Anonymous
26 January 2012 at 15:43
I am a Junior Advocate. pls reply sir.
I was appointed as Local counsel on behalf of my Company at Vijayawada.
My Company gave Vakalat and appointment letter to me. kept sign at Coimbatore on vakalat.
My Queries are:
1. Is to file Vakalat in consumer court as per Consumer protection act.
2. If i file only Appointment letter into the Consumer court to argue, and defend the matter, is it accept as per consumer act.
3. If company sign on vakalat form at Coimbatore and attested there consumer court will consider at vijayawada or rect
4. if company sign on vakalat at coimbatore and if attested in vijayawada is accepted by the consumer court at vijayawada or refused.
please reply urgent.
Thank u all experts in advance
Altaf Batliwala
26 January 2012 at 14:11
I had filed an application under Section 41[A] of Bombay Public Trust Act,1950, to give direction to the Trustees to maintain the Books of Account, submit Audited Balance Sheet, conduct General Body Meeting, maintain the property of the said Trust. The OPs were sent Notices but there was no response for continuous 3 hearings and hence in the last hearing the Asst. Charity Comm. gave Orders that the case to proceed Ex-Party and Ex-Party Orders to appoint me as Trustee were supposed to be given in the Next Hearing. But in the next hearing an Advocate appeared for the OPs and sought a hearing date. Pls guide,
1) Whether the case can still proceed Ex-
Party
2) Whether the Asst. Charity Comm. can
still give Ex-Party Orders.
3) Whether the Asst. Charity Comm. can
give any time bound Order to OPs to
maintain the Books of Account, submit
Audited Balance Sheet, conduct General
Body Meeting, maintain the property of
the said Trust.
4) Any other orders.
Anonymous
26 January 2012 at 00:09
A execute a sale deed in favour of B but unfortunately A could not provide the possetion to B due to some family dispute on this B filed suit for possention against A where they settled the matter in the mediation cell delhi according to which they agreed to cancell the said sale transaction A returned the sale price to B and the concerned court directed the registrar concerned to cancell the sale deed on applying through A
Now my question is whether stamp duty paid under this sale deed can be refunded if yes under which procedure.
Anonymous
25 January 2012 at 20:33
Dear Sir,
We are two sister no brother. My elder sister is advocate and got married in 1998 of that wedlock she has a son who is with her and is 10yrs old. She got divorced in the ys 2005. In 2009 she got married again and her son with us ( means Nani house ).
Now she again not settled their and come back.
Now by cheating she transfers the mother’s property the name of his son.
Now younger sister need her share. So what she will do in this case so that younger sister will get her share.
Regards
Anonymous
25 January 2012 at 18:58
My client had leased out a mulgi to one person and he had paid some amount as security deposit returnable after the expiry of lease. now the tenant has sublet the premises to some one else without the consent of the landlord. In the meantime the tenant has sent a legal notice stating that he is ready to vacate the premises provided the security deposit is returned to him my client sent a reply notice stating that he is ready to return the amount after adjusting the amount due towards the rent due from him. inspite of this he has not come forward to vacate the premises. in the meanwhile the subtenant says he wants to pay the rent directly to my client since when he took the mulgi on lease he was not aware that my client was the actual owner. my query is should i file a suit for recovery of possession based on the letter written by the tenant and what should my client do with the offer of the subtenant should he accept the rent from him. can you also tell me what to do if the matter falls under the rent control act the property is situated in hyderabad and ap rent control act will apply since the rent if Rs.2000/- where as the subtenant is paying Rs. 11000/-
Member (Account Deleted)
25 January 2012 at 18:50
For a General Body Meeting of the Flat owners welfare Society(25 Flats) can a owner authorise his representative to attend along with the voting rights? It is registered with Registrar of Society , Hyderabad.AP.
There are only six owner resident members prent in the apartment. In one flat the owner is represented by the father(the son does not live here)& another one is represented by his wife.How many are required to fill the quorum? Can those proxies with voting rights be counted?
Anonymous
25 January 2012 at 17:43
Hi all, "A" is a Govt of India enterprise has obtained judgment and decree in a money suit against "B" in a District court, subsequelntly E.P is filed for attachement of immoveable property of "B".
"C" is a Private Bank (ING), has filed a case before the Debt Recovery Tibuanal(DRT) against "B" referred above for Recovery of Money under Mortagage of same Immoveable Property of "B" as "B" deposited the title deeds of the said property with "C" bank, and the said Case was ended in faovr of "C" Bank Ex parte and as on date whereabouts of "B" i.e Jdr in both the aforesaid cases is not known.
While matter stood thus though "A" filed E.P for attachment of property of "B" stated above, "A" could not attached the same at earliest point of time and as on date the said E.P is Pending.
Meanwhile "A" came to know through paper publication issued by "C" bank for conducting the open auction of said property of "B" on a particular date and prior to the auction date mentioned in the paper publication, "A" govt enterprise filed Claim Petition before the Recovery Officer, Debt Recovery Tribunal, for reatable distribution of the auction amount to it, though the First charge over the property of "B" is lying with the "C" bank. Now My question is
Whether the claim petitioner "A"i.e the Govt of India Enterprise is entitiled for Ratable Distribution as contemplated under Section 73 of C.P.C in the auction amount to be received by the "C" bannk, since no surplus amount is available after adjusting claim of "C" bank.
Whether C.P.C is applicable to the aforesaid Proceedings for ratable distribution?
Krishnaraj
25 January 2012 at 15:32
Dear Experts,
Kindly help...
My Father in law was running a POINT TO POINT BUS service till last year, However he has TOURIST PERMIT with him. He was suffering from lot of health problems in last many years. about one month back i have noticed a Judgement order in the table which was issued by Assistant Commissioner of Central Excise, Service tax dept.
This order says, Since you have not replied to any of the SHOWCAUSE notice sent you, We assume that you run a TOURIST Vechile and you will be liable to pay the Tax of Over ONE LAC along with 13% interest + daily interest which will be approx 2 lacs altogether. This also says you can file a Appeal against this order within 3 months. In regard to this when I went to the service tax dept where this notice was issued If you can prove that, You were rendering POINT TO POINT service then the Commissioner may consider your case and may exempt you from paying the tax.
HOWEVER, what is more alarming is that, SP of service tax dept told me, this is the 3rd judgement order he has received so far. & in the previous 2 orders the out standing balance need to be paid is Rs-23 lacs and Rs-28 lacs together Rs-51 lacs in addition with interest for last 5-6 years the total balance would be more than ONE CRORE to be paid to the service tax dept.
The SP, also said that yours is VERY Genuine case and you dont deserve to pay the service tax since you come under point to point service, but you have arrived at this position today due to negligence and for ignoring the Showcause notice etc. He also advised me to prove with the commissioner that you were rendering point to point service for the 3rd judgement order.
I would like to know,
1) what will happen If we fails to convince the Commissioner that He was running a bus with Point to point service and hence he will be exempted to pay the service tax.
2) What is the status of those 2 orders ? will the Dept. ATTACH any of the property belongs to my father in law ?
3) will the Dept. ATTACH any of the property where his Wife is the owner ?
4) will the Dept. Attach the property which belongs to his children who are now married and leading separate life with their spouse.
5) He has got ONE LAND, Shares, Bank FD & a CAR. and his Wife has got a HOUSE, FD & Shares in her name. Childrens have their own property. HOW BEST CAN WE PROTECT This.
PLEASE ADVICE and HELP ME.
Anonymous
25 January 2012 at 15:30
Dear Experts,
I am kanika from Bangalore. I got marriage in 1998 by intercast marriage , and also I am government employee, my father has a above 15 acre of land in his name before 2005, this land my father got by joint family property share. My father brothers also got share in this lands when my father got share. In 9/6/2004 my father gave all property to my brother name by Registration deed. When my father decide to give all property to my brother, as a daughter I ask to my father to my share. But my father refuge to gave my share in property and he says you don’t have any rights in property ?Now I understand the property rights for daughter reading some news and articles.
Now my question is,
1.I have property rights in Karnataka or not?
2.We are four daughter and one son for my father, another three daughter were married in 1977,1984,1989 and son was married in 1993. How much share we have all daughters?
3.I got married by intercast person, this will create any problem for my share in property, if I going to approach court?
4.If I decide to approach court alone, it is possible or not ?
5.I am a govt employee, I want to file the suit for share , this will any problem for my govt job?
6.My father passed away in 2008. When my father passed away in 2008, my brother sold some part of the property, this will get back or not?
7.When my father passed away in 2008, after that daughter were loose the property rights are not?
Please give me good advise.
Kanika
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