Bhanu U S Minhas Advocate
07 January 2011 at 18:12
Dear Experts,
I have filed a complaint U/S 138 of NI Act it is now at arguments stage. Tenant has issued cheque to land lord which was bounced due to insufficiency of funds notice was served to the tenant and complaint was filed Counsel for accused has raised point in arguments that the notice was not mentioned in complaint. it is correct but the same was mentioned in the affidavit filed with complaint and copy of notice and acknowledgment was exhibited.Now the JMIC is asking for law on this error.please help me with some case law and i would like to know that can he dismiss the complaint on this ground that the notice was not mentioned in complaint
jmp
07 January 2011 at 13:42
When bank sell mortgaged property of borrower on account of default makes sale deed and purchaser pays stamp duty on registration deed but whether any deemed sale can be treated between borrower and bank for levy of stamp duty? if yes who is liable to pay stamp duty? Borrower or bank or purchaser?
Question is for Gujarat State
A.R.Mukundan
07 January 2011 at 10:06
Hi
A Company comes into existence when it is being issued a certificate of incorporation to that effect.
A partnership firm is registered with a deed.
1.How a Sole Proprietary Concern come into existence?
2.Which is the authority or regulatory body handling such things?
pl. Clarify
Regards
Anil Kr Garg
06 January 2011 at 10:05
Kindly advise whether the law of limiation (3 yrs) also applies to Govt dues. I have 2 specific issues:-
(1) Municipal Corpn issues notice for property tax from beginning (12 yrs) for my factory land. I'd paid taxes till 2 yrs ago but 've misplaced file as factory is closed for 2 yrs and there is no staff. They want me to prove that taxes were paid or pay all taxes from allotment of land 12 yrs ago. If limitation is applicable, they cannot demand more than 3 yrs taxes. Pls advise.
(2) When Industrial land was allotted, my business was an SSI unit and hence, Premium applicable to SSI units was charged. 10 yrs ago, we became medium scale and cancelled SSI registration. When I am selling factory land, DIC today demands difference of land premium between SSI and medium scale applicable in year 2000 today. They never wrote to me on the subject till today. If limitation is applicable, they cannot demand the amount now. Pls advise.
Thanking you,
nishad
05 January 2011 at 22:01
Dear Experts,
Can anyone help me get a copy of the assignment agreement used for importing gold to india.I mean the ones used by Banks in India
Regards,
Nishad Davis
Deepak
05 January 2011 at 08:23
Dear Mr. M. V. Gupta:
I had posted this querry on Dec 28, 2010-
I live in Delhi and have received a GPA from my mother from abroad. Do I need to take any further steps in India. I have been told by someone that I need to pay stamp duty on this document about which I don't have any idea what it is and how to do it, where to go and who does this?
Can someone please advise me what is the process of Power of Attorney from abroad.
Beisdes other repllies, one Expert
Mr. M V Gupta gave the following reply-
"In continuation of my reply dt.29-12-2010, I would like add that any POA executed outside India should be signed in the presence of the Charge de Affaires of India and attested by him. This is mandatory. Pl check if the GPA received by you from your mother from abraod has been attested by the Charge D Affaires of India."
Now I have this question from Mr. Gupta-
There is no Indian High Commission or Embassy in the place where my mother lives. However, there is a Consulate of India and they do not witness any documents. All they do is put a stamp on the documents which says that the document had been seen by the Consulate, basically meaning that it is authentic. What I have been told is to get it prepared and witnessed by a Notary Public in that city. Please advise me what to do, Thanks!
nishad
05 October 2010 at 22:55
I have case to discuss with our honb'le members..
A loan on the strength of the EM turned into NPA.A civil suit was filed as the cliam amount was less than 10 lacs.In the plaint,the advocate omitted mentioning the scheduled secured property and also omitted to mention as regarding the EM of the secured property in the account.When the decree came out it was in the nature of money decree and not as Mortgage decree.
Now what are our options to enforce the mortgage?
One option is to attach the said property at the stage of Execution ,but if the property is already sold before,then we are at loss.
Is it possible to file a fresh Mortgage suit for the same account? or please advise appropriate proceedings
Ajay
02 October 2010 at 23:57
I have taken a loan of Rs1 crore from bank and paid 25 lac as principle amount remaining 75 lac is to be paid.Bank has issued me notice under section 13(2) and demanded entire amount of Rs1 crore instead of balance payable to them.Whether notice valid in law or they have to follow it again by issuing another notice demanding only remaining amount.
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Can a Recovery Officer of the DRT release one of the items of secured property out of many mortgaged to the bank u/r Rule 66 of the second schedule of the IT Act.Does he/she has the powers to do the same with out the interference of PO
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