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

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Avishek   09 December 2013 at 22:07

Maintainability of a petition under section 438 of code of criminal procedure code 1973 in ndps cour

Is a Special Court Constituted under sec 36 of
the N.D.P.S. Act (deemed Sessions Court)
competent to entertain the pre-arrest bail
petition under sec 438 Cr.P.C.?”
i will be helpful in the event query will be resolved with some case law pertaining this issue.

goyalbimal56@gmail.com   09 December 2013 at 21:46

Obtention of revival lettet or bcl in banks

In punjab revenue fee payable by agriculturist for aloan for agriculture is exempted.I want to know that we as banker have to to take balance confirmation letter from agri borrower once in three year.please advise the stamp duty payable by borrower.

Aftab Shaikh   09 December 2013 at 20:24

Consumer court

Respected Experts,

I had given my Iron(Press) bought by me 2 years back at Rs.1400/- for repair to the bajaj Electricals service center at Mira Road because of overheating problem,They broke the handle of the Fibre body of Iron and are now saying that my Iron was already broken. At the time of the handing over the Iron to the service center it was in perfect condition and on demanding the reciept, the lady incharge had just given me a small handwritten slip with the model number and the service center number on it. They are refusing to accept that they have broken it and are calling me again and again asking me to take the broken Iron from the service center, Please advice. Thank You for reply.

A P Singh   09 December 2013 at 20:09

Requirement of documents in stcg in land trading

Respected sirs,
assessee earned a profit of Rs 11 lacs in FY2012-13 by trading in land.He entered an agreement to sale with owner of land by giving him 2 lacs advance. Then he found a prospective buyer for the same land at a premium(higher price) and entered into another agreement to sell with him (document retained by him),received money from him (acknowledgement receipts given by him on the back of the document)and and paid off the total consideration to the seller land owner and kept the premium(difference)and the seller executed the sale deed in favour of the person who had paid the assessee money by virtue of the agreement between him and the original seller.MY QUESTION IS
1)What is the nature of the income earned by assessee?Short term capital gains in immovable property or business income?assessee has earned some quick bucks this way thrice in FY2012-13.
2)Assessee has not retained the said agreement to sale or its photocopy.Will the Income tax dept ask for documents(agreemnts for sale)? If he is unable to produce the agreement to sale what will be the implication?
Thanks in advance.

sujit   09 December 2013 at 19:51

Drafting a power of attorney

I AM DRAFTING A POWER OF ATTORNEY TO ADD AN AUTHORISED SIGNATORY IN A BANK ACCOUNT ,CAN FRANKING BE DONE INSTEAD OF PRINTING IT ON A STAMP PAPER .IN CASE OF FRANKING, THE CONTENT IS ONLY OF TWO PAGES ,SHOULD I PRINT FRONT & BACK SIDES OF THE SAME PAGE OF PRINT ON TWO DIFFERENT PAGES (IN CASE OF FRANKING)

shailesh   09 December 2013 at 19:35

Application of dcr 33(7) or dcr 33(10) on bmc plot in mumbai.

we r slumdwellers on a bmc plot in mumbai.it is a lawfully declared slum but land belongs to mumbai municipal corporation.we hv submitted a proposal for redevelopment under 33(10)in 2010.bmc is not giving noc to annexure 2 on the pretext that they will get more revenue if land is developed under dcr33(7).BMC says As per the new datumline structures prior to 1969 can be redeveloped under 33(7). can bmc develop the land under 33(7)when slum is declared and sra has accepted the proposal in 2010 but no work has started.

nagarathinam   09 December 2013 at 18:35

Mining license

1.Whether Mining License Holder and owner of Mining Land can be difference person/party?
2.Kindly quote any section regarding.

V Srinivasan   09 December 2013 at 18:25

Ii sales of parking

Dear Sir,

Please state specifically the judgement which indicate that second buyer did not get right over the parking sold by I buyer.

Your earlier reply is not complete and hence request

Parth Sarathi   09 December 2013 at 18:05

Mutuual consent divorce

Mutual consent divorce was arrived at a particular amount; the 6 month cooling period is due in next 20 days however there is a change in circumstances -

1> the girl has supposedly got married to someone, obviously in a closed environment

2> and has got a job and earns a handsome salary

Note: No Alimony was paid; it was decided to appear in court after cool off period and if the decision remains to separate then money would be deposited in court treasury and court would proceed to pass decree.

My understanding says Alimony is not required to be paid if she is settled in her life.

Questions -
1> I need time to gather witness regarding her secret marriage, how can I delay the court date?

2> Can I make the company as a witness and court have them sent summons to appear and confirm that she is working with them ?

3> Can I sue the boy who has got her married, obviously after finding out who he is

SANGAMESWARA RAO DHUPAM   09 December 2013 at 17:58

Partition for a future constructed property is allowed or not

Respected Sirs,
8 members have purchased a site as 2 members some yards and 3 members some yards and 3 members some yards of site in the same location and entire site adjacent to one another. Afterwards they jointly laid foundation for construction of Apartment on that site with their funds. Now the site is at foundation level only. Now they want to partition the property equally. They prepared a deed of partition for 8 equal shares. In the present partition it is recited that in the presence of their caste elders and also mediators conducted meeting for the allotment of flats that may be constructed and they agreed and accepted the flats allotted to them individually. In Andhra Pradesh there is a practice to enter a Development/Construction Agreement in which all the parties agree to construct the Apartment by themselves or by a another Developer/Construction Agency. For that Construction Agreement is being charged with Stamp Duty @5% on the total proposed constructions i.e., total floors area+Site+Car Parking +Stilt. In that Development Agreement also the Developer or the parties who upon the terms of Agreement develops the site divides the property i.e., Flats to the owners of the site. Though there is a Development Agreement and Partition in the said document, it is being treated as Development Agreement only according to the Commissioner and inspector General of Registration and Stamps, A.P. Hyderabad. But in the present case the parties only drawn a Partition for the future constructed floors also but not for the foundation level. But they are now paying stamp duty only on the foundation level partition. In this connection, respected sirs kindly enlighten me whether it is possible for partition for a future property i.e., floors to be constructed later on under Transfer of Property Act.