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

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Rohini   12 December 2013 at 13:54

Execution proceeding

sir,
plaintiff filed a suit for declaration of title and recovery of possession against two defendants. The first defendant is the vendor of plaintiff, where the plaintiff purchased the suit land from defendant No.1. under registered sale deed.The defendant No.2. contested the case and filed written statement stating that he & his brother both have purchased the suit land from the defendant No.1. under one document, and in revenue records the name of defendant No.2. and his brother was got entered. after full fledged trial the suit was decreed. Now the defendant No.2 was died, and how the plaintiff will recovery the suit land and from whom, and one more thing is that the brother of defendant No.2. was not party to the suit, and how the suit land can be recover from the brother of defendant No.2. by plaintiff, how he will execute the decree please suggest me, with case laws.
thanking you sir.

Kahnu Charan Senapati   12 December 2013 at 13:46

Provision of allowances like hra, da after reemployment admitted at the time of retrenchment.

Dear Sir,
I would like to ask a question regarding the dispute surrounding provision of allowance like DA and HRA admitted at the time of retrenchment after re-engagement.
That, l was working as a contractual employee in an establishment and at the time of retrenchment I was drawing salary in the pay scale with DA, HRA and Medicine allowance combined altogether in the form of consolidated pay. The retrenchment was all of a sudden without any notice. The contract had expired three months before at the time of retrenchment.
I was reemployed again but paid less than I was getting before. This time not in pay scale nor any other allowance that was being paid at the time of retrenchment - just a lump sum amount. I worked for a couple of months without any contract. Later, a contract was signed between me and my employer predated with a higher lump sum pay but without any other allowances as was paid before. I was also not paid arrear dues for the back period after re-engagement while signing the predated contract.
Now, I have quit the job and claimed gratuity. But claimed DA, as was provided before, to be included while calculating gratuity.
Am I eligible to receive the DA at the same rate after reemployment as I was having before retrenchment? What are the acts and rules to refer to claim DA while calculating gratuity.
Any help will be highly solicited.

Thanks.
Kanhu

naveen k   12 December 2013 at 13:44

certificate

Respected sirs : What is mean by contact field certificate ? Where we want to get it ? What type of paper , is it normal paper certificate or dark sheet?

YAGNESH HASMUKH DAVE   12 December 2013 at 13:39

Taxation

A PARTNERSHIP FIRM HAVING BUSINESS OF BUILDERS AND DEVELOPERS ENTERED DEVELOPMENT AGREEMENT OF LAND DURING THE YEAR 1990.NO WORK IS CARRIED OUT ONLY ADVANCE IS PAID.THE SAID LAND IS NOW SOLD TO ANOTHER BUILDER ON 13-03-2013 FOR RS 1,25,00,000/- OUT OF WHICH 25,00,0000/- PAYABLE TO ORIGINAL LANDLORD AND BALANCE RS 10000000/- TO THE PARTNERSHIP FIRM. WHETHER THE AMT OF CONSIDERATION BY PARTNERSHIP WILL TREATED UNDER CAPITAL GAIN WITH COST OF INDEX OR A BUSINESS PROFIT? WHETHER PARTNERSHIP FIRM HAS TO GET THE BOOKS OF A/C AUDIT U/S 44AB AS RS 10000000/- IS RECIEVABLE TOWARDS SALE OF LAND.

Praveen   12 December 2013 at 13:36

Licenses required for start of tea business

Any body suggest me that how many licenses required for start of tea business (for packing of own brand)

poobh   12 December 2013 at 13:06

Ksfc law

I have been trying to find out the right way if anyone can guide me regarding a legal case where the judgement debtor who had availed loan from ksfc and defaulted with dues sold his residential property to my father in 2004 august with sale deed, and sale agreement dated july 2004, but order had been passed by tumkur court for temporary injunction on june 2004 without our knowledge. With original documents in our possession, ksfc recently coming for inspection prior to attachment after 9 yrs was shocking.The property has still not been attached. Please guide me as to how to proceed? and also if any other property in name of judgement debtor or wifes name can be attached and our property can deattached for no fault on our side.

PBS KUMAR   12 December 2013 at 12:54

Salary deductions

Dear Experts,

What are other deduction can HR department has to impose against SALARIES a part from statutory deductions like PF/ESI/PROF.TAX/TDS etc. My quarry is; late attendance, misbehavior etc.directly deducted from Salary of workmen ?

Regards,

PBS KUMAR

Vipesh   12 December 2013 at 12:49

Court summons issued against us for eviction

Hi

We are living in a cessed building in Central Mumbai. The Landlord has purchased the building 1 year back. He wants to redevelopment the same. For this he wants us to sign the Irrevocable Consent which is not supported by an Agreement.

Since we are not signing the Consent, he is harassing us & now recently he has sent us Court Summons (Small Causes Court) for Eviction, citing various reasons. He is willing to withdraw the Court case provided we sign the Consent without Agreement.

The Tenent room in which we are living is in the name of my Father & he is living with us.

Kindly advice is it possible for the Landlord to evict us & how much time will the small causes court take for the judgement.

Thanking You

hussain   12 December 2013 at 12:11

Can one particular religious worship place be constructed in common area of an apartment?

Can one particular religious worship place be constructed in common area of an apartment?

If yes what is the procedure?

If there is a dispute how should we approach it?

Gaurav Gujrati   12 December 2013 at 12:07

addresses query for enrollment of bcmg.

Dear Sir,

Myself Gaurav Gujrati, I have completed my law (Regular) from University of Mumbai of academic year 2013-2014. Now i want to Enroll My self in Bar Council of Maharastra And Goa. for this I have taken my Enrollment form from Department of BCMG.

My Query is that As My Permanent Address is of Varanasi (U.P.) and My Correspondence address is of Mumbai.

As In BCI Form there are two Addresses have been mentioned. First one is Permanent Addresses and Second One is Native Addresses.

There is No Column for Correspondence Addresses.

SO which Addresses Should I Write in Permanent Addresses and Native Addresses.

Please Clarify me as soon as possible.