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

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Jagdish   29 October 2013 at 10:30

S. 138 negotiable instrument act

Order for issue of Non bailable warrant (NBW) was passed against accused by trial court due to cheque bounced. But NBW was not served on accused. If accused will present in the court on next date, will accused get the bail or court take him under custody? if custody, then how many days.?

girish   29 October 2013 at 09:43

Retention money

Can an employer put the retention of salary clause in Appointment letter, if yes what should be the appropriate draft of such letter. Employer want to retain 10% of the Gross salary for the period for 1 year which would be return to employee after completion of 2 year term. Pls advise whether this would be a legal or illegal

G.S.RAVICHANDRAN   29 October 2013 at 09:32

Property problem

Respected Sir
I am Ravichandran native of opilliappan koil, Kumbakonam. We are 7 members in our family. In 1998 my mother passed away . My father and us with village panchayat people wrote a pagakaraiolai pathram on white paper. My fathers house(Father self acquired) is the common property . In the pagakaraiolai they wrote that I shall acquire the full house and in turn I should settle 6Lakhs cash and 6 plots each size 2400Sq ft from my land which is self acquired property.The agreement was not registered. My father, two brothers myself and 6 panchayat people signed have signed it. The youngest brother didnt sign it and he demanded more from me.My father passed away in 2003. After that the brother who didnt sign has occupied that house. He disturbed my property and in 2004 I have got permanent injunction order from the court against him.
This year in march 28 , 2013 we 4 brothers 3 sisters made a second agreement in light green paper with the help of panchayat people. In that I will acquire the house and in turn I am asked to give more than what was written by my father and the settlement should be made within 30 days.We have not registerd the second document .. Now another brother and the youngest one are demanding more from me but rest of them agree as written.All the 7 members of my family and 6 witnesses have signed the second document
I am living in U.A.E and I have given power of attorney to my father in law for my properties
My questions
1. Shall I move to the court with the agreement written by my father? as my uncle says that it is like "will document" of my father even though the younger brother and sisters have not signed it as it is my fathers self acquired property
2. or shall I file partition case for 1/7 of my fathers house
3 The 2nd agreement expired on april 30 2013. Is it valid any more?

Kindly reply me sir
.
Thanking you
Yours

GS Ravichandran
971505875620
U.A.E

Sayan Poddar   29 October 2013 at 09:26

Rti act

Dear Sir,
Child Custody Case,Court gives order to bring the child each saturday alternatively court and lawers chamber.
But last one month she is not comming.She is nurse in govt hospital.
While asking , her lawer tells , she is attending her duty, she will not come.
To confirm this regards,I wants to file RTI asking the office , is she actually attending duty at schedule time
or not.

My qustion is

1)Can i ask about an peson attandance through RTI ?
2)Can i mention court order in the RTI ?
3)A person can attand duty of a govt office while she is ordered by court to bring her child at court same time ?
4)IF she has conceal about the court order in office , and voilation court order , comtempt court is applicabe ?
5)Should i attache the court order along with the application ?

manoj joshi   29 October 2013 at 08:10

Audio video evidence

RESPECTED MEMBERS
I WANT TO KNOW TO SUBMIT EVIDENCE OF COMPLAINANT THROUGH AUDIO VIDEO PROCESS IN 246 OF CR.P.C. AS MY CLIENT IS OUT OF INDIAN AND CANT ATTEND THE COURT
DATE IS FIXED FOR EVIDENCE OF COMPLAINANT US 246 OF CR.P.C

PLEASE HELP ME
MANOJ JOSHI.ADV.
catcrimes@yahoo.co.in

manoj joshi   29 October 2013 at 07:48

How to submit audio video statements of complant in complaint case where complainat is in foreign

RESPECTED MEMBERS\
I WANT TO KNOW THAT WHAT IS THE PROCEDURE IN CR.P.C. TO SUBMIT EVIDENCE OF COMPLAINANT U/S 246 OF CR.P.C. I N COMPLAIN CASE WHEN COMPLAINANT IS OUT OF INDIA.
I.E. MY CLIENT IS OUT SIDE INDIA AND CAN NOT ATTEND THE COURT FOR HIS STATEMENT U/S 246 OF CR.P.C IN A N.I. ACT
I WANT TO PUT HIS EVIDENCE THROUGH AUDIO VIDEO INSTRUMENTS HOW CAN I DO IT.

PLEASE HELP ME

REGD
MANOJ JOSHI .ADV.
MOB 9927822660

Abhinav   29 October 2013 at 00:46

Property linked to partnership business

Dear Sirs,

Let me first explain the situation.

1. Ours is a family business registered under Indian partnership act.
2. We have 5 working partners and 3 non working partners in the setup.
3. The land on which our factory is running is either owned by 3 partners.
4. The business is running in full swing.
5. One of the partners who happens to be a sleeping partner is a nuisance.
6. I want to know how to make a full and final settlement for this partner.
7. The problem is this, he happens to be one of the original partners in whose name land was bought. If we go by land share his % shall 33. If we go by the partnership deed , % is 11. So how should the division be done ?
8. What about the other 4 partners who does not have any stake in land ? Since the business is run on that land should not the entire division of land be done according to partnership deed amongst 8 partners ?
We are not shutting down the business, just want to restructure it.

GANGAM.RAJENDER.   28 October 2013 at 22:40

ipc sec 211 applicable

dear experts,
section 498a has been registered all of our the family members (a1,a2 are charged).the police has submitted the charge sheet some of the accused persons are deleted from the fir.so the deleted persons are intended to file criminal case against the complainant.
Q1.WILL THEY HAVE ANY RIGHT TO FILE THE CRIMINAL CASE AGAINST THE COMPLAINANT UNDER IPC SECTION 211 AND 182.
Q2.WHAT WAY THEY HAVE TO FILE THE CASE ,WILL THEY DIRECTLY APPROCH THE POLICE STATION BASED ON THE CHARGE SHEET IN WHICH THEY WERE DISCHARGED.
Q3.OR DIRECTLY U/SC CRPC 200 TO THE HON'BLE COURT.
Q4 .WILL THE CHARGE SHEET COMES UNDER THE EVIDENCE TO THE IPC SECTION 211 AND 182.
THANK YOU SIR

Sharan   28 October 2013 at 22:31

Slum board property

Dear experts

I have question about the flats issued by the slum board.
1. How to deal with slum board property.
2. First party expired and he made GPA to someone.
3. First party/ real owner has wife and two minor kinds.
4. Till now there is no “Right Document”(Hakku patra) issued by the slum board.
5. Slum board has given just “Identification document” (Palanubhavi patra).
6. There is a condition back side of the Identification paper is that; the property is not transferable or salable.
7. The GPA Holder purchase this flat in 2002, and Electricty bill and water bills are there in the name of GPA holder.
8. Expect “Palanubhavi Patra” and GPA document nothing documents are available with purchaser(GPA holder)
9. The flat contains 3 cement sheets houses.
10. Please let me know what are the precaution needs to be taken before get in to the deal.

Your valuable reply help us and highly appreciated.
Thanks in advance
Regards
Kumar

T Pande   28 October 2013 at 22:20

Unregistered sale deed

Dear Experts

I purchased a property way back in 1990 from my neighbor/seller. Towards the said purchase I made payment in various tranches against which I am in possession of all duly signed receipts of the seller contemplating that "such and such amount have been received towards the purchase of the said property". When the purchase money was fully paid I requested the seller for registration of the said property, but he kept on stalling it and later he got settled in abroad. I am living in the property peacefully with my family since 1990. The seller has now returned to India and when I contacted him again to come and register the sale deed, he refused to come for registration saying that he never sold the property to me and I am just an unauthorized occupant in the property.

I would be highly obliged if you could suggest me what remedies do I have to get the title of the property cleared in my name?