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Anonymous   08 June 2011 at 00:20

ITA No.1115 of 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI
ITA No.1115 of 2009 with ITA No.1122 of 2009
Reserved On: May 18, 2011.
Pronounced On: June 03, 2011.
ITA No.1115 of 2009

COMMISSIONER OF INCOME TAX . . . Appellant
through : Ms. Prem Lata Bansal, Sr. Advocate with Mr. Deepak Anand, Advocate.
VERSUS
SHRI MUKESH LUTHRA . . .Respondent
through: Mr. Ajay Vohra with Ms. Kavita Jha and Mr. Somnath Shukla, Advocates.

ITA No.1122 of 2009
COMMISSIONER OF INCOME TAX . . . Appellant
through : Ms. Prem Lata Bansal, Sr. Advocate with Mr. Deepak Anand, Advocate.
VERSUS
SHRI MUKESH LUTHRA . . .Respondent
through: Mr. Ajay Vohra with Ms. Kavita Jha and Mr. Somnath Shukla, Advocates.

(ITA No.1122 of 2009 & ITA No.1115 of 2009) So both the case are mergerd or what actually it is as i have seen in criminal cases also that both the no are merged why? Becuase 2 times appleant & respondent has been written.

Thank U.

Chetan Pardakhe   07 June 2011 at 21:06

Addition of Party

That in the plaintiff fied suit for permanent injunction whereas the defendant filed counter cliam against the defendant for vacating the encroachment made over his plot

Meanwhicle the suit is fixed for ISSUES but the plaintiff had let out the house to the another person and the defendant had also issued the notice and intimate him to vacate the plot whereas the suit is pending but the another person did not vacate

My query is whether he has to add as a party as one of the plaitniff in this suit ?

Pls guide in whcih side he has to add as aparty I a for defendant and filed cournter claim?

Pls proviede any citation

BAALASUBRAMANNYAMM   07 June 2011 at 18:10

Clarification on Registered Lease/Rental Deed

Respected Experts, Plz. Suggest me.

“The Owner of a commercial space wants to sell the property to some buyers. The said premises have already been given for lease to Third Party wherein a Registered Lease Deed was existing. The proposed purchaser is also agreed to continue the same tenant.

We want to have a clarification with regard to registered Lease Deed.

(1) Whether the existing lease deed can be cancelled and a fresh lease deed to be executed or not, in case if we want to continue him as tenant and also for demanding/ receiving the regular rents.

(2) We came to know that there is no necessity to cancel the deed, only for the purpose of receiving/demanding rents from the tenant, a letter of authorization (Triparty Agreement on Rs.100/- stamp paper) from the existing Lessor and Lessee is enough for the above said purpose.

(3) So if we accept for the above Sl.NO.2 option, can we vacate the tenant on the basis letter of authorization, in case, if the tenant is a defaulter of rents?


Ravikant Soni   07 June 2011 at 15:27

survivorship

Dear experts,
I need a correct definition of "survivorship".
Plz answer the post with correct position of law and with help of refereces.

Sameer   07 June 2011 at 12:55

Unregistered Society Can Sue Or Not

Hon Members,
Can unregistered society sue someone on the proposed name,if no then please send me the recent case laws of that.

Anonymous   07 June 2011 at 12:02

Legal clarifications

1. Whether the following questions at () and (b) falls within the ambit of law?

(a) What is the purpose of filing a change report?
(b) Do you know the importance of Schedule

2. The documents exhibited, is it absolutely necessary to prove during cross examination?

3 . Can Judicial officer overrule a particular question from the documents put
before the Witness?

4. Is it necessary to prove all the documents?

Your answer to the above is solicited.

"Not willing to modify, but preferred to withdraw"
for the knowledge of the member even thought the above is absolutely academic. Hope nothing wrong approaching the forum.


Dr. C. Satyajit Rao   07 June 2011 at 07:04

Family property sucession

We belong to Hindu religion and are Andhra pradesh
My Father married my mother Subbalakshmi in 1960, and bore four children, two boys and two girls. My mother died in 1999 and my father married again in 2000 to a divorcee smt Dhanalaksmi.
My Father’s second wife is a divorcee having a son from her previous husband, who is already working and married
My father died of natural death in May 2011 without leaving a Will.
My elder sister got married in 1980 and younger sister got married in 1989.
My Father has a house and a land on his name. He made the present property by selling our ancestral property and from his personal savings.
My father has legally authorized to get his Air force Pension after his death to his second wife smt Dhanalakshmi.
Questions:
What will be the share of property for each of the children from first wife and what will be the share of the second wife?
Whether both daughters are eligible for a share in the property. (Andhra Pradesh Hindu succession act says, those daughters got married before 1985 are not eligible to get parental property) . My elder sister who got married in 1980 is eligible to get a share in the property.
Kindly advise the property division among the my father’s second wife and the children of the fist wife.
Thanking you

Anonymous   07 June 2011 at 03:26

child adoption

i was a divorcee with a girl child. i gave my daughter in adoption when she was 8 years old to a second man whom i was going to marry .i married this second man and now i have realized that he is beating her,and abusing for small reasons.is there any way i can cancell this adoption and then i divorce him, because i dont feel safe for my daughter. i live abroad with my family. i have safety order from the govt. in dublin. adoption took place in india. i have all the copies of adoption deed. can u please answere my ????

Anonymous   06 June 2011 at 21:48

limitation

the plaintiff has filed a suit for recovery of money against the defendant,the defendant is complainant in a case filed u/s 138 NI act,the criminal case has taken more than 3 years for disposal, ultimately the plaintiff herein and accused in the criminal case was acquitted. the plaintiff/accused filed the present civil case for recovery of money against the defendant/complainant with in one year from the date of disposal of the criminal case, IS THE PERIOD TAKEN IN CRIMINAL PROCEEDINGS TO SAVE THE LIMITATION IN FILING THE CIVIL SUIT,if yes, is there any citation, please quote, is the citation of AIR 2000 SC 2023 is relevant,the relevant senior judge is not accepting the citation because the word of criminal court proceedings are not used in the said citation for numbering the suit, please advise

Chetan Pardakhe   06 June 2011 at 21:41

Forged Signature in Plaint

That in the PArtition suit 2 plaintiffs are resided at Canada, the other plaintiffs had mentioned their name in a plaint & thereby their signature has been made on vakilpatra and on plaint...

the defendant had asked the plaintiff (Canada) about their singature and filing of plaint through E-mail and they told that neither they had signed any vakilpatra nor on plaint.

My query is what to do ?
whetther the O7 R 11 is sufficient or any relief pls suggest.........