pratik
31 July 2010 at 00:06
1)Article 17(2): No one shall be arbitrarily deprived of his property.
So if the indian consitution of india says the abve mentioned than while the other act or rules or code says that if the tax or any duities which is revenue as per the goverment whether state or central goverment. The house or land or any immovable property of the person who has not paid the dues is been attached & the than if the circumstanes arise the attached property are sold in auction WHY ?
2)As per the doctrine of pious obligation it has been said that the dues of the father after the amend act 2005 hind law the son or grant son or great grand son are not liable to pay the dues or no courts or law can pass the order to pay the father's dues than why the other act example income tax act, 1961 says that if the assessee dies than the dues of that assessee should be paid by the heir of the assessee WHY ?
Thanks In advance.
Anonymous
30 July 2010 at 23:39
My father got trapped in phishing mail and loss a huge sum of money of its own and even arrange a person who invest in that scheme and given the money on the condition that he will take return when money will be credited in my father account, but the money lender had taken some cheques from my father. there is no other document which shows that my father had taken the money except the cheques. Now money lender is asking for the money and threatning for cheque bounce case. My father doesnt have any money of its own except the monthly pension. My father is joint owner of a property with me and my mother. The said property is currently in loan which is taken by me . me and my mother only came to know about my father deeds only when money lender came to our house. Please suggest whether i am liable to pay the money that my father had taken, what are the cases will be charged against my father, whether my property can be attached. what remedies should i take before money lender sue my father.I have just started my career and don't want to loose my property at any cost
Anonymous
30 July 2010 at 21:46
SIR,USING BLADE BY ONE TO INJURE OTHER COMES UNDER CRIMINAL LAW OR CIVIL LAW???
Anonymous
30 July 2010 at 21:20
Police has recorded FIR on offenses under Section 325 & 326 I.P.C. Is it not necessary to produce the documents before
the Magistrate to analyze the gravity of the offenses. What order would be passed
if the court comes to the conclusion the offenses are serious. What would be the impact on the accused.
Anonymous
30 July 2010 at 21:17
Dear Member of LCI,
I need sincere advice on the current problem of mine.I work in Roorkee as a faculty holding decent salary and hold a Phd too since 2001.I was married Hindu tradition arranged marriage in 2005.The girl only daughter was an Engg graduate passed out in 2001.My wife never was employed till her marriage.After marriage her parents came all the way and settled the fsamily life by going over with her and stayed three weeks with me.I tried giving her all comforts happily and was happy too.I got her a job in my place of work also for her,But she worked for only few months and stopped in 2006 itself.My parent and,my only sister never visited me since my marriage till date after 2005.My wife wanted me to cut all my relationship with my people and same with her parents.She conceived in Sept,2006 and during routine Medical check up at Roorkee within 6 weeks they found on ultra sound exam the fetus did not have life and suggested abortion ,with her consent.It was termed as Missed abortion.I informed her parents of this .They came and took the girl home.They did not make any complaint at that time to any one.She came came back lived with me and once again conceived in Dec 2008.Her parents took her home in 6 weeks of conception.On examining at their native place in January 2009,once again in 9 weeks of pregnency the Drs found no life in fetus and with the consent of the parents and girl it was removed by DNC.They had sent the aborted fetus for analysis to find mismatching of RH factor between the couple.When the abortion took place in her native place,I was away in USA.She returned back to Roorkee to live again with me in April 2009 last .But no complaint to any one at any time on Harassment.She accompanied me to Canada for three months when I went on official work which I funded and enjoyed the stay and had site seeing also.
But suddenly in January 2010 her father came to Roorkee on a Friday late at night to take her back for some function.The vey next day,Saturday, both my wife and her father without telling or indicating anything or to any one,they had given a well prepared typed complaint against me of Dowry Harassment to the DSP of Haridwar district head Qrs.and returned back to my place.But showed no signs of their plans.Next day Sunday,they personally went made police complaint to Roorkee police statio under dowry harassment,when I was away in my office.Sunday eveig I was summoned to Police station to be told which was a surprise that I was charged under IPC section 498/A,313,323 and 506,and put in Jail for forty five days (11th Jan ,2010 to 22nd Feb,2010).My bail appication was refused at District court.TheN I moved bail application at Nainithaal High court got unconditional bail.I waa under suspension for the period of jail.Now i am back in job.The police has filed their final chage sheet to the court,but I am yet to get the summon.
After keeping me in Jail, my wife and her father emptied my house packing all her belongings and left Roorkee very next day of my arrest,including opening the Bank locker which we jointly hold as either or survivor,with all her jewels,including the house key and locker key.They also tried by paying good money arrest my parents and sister,who had nothing to do ,but they spent money got stay against arrest from High court of Nainithaal.
All their stuff were sent by a transport company.
Now after two months they filed divorce petition in March at their native place in South.The case is under adjournment as I sought time to reply their affidavit.In the mean time thay have filed yet another petition demanding interim maitanance of Rs.10,000 a month.
I have all documents to prove all their allegations are falso.Telephone bills of last four years of my house,out of Rs 15000/- total her calls to her parents are Rs.12500/-.I have all her email correspondence and transfer of money to her amounting to more than one lakhs,and no record to show that either she or her parents gave money as they had not done.She had even erased all things photos correspondences from my laptop and destrooyed all evidences which might go against her,from my Laptop.But I had back ups which I could recover.I have even all medical record where in bith times it has been said as Blighted ovem,Missed abortion,which is not killing of a child.
I am in a quandary as to what should I do.Can she insist on Interim Maitenance ,when Criminal case is yet to be proved and divorce case yet to be heard.
Kindly advise.I am a st.forward poor teacher .They only seem to be interested in money and harassing me.Should I engage a Lawyer at Roorkee if the case come for hearing and I am summoned.Thanks
Krishnan
Thanks Sir
shashank
30 July 2010 at 19:43
My father has made an agreement of selling a property with a party with a small token amount showing a spacific last date for registration which is due to come, but there is nothing written about break up of the deal. Now if we wait for the last date to pass by without registration then after that date, would the agreement break automatically or there are some legal proceedings needed for the same?
sampat mane
30 July 2010 at 19:26
We 84 members are trying, since last 2 years, to form a co-opeative housing society.
The buider has not done the same but he was charging the money against property tax & maintenance charges.
We refused paying him since last 1 year when we found that the builder is not paying the Property Tax and charging higher maintenance.
A committee of 10 members came forward with a support of 74 members & passed resolution for the same.
The builder had sent the notice to all the committee members that they cannot do so as per the sale purchase Agreement because the work is incomplete (He was planning to build 5 wings but only got approval of 2 & later abandoned the plan. Now he is trying to rebuild)
But we went ahead & we managed to open a bank account in society Name & started collecting maintenance charges to pay off the pending Property Tax, Light/Water bills.
The builder also has filed a ceveat in the court.
Can someone advise what is the outcome of that effect?
We have proceeded for the registration of the society & have also got go ahead to open a bank account in the society's name. We have deposited the share money in that account.
Please advise on the ramifications at the earliest.
Thanks
Anonymous
30 July 2010 at 19:10
Pl. advice if there can be more than one executioner for the WILL as we want to appoint both the daughters as executioner for our joint WILL. We have been told that couple can make a joint WILL.
Awaiting advice of experts in this critical matter.
vivek
30 July 2010 at 18:47
Whether Stamp Duty & Filing Fees for issue of Share capital in subsequent years can be claimed as deduction under section 35 D i.e 1/5 th every year including the year of Expenditure incurred.
Which is treated as Capital Expenditure for Tax Computation.
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law answerable question
If any act or section says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in any section or act.
Eg: income tax act, 1961 if any Section xyz section says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in the transfer of property act. & & If the transfer of property act says notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary under the income tax act, 1961 to the partly sections which are related to both than my question is which notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary should be followed. If possible any case laws or sections.
EG : if one section & the act says the property should not be attached notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary in the transfer of poperty act & the opposite sides the section under the transfer of property act says that notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary the property should be attached than what to do which notwithstanding or notwithstanding any thing contained or notwithstanding contract to the contrary should be applied.
Thanks In Advance.