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Ram   03 November 2020 at 01:53

Property attachment in chq bounce case

Dear Experts,
I had rented a shop for which I paid rs.2 Lakhs Advance. After I vocated the Shop the owner asked me time to return my Shop Advance amount. But it is almost 4 years have gone. He did not pay the Shop Advance amount. I made a police complaint. Police enquired and asked the owner to give a ChQ worth rs.2 Lakh. The ChQ is bouncing due to insufficient money. I filed ChQ bource case. He did not attend Court. Finally Court passed Ex-Parte Order.

My Question:
1) Can I ask Court to attach his property? I have taken EC & His House document through sub-registrar office.
2) If not, Is there any other way I can get my shop advance Back?

Thanks In Advance
Ram

Anonymous   02 November 2020 at 23:53

Income tax on court order (principle along with interest)

I filed a case in court and after about 7-8 years, the court issued orders that the cost of the property along with interest at 8% p.a. be returned to me by the builder. So,I received a big lump sum amount which included original cost of the flat plus interest for all the years together. My query is that how should this amount be treated for taxability in my Income tax return? - Should the total amount be taxed in the year of receipt as revenue receipt or should this be treated as capital receipt? - Should I ignore the cost of flat part and just show the interest part as income? - What should be the tax treatment of this interest part- revenue income or is this a capital receipt since it is related to a capital asset. - Should not this interest part be bifurcated over all the years to which it relates and then taxed in the return of each such year thereby reducing the tax burden,

under case title

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA



Complaint No : 229 of 2016

Date of Institution: 11.08.2016

Date of Decision : 01.03.2018



1. Shalini Manuja w/o Sh. Ved Prakash Manuja, Resident of 4-R, Model Town, Panipat-132103, Haryana.

2. Satyan Manuja s/o Sh. Ved Prakash Manuja, Resident of 4-R, Model Town, Panipat-132103, Haryana.

Complainants

Versus

1. Ansal Landmark (Karnal) Townships Private Limited through its Chairman having its registered office at B-47, Connaught Place, New Delhi.

Second address: 11th Floor, Narain Manzil, 23, Barakhamba Road, New Delhi-11001.



Ansal Landmark (Karnal) Townships Private Limited through its Chairman having its registered office at Sushant City, Sector-36, NH-1 Milestone-119, Karnal, Haryana.

Opposite Party

2. Indiabulls Housing Finance Limited through its Branch Manager having its office at F-60, 11nd Floor, Malhotra Building, New Delhi-110001.

Performa Opposite Party



Anonymous   02 November 2020 at 22:33

My previous company refuse to give relieving letter

Its been 45 days I relieved from my previous company, It was the smooth release, now they were refusing to release my relieving letter and experience letter. I have all my payslips and resignation acceptance E-mail. Now my current company is asking those documents . What Should I do now?

Anonymous   02 November 2020 at 14:49

Rent agreement

Respected Experts,
I own a shop which is on rent, the earlier rent agreement between me and the owner on a stamp paper has completed its 11months, in the earlier stamp paper agreement, we had added a clause 6-month notice to be served by the owner to evacuate the shop,
my question is - The owner of the shop can convey me to vacate the shop as per his terms now or he has to serve me notice of 6 months to vacate?

abhijit majumder   02 November 2020 at 14:41

Arbitration clause in an agreement

To
The respected fellow Colleague
My Company is a 100% State Govt owned Company under Department of Forests.
Very recently the Company entering into a dealership agreement with a dealer.
The agreement contain a clause :
"Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to the PRINCIPAL SECRETARY OF THE Department of Forests who act as an sole arbitrator."
My query is :
Is it a Valid clause as per arbitration and conciliation act 1996?
Abhijit

Madhu Mittal   02 November 2020 at 11:45

Sending bailable/arrest warrant by regd post to police stati

Summon u/s 138 N I Act is given by Dasti in two copies by court to complainant . One copy is sent to Address of Accused by Rgd post AD. On the date of court hearing other copy of summon with postal receipt of Regd post AD is handed over to trial court, thus summon is deemed to have been served.
Now Bailable Warrant is issued and given Dasti to Complainant. Now my humble query is that Whether the said Bailable Warrant be sent by Rgd post AD to concerning Police station to be executed and the photocopy of said Bailable Warrant along with Rgd post AD receipt be handed over to trial court as proof of sending Dasti to Concerning police station. Otherwise if trial Court ask where is Bailable/Arrest warrant given Dasti, complainant has no answer. Is there any illegality in it, because a policeman gave confusion to us by telling that Bailable Warrant as well as Arrest Warrant Can not be copied and photocopy of said can not be given to court alongwith regd postal receipt, it is some type of offence.
This is required as in general, whenever a Bailable/Arrest warrant is issued, if not taken Dasti, it is hand over to policeman without taking any receipt thereof, and if it does not returned back either executed or non-executed, no follow up action is taken by court, and simply issue another Bailable/Arrest Warrant,and keep on doing so. By taking Dasti, and sending to concerning Police Station by Regd post,at least it is proved that bailable warrant has been posted at least concerning Police Station.

Anonymous   02 November 2020 at 09:57

Fee refund by ignou

I had taken admission in IGNOU on 30th of July . However my fee was deducted but was not reflecting on the IGNOu page. Soi had to take admission again on 31st July in short my fee was deducted twice in the month oh July . The excess fee deducted have not been refunded even after three months. I have sent them numerous mails. They say that they will process the refund shortly but I don't think it's happening. Please help.

Anonymous   02 November 2020 at 09:42

Fee refund by ignou

I had taken admission in IGNOU on 30th of July . However my fee was deducted but was not reflecting on the IGNOu page. Soi had to take admission again on 31st July in short my fee was deducted twice in the month oh July . The excess fee deducted have not been refunded even after three months. I have sent them numerous mails. They say that they will process the refund shortly but I don't think it's happening. Please help.

ketan shah   02 November 2020 at 09:11

Stay order on decree passed by trail court

Respected Sirs,
I had filed a civil suit on one of my tenants in Small causes court in 2009 and the Decree was passed in my favor in 2016.
Tenant filed an appeal in the appeal court in 2016 and was granted stay for not execution of the decree.
Recently there is a judgement passed by Supreme court saying that what ever stay orders are passed by the Appeal or High court prior to 2018 in orders passed by lower courts will not be effective for more than 6 months.
I would like to know wether in my case the stay on Decree execution which is more then 4 years can be vacated.
Thanking you in advance

Vivek Singh   02 November 2020 at 01:04

I have a doubt regarding partnership property

Hello dear EXPERTS,
I have one question,

We are buying land for business purposes and the land belongs to a partnership firm.

FACTS ARE:-

In 1985 - 3 partners Partner A, Partner B, and Partner C formed a PARTNERSHIP FIRM and brought land in the name of Partnership Firm by (Registered Sale deed executed by PARTNER A).

In 2004 - All Partners signed a dissolution deed and transferred all the assets in the name of PARTNER A

NOW ALL PARTNERS RETIRED AND PARTNERSHIP FIRM HAS ONE PARTNER ONLY ( I e PARTNER A with all assets of firm)

NO SALE DEED IS DONE BY Partner A in favor of any other partner


In 2005 - PARTNER A made a new partnership deed with the same name and same business with New Partner D and New Partner E
( As per new partnership deed, No land is put in stock by PARTNER A as his capital )

In 2006 - PARTNER A retired from Partnership firm leaving New Partner D and New Partner E

My Questions are:-

1. THE LAND BELONGS TO WHOME NOW ( PARTNER A) or New Partner D & E?

2. TO PURCHASE THIS PROPERTY REGISTERED SALE DEED IS required with stamp duty or PARTNERSHIP deed is enough without stamp duty?

P.S. I am dealing with PARTNER A to purchase the property, want to make sure that I am dealing with the right person.

Please help in clearing my doubt.