kiran rana
03 October 2009 at 12:14
I am person from uttranchal.
My father-in -law in having ancestral property.
He is having 4 brother. Now he want his separate part of property but his other brothers are united. They are not interested to gave them any property.
Please help us.
Regards
CA Manmohan
03 October 2009 at 12:06
WE HAD TWO UNITS OPERATING UNDER THE SAME NAME. ONE OF THE UNITS LOCATED IN HARYANA WAS CLOSED AND THE WORKERS RAISED DISPUTE BY NOT ACCEPTING THE COMPENSATION OFFERED TO THEM. FOUR OF THE WORKERS MANAGED TO GET THE AWARD EXPARTE IN THEIR FAVOUR FOR CONTINUITY OF SERVICE WITH BACK WAGES. WHILE THE REST PURSUED THE CASE AT THE INDUSTRIAL TRIBUNAL. WE MANAGED TO SETTLE THE DISPUTE BY PAYING THE WORKERS INCLUDING THREE OF THE WORKERS WHO HAD EXPARTE AWARD IN THEIR FAVOUR. THIS WAS DONE IN THE INDUSTRIAL TRIBUNAL ITSELF. ALL THE WORKERS ACCEPTED THE COMPENSATION AND RELENQUISHED ALL THEIR RIGHTS. BUT ONE WORKER WHO HAS AWARD IN HIS FAVOUR HAS APPROACHED THE INDUSTRIAL TRIBUNAL FOR COMPUTATION OF BACKWAGES TILL DATE INCLUDING THE BENEFITS WHICH WERE AVAILABLE WHILE THE UNIT WAS FUNCTIONING? IS THIS CLAIM TENABLE?
Varada Iyengar
03 October 2009 at 11:55
Hi,
We are a Apartment Owners association in Gurgaon, Haryana.
With the recent HC judgment (refer to) CWP960 Lowe v/s State of Haryana Decided 9/9/2009, we need help with representing our owners association in implementing the remedial measures passed in that judgment.
If there are law firms based in NCR with specialized practices in civil/property law, please get in touch with me..
regards
Varada Iyengar
President, UGAOA
Sumir
03 October 2009 at 11:42
Can any one tell all laws that prevents cruelty to animals in mumbai, (since I have heard Bombay police act, also has some provisions for it), along with some landmark judgements on it. also state all action taking authorities in India, for the same.
Rahul Gupta
03 October 2009 at 11:11
I have issued an cheque having mode of operation is Either or Survivor. But later on the mode of operation is changed to joint and i need such written information which shows that the issued cheque with single signature at the time of Eithor or Survivor mode becomes invalid due to change of mode of operation.
Actually, i have issued a cheque in March and the mode of operation is changed to Joint in May, while the cheque issued in march with single signature is presented for payment in September and got dishonoured on the ground that " Double Signature Required ". Where as the cheque become invalid because mode of operation is changed. SO I NEED SUCH KIND OF INFORMATION WHICH IS LEGALLY ACCEPTED.
anshul sangal
03 October 2009 at 08:50
Sir what is the scope of labour law as a career point of view in private company for law graduate?
Surata Ram
03 October 2009 at 04:02
Can a second chargesheet under section 173(8) make additional persons accused or the further investigation remains only in respect of the already chargesheeted accused whose cognizance has been taken by the court as per the first chargesheet?
Kindly throw light on it with citation of supreme court or high court if possible.
Surata ram
Member (Account Deleted)
02 October 2009 at 23:40
As part of my curriculum, I am gathering data on the topic of fair dealing in copyright. The questions are directed towards getting first hand information about issues related to the topic.
I sincerely request the experts panel to respond to this questionnaire to enable me to put together this research. Thanks in Advance.
Questionnaire
Question No. 1
Do you believe that the currently existing legal provisions and enforcement machinery in India pertaining to Copyright Law are adequate?
Yes, they are adequate
No, but they just about make the cut.
No, they need a complete overhaul to deal with the changed times.
Question No. 2
Do you believe that laws in India, specifically with regards to fair dealing in copyright law?
Yes, they are adequate
No, but they just about make the cut
No, they need a complete overhaul to deal with the changed times.
Question No. 3
Some countries keep the threshold of ‘Fair Use’ in certain copyrights to a maximum of 10% of the copyright work. Do you think this is a rationale distinction to determine fair use?
Yes
No
Question No. 4
If you feel that the ‘Fair Use’ doctrine in Copyright law needs improvement, what is the area that in your expert belief needs more improvement?
Legislative reforms – Like more specific legislation on the topic
Speedy and effective implementation – Stronger enforcement machinery with wider powers
Bigger and stronger administrative machinery to effectively deal with complaints
Other – Please specify
Question No. 5
Which area, in your expert opinion is the biggest area in which the ‘fair use’ doctrine is misused? (Either by copyright owner or alleged infringer)
Copyrighted written works (literary)
Copyrighted artistic works (news media, performance)
Copyrighted dramatic works (theater, movies etc.)
Any other (Please specify)
Question no. 6
Amongst the well known modes of fair use, which mode is the most used as defense by users of copyrighted work?
Research
Non-commercial use with acknowledge of copyright of owner
Imparting education
Criticism/Review of work
Contesting the copyright of the work itself
Contesting that alleged infringement involves application of mind and not a copy of previous work
Other (Please Specify)
Question No. 7
Do you think there is adequate awareness amongst copyright owners/users of copyrighted works about the ‘fair use’ doctrine in India?
Yes
No, but we are getting there
Not at all, there is a need for awareness about this doctrine amongst users
Question No. 8
What in your opinion is the proficiency level of professionals involved in litigation pertaining to fair dealing in copyright?
Very proficient - Most of them are experts in Intellectual Property Law
Proficient - Achieved proficiency through experience over the years
Not Proficient – general expertise without any specialized focus on Intellectual Property Rights.
Atish
02 October 2009 at 23:26
MY QUESTION ASKED PREVIOUSLY TO WHICH I GOT A POSITIVE ANSWER FROM ALL THE RESPECTED AUTHORITIES ON THIS SITE. THANK YOU EVERYONE. IT WAS ANSWERED THAT IT IS TOTALLY AND LEGALLY RIGHT. THE QUESTION WAS AS FOLLOWS:
‘If 50% share of a residential property is gifted vide registered power of attorney and registered with the resistrar and later after the date of registeration of Gift Deed the Power of Attorney is revoked, does the Gift deed stand valid or can a stay be taken, and could any legal action be taken on the Power of Attorney holder( The regsteration of Gift deed is done and then a notice for revoking dated after that is sent to the P.O.A. holder).
Regards’
NOW ON HANDING PAPERS IN THE SOCIETY WITH ALL UNDERTAKINGS THE SOCIETY TOOK TIME AND HAVE STILL NOT TRANSFERRED OR GIVEN N.O.C. TO ME.
NOW THERE WAS A LEGAL NOTICE SENT BY THE POWER OF ATTORNEY HOLDERS LAWYER ASKING THE SOCIETY NOT TO TRANSFER THE SAID PROPERTY.
IS THAT LEGAL OR LEGALLY ALLOWED. WHAT SHOULD THE SOCIETY DO.
IN CASE THE SOCIETY STILL REFUSES TO GRANT N.O.C. THEN WHAT STEP SHOULD I TAKE AND WHICH AUTHORITY SHOULD I APPROACH. ALSO HOW LONG WOULD ALL THIS TAKE.
REGARDS
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Pls any expert who can suggest on Setting Aside Compromise
Two properties were divided among three brothers after the death of my father Gurcharan Singh under the Arbitration Award. One property of Ludhiana came to my share and the second property of Mohali went jointly to my two brothers.ONE of my brother filed an objection petition under section34 for setting aside the award on the following ground,
1. that he has invested seven lac for
reconstruction of Ludhiana house.
that i had orally promised to pay twelwe lac on issue of TS 1 from MUNICIPAL CORP.a
AFTER that a compromise deed was signed where it was agreed that I will sell the house and pay Rs.549,000 to my brother and the compromise deed is read as under
That on receipt of RS.549000 ALL THE CLAIMS OF KULJIT SINGH IN RESPECT OF THE DECEASED GURCHARAN SINGH FATHER OF THE OBJECTER SHALL BE FULLY SETTLED.
I make it clear that the amount of seven lac and 12 lac is without any documentry proof andI THINK THAT IT WAS A GROUND FOR SETTING ASIDE THE AWARD AND THESE WERE NOT CLAIMS.
It is also mentioned that it is the part and parcel of the ARBITRATION award signed by two witnesses in which one witness is arbitrator.
I ALSO NEED ADVICE THAT AT THE TIME OF SIGNING THE COMPROMISE DEED MY COMPLAINT WAS LYING WITH THE POLICE AUTHRITESWHERE IT WAS WRITTEN THAT IF ANY THING HAPPENS TO ME MYBROTHER WILLBE RESPONSIBE AND ALSO MY TREATMENT FOR DEPRESSION IN THE PSYCHIATRY DEPTT AND ALSO I REMAINED ADMITTED TO PSY WARDAFTER THREE MOTHS OF SIGNING THE DEED.
PLEASE ADVICE THAT COMPROMISE DEED CAN BE SET ASIDE ON THE ABOVE GROUNDS.
SECONDLY IF THE DEED IS IMPLEMENTED WHETHER I HAVE T0 PAY MY BROTHER Rs,549000 or more
It is requested that detailed reply be given.