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

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anjali   26 December 2013 at 11:27

Regarding my caste certificate

sir ... my name is anjali .. in my tenth class school tc. my caste is written as balija ... but my fathers caste is gajula balija.. my school people didnot enter gajula infront of my caste.. and now i applied for obc certificate. gajula balija is obc.. and balija is oc... how can i change it? or can i apply for caste certificate for my father and change it ...please help me regarding this.. some more details i will share with u:
in my intermediate and engineering tc my caste is mentioned as just oc ( no balija/gajula balija written in that)..
now can i go and ask for my obc certificate ... please help me regarding this

Deep Kumar Saha   26 December 2013 at 11:17

Competition commission

Dear All,

I am supposed to acquire a shop space on lease for footwear business. In the lease Deed I want to put a clause whereby the landlord shall be restrained to offer any space within the premises to an entity who is engaged in similar trade. Please give your kind advice to the clause , will that amount to violation of any provision of Competition Commission laws.

Sumir   26 December 2013 at 11:04

Mental harassment and defamation by anonymous complaint

From last 1- 1.5 year, there are anonymous complaint, which are baseless and not genuine at various places against me. It causes mental harassment and defamation, affecting my work. Complaint includes molestation, corruption and what not... I understand that anonymous complaint is meaningless....but is there something that I can do? Also I am afraid of being implicated in a false case, (say, molestation) by that unknown person, who is doing all this. Please commment

ishita   26 December 2013 at 10:38

Help!

Hi,
My husband on 24th Dec came with his lawyer uncle of his to the CAW and said they will not take me back. They tried hard to push us for MCD by telling us no point going to court and wasting 4-5 years and also threatening me that they will use their resources if we do not bow down to their demands. We flatly refused their demand and told them that they can not force us for a thing like this. They know how much guilty are they because I have solid proofs with me that shows the act of throwing me out of the house and then running away with my stuff and staying out of touch with us was a well-planned move by them.
However I am in no mood to divorce. Kindly tell me what is the next step I should take?
a) Would filing a DV case on them a better idea?
b) My husband has lied to me about his income and said he earns just 12k a month while the lifestyle led by him is pretty lavish. 27k was only the house rent that he was shelling out for the apartment we took on rent in Vasant Kunj. How can I produce proofs of his real income as I do not have much details about it?
c) What benefit would I have if I file a DV case first? Would it prevent him from putting a divorce case against me?
d0 What all can I charge him with under DV Act?

Please do reply at the earliest as my next mediation date is 4th of Jan and I need to know what should I say there in response to him saying he does not want to take me back? Should I ask the IO in front of him to register my case though I am not too knee on putting a dowry case on him.

Navin Pandya   26 December 2013 at 10:36

Labour court didn't used its powers

Namaste.

Kindly clarify and advise:

1) Even though Labour Court has powers to try criminal offence, the Court denied to use it against the Respondent for misrepresentation despite demand by the Complainant, which led to miscarriage of justice to the Complainant.

2) The Labour Court did not combine/include other provisions/sections in the ongoing application after the further issues developed after the main application.Despite the Complainant's matter in the Court, the Respondent dismissed the complainant, without Notice & Notice Pay in the most unjust manner without the Court's permission but the Court didn't question the Respondent for such illegal act but rejected the Complainant's application to add another concerned provisions of the IDA and provide relief to the complainant.

3) The Labour Court didn't direct the Respondent to produce the Resolution of the Board of Directors, pleadings signed according to the order No. XXIX of the Civil procedure Code and the Power of Attorney in favour of a person signing the Respondent's pleadings.

Under the circumstances, is the judgement of the Labour Court valid?

Best regards,

Navin Pandya

venkatesh Rao   26 December 2013 at 10:35

Clarification

Dear admin,

Whenever I try to reply to some queries, a dialogue appears as- this query does not exist here. I clicked on all buttons like only unattended, resolved etc-but same dialogue appears.

Pl. revert to earlier situation wherein one could reply at any time which really helps the community.

Indravadan   26 December 2013 at 09:16

Unregistered ducuments

Can i challenge unregistered documents against registered documents ?

Alpesh Makkampara   26 December 2013 at 08:53

Child visitation

My wife has filed 125 and 498 case against me .Both cases are under trial. I have 6 months old son. I want to visit my son regularly. what to do for this?

Law Student   26 December 2013 at 07:41

Stop payment of cheque

Dear Experts,

I have a peculiar situation, wherein I had to put a stop payment on one of the cheques issued by me. Facts of the case are -

1) I had a microwave for which I called the authorized service centre. The Microwave was overheating and shutting off withing a minute.

2) The service centre personnel identified a part, stating it to be defective and replaced it. (This part was ~50% of the microwave cost)

3) The payment was made by way of a cheque after receipt of bill.

4) Once he went, the microwave was again giving exactly the same problem of overheating. (ie it had not been repaired)

5) I sent the service technician SMSs, tried calling him, again put complaints in the call centre, sent emails stating my concern, but no one bothered to call back. The service personnel did not even take my calls.

Looking at the above, that the company and the authorized service centre is not interested in rectifying the issue, I put a stop payment to the cheque.

This incident and putting a stop payment was mentioned in my final email to the company and I requesetd them to hand over the cheque back to me as service was not performed.

My question: In such an incident am I liable under Negotiable Instruments Act (keeping in light the recent SC judgement where stop payments also come under purview of sec 138). What precautions can I take to safeguard myself?

Thanks a ton for your advice.

sambasivakamasani   26 December 2013 at 05:57

Contract license under clra 1970

Principal Employer recommended and obtained license by Principal Contractor. Principal Contractor engaged 8 or 9 sub contractors. Sub contractors are not covered in the license obtained license by Principal Contractor. Now it is more than 5 years sub contractors are supplying labour fore more than 20 labour. What action we can demand against PE, PC and Sub Contractor. What protection and rights we can raise on behalf of the sub contract workers. Pl. mail sambasivakamasani@gmail.com