Anonymous
10 July 2010 at 22:18
Dear Sir,
My Brother has filed the Application under section 9 of Hindu Marriage Act for restitution of conjugal rights against his wife who has deserted him for last couple of months
The District court has admitted his application and issued summons to his wife
Thereafter my brother's wife has approached to the Legal Service Committee for legal aid
The Legal Service Committee has issued letter to my bother and asked him to appear before it for settlement of dispute
Please inform
1whether he is bound to appear before the Legal service Committee?
2Since the matter is already pending before the District Court and my brother wife already received the summon from the District court and she has approached Legal Service Committee for Legal Aid
What will be the effect if my brother doesn't appear before the Legal Service Committee ?
Regards
Anonymous
10 July 2010 at 22:17
Dear Sir,
My Brother has filed the Application under section 9 of Hindu Marriage Act for restitution of conjugal rights against his wife who has deserted him for last couple of months
The District court has admitted his application and issued summons to his wife
Thereafter my brother's wife has approached to the Legal Service Committee for legal aid
The Legal Service Committee has issued letter to my bother and asked him to appear before it for settlement of dispute
Please inform
1whether he is bound to appear before the Legal service Committee?
2Since the matter is already pending before the District Court and my brother wife already received the summon from the District court and she has approached Legal Service Committee for Legal Aid
What will be the effect if my brother doesn't appear before the Legal Service Committee ?
Regards
Mohammed Vaid
10 July 2010 at 21:43
We are living in a redevelopment building where upto 7 floors old tenants are living and beyond 7th floot to 17th floor new purchase tenants are living. We have paid our stamp duty and also done the registration of our homes and all are having owned houses.
Our builder had not paid Assessment Tax till date and it had accumulated to around 49 lacs. Also he had not taken the Occupancy Certificate from BMC. Now he is emphasizing us to form a society and resgister the same under Housing soceity law.
We are having following queries: -
1. In such situation should we form and register the society and take all expenses and incomes in our hands?
2. Is the previous liablity of Assessment Tax will be thrown on us after formation of soceity?
3. Is there any way to acquire OC from BMC on our own?
4. What are the other threats which we would face after registring the soceity?
Kindly suggest.
Anonymous
10 July 2010 at 21:39
During the pendency of the suit in trial court , High Court and Criminal Court , the Defendants who were set free on Bail have executed the sale deeds.
The trial court had given status quo order.
And the matter was pending in the High Court and there has been a transaction between the defendant and a new person.
1. Is it necessary that new person should be made a necessary party.
2. the Defendant has confessed that they did sell the property which was under pending before the high court and say that they have every right to enjoy the property. what should be the further step towards such a deliberate act of the defendants and they openly claiming that they have every right to enjoy the property inspite of the status quo order of the trial court and the stay in High court.
Anonymous
10 July 2010 at 20:46
Resp. all experts lawyers
A very confusing situation has arised in my case when I went to file the after expiry of notice period in the court. The hon`ble magistrate refused to file the case on the ground that payer has his office & bank at DELHI so case will be filed at DELHI.
In my case , I paid Rs. 2.00 lac to bulder from my FARIDABAD ACCOUNT & CHEQUE given to me was also bounced at my bank at FARIDABAD. I sent demand notice to builder from my FARIDABAD residence through lawyer.
Hon`ble magistrate is using the decision of some case of 2001 which was given in the favour of accused on the basis of fling wrong jurisdiction of applicant which was same as in my case.
I went to my builder and taken new cheque but now, I am very much confused regarding place of filing court in future. The cheque is in the name of MY WIFE & she cannot go DELHI on dates for facing the case.
PLEASE ADVICE ME WITH FULL RULING OF SUPREME COURT REGARDIND APPROPIRATE JURISDICTION FOR FILING CASE u/s 138 INA.
With high regards
Anonymous
10 July 2010 at 20:29
give me details abt suit for declaration.is it possible in given case.one property was taken by deceased andhe has died intestate. it was mutated in favour of deceased wife by 2 sons and one daughter .now deceased wife gifted it in favour of one of the son who earlier relinquished it in her favour now the property is also in possesion of one of the son who has already relinquished his share in favour of his mother nw he is not ready 2 vacate the property and he has also created third party interest. tel me any speedy way of getting the property vacated? should we move 2 high court directly?under specific relief we have 2 file or any other???
S.D. Singh
10 July 2010 at 19:55
Facts : Govt. authority came to know about its forged certificate. He issued notice to user/ beneficiary of such notice such user informed the Deptt. that the forged certificate was provided to him by his acctt. He also informed that original certificate has been destroyed by the acctt. But the Govt. deptt. filed FIR u/s 420/467/468/471 against the user and accountant. After that user also filed FIR against his acctt. i his city. In the FIR of user FR was filed by police and same was accepted by the Hon,ble court. But later on the Govt. FIR charge sheet was filed against accountant only.
Please advice what remedies are now available to acctt. from charge sheet of Govt. FIR when in one FIR he was discharged by the court.
Anonymous
10 July 2010 at 19:47
father purchased a property, after some years transferred it to my mother. After his death my mother has nominated my younger brother without my consent. What are my rights as legal heir.
Rema
10 July 2010 at 19:22
In a composite works contract executed in the year 2006-07, the Contractor, here the service provider has given the entire labour portion to a sub-contractor. To him his Taxable Service value is equal to the sub-contract labour paid plus Gross Profit. He computed the Turnover in that manner and submitted ST return. The VAT payment was made for the whole contract by Compounding method at concessional rate of tax under the state VAT Act. During the period, the Service Tax was paid under the head "Installation errection .... " at the relevent full rate of tax. The works contract compounding method under Service Tax was not introduced during 2006-07.
With respect to the Service portion, the entire labour has been given to one subcontrator. That means the service portion is known.
Now Show-cause notice has been given to pay service tax on the entire turnover on 33% of the total receipt at the rate applicable to the relevant years. Was he right when he paid tax on the Service portion only and VAT payment was made on the entire turnover?
One important point here is, in the Show cause notice hearins stage he could produce the Material transfer Invoices and service charge invoices for the contracts .If so, is he eligible for exemption on the material transfer value on the basis of Exemption circular under Service Tax?
Rema
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Enrolment with bar council
A friend of mine is doing law. He is in finalyear(III) and want to be a practising lawyer.
Before getting admission in law course (regular) he was doing business as proprietor. After getting admission, he moved to place of institution but the business was looked after for six-seven months by his father. Afterwards he closed his business. Now he is worried that will he be able to get himself enrolled with bar council because as part of enrollment, he will have to give an undertaking about the actuall facts.
Does the facts hamper his enrolment or he can get himself enrolled as an advocate with bar council by true statement of facts? Please site if any case laws in this regard.