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

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jay   09 December 2013 at 12:10

Cess property converting to sra

Respected Sirs,
We are residing from last 70 years above and we are paying rent to the landlord. Now the landlord seeking to develop the property and he made Application to convert into SRA. can we take objection on it please suggest me.

regards,

babu   09 December 2013 at 12:03

Mact income

Respected sir,
Petitioner is a business man and he had an income of 10000/month according to SARAL at the time of accident.ie. in 2006 . his business is growing with the help of family members. In 2011 he had an income of 50000/month. He got a disability certificate of 12%. Then what is the reasonabele income that can be taken for the head Loss Of Earning due to disability in the Motor Accident Claims Tribunal.

dhanu   09 December 2013 at 11:51

Suggetion

Respected Sirs,
I shall be highly obliged if the experts here can answer the following question.
I have filed applications for Injunction, deposit of rent in April 2012, and after several hearings I have filed Application for struck of defence, still no reply has been filed by the Defendants.
Please suggest me, I have filed application by in person

Regards,
dhanu

Perumal Prabhu   09 December 2013 at 11:03

Christian Marriage - reg

Sir/Mam
Please clarify the procedure to be followed if a Christian man wants to marry a Muslim woman and get the marriage solemnized.
Thanking You
With Regards
S. Perumal Prabhu

S.B.adil rahman   09 December 2013 at 11:01

Section 340 cr.pc

At which stage of trial an application u/s 340 Cr.PC for committing perjury before the court can be filed by the accused or complainant (as the case may be) with the trial magistrate? What is the procedure by the Magistrate for its disposal? I mean to say Whether the trial magistrate will hold enquiry in to the petition filed for perjury in his court by stopping the further trial or would start immediate enquiry in to the application filed before his court under section 340 Cr.PC or he will continue with the trial by with holding the application on record for disposal after completion of the trial? Experts are requested to discuss, advice and may quote the judgment of Apex Court in support of their reply. This is the intricate question of law which most of the advocates and magistrate of local courts do not know.

Amaresh Patel   09 December 2013 at 10:23

Non-consideration of application for a post advertised in web-site

Respected Sir,
I am a Postal employee working since 15 years in Department of Posts. I had applied for the post of Technical Supervisor (CEPT Mysore) on 01.10.13 duly filled up in the prescribed application form published vide Department of Posts web site(indiapost.gov.in) dated 30.09.13 through proper channel which was received by my immediate higher authority, i.e. o/o the SSPOs, Sundargarh Division on 03.10.13. As a matter of regret my application was returned by the o/o the SSPOs, Sundargarh Division on 05.12.13 with the remarks “no information has been received from the Dept. of Post regarding recruitment of Technical Supervisor (CEPT Mysore)” inspite of my intimation of the publicity of the deputation in indiapost.gov.in website in my application itself which was received back by me on 07.12.13 during the office hours.
As per the advertisement my application had to be arrived to the Dy Director General(Technology), Department of Posts, Dak Bhawan, Sansad Marg, N Delhi-100001 within 15 days of date of advertisement through proper channel only and if received directly then the application will not be entertained. For kind information no hard copy of the advertisement has been received from our Department by my office. I applied vide our departmental web site www.indiapost.gov.in.
Now I am unable to apply again for the same as the date has already been crossed.

A copy of my application for the Post on 01.10.13
I hereby apply for the post of Technical Suprevisor(CEPT Mysore) duly filled up in the prescribed application format in Annexure-B published in the Department of Posts web site (indiapost.gov.in) dated 30.09.13 for kind consideration of my eligibility for the said post.
A copy of the SSPOs letter dtd 05.12.13
It is to intimate that no information has been received from the Depat. Of Post regarding recruitment of Technical Supervisor (CEPT Mysore). Hence the application can not be forwarded to DDG(Technology) and returned herewith.

So, it is requested kindly to convey me if I can apply for a Post published through the website and request to give me advice for getting natural justice for the same.
With regards.
Amaresh Patel

N K Jain   09 December 2013 at 10:20

App.under311cp

Application under order 311 of criminal procedure.

Cw1 has appeared several times and took her convenient before Honorable court. According the cw1 had tendered her evidence on 07.11.2013 with newfacts and what the allegations she made in complaint same were not disposed before Hon'able court and the prosecution was shown
Mozhar [work sheet , submitted by police] and also enquiry report she was unable to identify or admit the same before the court.Therefore the senior public prosecuter was tunrned as a hostile witness acordinngly senior prosecuter sought adjourment for the cross examation of cw1\pw1, and the court granted the adjournment and posted the above case of pw1 on 26.11.2013 but the senior public prosecuter without cross examation the same came with frivlous application under order 311 of criminal procedure code to lead further chief examination from Hostile witness
Is this frvolous applicaton filed by senior prosecuter for seeking the further chief examination by educationg\ manipulating the story\ evidence to make further allegations against accused and also to fullfil the lacunas,permissiable cour is allowed or not.? The fact is court has permitted to new chief examation. Kindly advise and guide to me. With regads Manish Jain.







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SSK_2019_DEV   09 December 2013 at 09:52

Terrace flat in redevelopment

Hi,

Our building is going in for redevelopment, we have a terrace flat with an area of 775 sqft of which 288 sq ft is open private terrace, our flat entry is from the terrace itself. The builder is giving 41% extra carpet area (wall to wall), we are currently discussing on the area to be considered.
In this regards I need some inputs, the builder is giving 2 options
1.) Take the carpet area wiht 41% hike and 1/3rd of the terrace area (without 41% hike).
2.) Take 41% hike in carpet area and he will provide same terrace area in new building.

Are the 2 options he is saying correct or we should be asking him to add the 1/3rd terrace area in the carpet area and give 41% raise.

kalpanagupta   09 December 2013 at 08:57

Rent of a shop

sir
my client have a shop in main market at kanpur on rent with pagdi given to the shop land lord.
now the land lord of the shop stop taking rent by my client.
and want that my client will leave the shop on behalf of pending rent amount(nearly approx the pagdi amount).

than my client approched to the court and paid amount in court.

but now the land lord and the land lady are closed the shop .
they are force fully taken the shop in their hand .
now my client is not avail opened the shop and have no money to pay the shop rent.

the shop has closed about from 2 yrs

1. what action my client have to take against his land lord.
2. the land lady afraiding my client by filing a false case under violence act.

3. my client is a single child of his parents . and not avail to fight with the land lord and his three sons.


Suhail SHahbazker   09 December 2013 at 08:39

Issue related to co-op housing society. resolution contrary to mcs act section 72

I agree with you, as far as matter of co-Op Housing Society not related to (REDEVELOPMENT) the Society cannot pass any resolution arbitrarily. Hon'ble Hiigh Court Judgment is also passed in this regard. Sec 72 of MCS Act clearly says that the Resolution cannot overrule the bylaws, Acts and Rule

One query is Can Society pass a resolution in General Body on the following in the presence of Authorized Officer conducted the AGM due to failure of the MC to conduct the AGM before 30th September 2013.

1. The Auditor has given in Audit Report the misappropriation of funds/ irregularities/Recoveries
2. When asked the query about the above matter in Audit Report, the Secretary said the matter is subjudice in the Court (one member has filed in the Court) so when the matter is pending in the Court , Can the General Body pas a resolution on the matter on which the Secretary refused to answer on Auditors report
3. The Chairperson/Treasurer and another MC member have not signed three consecutive MC Meeting and ceases to be member, and and have signed/approved the Accounts/ balance sheet and the AUditor has submitted the Audited Account (not knowing yhr facts of not attending the meeting)
4. The Secretary resigned in the month of June 2013 and the MC minutes says that resignation is kept in pending and the Secretart herself sign the said Minute. The resignation cann be kept in pending for six months and during six months six meetings were taken up.
5. The Secretary rented her flat s and staying outside Society premises and signed the Agenda and Secretary Report.
6. Non Members raised their hands for Voting in passing Resolution ..
Please advise