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

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SANDEEP KUMAR   10 January 2015 at 11:45

Speaking order

Under ccs(cca) rules, the appellate authority has just confirmed the penalty imposed by the disciplinary authority. THE PRELIMINARY/TECHNICAL objections raised in the Appeal have not been addressed and the order of the Appellate Authority is not a SPEAKING ORDER. Appeal in CAT may take long time.

WHAT IS THE REMEDY?

Can the matter be referred to Boss of the Appellate Authority before approaching CAT?

Member (Account Deleted)   10 January 2015 at 11:13

Land related issues

DEAR EXPERTS,

LAND PARTITION WAS REGISTERED WITH MY HUSBAND AND HIS BROTHER 2 YEARS BEFORE (BY THEIR GRANDFATHER’S WILL DOCUMENT). NOW HIS BROTHER WANT TO EXCHANGE THE PORTIONED LAND, BECAUSE HIS LAND LITTLE FARAWAY FROM THE HIGHWAY ROAD. BUT MY HUSBAND DOES NOT AGREE IT. SO HIS BROTHER IS MAKING SOME TROUBLE TO MY FAMILY AND KUWAIT WORKING HUSBAND. FURTHER HE TOLD ME, IF HE NOT EXCHANGE LAND, I WILL FILE CRIMINAL F.I.R AGAINST HIM. BESIDE THEY DID GET THEIR SISTER’S SIGNATURE WHEN REGISTERED THE DOCUMENT. HENCE, I LIKE TO KNOW THE FOLLOWING QUERY’S REPLY.


1. WILL MY HUSBAND’S BROTHER REOPEN 2 YEARS EARLIER REGISTERED LAND DOCUMENT?

2. CAN MY HUSBAND’S SISTER CLAIM ANY SHARE FROM THIS PARTITIONED LAND NOW?

3. DOES SHE HAS ANY LEGAL RIGHTS IN THE PORTIONED LAND ?

4. CAN POLICE ACCEPT HIS OR CLOSE FRIENDS (SELF PLANNED) CRIMINAL F.I.R AGAINST MY HUSBAND WHEN MY HUSBAND IS STAYING IN INDIA?

5. MAY I KNOW WHAT TYPES OF CRIMINAL F.I.R , COURTS/POLICE CAN SEIZES PASSPORTS?

6. CAN MY HUSBAND TAKE ANTICIPATORY BAIL FOR 30 DAYS?

7. HAS ANY OTHER ADVANCE BAIL OR OTHER PRECAUTIONARY STRUCTURE AGAINST THIS CRIMINAL F.I.R?

8. CAN MY HUSBAND RETURN ABROAD WITHIN 30 DAYS, IF HE FILE CRIMINAL F.I.R.?



PLEASE ASSIST TO RESPONSE TO ALL MY QUERY.


THANK YOU ALL EXPERTS,


RUBIKA.

sumedh   10 January 2015 at 10:46

Dulpicate leaving certificate

respected sir / madam

i required duplicate leaving certificate from my school how can i get this certificate . i was given s.c.c. exam in year 2004 & i passed this exam but i lost my leaving certificate in shifting my house

so which procedure to for geting l.c.

Mehul Chudasama   10 January 2015 at 10:31

Interest u/s 234a whether levied or not

Since For AY 2013-14 I Have Filed Income Tax Return Within Due Date, But Not Sended To Income Tax Department In Banglore, So It's Unprocessed Till Date

But I Have Made The Mistake In Original Return That I Have Forgetting To Show The Amount of Rs.100940 as Paid Self Assessment Tax. That,s Why I have Filed Revised Return ON 13/11/2014 Including Further Tax of 10000

Since My Net Tax Liability After Deducting TDS Is Rs.98745 Against Which I Have Already Deposited as Rs.100945 Self Assessment Tax Within Due date Of Original Filing 31/07/2013

But ITO Charging Interest U/s 234A form Date Of Original Due Date Till The Date Of Revised Filing

Whether I Am Liable to Charge Interest Or Not On Account Of Just I Have Without Sending Original Return TO Banglore but Make the Payment of Self Assessment Tax Within due Date of 31/07/2013

K. P. Boda   10 January 2015 at 09:43

Transfer of flat to join owner

Can a flat owned under a joint agreement by father and son be transferred in the name of the son after death of father particularly when father has not signed any nomination ? Is succession certificate necessary or merely an indemnity bond will do? Please enlighten.

Anonymous   10 January 2015 at 08:48

marriage

Can a Hindu Marathi man marry his father's sister's husband's brother's daughter?

Rajeev Shrivastava   10 January 2015 at 00:52

Fabrication if false case

A false case if suspension was made out against. Me due to malafides.A group of officers joined hands together and created false and misleading reports intentionally. Fabrication proved by CAT. What actions can be taken against all ? Can a writ petition be filed in high court seeking filing of fir and action under ipc and direction to govt to punish such officers ?

Rajeev Shrivastava   10 January 2015 at 00:31

ACRs declared non est

My two ACRs written in violation of standard procedure have been declared non est by ministry. Hiw the dpc has to consider the period of these acts? Whether acts of equivalent period from previous years to be considered ? No instrs of DOPT exist on the issue.

C R Muralidharan   09 January 2015 at 23:43

Purchase of tamilnadu housing board property in trichy

Sir, i am planning to purchase a Tamilnadu Housing Board (TNHB) property (Area/Size - Plot/Land 344 & 645 sq ft) at trichy in india. The following are

1. Plot/Land allotted by the Authorised person of the TNHB in August 2oo6 to allottee under a lease cum agreement.

2. Sale Deed is having in the name of Allottee and it was executed in April 2008 between TNHB and Allottee.

3. Allottee purchased TNHB plot through Auction.

4. Allottee is having a right to sell a plot to others?

5. TNHB is insisting to construct a building within a year, otherwise THNB is having right to get back the plot and relesse an advance and installment amount without interest to allottee under TNHB act 1961.

Above situations, I can buy a TNHB plot/land only, it is legally acceptable?.

Kindly advice in this regards.

C.R.Muralidharan, Chennai.

sumit sharma   09 January 2015 at 23:18

About proceedings

Im fighting a case from prosecution side which is a case of sec. 302 IPC. Now the case is pending in Defence Evidence since june 2014 and it was closed by court in july end. But after receiving an affidavit from defence to allow a chance to call up the witness and to examine him, the court allowed for evidence to be examined. Still the presence of such witness cannot be held till now. On every date adjournment is given by the defence and it is done to just linger on the case.
Kindly tell me what tactis should I follow so that the case could come into final argument if again the same practice is adopted by defence on the coming date.