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

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Pradeep Nandlal Dave   05 January 2015 at 15:22

Gumasta licence

My friend owns a flat in 1st floor of the Co-op.Scty.as a residential flat.
He wants to Purchase a car and wants to
Company for Hire having Car No.plate in Yellow color as Private vehicle.
For this he wants Society consent for the 'Gumasta Licence', but Society is refusing.So what can be done.

yogeshrajendhiran   05 January 2015 at 15:10

Hi experts,

I have resigned my company on 20th Dec, and my notice period was 45 days. As per my company policy salary cycle is 20th to 20th.

I am asking for the nov-dec month salary. my HR is telling while serving notice period you cant get the salary. you will get the salary on feb 15th only!

so, my last two months notice period they are holding and not giving to me.

Legally it is correct??

NIKKY   05 January 2015 at 15:03

Bail of brother in law and husband in 498-a and 304-b

My sister-in-law committed suicide by hanging herself in the first week of November'14. At that time both my brothers( one is husband and second is brother-in-law) were present in the house. Their marriage period was 4 and half years so his in laws filed case under section 498-A and 304-B. Since then both the brothers are behind the bars. In the first week of Jan we appealed for bail of younger brother( Brother-in-law) but it was rejected by District Judge. In the meantime Police has submitted charge-sheet in the court. The actual reason of suicide was depression due to not having any issue for which medical treatment was going on. She has tried to commit suicide once or twice also earlier.. Please suggest what course of action should be taken now!!!

manishjohn   05 January 2015 at 14:59

Sale deed for the sake of registering property with no financial transaction

My parental house is in Delhi on land measuring 180 sq yards which my father bought in 1976. Originally, it was in my father’s name and a General Power of Attorney was made in 1982 with valuation shown at 3 lacs. Later, in order to get the property registered, a sale deed was made in 2009 and my mother was shown as buyer. The sale deed showed that the property was sold to wife for 13 lacs in 2009 (as per prevailing circle rates). The property was thereafter registered in my mother’s name. No financial transaction took place, either cash or cheque as the sale deed was prepared just for the sake of getting the property registered as my father could not do it in his name because GPA was in his name, hence a sale was shown. During this time, he was a pensioner with no tax liability.
On the other hand, the registrar office sent the sale deed details to income tax department as it was bound to do so. We have now received a notice from IT Dept. in the last week of December 2014 wherein it has raised an issue that sale of property took place in 2009 and the tax return had not been filed for that particular year, indicating that my father had earned capital gain of 10 lacs from 1982 to 2009 by selling the property. A valuable advice is kindly requested as to how we should convince the IT Dept. that the sale deed was made just for the purpose of getting the property registered and no financial transaction took place. Stamp duty was duly paid at that time. My parents still live in the same property.

Anonymous   05 January 2015 at 14:51

transfer of flat to nominee

Flat is in the sole name of my mother. She had nominated me(son) for the above flat i being the sole nominee. i have one married younger sister. My mother expired recently. I submitted all the papers along with the indemnity bond indemnifying soc in consultation housing soc federation. Now soc says that I should get legal heirship letter from court.But society is not giving anything in writing. Please guide what should I do and where should I go.

sam   05 January 2015 at 14:49

Change in name after marriage

Is it compulsory to change name after marriage in Hindu Family?
If any lady does not want to change name after marriage what prefix(Mrs or Ms) can be used in legal documents like passport etc.
My sister has not changed her name after marriage. whenever she write "Mrs. X(sister's name) Y(Father name) Z(father's surname)" it is misunderstood as she is wife of Mr Y Z which is wrong.
What is the legal solution for this?

sam   05 January 2015 at 14:40

Sell property after death of owner

Is it required to transfer the property to legal heir(e.g. spouse) after death of property owner to sell the property?
what are the steps to transfer ownership of property? Family has collected death certificate.

RADHAKISHAN C PHULWANI   05 January 2015 at 13:44

Advice on ipc section 420

Good day and Happy New year 2015 to all friends and members of Lawyersindiaclub.

One of my friend sold a piece of land to a buyer on national highway No.78. 2 months before registering sales deed he received notice from aquiring of 7 AREE(EACH AREE 1076 SQF) land for making 4 lane road from concern authorities but at the time of transfering he received letter from concerning authority for aquiring 5 AREE land by Govt of India and cheque for componsation amount enclosed which he informed to new buyer and transfer of sale deed took place as per law deducting 5 AREE land.The mutation in Tehseel was opened in new buyer's favor.

After two months the new buyer received a notice of aquiring further 2 AREE land alongwith cheque of componsation which he accepted and deposited in his account.

After 3 months he complained to local police that he was not informed by the seller and mediaters that the land could be aquired by the Govt of India for national highway. And he blamed that due to this he had financial loss.

Local police with Hands in Gloves with buyer and other RTI/Press not activist but other words say TERRORIST loadged FIR in which they charged seller and other mediaters as co-accused under section 420 mentioning that all peoples CHEATED him which resulting financial loss to him.

Here I must mention that the buyer accepted componsation from Govt of India and he had financial loss of not more than Rs.80000.00 only due to difference of selling and componsation price. The total deal is about Rs.37 lacs.

Now the local police due to hands in gloves calling all related parties and instead of recording any statement in writing they are using bad words, threatening to put all behind bars etc and presurising to settle with buyer who is opening unexpected and big MOUTH.

My question is:
1. In this case local police can use section 420 and can arrest seller and co-accused without any notice. Here I must say that due to seller is highly influncial they are not calling him and only calling mediaters in which 1-2 persons are not involved at all.
2. What is best way to handle this case. Some one suggested to request local SP to transfer the case to another office but we want to avoid because we beleive all are same and we have more cases under this officer.

Advice from lawers club will be highly appreciated.

Best Regards
Radhakishan Phulwani
rcphulwani@regaloverseas.com

Member (Account Deleted)   05 January 2015 at 12:58

Transfer of undertaking

Can anyone please tell the procedure/formalities involved in transfer of an undertaking (basically road project) by a company to its wholly owned subsidiary

Member (Account Deleted)   05 January 2015 at 12:53

Bank guarantee

Hi, need your opinion. We had auctioned the tolls on our one road stretch for one year 01.04.2013 to 31.03.2014 to contractor X. X had given us bank guarantee as security. Then we extended the contract and according X extended the bank guarantee till November 2014.

Now in November 2014, we again auctioned tolls (securitize) on same road stretch for one year December 2014 to November 2015. The contractor who won the bid is same X. Now he is saying that he will extend the earlier bank guarantee only. Is it valid? In case in future if we have to evoke the Bank Guarantee will the bank honour it. The Bank is ready to write that it is extension of 2013 bank guarantee and the work name is securitization. Won’t we require new bank guarantee as the contract is new.