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

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Anonymous   13 June 2010 at 19:37

dispute with insurance company, need help

My collegue was transferred to mozembique 6 months back and now he died there of an accident.
He was insured under the group insurance policy of company with Oriental insurance.
His body was handed over to us from mozembique after all paper formality , but they did'nt do the postmortem of his body .as there is no such rule.
Now this insurance company is not making payment and is asking for PM report.

Please tell what should i do...

Suchitra. S   13 June 2010 at 18:12

Divorce

Respected experts, one of the parties to the divorce stays in Saudi. He has got divorce orders from Court in India. But when he went to submit those divorce papers there in Saudi , they have asked him to get a letter from Indian Home Ministry regarding the same. I want to know whether such thing is needed in fact, and if yes, to whom he should approach in India?

Suchitra. S   13 June 2010 at 18:05

Power of attorney

Respected experts, Please let me know if there is any SC judgment which say that the holder of special/general POA cannot give evidence in the Court. One of the NRIs have gvn special POA and now as he is not there in India, can the holder of POA give evidence on his behalf or not.

Anonymous   13 June 2010 at 16:48

PLEASE HELP

Dear Sir/Madam,
My Friend mary with Divorce girl. She has a brother now calming as son. Girl is never trust him. And fight daily for small -2 things. Boy living with his parents and girl not mix at all.Guy has responsibility of all family and gives everything to girl but she never happy and she also working and boy never ask for salary. All money she invest her parents house or guy don’t know anything where she invest and even not complaint her on this. Guy and his family member never demand anything from girl and at the time of mary then not take anything from the girls side not a single penny. Guy refused to take anything he told I need only girl nothing else. But girl always black mail him she will go court and case against him.NOW sir you all advise in this case. So that guy will save his family.
thx

vivek   13 June 2010 at 16:34

indexation cost of acquisition

Hello freinds.
Kindly tell me that what will be the Cost of Acquisition in case of property, which is purchased in installment?
A property is booked with a builder when construction was going on. Several payments were made in installments which were as under:
1999 33568 Booking done
2000 50352
2001 41960
2002 41960
2002 84547
2003 41960
2003 125880
2003 43764 Possesion granted
Penalty payments
2008 2655
2009 550
2010 2140
No registration till now.
Asset to be sold in 2010 after registration. There will be some registration and stamp duty charges.
My question is :
1. What will be the cost of acquisition in this case? or Method of calculation of COA?
2. Should we take indexation? if yes, from which year?
3. Is there any improvement involved?
4. Will it be treated as transfer of right or actual transfer?
5. Any other issue involved in your opinion?




if we take indexation each year, the condition of 3 years which is necessary for applying indexation in Long term capital asset will not be satisfied.
I think indexation should not be on yearly basis with each payment.
Kindly suggest some other trearment.



Thanks in advance for all your help - Tax laws in India seem very complex! This seems to be a very helpful site.

AMAR RANU   13 June 2010 at 15:39

Seeking urgently text of CWP No.10569/08 of P/H High Court

Dear friends,
The text of the following P/H High Court judgment is not being downloaded from the website of P/H High Court due to server problems and the same is not being rectified by the concerned authorities for the last over 6 months.
I would be grateful if some concerned and proactive personage in Chandigarh or elsewhere would be able to send it in word or pdf format by email to ranuam@yahoo.com

The Judgments/Orders for the case CWP--10569/2008 :
Sl.No. Case Number Date of Judgment/Order Title
1. CWP--10569/2008 04/11/2008 M/s Kohinoor Seeds Fields India Pvt. Ltd.
Vs.
State of Punjab and others

Sincerely yours,
Amar Ranu

Anonymous   13 June 2010 at 15:17

Ex-Parte Cr.P.C 125

I had Filed for maintenance for me my son and Daughter u/s Cr.P.C 125 after 6.5 years of Separation, He had received the Summons but not attending, now Court is asking for Income proof of my Husband before proceeding Ex-Parte, which I don`t have any information what are the options available to me?

Anonymous   13 June 2010 at 14:59

malicious prosecution

Sir,
Can suit for malicious prosecution be filed after 4 yrs of pronouncement of judgment. Within a year we had served legal notice to the oppo. Party, he took/asked some time to negotiate. In the mean time my wife become seriously ill due to liver disease and for that we had to go outside for her treatment. Unfortunately she died. After that we lost control over us. I too is a retired doctor aged about 78 yrs suffered a lot due to illness. Due to these reason we failed to pursue it further. We have strong case.
Can we resend legal notice? What is the exact procedure, if my son will be acting on my behalf?
Thanks to all

RS Dudani   13 June 2010 at 14:25

Effect of Release Deed after the death of Releasee

A property was owned by a lady who expired without a will, leaving behind four daughters and a son. All the daughters were married and well settled, as compared to the son, who was not well off. To help him, the four sisters executed Release Deed in favour of their brother and property passed on to him. The brother, in whose favour release deed was made also died. He left a will (unregistered) bequeathing that ground floor of the property should be transferred to his two daughters and first floor of the property should revert back to his four sisters, who had released the property. The wife, to whom no property was passed now does not even allow the four sisters to visit the House and is occupying the first floor also.
Can I have an expert opinion as to whether after the death of the Releasee, the Releasor can claim back the property since the Releasee has in whose favour release was made has expired and their original right in the property resurrects and the Release Deeds signed by them have become voidable after the death of the Releasee?

Anonymous   13 June 2010 at 14:24

no obection certificate from chs in mumbai

We have a flat at mumbai and would like to sell it. We have found a buyer also. We had send a request for no objection certificate from the society by march 1st week by courier. The society were telling various reasons for MC. When finally we met them in May they categorically denied receiving any application for NOC. We have given a fresh request for NOC for which they have given a acknowledgement. The secretary and chairman are saying that they may not be able to process the NOC as 2 members of our floor have given objection for selling our flat to a non vegetarian. Our prospective buyer is a non vegetarian and our floor has already one non vegetarian. I would like to please know
1. Whether our society can deny NOC on the basis of vegetarian and non vegetarian?
2. What is the time period the society can take for giving us a reply?
3. What is the further action we can take from our side ?
4. If we register the sale deed without registration can the society create any problems in trasfering share certificate ?
5. How is the prospective buyer saved from any further problems?

tks

sv
3.