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Simi Varghese Tharakan   25 January 2017 at 19:29

Republic day - constitutional and human rights

We are holding a seminar at our college on the subject and we were asked to choose a topic. My topic is Sexual Assault - Violation of Human Rights. And this is based on the Soumya case which was recently decided by SC Ernakulam and acquitted the Offender of any murder charges. I understand that our honourable judges are good at making decisions though I stand with Justice Katju's point of judgement that a death sentence was the right punishment for Govindaswamy. Now my thoughts for the seminar are such: Was enough justice done to Soumya and her mother who has lost her daughter. Had Soumya survived what would have been her life since she had already had a broken pituitary gland rendering any person so to be in a vegetative state. Is not that as equal to killing a person. Had she been by birth a disabled we can understand, but here the case is that all her rights were violated. Despite the fact that Dr. Shirly Vasu had given details on injuries found that could lead to death even if she had not fallen in between those railway tracks. This was not considered as rarest of rare case despite the fact that we all know no sane person would have raped a person who is already in a pool of blood rather take them to the hospital. Looking at the historical records of Govindaswamy he is a habitual offender and also an extremist in inflicting pain to any individual be it male or female. Why do we term perverts as sick people when we know this cannot be anywhere near to sickness. These are intentional acts. Why would our law see this as there was no intention of murder when we all understand that we would not bang a persons head as a damaged skull and brain would lead to death eventually. How can I go about this topic to ultimately give a thought provoking seminar at my college.

desh deepak   25 January 2017 at 18:14

dob related issue

मेरा dob1956 है लेकिन मेरे हाइस्कूल प्रमाणपत्र में 1956 अंकित हो गया था जिसे बदलवाने का काफी प्रयास किया लेकिन विफल रहा। लेकिन मेरे पास उपस्थित अन्य डोक्युमेंट में यह 1957 है और मैंने नौकरी में जोइनिंग के समय 1957 दिया था जिसे उस समय मान लिया गया था। लेकिन बाद में(1991)मुझसे हाइस्कूल प्रमाणपत्र देने को कहाँ गया उस समय इसे बदलकर 1956 कर दिया गया।
इसको लेकर मैंने CAT में एक याचिका दाखिल किया था जिसे हाल ही में CAT ने निरस्त कर दिया। क्या इस सिलसिले में दोबारा CAT में रिव्यु दाखिल करने से कोई फायदा मिलेगा? आगे इसे लेकर क्या कदम उठाना चाहिए?

gurudath   25 January 2017 at 17:34

Slp against the order denying mandamus

Sir,
Question before the court was:
Under Mines an Minerals(Development & Regulations) Act, if the Letter of intent for Mining Lease be issued by the State Government only after taking the approval of Central Government.
Regards
Gurudath

mohit kumar   25 January 2017 at 17:17

Excise & vat

Dear Sir/Madam,

My question is very simple. I am an Accounts Executive in a MNC company. I filled the Excise Return (ER-1) and U.P. Sales Tax Return on the basis of invoice who provided by dispatch department. Dispatch Department provide me invoice in same month and date of invoice and date of dispatch is same and I paid duty on the behalf of same. But in actual practice, invoice not dispatch same month it dispatched delay in practical month. i.e
Days Total
0 190,669,978
01-05 140,307,822
06-10 2,620,212
11-20 15,756,648
21-30 896,666
31-60 1,676,314
Not Dispatch 10,822,531
Grand Total 362,750,170

So that date of dispatch always contradict RG-1 and Dispatch Register.
Sometime dispatched rectified the invoice date. i.e.
Invoice No Actual Invoice Date Invoice Date as per Account Record Invoice Date as per Dispatch Recod
MF1617/480 30/11/2016 30/11/2016 15/12/2016

Please guide me is it right practice or not? If it is wrong practice what’s the provision of the same?

Vijay Anand   25 January 2017 at 16:45

Disqualification of director under sec 257 now 160

A person while being nominated to director ship in a public company failed to submit the deposit amount of Rs. 10000/=, a requisite under sec 257 / 160.

The Director was elected and appointed without noticing the error.

After a couple of years, the error was found. Can the director continue to be a director or does his appointment become null and void from the date of discovery as he is in violation of the rule.

JOSEPH DSOUZA   25 January 2017 at 16:17

General Power of Attorney.

What are the requirements to execute the general Power of Attorney viz., documents etc. If I execute the power of attorney in my
daughter's name, is the signature of both required?

Sumeet Ganguly   25 January 2017 at 13:57

Bca : Business conducting agreement.

I'm the the land lord.

My query :
The party ( the conductor) with whom I'm signing the Bca is insisting in adding the clause for the security deposit para.
The normal / standard format says that the interest free security deposit will be returned to the conductor by the landlord after deducting .... Utility bills like electricity / internet bills/ water bills etc.
However, he's adding the an extra line which says that unless the security deposit is not returned by the land lord to him, he will not empty/ give the possession back of the acquired area of the premise.

Please advice, is this normal?


Dirgesh kumar sharma   25 January 2017 at 13:11

District forum

माननीय महोदय
7 सीटर गाड़ी में दुर्घटना हुआ 5 लोग मृत पाये गए पोलिश ने एफ आई आर में 9 लोगो का नाम लिखा है। गाड़ी का छतिपूर्ति के लिए आवेदन दिया है क्या राशि प्राप्त करने का हक़दार है।या नहीं

Arvind Jain   25 January 2017 at 10:44

Disturbance while construction & illegal encroachments

Respected Legal professionals
I am senior citizen living in a non dda building of Dwarka delhi.
My problem is that I am facing a lot of disturbance from the flat above due to their ongoing construction activity that is going on for almost 1 year.
I have sent a mail to the society asking them to take note of my problem and restrict the construction activity during afternoon hours.
Also there rampant construction activities has lead to a termite menance and small cracks in my house.
However the society secretary seems to be hand in glove with the owners and has ignored my written requests completely.
I have also found out that the common terrace area is encrohed by the owners and they are making an enclosed room like structure there.
My query to you learned professionals is:
1)As per law are there any rules where in the disturbance caused to others living in a coop society be controlled.If so what is the it.
2)As the secretary of the building is not taking any action can anything be done about that.
3)The encroachments done by the owners of the given flat need to be removed in this case whom should I approach DDA or the Municpal corporation.
4) Does BOCW Act apply to such construction activities inside a flat of a cooperative scoiety.
5) As the owners seem well connected calling the cops may mean more problem to me hence what can I do to stop them individually through legal means.

Please help

Regards

Arvind Jain

JOSEPH DSOUZA   25 January 2017 at 10:33

Power of attorney

Presently I reside in Kuwait and have booked one apartment in Bangalore which is under construction. Is it legally possible to execute a general power of attorney favouring my daughter when I visit Bangalore personally to do the registration etc on my behalf? Or is it mandatory that the
power of attorney should be executed in Kuwait itself through the Embassy of Kuwait. This is in case if I am not able to come to Bangalore at the
time of registration. I am planning to visit Bangalore shortly and would like to execute a general power of attorney favouring my daughter during that time. Please enlighten me.