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jobstervijay   28 July 2022 at 04:36

Lawyer sending unauthorized notice

there are 2 instances but in both lawyer sent unauthorized notice
I manly need to know cpc for sending notice, do they need authority letter /consent letter and how to report such mal practice

1) recently copyright notice was sent to one publisher on behalf of another, accuser denies sending such notice in call but not giving in writing, when asked lawyer he said he sent notice on behalf of another lawyer ,another lawyer is found to frnd of accuser

2) when one person was selling flat paper notice was published on behalf of his wife ,but wife not accepting/denying such notice ( her being adamant is one of reason divorce case pending )



where to approch to force lawyer to prove authority
plz note,wordis force

gurinder singh   27 July 2022 at 14:34

Vat penalty

e way bill expired due to a sudden storm on hills as vehicle had to take shelter for few hours for storm to pass. VAT officer intercepted and asking to deposit tax and penalty. I asked trader to pay tax and I will pay penalty as he will get his tax refund, adjusted subsequently. Trader is not agreeing. He says his CA has advised him that he will not get his tax amount back. This seems illogical to me as govt will logically not take tax twice on same goods. Am I right or the trader is right?

Read more at: https://www.lawyersclubindia.com/forum/penalty-under-vat-for-expired-e-way-bill-225228.asp

Sachithanantham D   27 July 2022 at 13:06

Complaint filled under ni act

can a compliant be filled under section 138 and 142 of NI act if the said loan amount is guaranteed by hypothecating un movable assets

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Venkat   27 July 2022 at 00:18

Child custody execution

Dear experts:

I was awarded guardianship and custody by Family Court in Hyderabad this week after a long custody battle with the mother (child is living with the mother). The court ordered the mother to handover the child to me within two months and also gave her visiting rights to visit the child every week. In this regard I would like to ask you:

If the mother does not comply, can I file Habeas Corpus petition in High Court or must I file a regular execution petition in the same family court that gave the order (which can take months to succeed if it all)? In the famous Tejaswini Goud vs. Shekar Prasad Tiwari, the Mumbai HC and the Honble SC did allow Habeas Corpus petition to be a suitable substitution to the execution petition since it is expeditious.

Thank you very much.
Venkat









Anonymous   26 July 2022 at 23:19

Property transfer fees

I have a query, If an onwer of a Shop (situated in Gujarat) has prepared a will of his all properties and his shop would have been in name of his nephew after his death. So does the society can demand and collect the transfer fee of a shop from the owner's nephew upon transfering share certificate on nephew's name?

Anonymous   26 July 2022 at 19:01

Cancellation of bail

Respected Experts,
I am a Newly Enrolled Advocate need some guidelines from the seniors,
Please guide me with caselaw for Cancellation of bail of an Accused who is released on Bail under section 375 IPC.

pratik debnath   26 July 2022 at 16:15

Pf transfer request rejected for ncp issue

Hi Team

I was in a company from the year 2011. On the year 2015, company sent me abroad for onsite assignment for 1.5 years. On that that period PF contribution was not submitted.
I came back India on 2017, and continue working on same company till 2021, and PF contribution submitted regularly on the period of 2017 to 2021.

When I change my job, and requested for PF transfer , But it was rejected for NCP issue.

My ex employer asking me to put last working day on epfo portal as the travel date( year 2015) when I went on abroad , instead of my actual last working day(year 2021). They are referring some UCD process and saying it is the epfo act.

But whatever I understood it will be financial loss for me as epfo will provide interest base on contribution till 2015.

Can you please suggest whatever they suggested according to law or not. Or they( Ex employer) made any mistake for which I am suffering?

Thanks
Pratik

Anonymous   26 July 2022 at 09:07

Parking fee

Sir my real big brother is lieutenant and I drive bike or car can I pay parking fee
And vehicle is register on my brother

Anonymous   26 July 2022 at 09:02

Car parking spaces allotted by the builder

We have 4 allotment letters from builder for reserved car parking with Space #s for respective apartment numbers owned by our family members at Chembur East, Mumbai. But none of the parking Space is assigned by CHS to us. Since 2018, We are repeatedly sending request emails to Secretary, Chairman & Manager of Society but no feedback given to us only verbally telling we are in process of allotment but never happening till today. Can any SME guide us on legal proceeding to be taken up with the Registrar of Maharashtra State Government and how?

prakashsingh   25 July 2022 at 16:18

Filing a divorce petition

Dear respected experts,

I am writing on behalf of a friend who is facing trial against his wife under 498a. The trial is underway for almost 10 years and he has been sent judicial custody in the beginning. He doesn't want to live with that lady again, so he has filed a divorce petition twice but got rejected.

Our questions are:-
1. Do we need to file another divorce petition separately or the judgement of 489a will be enough for treating them separated?
2. Will the judgement of 498a help him file a successful divorce petition?

Thanks in advance..