maximum and minimum punishment and how to avoid that punishment. The thasildhar and her brother (vao) are drawing pension. Will they be included in the case Her claim for in-laws land share is maintainable in the court of law .what she has to do now .Please give your expert comments/advise to help the widow to solve her all proplems.
Thanking you,
SAPNA

jayendrasingh   14 February 2014 at 17:53

C form query

Respected sir,
i am goods purchaser of maharashtra(VAT 12.5%), i am purchasing goods from M.P.(VAT 13%)if i am receiving goods against C FORM(2%)how i will be taxed 1)dealer of M.P. will apply directly 2% to me? 2) and how i will pay tax?will i have to pay 2% + 12.5%(maharashtra vat) = 14.5 %?
dealer is saying that he will give goods against C FORM at 2%,but u have to pay tax 2%+12.5%(maharashtra vat)in maharashtra is it true?

bala   14 February 2014 at 17:36

Property rights.......

Respected sir / madam,
One man used in village nattam land above 10+ years. After that he builds a home and got property tax receipt and EB receipt.
Questions:
1. Whose owner of this land that man? Or government?
2. If that man is owner, why? What rules?
3. Will take government this land or not?
Thanks & Regards…..

Rakesh Chandra   14 February 2014 at 16:53

Partitioning an agricultural land and selling it to many

A real state dealer has bought a large piece of agricultural land and reselling it to many people after partitioning . and I am also planning to buy 1 plot there.

In this case how can we locate our piece of land within the whole property by the description of neighbouring plots only.
Because currently the neighbouring plots are registered in the dealers name, and when someone else buys it then names in our papers will be invalid.

secondly please suggest the important points to take care of, before purchasing such land for residential purpose.