v.viswanathan
08 August 2008 at 20:44
kindly let me know whether there any prohibitory claus or notifications relating to the partnership firms in the state of Tamil Nadu.
Vivek Shukla
08 August 2008 at 20:39
One Bank has branch which is not notified town as per Transfer of Property Act where one person has deposited Agreement to Sale of his Flat with intent to create Deposit of Title Deeds. However as it is not a notified town, the documents have been deposited by him with another branch which is a notified town and the disbursement of loan has been shown in the villge which is notified and account is maintained therein. The bank did not cared to get noted the charge on 7/12 extract of said property. subsequently after 5 years my client has purchased the said property who is a bonafied purchaser for value without a notice. he had published a notice in largest daily circulating in the area but he didnot received any objection. he has taken all the care he can. As the charge has been not noted and as there was no objection, the mortgagor has sold the property to my client and has now absonded. Now Bank has started the proceeding under 13(2) of SARFESI Act against my property and to protect my property MY client has filed a suit for injunction and his contention is that There is no valid deposit of title deeds, moreover as they are not deposited with the branch which is notified, its not valid one and bank has no charge. So also Agreement to Sale cannot be a document of Title. Now Bank is saying that its mortgage is valid one and there is a correct deposit of title deeds. Please send me the authorities of Supreme Court on this point saying that Deposit of Agreement to Sale is not a Deposit of Title Deeds. and if documents are not deposited in a notified town, it will not create a valid charge and there is no valid mortgage.
K.Ravichandren
08 August 2008 at 20:08
In an appeal the Central excise Tribunal dismissed the appeal on the basis of no compliance of its interim order(stay order and to deposit Rs.8,00,000) within the stipulated time. Now what is the next step i should adopt?
For your nutshell the case is:-
Being a job worker i undertake orders from a company. I undertake only a small works of the total finished product. I am clearing assemblies upon payment of excise duty including value of the inputs put by me and in my cost. The company concerned sends me some free inputs for the assembly and i am neither accounting nor taking credit on that and the value of such free inputs or not included on the service charges. The excise authorities sent show cause notice to me mentioning that during the past two years i havenot included the free inputs and demanded excise duty of Rs.15,00,000/- and the penalty of Rs.15,50,000/- under sec 11A(2)CEA, read with Rule 6 of Central Excise Valuation Rules 2000 and for penalties sec 11AB, Sec. 11AC ibid under rule 25 od CE rules 2002. Agreived against i preferred appeal to the Commissinerand they reduced the Penalty to 8,00,000/- and confirmed the rest of the order. Again I preferred appeal in the Tribunal and obtained stay for the operation of the lower order with a direction of depositing Rs.8,00,000/- with in a short period of time and since i could not mobilise i sought further time and even after that time i could not deposit the money and hence my appeal is dismissed. I am financially in a bad position and my other properties are in the bank for loans and the factory concerned also could not run for the past one year. I even though of filing insolvency petition.
This is my position now. Kindly advise me whether i can appeal to another forum - High Court?. Is it possible can i give insolvency for this Central Excise propblem while my properties are in the banks and case is pending in DRT and the bank has right for the first charge over the properties.? Your valuable advice sought
V.Raghavan
08 August 2008 at 19:36
In a matrimonial case(13(1 i-a) H.M. Act. the husband files a dissolution petition on the ground of mental cruelty by the wife and the wife files maintenance case separate;y. In the Dissolution case the wife files an interim application for the interim alimony. In fact the husband is not a permanent job where as the wife possesses property worth of 3 crors and having regular rental income from her properties. But she says she could not maintain her and hence maintenance and interim alimony petitions. Now what are all the ways to avaoid maintenance and interim alimony? Pl suggest. In the interim alimonsy husband side (my side) counter is due by next week.
KANDE VENKATESH GUPTA
08 August 2008 at 18:13
Whether insistence made by the husband to his wife to file a suit for partition of her parental joint family property amounts to cruelty within the meaning of S.498-A of I.P.C.?
KANDE VENKATESH GUPTA
08 August 2008 at 18:13
Whether insistence made by the husband to his wife to file a suit for partition of her parental joint family property amounts to cruelty within the meaning of S.498-A of I.P.C.?
bhuushan bankar
08 August 2008 at 18:11
Needs a judgement on the ground that maternal relatives are not entitled to claim, if also they are the only relatives alive of the deceased and also if these relatives are earning poorly.
bhagwant
08 August 2008 at 16:10
One Tractor with trouly was wrongly parked without parking light or any signal on side of road.
One motor cyclist gave forceful dash to trolly and he himself and pillon rider died on spot.
Offence under which section will be filled against accused, under what section Tractor owner will be charged.
Whether two seperate offences are to be filled, or single.
Mrs.Padmini
08 August 2008 at 15:25
I am a lady aged 46 years. I have been married for more than 25 years.(My wedding date is 24.01.1983) I am a Brahmin married an Indian Christian. Marriage took place in the Registrar Office, Royapettah, Chennai.From the day of marriage I have lived a suffring life with a drunkard(with lots of abuses and domestic harrassments) Due to this habit of his,, we could not continuously live in any place and had to shift our residence more than 25 times. My son and daughter have studied in 4 different schools.We got him treated in TTK De-addiction centre in 1996 but he relapsed to the habit again.As we had to change our living place many times, we could not get Ration Card, Election Card for our family. My children suffer a lot, that too now, as they do not have these ID's.Mainly I donot have any proof to show me as a citizen of India other than my school and college leaving certificates.Literally speaking, in 2000 April, I was in the streets with both my teenage children as agathi without any place to stay or anyone to help us.
Now after we suffering a lot, he is not ready to go out of our house,not ready to give divorce,continuously stays with us torchuring me(mental harrassment).He is employed now, earning nearly Rs.15,000/per month,spends lavishly for himself without giving even a penny to household.He stays freely, uses all household things and abuses all of us.
Due to his drinking, my son suffered from Wheezing for nearly 15 years, I got TB gland in 2000 and still have health problems, my daughter was affected with TB in brain 2 years back.
Now he has stopped drinking may be due to aging or health conditions. He is 52 years old now. Healthy and energitic. Surfing for second shaadi in internet.
When me and my children have suffered so much because of him,that, we have lost respect in friends and relations circle and also in the neighbourhood wherever we live in.,Y should not he pay me atleast for my medication and survival as I am fully dependent on my children for my food, shelter,clothing and medication.
I hereby request, legal help for me in the above and also to get him out of my children's house.
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Defence for Crpc sec 125 and Ipc sec498
Hello! Sir/Mam
Would u please advise me the case filed for above mentioned sections.
I hv to defence my client. The complainant fabricated the Certificate of Marriage. The fact of the matter is that my client never cohabited with the complainant a single day. She filed complaints under abovementioned Sections i.e. Sec 125 crpc and IPC Sec.498. Pl. advise me