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

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P GOPALA KRISHNAN   13 January 2014 at 09:01

Gurantee to a loan

My mother, sister, neice, nephew and me had mortgaged our ancestral property for the education loan availed by my nephew one of the share holders of the property)& his father for studying in Australia and the other 4 i.e mother, sister, niece & me stood as guarantors. Now it is understood that the loan has been classified as NPA and we (the guarantors) have received demand notice under SARFAESI act. It is to be mentioned here that till receipt of the demand notice my mother & myself did not know that there was default in the loan. Hence we were not given a fair chance to take up with the borrower for repayment.Also the guarantee document signed by us is more than 3 years old and tyhe same had not been revived. Will the limitation act take effect.

P GOPALA KRISHNAN   13 January 2014 at 08:53

Dismissal

I have been dismissed from IOB's services under IOB Officer Employees (Discipline & Appeals) Regulation 1976. I am unable to understand what this regulation is and I am unable to find the same. Can you help me out in knowing what this clause is. This is in relation to the latest Supreme Court Verdict regarding eligibility of retirement benefit for employees dismissed with superannuation benefits. In my case it is not clearly stated that the dismissal is without superannuation benefits though they have mentioned I am not eligible for any other payments.

sa7124   13 January 2014 at 00:22

Trademark ---- no infringement

May I request somebody to kindly let me have the format of " Reply Legal Notice". related to trademark no infringement. from defendant side

i found one advocate but his fee is huge, i cannot afford that fee so.


i have visited many advocates near to my surrounding they are saying we don't deal such trade mark related cases.

first word is generic and remaining word mark is totally different and goods&services too

please help me some one, by showing the format of reply Legal notice



This is the notice which i received


Respected madam,

sub: Trademark Infringement

we write to you on behalf of our client ____ having its registered office at ______


our client is an education service provider having experience of more than 3 years. he has been running educational institution by name _________ and our client is not only the registered proprietor but also a first user of the registered mark with respect to education academies by this above name.

it has come to our client's attention that you propose to adopt/have adopted and/are using our client's mark ______ which is a popular and well known registered trade mark, in relation to your proposed/existing school/educational institution. your actions are designed to mislead the class of buyers into believing that you have some affiliation, sponsorship, economic, or trade connection with our client, when no such affiliation, sponsorship, economic, or trade connection exists. your proposed use/adoption of our client's mark ___________ is apparent from your trademark application. online status of the same is attached to this notice for your kind perusal.


your actions amount to infringement passing off , falsifying and falsely applying trade marks, and are therefore in violation of the provisions of the Trade mark act, 1999. in view of the above, our client wishes to put you on notice of its rights and inform you that you that our client will oppose, any of your marks that are same or deceptively and confusingly similar to our client's popular and well known registered mark __________ and also initiate infringement and passing off proceedings against you. However, our client is of the opinion that the matter can be settled amicably. To that end, we ask that you comply with the following on or before 20/01/2014.

1. withdraw your trademark application filed with Trade mark registry.

2. stop all use of the name and mark ____ or similar name in any manner whatsoever with immediate effect

3. stop all use of any trade name that is identical

4. Give an undertaking that you shall never use or register any mark that is same/similar a misspelling of or
confusingly similar to our client registered Trade mark ______ in respect of any goods or services in any
goods or services in any manner whatsoever.


we look forward to hear from you soon.

your sincerely,

___________

Venkadesan   13 January 2014 at 00:05

Can a will for property be made in a different state

Hi,

Good day,

My mother has 3 properties on her name in state of pondicherry. Due to occupational reasons our entire family ( Mother, myself & 2 younger sisters) moved to Bangalore. Is it possible for my mother to write a will for these properties that is located in pondicherry and register the will in Bangalore itself, without travelling to Pondicherry?

Will such a will have proper legal rights and accepted in pondicherry?

Rgds
Venkat

madhu   12 January 2014 at 23:10

Termination or resignation

i am working in bpo company now the process is ramp-down(finish), they say we redeployment to u other process u need to sign a stamp paper u will get 3 chance to interview if u not clear u resign from your current designation what is the law of force to resignation or termination without any reason

Dinesh Singh   12 January 2014 at 22:03

Rcr-wife ready to join me- mil big problem

i got married on 01/02/2013 and everything was going fine till the date my wife got pregnant in the month of may on the date of confirmation when I took my wife for sonography for the first time my MIL wanted to talk with me after getting the good news that her daughter and my wife is pregnant and she out of happiness said something unfortunate which was like unbearable for me, she said “PAPPU PASS HO GAYAA” and unfortunately she couldn’t continue the pregnancy as it was a belited ovum and she has to undergo D&C in the month of june. After the D&C my MIL came to my house to meet my wife and at that time out of frustration because of miscarriage as I considered it as a great loss to my family i couldn’t stop myself from scolding my MIL for her most disrespectful words for me she used that day and for that my MIL asked for forgiveness and I asked her to mind her language while talking to me and my family members, then in the month of june my unmarried and only elder brother died and after his death my MIL commented to my mother that “ACHA HO GAYA WHO MAR GAYA” to which my mother objected after she regained conscious around after a month and asked for and apology to which they took a long time and on 23/09/2013 she apologized to my mother for her words, but on 26/09/2013 my wife said that she want to abort the baby because I made her mother to say sorry to my mother and she wanted to go back to her mothers house to which I tried to make her understand that my and my mothers respect is her respect and she must not think about this stupidity, to which she agreed and everything was going on fine, I had apprehensions that the idea of abortion and going back to her parents home came from her mother. Life was normal till 16/10/2013 when my father in law and his younger brother came to my home to take my wife with them for few days to which I refused as I told them that she is again pregnant and this time I don’t want to take any chance as I had lost the first pregnancy and they agreed and said that I am rite in my thoughts and they left hapily but again on 17/10/2013 in the evening when I was on the way from my office to home they came to take my wife and after reaching my home I saw that she had packed the bags and all efforts of my mother to stop her to take this extreme step failed and my wife left my home with his father and uncle along with all the clothes,jewelry and everything they find belonging to her except some woolens and shoes. while going they threatened me that they will do anything legal or illegal to spoil my life and they are going to abort the child as my wife is pregnant. my wife never had any issues with me rather i was having some issues with her parents about their misbehavior with me and my mother. and it was very surprising that my wife left me for her parents. on 20/10/2013 i filed an FIR at local police station that she had left my home and i have apprehensions that they may try to frame false cases against me and my family and also she may abort the child which i dont want. i am happy that she havnt aborted the child yet. in december i filed RCR and after receiving the notice her father called me on 08/01/2014 and wanted to meet me and i accepted his proposal and he was feeling sorry for his deeds and wanted to send her daughter to my home to which i agreed and the next day he again gave me a call and asked me to meet my wife in the evening of 09/01/2014 after work at some restaurant to which i agreed and there my mother-in-law was also present and during the talks my wife was happy to join me and felt sorry for her past deeds and her father also said sorry to me but my MIL said that she wanted that her daughter should teach me and my mother a lesson while staying at my home. i was thinking that my wife is coming back in to my life and everything will be fine, but this statement of my MIL shaken my thoughts and now i am afraid of the very thought of living with her as she had left me for her parents and now she is ready to come back because of her parents/mothers plan to do something to spoil my life to teach me a lesson.
what should i do..??
should i file another FIR that after the RCR notice my wife is ready to join me but my MIL threatened me.
i m a Central Govt servant and my wife is also a Govt employee, we both are earning almost same amount of money, mine is little more, say like 5000.
she is now about 6 month pregnant and i am happy that she is healthy and want her back so that i can lead a happy and complete life with my wife child and my mother.
next date of hearing for my RCR case in 26/03/2014 and date of delivery of my wife is 14/05/2014.
please help me.!!!

Manas Ranjan Behera   12 January 2014 at 21:32

Need advice for filing consumer complain

Dear Sir,

I would like to take your advice about how to proceed to resolve my problem.

I have brought a Royal Enfield Thunderbird (350 CC) bike on 03.01.2013. From day one it was giving problem in digital Speedo meter. Below are the problems summary.

1. Fuel indicator not works in this meter (still the problem is not resolved).
2. The kilometer and running speed not showing properly. i.e. if I have travel 20 kilometer it shows 40-50 kilometer (still the problem is not resolved).
3. Unwanted noise generating from Speedo meter (still the problem is not resolved).
4. Engine stops working when riding (from June to till date).
5. Entire wiring burned out in riding position (on dated 10 of March 2013).

I have raised this problem in several authorized service centers for repairing but till day it was not resolved. When I complained this issue in royal Enfield customer care they changed the Speedo meter every time but within few days it giving same problem. They had changed the Speedo meter 4 times in my bike (I am not sure they had changed or repaired). Recently they changed the Speedo meter on dated 21 of December 2013 but after riding 300-350 kilometer it giving the same problem.

I had on the way to my office and riding around 20-25 kilometer. In that time (when riding) my bike caught fire and burnt out. I complained it in customer care, they inspect my bike and repaired it without any charge and told me that due to short circuit it happened.

In June 2013, While riding the bike it gets intermittently switched-off. In that time I tried to start my bike but after few kick it again started. Again I complained this problem to royal Enfield and they are troubleshooting this issue at that time but after few days it giving again same problem. Again I complained about this issue. I have complained 4-5 time about this problem. Finally they got the solution (due to air not pass in fuel tank) and changed the fuel cap in December 2013 after give a lot of pressure. They had take 5-6 months to resolve this issue.

I have purchased this bike when this model was newly launched. I am afraid there might be some manufacture defects with my bike or the Speedo meter.

I really appreciate if you could advise me how to deal with this problem legally as I am not satisfied with Royal Enfield services. Many thanks in advance.

Regards,
Manas Ranjan Behera
+91 9619551266

Deep   12 January 2014 at 21:15

To claim unpaid rent

I had pagdi resident property which went into redevelopment after landlord sold to builder for redevelopment. After that agreement was done between builder and me for redevelopment for which he had given resident property which would be ownership in nature and would provide rent till he complete and provide possession but since last seven years he had not completed the project nor providing rent from last five years. So can you advice me what should i do to get rent and my property. Is there any timelimit to file a case for unpaid rent in court. please advice

shashikanth   12 January 2014 at 20:33

Non updation of cibil by bank

Hi,
I had taken a loan of 6 lakhs from axis bank in 2008 and closed it in 2011. The bank however has not updated CIBIL about the account closure.
I am applying for a new housing loan and this new bank told me yesterday that cibil report shows 4 lakhs loan as outstanding.

Is it possible to sue Axis bank for not updating loan closure details to CIBIL??

Kindly answer at the earliest

Uday Kumar   12 January 2014 at 20:20

Can civil court verify the validity of the oral will

Dear Sir,

One brother filed suit for a partition against another brother, Another brother submitted in Defense that Suit land was transferred by way of Oral will by Father to me so you do not have any right.

So inn above contest Question arose whether Civil Court has Power to investigate the validity of Oral Will in view of the law that Oral Will has its legal identity and validity of Oral will is exclusively triable by the Probate Court.

Request for any Expert View