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

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vijays   31 October 2013 at 22:02

When trc be suffered only after all payment of fine?

i learnt that if after judgment in 138 ni act accused paid part payment and sufferes trc before court passing order.
Session judge in appeal tells to suffere trc only after payment of all amount of fine. Whether its right or wrong?

Manju   31 October 2013 at 21:57

About which ipc section my case falls

Respected sir I am a School Headmistress.I makes a complaint of my school clerk of demanding bribe with the written complaint of three teachers of school. The department issued a chargsheet against the accused clerk . when department issued chargsheet against clerk then in the revenge the accused clerk send a complaint against me for blaming me to using school three teacher for false demand of bribe to Deputy Commissioner, Education Department and to senior Superitendent of Police.All the three officer closed the complaint of clerk by giving remarks in their inquiry report that clerk done this act in the revenge of charsheeted by the complaint of School Head therefor complaint of clerk is false and disposed off.But act of clerk is in the revenge of my complaint ang i was inquired by so many times by police as well as by SDM and by higher authoirties of education department. Being a lady I got haraashment and loose my social reputation. So sir now someone suggest me to put istagaasa means criminal complaint in the court for his ill behaviour. So please tell me and help me that in which section of IPC i put istagaasa against his ill behaviour of above said clerk because i belong to a small city and only few advocates are expert in such type of case so i want to need your valuable help.

Vemula   31 October 2013 at 21:51

Salary

When a company terminates an employee without any notice, so I heard that the company should pay him 2-3 months salary, is that true?

aslamskhan   31 October 2013 at 21:49

Child custody

wife if seperated/divorced in muslim law legally or sharia can she take custody of childrens aged 17female,15female,13female,6yrs boy in court or other?if husband wants them.

Mustafa Bhat   31 October 2013 at 21:30

Child maintenanes

Sir,
Two year back court ordered maintences of 2000 to my minor baby,which i am paying.
I got a registered post envelope dispatched on my address by my another party few days back with nothing in it.
My query 1)if they have applied for enhancement,can court issue the notice through registered post from the court address or from the address of the advocate of my other party,
2)I personal went with that letter to the advocate of second party,he said i don't know who has sent this letter from my name.
And said sent me a legal notice i will respond to it,i feel he wants me to put in another case. please advise.
3)What can be there purpose of notice
4) Can they get enhancement order of maintences if it is notice of that case.
Please advise

Vaseem Mustafa   31 October 2013 at 20:20

Child custody

Sir,
This is in continuation to my previous query on the subject matter.On 30-10-2013 my 2nd party brought the baby to Court,but the baby didn't came as she has seen me for the first time after 3 years & she is just 4 years old.Then also Judge told me that the baby is not coming to you as my ex-father in law also created some sought of problem in interacting with my baby.I replied to Judge i am seeing the baby after 3 years & she doesn't know who i am
Later when Judge was to pass on an order they submitted the objections & also said they have got stay from high Court today we will give the copy on next hearing.I wonder on what basis High Court gave them the stay Can a father not even see his daughter.
On confirming from high court they have filed a petition CTA(450202)34/2013 Fresh IA(C)(570/2013).
Please help me what is all this {CTA(450202)34/2013 Fresh IA(C)(570/2013)}.
what should i do know.Can high court issue such orders without taking my point of view into consideration.

Amit Dhamane   31 October 2013 at 19:08

Different notice period for employee and employer during probation

Dear Experts,

I wanted a quick opinion on the situation where my employer contract during Probation says they can terminate my services in one month. But then if I resign during probation I need to give 2 months notice. Is this fair, can a employer have such clause? I am ready to serve one months notice, but they are forcing me to serve 2 months notice.

Please advice and thanks for your help.

I am adding more details

Below are 2 different sections covered in the contract.

JOb Title and Date of Engagement

If you are a new hire to the company, you are considered to be on probation for a period of six(6) months("Probation Period") from your intial date of hire. During the first month of the probation period, if your performance is not found satisfactory, your employment may be terminated by Company with seven(7) days notice or payment in lieu thereof. From the second month of the probation period your appointment may be terminated by way of written notice of one(1) month or pay in lieu thereof

No Notice is required in cases of serious or gross misconduct. The probation period may be extended by company in its sole and absolute discretion.


Notice of Termination

The period of written notice required from either of you or company to terminate your employment is as follows: 2 months for managers ( I am a manager)

Company shall be entitled to terminate this agreement without prior notice (but without prejudice to right and remedies of company for any breach of this agreement and to your continuing obligations here under) in the event of any serious misconduct or cause. On either company or you serving notice for any reason to terminate your employment or at any time thereafter during the currency of such notice company may pay you your basic salary and any other contractual benefits payable under this contract in lieu of the unexpired period of notice and/or may require you to take paid leave for all or part of the remaining period of your employment.

I am still in probation period, so my understanding was i need to give only one months notice. But HR came and said I need to give 2 months notice. Also there is no explicit mention if I could pay in lieu of notice period. Does this mean i cannot pay and have to serve the full notice period.
Thank you once again for your help

Regards
Amit

Amit Dhamane   31 October 2013 at 18:34

Different notice period for employee and employer during probation

Dear Experts,

I wanted a quick opinion on the situation where my employer contract during Probation says they can terminate my services in one month. But then if I resign during probation I need to give 2 months notice. Is this fair, can a employer have such clause? I am ready to serve one months notice, but they are forcing me to serve 2 months notice.

Please advice and thanks for your help.


Regards
Amit

Swapnil   31 October 2013 at 18:32

Tds deduction while purchasing residential property

Hi,

I am purchasing a residential property of around INR 15 lakh ( agreeement value) + other charges approx 5 lakh (Brokerage, society charges, stamp duty, registration etc)

Am i required to deduct tds at time of making payment to seller .. If yes then how to deduct tds if part payment is made by Loan taken from Bank..

Thanks ..

Suresh Babu Rai   31 October 2013 at 17:14

Suit for specific perforamnce of contract

Respected Members!
I have filed a suit for Specific Performance of Agreement and for a declaration of registered sale deeds bearing No.12345 are null and vide in the year 2007. The facts of the case are:
The defendant No.1 offered to sell his house site plot and an agricultural land to the plaintiff for a valid sale consideration in the year 2006. The plaintiff has advanced some money to the defendant No.1 in respect of house site plot and agricultural land, an agreement of sale was reduced in writing on NJ stamp paper as required. The plaintiff and the defendant No.1 both have agreed to pay and receive the balance sale consideration on the date of execution of registered sale deed in favor of the plaintiff by the defendant within six months.
The defendant No.1 failed to execute the registered sale deed in favour the plaintiff as agreed by him in pursuance of agreement of sale. I have issued a legal notice for specific performance of agreement showing the readiness of the plaintiff in paying the balance sale consideration. But it has come in to the notice of the plaintiff that the defendant No.1 has executed a registered sale deed in favor of defendant No.2 in respect of house site plot and also executed a registered sale deed in respect of agricultural land in favor of defendant No.3 on the file of Sub-Registrar Office.
Immediately I have filed the above suit against the defendant No.1 to 3, who are natural brothers. During course of trail, the PW-1 and 2 examined and the matter is adjourned for Defendants evidence.
At this juncture the defendant No.2 entered in to compromise with the plaintiff, the terms of compromise is:
1. The defendant No.2 shall return the earnest money paid by the plaintiff to the defendant No.1 in pursuance of the agreement of sale along with 24 percent of interest.
2. The plaintiff shall relinquish his rights over the house site plot in favour of the defendant No.2.
The Court has recorded the terms of compromise between the plaintiff and defendant No.2 and the suit of the plaintiff is recorded as not pressed. Thus it is deemed that the defendant No.2 admitted the execution of agreement of sale by the defendant No.1 in favor of the plaintiff.
The suit is posted for evidence from defendant No.3 side. Whether I can call the defendant No.2 to give his evidence on behalf of the plaintiff in support of his claim. If so, under what provision?
Thank you one and all!