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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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virender mahajan   17 February 2013 at 18:48

Extent of son liability for father debts

Dear respected experts.

I am CA virender working in industry. My father was sole proprietor A class contractor doing liquor business in himachal pradesh from yr 1983 to yr 1998.busines closed in yr 1998.he owed debt to govt as well as private debt for yr 1998.these debts to be paid by my father is pending due to cases pending.this amount very high.there was prospective
Amendment in yr 2004 in hsa act which will not apply .since debt of yr 1998.in this case hindu law applies. My father alive.i am newly married sir. I think my father will unable to pay full debt. I am very afraid about my personal property to be attached and whether i have to go to jail if debt is not paid.i am very afraid pls clarify sir with reasons i am newly maried and salaried pls help.

Sandhya   17 February 2013 at 11:25

Mother name in the school records in andhra pradesh urgent please

Due to mental and physical harassment wife took divorce from court 10 years back, since then husband have not been paying any maintenance either to his wife and son till to-day.

Wife intended to mention her name only in the School records in any other Authorities. wife has no interest at all to mention her husband name.

But School authorities raised objections for enter into their records in the place of father name.

What is the procedure
May i file a suit, if yes please reply with section

I will be waiting for your valuable replies

Aparna   16 February 2013 at 23:10

Procedure for transfer of name

Ours is an old rental/pugdi system building.My tenant wants to transfer and put his wife's name on his shop (which is at present on his name )for personal reasons.
1.So can this be done?
2. Is there a specific procedure for this or can I just transfer and write his wife's name on the new rent receipt?
3.Do landlords normally charge a fee for this?

niky......   16 February 2013 at 20:21

Is legal notice mandatory before someone file a case in court?

Is sending a Legal notice to Defendant(tenant) mandatory before the Plaintiff (owner of flat) file a case in court?
The case is regarding a rented house.

Thanks.

vijay   16 February 2013 at 17:26

Ad valoem fees

A PERSON EXECUTED A SALE DEED ON BEHALF OF A FALSE AND FABRICATED GPA. I HAD TAKEN A LETTER FROM REGISTRAR MENTIONEING THAT NO SUCH GPA IS IN EXISTANCE AND THERE IS NO REGISTERATION OF SAID GPA. I HAVE FILED A SUIT FOR MANDATORY INJUNCTION AND POSSESSION AND CANCELLATION OF SALE DEED EXECUTED ON A FAKE AND FABRICATED GPA. HE HAS FILED APPLICATION UNDER SECTION 7 RULE 11 REGARDING PAYMENT OF AD VALOREM FEES IS REQUIRED TO BE PAID. PLEASE CONFIRM WHETHER AD VALOREM FEES IS REQUIRED TO BE PAID BEFORE START THE CASE. IF COURT DECIDED THE MATTER OF GPA FIRST THEN IT WILL BE PROVED THAT NO SUCH GPA IS IN EXISTANCE AND SALE DEED IS EXECUTED ON FALSE AND FABRICATED GPA. PLEASE GUIDE ME

sahil gupta   16 February 2013 at 12:29

Sell of used motor bike refusing to issue noc

A company (corporate office at Indore) bought three motor bikes from Mr. Atul Rahi, owner of M/s Metal Leopard, a firm dealing in modified motor bikes, cars etc. having office at New Delhi.

The abovesaid bikes were meant to be purchased for purpose of gifting to winners of a contest at Indore, Ujjain, Nanded , held by our company.

1. Work/Purchase Order No. EWDL/0049 dated 17.06.2011, for the value of Rs.1,55,000/- (Rupees One Lac Fifty Five Thousand Only)

Registration No -- DL-4S-BG-7120,
Registration date -- 23.07.2008
Make -- Hero Honda Karizma,
Colour -- Yellow
Year of manufacture -- 2008
Original owner -- Abhishek Singh

the Company paid an amount of Rs.1,55,000/- by way of a cheque bearing No.301290 dated 18.06.2011 issued in favour of “Metal Leopard” towards 100% advance, after deducting applicable TDS and the cheque was duly encashed.

2. Work/Purchase Order No. NTBPL/002 (hereinafter referred to as WO 1) dated 17.06.2011, for the value of Rs.1,55,000/- (Rupees One Lac Fifty Five Thousand Only)

Make -- Hero Honda Karizma,
Year of manufacture -- 2008

Against the above said Work/Purchase order (i.e. WO 1) the Company paid a total amount of Rs. 1,55,000/- by way of a cheque bearing No.182260 dated 18.06.2011 and Cheque no. 182701 dated 12.10.11 issued in favour of “Atul Rahi- Metal Leopard”, after deducting applicable TDS and the cheques were duly encashed.


3. Work/Purchase Order No. UTBPL/0011 (hereinafter referred to as WO 2) dated 17.06.2011, for the value of Rs.1,55,000/- (Rupees One Lac Fifty Five Thousand Only)
Engine No. -- MC38EA8GH00609
Chasis No. -- MBLMR59EBGH00784,
Make -- Hero Honda Karizma,
Year of manufacture -- 2008

Against the above said Work/Purchase order (i.e. WO2), the Company paid you a total amount of Rs.1,55,000/- by way of a cheque bearing No.183588 dated 21.06.2011 and cheque bearing No.234651 dated 12.10.2011 issued in favour of “Metal Leopard” towards 100% advance, after deducting applicable TDS and the cheque were duly encashed


Thereafter Mr. Atul Rahi also submitted invoice No.208, 209, 210 for the value of Rs.1,55,000/- respectively for each of the bike.

After continuous telephonic and written requests, Mr. Atul Rahi did not provide us the required No Objection Certificate.

One of such winners of Bike no. DL-4S-BG-7120 has handed over the Motor bike back to us and we had to pay him money in lieu of compensation on account of non-availability of required documents.

Kindly guide further procedure to transfer the abovesaid three motor bikes to the respective winners/ new buyers after fulfillment of requisite formalities.

Please also guide what action should our company initiate against Mr. Atul Rahi and his firm under various provisions of Law.

virender mahajan   16 February 2013 at 08:34

Liability of son for father febts

Respected experts.
I am ca virender .my father was liquor a class contractor till 1998 .i was less than 18 yrs at that time .but after some years i came to know that he have left govt as well as private debts. I asked my father he refused for debts.sir i am married. My father is alive . I want to know as i am son whether my personal asset will be attached. And if my father unable to pay debt then i will be jailed.pls clarify with ur guidance.my father was sole proprietor

vinod sharma   15 February 2013 at 22:27

Both remedies u/s 6 & 5 of specific relief act can be demand in one suit

Respected sir,
Can plaintiff demand both remedies, one u/s 6 of specific relief act
for possession of the suit property on the allegation that the
defendants dispossessed him from the suit property within 6 months
prior to the date of the suit and second u/s 5 of specific relief act
as an alternative relief for possession on the basis of his title in
one and same suit ?

if no then please suggest me supreme court case law.
thanks.

Ankit Jain   15 February 2013 at 20:33

Status

What is the difference between status of MAHANT and Sarvarakar

sembaianathan.k   15 February 2013 at 19:06

Under value registration of property

Dear Sir,
Is there any way to execute a sale deed below the guideline value and stamp paper(below the GLR) only for the amount received as the GLR is highly inappropriate for that property.
Thanks in advance.