30% OFF on all Law Courses until 10th of July. Enroll Now. Use Code: July30
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

Nijaguna Murthy G   15 March 2008 at 19:13

A Case registered under P.C. Act-1988

Sir,
The facts of the case are as under:

Two Deputy Directors (having the same name but initials differs) of a State Govt. Department are working at Two different places in the State. Details are: Their names are A. Ramanna & B. Ramanna respectively.

I- A. RAMANNA’S PARTICULARS:-

1)Name : -A. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Bangalore
4)Year of joining into Service: -1992
5)Promoted as Supdt : -1998
6)Promoted as Asst. Director: -2003
7)Promoted & Presently working as DD at-Bangalore since 2007


II- B. RAMANNA’S PARTICULARS:-

1)Name : -B. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Gulburga
4)Year of joining into Service: -1996
5)Promoted as Supdt : -1999
6)Promoted as Asst. Director: -2004
7)Promoted & Presently working as DD at-Gulburga since 2007

Both A. Ramanna & B. Ramanna were under the scanner of Lokayukta of the State since 2 to 3 months on suspession of possessig assets disprotionate to known source of income.

On a targetted day the Lokayukta Staff conducts raid on the house belonging to B. Ramanna at Bangalore and finds assets disproportionate to B. Ramanna's actual income.The name & initial of B. Ramanna & the address of his Residential House at Bangalore & details of other properties he owns at various localities of Bangalore are properly mentioned in the Source Information Report & FIR.Residential address in the Search warrant of B. Ramanna, DD, is also correctly recorded.

However office he is presently holding is recorded as "Presently working as DD,Bangalore" instead of DD, Gulburga, both in the Source Report & FIR.(Repeatedly mentioned as such for 6 times in the Source Report & FIR).
Further, the search warant(issued by JMFC, Special Court of Bangalore City)in respect of the office of DD is issued says "B. Ramanna, DD, Bangalore" instead of Gulburga. Further there was no search warrant issued against his office at Gulburga. Lokayukta, after learning the fact during the time of raiding his house at Bangalore realizes that his office is at Gulburga & not at Bangalore & hence returns without raiding the DD office, at Bangalore.The case is under investigation by a Dy.SP of Lokayukta, since 3 months.



Now the queries are:
A)Can B. Ramanna file a petition in the High Court of the State seeking squashing of FIR & further proceedings of Lokayukta, on the ground of MISTAKEN IDENTITY & DENIAL OF NATURE JUSTICE? If so, under what Sec. & Acts?? Are there any decided court Judgements of similar case?? (Pl. furnish details)
B)If the judgement is in favour of B. Ramanna, is there any possibility of Lokayukta to file a fresh FIR and conduct/continue proceedings and prosecute B. Ramanna?
C)Can B. Ramanna plead in the court to prove that it is a case of mistaken identity & instead of proceeding against A. Ramanna, Lokayukta have inadvertantly proceeded against him. Can B. Ramanna produce all the relevant documentary evidences which also clearly establishes that even A. Ramanna is also having Disproportionate Assets than his known source of Income & quntum of Assets of A. Ramanna are more than that B. Ramanna??
Since the issue is sensetive, can any body respond early Pl...???
G.N. Murthy.

continue
Abhimanyu Soni   15 March 2008 at 17:10

Bonus act ...........

Dear Sir/Mam,

I have certain queries regarding Bonus.

1. When Bonus Act gets applicable to any co.

2. What is the remedy if employer doesn't pay Bonus

3. Is bonus is paysble to temporaary as well as permanent employees.

4. How Bonus is calculated

Thanks & regards
Abhimanyu Soni



continue
Pooja   11 March 2008 at 13:44

Savings Account

Hi,

My surname has changed after marriage.

I had a PAN No in my name and have a bank account.

Since i was not working -i did not file any returns.

After marriage my surname changed and i got a new pan no.

i have a savings account in my name begore my marriage-i keep depositing money in it.
Can you please let me know the tax libality for teh same.

continue
Arunkumar Mehta   10 March 2008 at 18:28

Carrying on professional activities from residential premises

Whether a C.A. using computers can carry out his professional activities from residential premises. Whether BMC or Electric utility can levy commercial taxes and whether society can object to such user. I belief that there is supreme Court judgement on this point that professional carrying out professional activities from residence is not commercial activities. Give citation of the s.c. judgement.

continue
Imran   10 March 2008 at 16:14

Becoming Co-owner

My brother has pruchased a flat financed through HFC, our mother is a co-owner. I would like to know: a) How do i also become a co-owner? b)What documentation is required and the Stamp Duty payable?

Imran Vora
Mumbai

continue
Varun Jani   09 March 2008 at 23:46

Sale of Agriculture land

I have Agriculture land within municipal area and agreement has been done in the month of March-2008 with old jantry of Gujarat govt.And now jantry will be changed from 1stApril,2008.so our final documents i.e.DASTAVEJ will be done after 2 years from the date of agreement.so what will be the rate OF DASTAVEJ?Whether it is on mention(agreement date) in agreement or date of Dastavej(i.e.after 2 years with new jantry.
So any problem from seller side?and what will be the drawbacks and benefit from it.

continue
Dr Mitu Khurana   08 March 2008 at 11:51

female foeticide

I got married in 2004. Our engagement was held in March 2004.We both were educated and so were all the family members on both sides.
On the third day after my marriage, my mother in law told me that they never liked me, but they agreed to this match only and only because my husband`s age was increasing and no other match was agreeing to him.
During the period that followed our marriage, I was kept under total house arrest. After I came back from hospital (where I was working), I was not even allowed to go to the local market. My husband used to totally ignore me. In addition, whenever he used to talk to me, it used to be to shout at me for some or other reason. In the meantime, my mother in law started demanding a Honda city car, a flat and a permanent place with my father in his company. My husband frequently asked me what has he got from marrying me. Then they would have given much more to their daughter in dowry. They were not satisfied with the car given by my parents in dowry. He even asked that my father should send him a patient for everytime he has sex with me. this demand was also made by my mother in law-who said that I could not lock the door of my bed room at night.
When ever my husband used to abuse me , my mother in law would tell me that I should silently listen to all abuses because I was a women, and in their house women don't speak. She also never allowed me to sit with my husband saying that men are allowed to come to their wives only in the night. My husband was addicted to pornography and spent all his time watching pornography on computer.
I became pregnant in Jan2005. Abuses on me by my husband and my mother in law increased. I developed threatened abortion due to which I was put on strict bed rest. The verbal abuses by my husband continued. He would refuse to take me to the doctor. The refrigerator was shifted downstairs so that I was dependent even for water or food.
Than we came to know that I am carrying twin babies. Then my mother in law started demanding sex determination. They got that done by force. Then they started demanding that I get an M.T.P. my mother in law asked me many times to at least get one child killed in utero. I was kept without food and water. My husband was totally ignoring me and was indulging in watching pornography all the time. When I developed bleeding and threatened abortion, I was not even allowed to call up my parents for medical help. My mother in law told me that 2 daughters would be a big burden on them, and that I should give one of them up for adoption. Or get them aborted, or at least one of them killed. Fights would continue over trivial matters till late in night and then restart in morning. My in laws and husband hardly ever accompanied me for ante natal tests or hospital visits after they came to know I am carrying daughters. My mother did all that. Thrice they tried to kill me or at least get me aborted after which my father brought me back to my parent's home.
My husband would frequently fight with me even in my parents house and despite the fact that I had been put on complete bed rest and was not to be given any mental tension. He demanded D.N.A test because his mother had told him that some priest had told them that he would be father of one son only. As I am carrying two daughters, they cannot be his children.
Despite all this tensions, I delivered two pre term daughters in seventh month of pregnancy. Right after my delivery my husband and in laws left, the hospital and my in laws never visited me for full 9 days. Then my sister in laws , my mother in law, and my father in law came to visit me. One of my aunts congratulated my sisters in law. They said "God forbid, we ever become bhuas of girls again" .my mother in law said "Anyway, they are born in seventh month so they are not going to survive anyway". They did not try to give the hospital bills also , which were paid by my parents.
I tried multiple tim

continue
charu chodha   07 March 2008 at 19:36

section 264

in a case tds amt. was not claimed as no tds was deducted at time of filing return but later on assessee got tds certificete for a/y for which he has filed return.so how it can be cured?time for revised return is expired....

continue
surya   07 March 2008 at 15:24

fringe benefit tax

how can i pay fbt of 4th qtr.within 15th march, where as the quarter ends in 31st of march

continue
LATHA PRASAD   07 March 2008 at 12:06

regarding Legal Scrutiny Report

As such i am advocate newly empaneled in to bank at Bangalore and i want to know what are all the required documents to be scrutiny with respect to CMC,BBMP,and Apartment and which is the authority to give plan and permission for the construction of house or apartment
plz help me

continue


Post a Suggestion for LCI Team
Post a Legal Query