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

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Anand   25 November 2013 at 19:51

Sarfaesi act sale certificate

Hi,
I am planning to buy an auction property. Bank has mentioned that they will issue Sale certificate and not sale deed as per the Sarfaesi Act. The bank manager will come with me to registrar office to register the property in my name.
I have few questions in regards to this.
1. Will I be able to re-sell this property to someone else. What should I take care of now(I mean any documents).
2. can I take a loan against property(not home loan as bank give loan only against sale deed) after I register the property in my name.
Please suggest

Dileep Vaidya   25 November 2013 at 19:44

New land acquisition act

Grampanchayat is pressurising me to give part of my NA plot for construction of guttar

I want compensation for the land grampanchayat want to acquire. I will be requesting them on 29.11.2013 to acqquire my land officially. Will I get benefit under new Land Acquisition act if Grampanchayat starts process in 1st week of Dec 2013

C..a......STUDENT   25 November 2013 at 19:36

Is salary to director allowed as expense to an educational society?

Can an Educational Society give salary to its Director for the services he renders to the society?

Will it be allowable as an expense to the AOP?

Please reply.

renuka   25 November 2013 at 19:35

Builder is giving normal printouts as reciepts- are these valid as per law?

Hi,

I recently bought a villa, have done all the payments, Builder is providing normal printouts as a reciepts which doesn't have any cst/apgst number, Lastly i made service tax and VAT, for these amounts also he printed all detail on white paper, given to me.

When i questioned him on the same thing he is saying that he doesn't have any reciept book,he is giving the same thing to every customer,
Are these normal printouts really valid ? as any one can create these types of printouts , I am not understanding how these are become valid as per law, I checked with others in the same community who bought the villas already, for them also he given same printouts.

Please suggest me on this,is there any specific guidelines in law on this.

Thanks
Regards,
Renuka

jeevan deshpande   25 November 2013 at 19:31

Get refund from school fee

hon sir,
school administration is not ready to refund fees against admission cancelled before school start. we had taken admission and paid school fees for pre primary school. but due to family reason we request school admn for cancel admission. our cancel request is before the school start, but school administration is not ready to give us refund. we paid half term fees which we want to get refund pl help me.

jibin   25 November 2013 at 18:55

Pay fixation and continuation of service after awailing technical resignation

sir
iam jibin working as astaff nurse grade 2 in all india institute of medical sciences(aiims newdelhi)from 12/02/2012 in pay band 9300-34800 pay band 4600 ,now i got selected in the same post in jawarlal institute of post graduates medical educuation and research (jipmer puducherry)in the same post under same pay band 9300-34800 ..4600 moreover, ive applied through proper channel and got noc before applying the post and i applyed for the post in proper channel .my query is ?
1)both institutes are autonomus institutions under national importance so if awail technical resignation my pay will be fixed and my service will be counted or not ?
iam not completed my probation in aiims it need 2 more months,now ihave taken 3 monts extention from jipmer to resign from aiims iwant join before 17th jan 2014 please help me , iwill be ery thank ful to you

dushyant sangra   25 November 2013 at 18:31

Conviction under wrong section of ipc

If an act done by an offender which specifically completes all the essence of section 205 of IPC thn can he be charged and convicted under section 419 of IPC. In this case it happened. Is it rightly done by trial court. Was it fair trial. i have already filed an appeal but not find any good authority on that point even after a lot of search. What i find it is an authority of year 1909 of privy council. Please guide me or share some authorities/citations. I will be grateful.

truman   25 November 2013 at 18:31

sec.138 of ni act

I have given a cheque of Rs.Ten lakhs drawn in my name(SBI A/c Subburaman, Crossed A/c. Payee)Intended to be collected in my savings Bank account with that Bank. I have promised the banker through a letter that the proceeds of the cheque is marked for the payments in my Home loan account and that of my mother maintained in the same bank. The cheque bounced for insufficient funds.The banker had taken action against me under 138(b) of the NI Act. Is it maintainable?.Please advice me what to do.

manojkumar   25 November 2013 at 18:25

Iind ap[eal of rti correction checking

Appeal before State Information Commission Haryana

Appeal No. ------------
Dated -------------------
[For office use only]

As I am aggrieved by decision First Appellate Authority S.p.i.o / Deputy Superintendent of police Ftehabad
I hereby file this appeal for your kind decision.

1. Details of appellant:
Full Name: Manoj kumar s/o Sh Kirpa ram
Full Address: Street no 9 Bhatia colony Ward no 19 Fatehabad-125050
Phone No.: 09416107685-09017619037
Email ID: easy227@gmail.com

Details of First Public Information Officer (SPIO):DY. S.P. OF POLICE 3rd Floor MINI SECTRIATE Fatehabad Haryana -125050
Name of Public Authority: Superintendent of police Police department
Details of First Appellate Authority
Deputy Superintendent of police Fatehabad 3rd Floor MINI SECTRIATE Fatehabad Haryana -125050

Dates of RTI application/first appeal: 30/10/2013

5. Particulars of Decisions:
In the design of first appellate authority S.P.I.O dismissed my appeal num-36173 dated 22-11-2013 on the ground that gimnies of record can not provide as per advise deputy dist. Attorney that as per dand0 parkirye 0 sahinta ki dhara 172 ke tahet nahi di ja sakti
Alse can not provide under section 8 (h) of R.T.I Act 2005 .

5.1 Reference No 617 Date of PIO’s Decision: 01/10.2013

Reference No 653 Date of PIO’s Decision: 24/10.2013

5.2 Reference No 36173 Date of FAA’s Decision: 22/11/2013

5.3 Date/s of personal hearing by FAA: NIL

6. Dates of receipt of replies by appellant from-

6.1 PIO- 4-10-2013
Reminder dated 14-10-13 to S.p.i.o / 653-24-10-13 /28-10-13

6.2 FAA: 24-11/2013



Details of information sought:
I seek the information given blow
1- copy of missal or case theory (gimny) regardin fir no 247/18/2013
2 copies of all call details get in case 247/18/5/13
3- information regarding my three fir no 238/ 247/ 262 who found involved in all mater please provide full details
4 on my application dated 2 july 2013 for some important names submitting in investigation/fir 247 what action taken please give full details
5 if you not submit any names they have full proofs in police record against showing involved in then who officer is responsible plese give full name and address
6- I have filed application against investigation/sita ram io to DGP OFFICE DRGPO/E/2013/000124 allegation on the io sita ram found truth or false provide information
Ii who officr write to the DGP that the ‘’Punjab singh have no role in found take girl case’’ please give me full name and address of said officer responsible for this
7-please provide the call details of mobile number 9416233388 of investigation officer sita ram from may 19 to 2 sep 2013
8- please provide cdr of mobile num 9466759918 dated31 aug 2013 6 am to 11 am period
9- please prodive all names of persons present in the panchayat in the 23-5-13 these all names by p.o raj kumar in the city p.s compound in the panchayat regarding fir247
10-pleae provide information about matter 23 may 2013 one lady cut their cloths in the panchayat . I seek the what is provision in the law what action is taken on this lady if not who officer is responsible for this
11-please provide information about application filed by me to your high authorities about transfer my matter to C.I.A what action taken by your department if not clear the reasons
8. Brief facts of the case:
Sir fact is that my 16.5 years aged daughter is kidnapped from my home at 18 may 2013 at aproxmatly time 5 A.M by one of Punjab singh r/o Bhatia colony Fatehabad and his relative person rahul jain r/o braut up First Information is given to at 5.30 A.m police chonki gurunanak pura Fatehabad in this chonki mr sita ram is inchage officer
He have not take any action on this matter carefully and with honesty his working activity is very dough full from starting
After 6 month matter not traced by.

I seek information from p.i.o sp office all brief but p.o.i have submitted some written statement but these are not match with my information reply I have sent reminder to Dated 14-10-13 same but no information given to me dated 28-10-13 reply me same of above then all call details are available in the police file but police not want to provide these all information due to setting up with criminals of S.i Sita ram if police provide these all information to me police officer think that relation of police can disclose
For natural justice these all information are important for me







9.Grounds for this appeal:
1-Because the investigation regarding the matter is over 6 month does not impede any process of investigation or prosecution
but rather it is to assist the fair and impartial proceedings under the relevant procedure.

2-Because no document can be classified arbitrarily as secret or confidential except as provided for in the act.

3-Because the information sought are absolutely in the R.t.i Act 2005
4- Because that is beyond the purview of section -8 (H) of the Rti Act and Official Secret Act,

5-Because as disclosed in the letter of police,the gimnies are can not provide to complainant under R.T.I Act 2005 8(h) I.P.C 172 but can view in our office if we can view any documaents from files also can get them
in this case police has been submitted in the court have declared absconder proclaimed to all accused. that no investigation are pending .
Hence nothing remains confidential.
Complainant has right to know all

6-Because the question of security does not arise. Every information or evidence given by any person
7-Because even the press and news media are revealing the facts mechanically which means every
information is being given to them by police but it refuses to give information to the complainant ,
thus double standard can not be applied.
8- Because the report is that on his basis of which the higher authorities have approved to put up in the court ,
can not be held to be confidential .It is part of investigation and case diary.
Information not provided to applicant on incorrect grounds as the information sought does not come within the ambit of Section 8 (h) RTI Act,
9-Because R.t.i act 2005 ''''(h) information which would impede the process of investigation or apprehension or prosecution of offenders ''''
in the view of above mention point (h)
Question is that what complainant can impede the process of his own justice ?
11. Prayer
I pray that my application of information is wrongly dismissed by s.p.i.o please order to providing all information within the limited time because I can seen of investigation papers carefully can help with police to find my daughter.

13. Personal Presence at hearing: NO:
Dear sir I request to you that I cannot present in personally being poor man and I am busy in the find to my daughter








14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and
Belief . I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.

Place: ------------------------------------------

Date: -------------------------------------------

Signature of appellant






































INDEX OF APPEAL

of Mr ------------------------dated ------------------------ with SIC Haryana

1. Particulars Page Sr. No. from/ to

2. Original second appeal

3. Chronology chart of RTI application

4. Copy of RTI application dated--------- with its enclosures.

5. Copy of proof of mailing RTI application

6. DD/IPO/PS/Cash receipt for filing fees and other charges.

7. Copy of first appeal dated --------------- with its enclosures

8. Copy of proof of mailing first appeal

9. Postal A.D. card/Acknowledgement letter, received from CPIO/SPIO & FAA

10. Copy of decision of CPIO/SPIO dated ----------------------

11. Copy of decision of FAA dated ------------------------

12. Proof of mailing complaint/second appeal to CPIO/SPIO and FAA

13. Other documents in support of second appeal

Place:

Date:

Signature of appellant/complainant



















CHRONOLOGICAL CHART OF RTI APPLICATION

of Mr.---------------------------------------------------- dated ------------------------------------------

1. Action Date: -----------------------------------------------

2. Application mailed to ACPIO/CPIO or ASPIO/SPIO on: -----------------------------------------

3. Application received by ACPIO/CPIO or ASPIO/SPIO on: -------------------------------------

4. Date of receipt of letter for paying charges: ---------------------------------------------------------

5. Date of remitting charges to CPIO/SPIO: -----------------------------------------------------------

6. Date of decision of CPIO/SPIO: -----------------------------------------------------------------------

7. Date of receipt of decision of CPIO/SPIO by appellant/complainant: ------------------------

8. First appeal mailed to FAA on: -------------------------------------------------------------------------

9. Date of receipt of appeal by FAA: ---------------------------------------------------------------------

10. Date/s of personal hearing by FAA: -----------------------------------------------------------------

11. Date of decision of FAA: -------------------------------------------------------------------------------

12. Date of receipt of decision of FAA by appellant/complainant: --------------------------------

13. Date of Second Appeal/complaint: -------------------------------------------------------------

14. Date of mailing copy of second appeal/ complaint to CPIO/SPIO & FAA: ----------------

15. Date of mailing Second Appeal to CIC/SPIO: ------------------------------------------------

Place: ------------------------------------

Date: -------------------------------------

Signature of appellant

manojkumar   25 November 2013 at 18:15

Advise me for application to lokaukta is right or correction is required

BEFORE THELOKAYUKTA,HARYANA
Lokayukta, Haryana New Secretariat Haryana
Room No 232 , 2nd Floor Sector-17 ,Chandigarh
lokayukta@hry.nic.in

Complainant Manoj kumar son of,sh kirpa ram
R/o Bhatia colony ward no 19 street no 9 fatehabad 125050 ph 09416107685


In the matter of allegation against mr Sita Ram Rank S.i NUM-464H IN Haryana police son of /not know holding the office of Fatehabad police guru nanak pura chonki Fatehabad125050(now transfred )at
Dist sirsa
The above named complainant is satisfied that the aforesaid public servant,--

(i) has knowingly abused in the fir number 247 dated 18/5/2013 his position as such to obtain any undue gain to punjab singh s/o sahib singh who is direcly involved in the my daughter kidnaping case and thier name is submited by us in the first information report ant act is activated on the punjab singh u/s367/366A/120B Against him
sita ram setting him by bribe or another way but he not arrested him then provision of act is arrest to accused before investi gate them we request to sita ram many times but he not respose us
that after 15-20 day of the kidnaping sita ram approach to absconder from city to punjab singh call detail of punjab singh show that the sita ram i.o are touch with accused punjab singh on the phone line by his personal number 9416133388
Call detail of Punjab singh show carefully view the call details
of Punjab singh (number 9017242752) and number of sita ram
is 9416233388 call detail from 18/5/2013 to 26/6/13 sita ram is
in the contact of Punjab singh till 26/6/13 in full call detail
then the Punjab singh absconder from 1-5 june 2013

I lodge an complaint to high official authority of Haryana
police officer one from these DGP HARYANA
APPLICATION NUM- DRGPO/E/2013/00124 ON 25/6/2013
Dgp demand the report from sp Fatehabad sp Fatehabad have transfer the same to same inspector those handle this case s.i sita ram through sho city Fatehabad he and sho city report blow report to sp Fatehabad and he without any investigation of realty send report to dgp
(police given false this report against police record to the DGP Haryana is blow
“”In this regard complaint inquiry by sho City fatehabad and found that complainant Manoj kumar about responded Rahul and Punjab Singh against case registered Fir No. 247 date 18-5-13 u/s 363,366 IPC ps city ;fatehabad Responded about complainant girl to take in go for abroad . In investigation case found truth and accused Rahul in other responded Punjab no role found take a girls case . Bhagwya Sonam v accused Rahul searching continue. There now no reslut till now .””)
This is not ignorable
SITA RAM or his sported officer give the false reports against police file to beware to sita ram and Punjab singh with corrupt hand and successful tp make fool or misguide to high authorities
Question is that the one of accused person Punjab Singh from fir is in Fatehabad and police not arrested him due to setting up but sita ram inspector recovered some items from Punjab Singh is recorded in the case file but if as per law arresting to him is big demand of law in this case why not arrested him by duty officer
Question is also that if Punjab singh is absconder from legal process in the starting of case investigation in stage why i.o recovered some said material from if he not presents in the Fatehabad
9- I have a call detail they show Punjab sigh and Sitaram i.o is in the touch by sita ram’s personal cell phone with Punjab singh mr sita ram i.o also provided all our activity and legal activity information to accused person Punjab singh time to time
(view cdr inclosed page all sita ram received lot of call on 9416233388 his personal number FROM Punjab singh accused)
For favour of accused punjab singh and other accused cause to and undue harm to me
(ii) was actuated in the discharge of his functions as such public servant by corrupt motives,


PRAYER

It is, therefore, prayed that an inquiry be made against the public servant.

..……………………………………
Signature/ thumb mark of the applicant




VERIFICATION:

I manoj kumar son of Shri kirpa ram
resident of Bhatia colony street no 9 ward no 19 fatehabad
Haryana 125050
hereby verify that the facts stated by me in paras ………… ……… ……. to …………………………………in the complaint are true to my personal knowledge and/or the facts stated by me in paras ……… ……… ……… to
………………… are based on information received from ……………… (give the name) and / or documents, and the same are believed by me to be true.



..……………………………………………….
.
Signature/ thumb mark of the applicant