Advocate Satish Mishra

SARFAESI, 2002 - Securitisation and Reconstruction of Financial Assets & Security Interest, 2002 , Amendment in 2004. Amendments Expected - Central Depository to keep account of all docs, ARC’s Indian Stamp act not applicable, Judge age to be increased from 62-65 DRT- 65-67 DRAT, Jurisdiction to be of bank’s branch location, and DRT to be more stronger, hire purchase and lease agreement to be included with ARC’s to take 100% control of the asset control. DM will assist in taking possession and no civil courts to intervene. Loans applicable - Auto, Student loans, Mortgages, Credit card Receivables, Lease payments, Accounts receivables. When Applicable - Account less than 1 lakh or where principal plus interest in more than 20 % to be proceeded under this act. Agricultural land cannot be proceeded under Sarfaesi. Authorised officer can be Chief Manager. Steps-         0. NPA declared as per RBI guidelines. 1.   ...

1 Download the form from phhc.gov.in. 2 file it one day prior to case. 3 Make a request when Court is not in progress. 4 check with restorer whether file has reached the court. If yes, handover the slip. If not then make arrangements. 5 Don't repeat this with Reader as he may get annoyed because this is not his work. 6 Adjournment filed. 7 Next day when the case is taken, you will be granted Adjournment subject to discretion of the court.

http://www.livelaw.in/electronic-record-inadmissible-section-65b-certificate-isnt-produced-sc/ Post on Nov 22, 2016 Harpal Singh @ Chhota vs Punjab reiterated electonic evidence not permissible if certificate under 65 B (4) not given. Anvar PV vs. PK Basheer stands upheld. 65 B  (1) - prove contents as per below subsection 2. Conditions required under 65 B (2) 1 Computer output (co)produced when device was in regular use over a person having lawful possession. 2 info in Co was regularly fed or stored in ordinary course. 3 device worked properly during material part. If not working content unaffected. 4 info in Co was done in ordinary course of activity. 65 B (3) talks about combination of computer . 65 B (4) - format of certificate. 1. Identify record and manner it was produced. 2 give particulars of device 3 signed by official if any. 65 B (5) - info supplied to official with or without human intervention.

Determining the appropriate business entity, Jurisdiction and tax status. Structuring and formation of new entities. Foreign Investments, Foreign Collaborations, Joint Ventures, and Technology Absorption. Setting up of branch offices, liaison offices or project offices. Tax planning. Developing and documenting shareholder agreements. Creating executive employment agreements and ESOP Plans that attract and retain key leadership. Identifying and securing intellectual property via trademarks, patents and copyright protection. Creating business financing strategies. We provide advice for ongoing business needs and transactions. Distributorships, Sales agreements. Stockholders' buy-sell agreements. Franchise agreements. Intellectual property and license agreements. Outsourcing agreements. Licensing agreements and technology transfers, including hardware, software and other services and products. Trade practices, advertising and promotions.

_*⭐SC:Evidence & deposition to be given to parties immediately after being recorded in same day!*_ _The pernicious practice of the trial judge leaving the recording of deposition to the clerk concerned and recording of evidence going on in more than one case in the same Court, at the same time, under the presence and general supervision of the presiding officer has to be disapproved strongly and discontinued forthwith._ _The deposition of witnesses, must be recorded in typed format, using computers, in Court, to the dictation of the presiding officers(in English wherever possible) so that readable true copies will be available straightaway and can be issued to both sides on the date of examination itself. In the circumstances, we direct that the notices be issued to the Rrgistrars General of all HCs, and The Chief Secretaries/Administrators and the Advocate General/Senior Standing Counsels of all the states/Union Territories, so that general consensus can be arrived at on t...

We, lawyers are known for implementation of laws first and then finding ways to escape it. One such story is of Advocate Prasanth Sugathan who has managed to file his return in Kochi manually without disclosing Aadhaar details followed by the interim orders of Kerala High Court. The reply from CBDEC (Central Board of Direct Taxes) is still awaited as they have not seen the order yet. He says,” This will encourage many more individuals who file returns regularly without disclosing Aadhaar details.” He got protection from the High Court on grounds of violation of fundamental right to privacy which is yet to be decided by the apex court. Government has clearly made it mandatory for all tax payers to furnish Aadhaar details or enrollment ID while filing their return. Kerala High Court has asked authorities to accept the lawyer’s case till the disposal of the petition. This move is clearly a setback for government who is considering Aadhaar to be made god of all the smal...

0 Sec 35 Onus is on accused to prove innocent unless the contrary is proved. 1 Sec 37 for Bail, statutory bail after 180 days, can be denied upto an year u/s 36 (a) (4). Bail in small quantity is a right to bail. ( Abdul vs UP, Shazi vs Kerala, Mueller vs Maharashtra ). Pretrial detention is upto 60-90 days. 180 days to 1 year in certain cases where investigation is not complete. 2 Sec 36 to set up special courts 3 Read sec 29 for conviction read with 20 (b)(ii)(c) with 8 (C) , 22,28, 30 of NDPS, Act 1985 4 Sec 67 – confessional statement 5 Sec 19, 24, 27A commercial qty. released on bail only PP gets opportunity and court is satisfied. 6 Offences are booked under 8/21/29/60 7 Sec 8 talks about prohibition of these substances for commercial and personal use. 8 Sec 19 farmer produces it for his own use and embezzles it. 10-20 years jail plus 1-2 lakh fine 9 Sec 23 Illegal import-export , transshipment of Narcotic drugs 10 Any person Who engages in  external...

OFFENCES AGAINST THE BODY (299-311) CH (Culpable Homicide) - Doesn’t know who to kill   Murder- Knows who to kill CH 299 - Culpable Homicide (IK) Intent and knowledge necessary for the offence. [ Before any charge u/s 304 II, material on record must show prima facie of CH accused has done an act which likely to cause death. I-> Injury likely to cause death. K-> Act will cause death. ( IK) 300 -> Murder where intention is there. Positive Mental Attitude – Special Mens Rea 1.            Intention to cause death. 2.            Knows bodily Injury cause death. 3.            Intention of causing bodily injury in ordinary course causes death. 4.            Act imminent will probably cause death Intention to cause Death - From facts ...