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

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smita   15 October 2013 at 16:44

Can i sell my property individually

Dear Sir/mam,

we are 5 members and We have get total 2 acres of Agriculture land from our mother (by court)...
and Individually everyone got 17 Guntha Land in it.

But my uncle saying we cannot sell individually because of (Tukda bandi Law or Gunthewari kayda)everyone got land under half acre...

and also my uncle said that we cannot sell 2 or 3 members and if we sold 2 or 3 members, then total land(2acre) will go to govt. or privious owner...

so my question is can we sell partly land of 2 members(means 34 Guntha)or my uncle is right..?

sekar   15 October 2013 at 16:38

Gratuity

I worked for total 6+years. I was sanctioned leave without pay for about 23 months.Under gratuity Act 5 years continuous service is necy. Does leave without pay count for continuous service.Then, am I eligible to get gratuity @15 days per year??In gratuity is DA and HRA counted?
pl advise. thanks.

sagar   15 October 2013 at 16:26

About practice

Dear sir i am in LL.B 3rd year. can i start practice ?

gk   15 October 2013 at 16:21

Proof of place and date of birth - for passport application, 2 special cases

Dear Sirs/Madam/Experts,

Regarding the subject I have two queries on different cases as explained below, and the requirement is for the Passport Application for my parents who are senior citizens and my father is a Kerala State Govt. Pensioner (retired as a teacher):

Case1

For my father. He retired as a teacher in 1988 (Lower Primary School teacher). He passed SSLC. But at present not having any SSLC or other leaving certificate either original or duplicate. So as per the documents' List mentioned in the Passport application instructions provided in the website, we do not have any documents for the proof of place & date of birth of my father.

Please be noted that the available documents are : He is having original Pension Book (not pension payment order) on which the date of birth is indicated (as 08-April-1933). He is having Aadhar Card, Ration Card, Bank Passbook with DOB and photo/address etc, Voters ID, Electricity Bill (in his name), Gas Connection Book of Indian Oil Corporation (Indane) with his name /address etc.

In the above documents nowhere indicated his place of birth. The date of birth indicated in Pension Book and Bank Passbook only. Voter's ID Card/Ration card - age (apprximately) only mentioned. In this particular situation how could I apply for a Passport for him preferably if I need in Tatkal scheme?

Case2

My mother is 73 years old housewife. Her place of birth is WXYZ (in Tamilnadu) ans she studied in Madurai till 8th std only. She could read, write Tamil/Malayalam well and will sign in English. She does not remeber even which school she has studied in Madurai and not having any transfer/Leaving certificate or birth certificate indicating the subject information (Place & Date of Birth).

Please be noted that the available documents are : She is having Aadhar Card, Name in Ration Card, Bank Passbook with photo/address etc, Voters ID, in my father's pension book - her name is indicated (wife), etc.

She can sign an Affidavit with Notary attestation for her place/date of birth if she is an illiterate/semi-literate but in this case my mother is not illiterate as I indicated above! (otherwise whether she has to declare as in the affidavit as illeterate for the proof of DOB & POB?)

In the above documents nowhere indicated her place of birth / date of birth. In the Voter's ID Card/Ration Card, age (apprximately) only mentioned. In this particular situation how could I apply for a Passport for her preferably if I need in Tatkal scheme?

NB: There are legal property agreements (purchased by) in both of my parents' name.

So please be advised my how could I approach the Passport Officer on this particular case. Please note that I have contacted Passport Seva personnel and they are not able to provide any other advice other than the norms/conditions as per the required documents.

Your prompt response and advice will be highly appreciated with thanks in advance.

with best regards

gk

Pranav Parmar   15 October 2013 at 16:10

Regarding softex form

Dear Sir,

Whether the revised guidelines as per RBI circular No. RBI/2013-14/254 for submission of Softex form is applicable to all exporter even invoice value of exported goods is less than USD 25000 or it is only applicable to exporter having turnover of Rs.1000 crore (Bulk exporter. however, sub-Regulation (d) of regulation (4) of foreign exchange management (export of goods and service) regulation,2000, exempts the exporter having invoice value less than 25000.

Please suggest.

Member (Account Deleted)   15 October 2013 at 15:41

RCR pending

Wife filed for rcr 2008 (pending final argument) no mantainence payed, but now he says he is ready to accept wife after denying all these years. Divorce filed by cunning husband in same court.
Need urgent help no help from our adv..

Nitin Shah   15 October 2013 at 15:33

NOC from my advocate

I reside in Ahmedabad. I have an advocate in Bangalore who has done nothing to get result in money suit, I had filed thru him. I have asked for NOC which he is ignoring. What are my options? Can I take this up with Bar Association?

Boy_Hindu   15 October 2013 at 14:15

Wife demanding rights in in-laws house

Dear respected lawyers/advisors, I am glad to have found this forum at my times of need.

I am married for 3 years, with a 2 year old girl child. My wife's behaviour from the time of marriage has been unacceptable and very sadistic. She gets into mood swings very frequently, and has never given us an opportunity for a happy family life. For the first year we lived in my father's house. She started quarrelling often and she hated everybody in my family. She instilled havoc into the peaceful living of my family. Over a period of time she demanded a separate residence. I therefore rented a separate residence 30 km from our house. It became very evident that she is unable to take up the daily activities of cooking and maintaining the house and the child. She has never gone to work but is a BE graduate. She stayed with me along with the child only for two months in my rented house and then left back to her parents house complaining of loneliness when I am away at work!

It has been six months since she along with the child left me to stay alone. Her father who had observed the anger problems with her took her to a psychotherapist (I had no role to play in this) and she is said to be suffering from Bipolar disease / extreme anger / Obsessive compulsion problems. The doctor put her on psychiatric medications and she has been visiting the doctor ever since she left me. Even though the doctor is instructing her to join me in my house, she is refusing to do so. She is not ready for a divorce. Even though I can wait for some more time for the sake of my loved child, there are newer problems that have arisen. She is demanding that she has the right to stay in my father's house (since she is the daughter-in-law) and she wants to bring up the child in my father's house. Whenever we try to convince her, she abuses my father and there are many incidents where she enters into my father's house with the child and she spends three to four days before returning to her parents. The situation in my father's place has become very sadistic, since she quarrels with my parents and abuses them. She also pathetically treats the child in order to hurt our feelings. There is no peace and calm in my father's place whenever my wife stays there.

I request your guidance in the following questions:

About my father's property: My grandfather had purchased a house (acquired). After his death, my father along with his two elderly sisters were the legal heirs. My father got
release deeds from his sisters after paying them legally. My father recently got the old house demolished and built a new house in the same place. The property is in his name.

1) My wife demands that she has a right in my father's house. She says she can enter the house anytime and stay there for however long she wants. Whether or not my father's property is self-acquired or ancestral or inherited (I am not sure what category it falls under ) can she demand residence/shelter in that house (even when the husband has rented a separate house)?

2) My wife claims that since the child has rights in my father's property, she along with the child will stay in my father's house and bring up the child. Is this claim legal?
Can she reside there if the child has rights?

3) Can I or my father bring a Stay order from court to not allow her into my father's house? If so, on what grounds should we bring a Stay?

4) If I go for a contested divorce, after serving the notice to her, can she still enter into my father's house and reside there until the Judgement is passed?

I thank everyone for their helpful advice/suggestions.

M R Shaikh   15 October 2013 at 13:34

Clarification about cat judgement

Prayer in O.A
(a) quash and set aside the impugned orders and
(b) direct the respondents to reinstate the applicant forthwith in service with all consequential benefits including continuity in service as of Scientific/Technical Assistant B
(c) direct the respondents to further consider the applicant for appointment to the post of Scientific officer/engineer-SB (District Information officer) with all consequential benefits
award costs of the proceedings and pass any other order/direction which this Hon ble Tribunal deem fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.

CAT Order as follows
In case the claim of the applicant is found to be correct then he will be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked.
..............................
MY Query:- Will this order also cover prayer no ( C) of this O.A or Not

PARTH   15 October 2013 at 12:32

Tri partite agreement

We bought a property in gujarat, the said property was given on lease to one of the bank, the said bank's branch is running at the aforesaid property.

To inform you that, the Lease Deed was executed by the PREVIOUS OWNER FROM WHOM WE BOUGHT THE LEASED PROPERTY.

The sale deed was duly registered in our name, but due to some misunderstanding there after, the PREVIOUS OWNED DID NOT SIGN THE TRI PARTITE AGREEMENT. AND DID NOT REFUND THE BANK'S DEPOSIT.

UPON NON SUBMISSION OF TRI PARTITE AGREEMENT , BANK IS NOT PAYING RENTALS TO US.BANK IS TAKING STAND THAT , YOU FIRST GET THE OLD OWNER IN FRONT OF US AND EXECUTE THE TRI PARTITE AGREEMENT. THEN ONLY WE CAN START MAKING PAYMENT TO YOU.

PLEASE ADVICE WHAT BEST SHOULD WE DO IN THIS MATTER ?

(Old Owner is not at all ready to sign the Tri partite Agreement )