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

Pawan Sethia   29 December 2013 at 16:53

U/s 302 ipc

SIR ,
IF SOME ONE HAS RECEIVED A SUMMONS TO WITNESS A SESSIONS CASE U/S 302 IPC IN WHICH IT HAS BEEN DIRECTED TO APPEAR BEFORE THE COURT . SINCE THE PERSON WHO HAS BEEN CALLED DOSNT KNOW ABOUT THE CASE N HOW THE SUMMON HAS COME ON HIS NAME .WHAT SHOULD BE DONE AND WHAT ARE THE CONSEQUENCES IF HE DOSENT GO TO THE COURT . PLEASE GUIDE WHAT STEPS SHOULD BE TAKEN TO SOLVE THE MATTER AND GET OUT OF THE CASE .

Hardik   29 December 2013 at 16:52

Transfer of tenancy rights

Hi,

We have a house in South Mumbai which is governed under Maharashtra Rent Control Act (Pagadi System). The house was bought by my father in 1986. Unfortunately he passed away in 2004. Since then we (my other & my brother) have been staying in the same house & have been paying rent on time. The receipt is issued in favor of my father. Now the Landlord has sent a notice thereby asking us to transfer the tenancy rights which is an intention of making money. He has done the same with many others in the same building. I want to ask, is there any provision in the law wherein the tenancy rights automatically gets transferred to the legal heir (my mother in this case) without paying any consideration. Please advice, what has to be done.

Krishnan VS   29 December 2013 at 15:41

School manule

Dear Sir,

We have prepared the school Manual whether it should be register or i have to get some siganature from the lawyers.What is the procedure. kindly suggest

hetalsangoi   29 December 2013 at 15:04

Mandate to charge the int on drawings to partners by firm

under law, when Income tax officer manadate to charge the interest on drawings to partners by firm .deed has expressed the int on capital of partners on opening balance @12% but there is no clause for charging the interest on drawings ?
Mandate to charge the int on drawings to partners by firm , pl provide the supporting case law for study

adnaan qadri   29 December 2013 at 13:59

Tenant not vacating the flat

dear sir,
i own a house on pagdi system, i have given the house on lease for 1 year leave and licence agreement. after completion of agreement it has been 2 months that tenant is not willing to vacate the house and not even paid the rent for the past 8 months.
i did the notary for my agreement but neither i did the registration of the agreement nor i took police NOC just on a good will which was a biggest mistake on my part.
please help me what should i do. when i approached the police they told me it is a civil matter and they cannot help.

Sunil Salunkhe   29 December 2013 at 13:30

Loan taken by brother

Respective Sir/Ma'am.

My brother has taken loan of Rs. 1 Lac from local patpedhi. now due amount is 1.68 lacs with interest. That patpedhi issued notice to us at village address which is permanent address of us.

Before 4 years, he has taken loan from 4-5 patpedhi that time we repaid loan. after that We removed his name from ration card . b'cas of his this type of activity.

now pls advice how i face this situation. As i am not in a condition to repay loan every time which taken by my brother.

Which action will be taken by patpedhi in this case.
pls reply urgently
Thanks.

varunm   29 December 2013 at 12:41

Breach of contract between indian it company and foreign it company

Hi everyone.
We are a private limited IT Company (India) and had entered into a contract with a Foreign Company to provide software services and website portal.
It was a big on-going project. The foreign company provides work one by one and paid time to time accordingly to the us(Indian company).
some days before the foreign company ends the project and said that we are taking too much time to complete things. We explained to the foreign company that it was not our fault as the server was too busy to work on.
suddenly, the foreign company asked us to give the source code of the website portal and he has no issues for the non performance. we have acted accordingly and provides the source code. (note: the foreign company has ended the project ,not us)
The foreign company said " we are in the business and have no hard feelings. we would work on some other projects later" and suddenly signed out of skype.

later after one day , the foreign company send us an email stating that we have to pay penalty/fine for the non performance of the contract. and said that we have not completed the work on time.

first of all, contract doesn't have any clause for fine, penalty, breach of contract as well as time limit for the contract, as the contract was a on going contract.
Now they are threatening us that we have to pay the fine of 6000$ in 7 days, otherwise they will serve us with summon of the English court. also contract doesn't have any clause regarding any law or court, whether Indian or English law would be applicable if breach of contract arises.

(Note : they just send us a normal contract and a NDA agreement.
They have paid ,till now, to us around 7000$)
what to do in this situation and what are the defenses. and they have ended the project (breach of contract)?

niky......   29 December 2013 at 12:29

Evidence session, do i need to resubmit all proofs?

Hello,

The framing of issues happened, and now next session is Evidence session, what will be the agenda of this session?
And do i need to resubmit all the Exibhits mentioned in W.S and any more as per framing done by court?
Currently i don't have a lawyer so wanted to know this before hand, so that I am prepared.

Thank you.

youngbro   29 December 2013 at 09:58

False 498a after 6 months and dv case almost after one year

Respected lawyers,

My brother s wife went to her parents home in sept 2012 tried to exort 7 lakhs in nov 2012, gave warnings in feb and my brother sent a legal notice and applied for RCR ,girl filed filed false 498a case on May 31st2013 my bro was sent to JC for two days On Monday as he had applied for RCR easily got Anticipatory bail, I read in some website that girl cannot file 498 If she is living separately is it true , pl shed some light on it, and also she filed a DV in august 2013 almost a year after she left my bro
's house. Pl help me by answering is it legal to do so ? my parents who are 70 _+ are very scared, and keeping themselves housearrested.

shantanu   29 December 2013 at 00:47

Tenant not vacating

we have a tenant from 30 years,he is not vacating my shop,10 year back a suet is filed against him . result is on tenant side,but now i want that shop as i want to expand my business,what can i do .is tenancy is terminated after his death ,tenant is 60+.