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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   21 June 2010 at 08:16

Transfer of Father's Flat in my name

My Father owns a flat in Greater NOIDA. He is a retired senior citizen. He is receiving rental income from that flat which he is showing in his ITR.
My father wants to transfer this flat in my name. I am a tax payer and own a flat in Mohali which I am showing as self occupied in my ITR while claiming interest on loan rebate.
Which is the best way of transfering the flat in my name i.e by way of gift or some other way?
What will be the implications if the flat is transfered in my name with regard to
- Gift Tax
-Income Tax
-Clubbing of income if my father continues to receive the rent from Greater NOIDA flat
-Capital Gain & its exemptions in case I sell any of the two flats at a later date.

Jagadeesh Kumar V   21 June 2010 at 08:14

MV act

whether any bar in law to carry passenger/agricultural employees in tractor/trailer? if carry passenger what is effect if accident occurred.

Anonymous   21 June 2010 at 07:13

Notice in 138 case

I filed 138 case against one "Y" and he is purposely evading service of private notice sent through registered post. All notices returns as not claimed.

What is the next step or procedure ?

Can substituted service be ordered?

varun gupta   21 June 2010 at 06:33

civil

where should i find civil terms which is in urdu.urdu words are not so easy to crack in civil cases.so where should i know the meaning of the urdu terms.

pratik   21 June 2010 at 02:08

Randhir Singh Rana vs State (delhi Administration) 1997 - 00

I think that experts can proved to a friend atleast the leow mentioned details.

1) Meaning of vindictive & punitive damages & there difference between.

2) Pls Pls Provided me with the case law on Randhir Singh Rana vs State (delhi Administration) 1997 - 001 - Supreme Court - 0278 - SC.(It is regarding cognizance of any offence.)

3) Explain me the difference between Cognizable & Cognizance. (any notes, examples, case laws.)

Thanking u all experts in advance.

Anonymous   21 June 2010 at 00:50

Amendments made in sec 224 (1b) of companies act 1956

please tell me that what was the mischief in the Amendement of sec 224 (1b) i.e. adding the proviso that the provisions of ceiling of no. of audits shall not apply to private companies??

Anonymous   21 June 2010 at 00:11

Plz help me in legal matter.....

Respected Members, I am an advocate, I want an advice for appeal against the National Commission’s order in Supreme Court, Kindly give me fare advice for my own consumer case mentioned below…

Case: - The case is regarding mutation of the my late father’s property which comes under leasehold land Port Trust working under central Govt. for Ministry of Commerce and is managed by a Port Trust with a Chairman as its head.

After completing the due process we have been given permission for transfer from the port trust, and we have made the sale deed on 23/08/2002 of the property including the tenanted portion of the property, copy of the same was sent to trust for mutation in their record but the trust is denying the mutation with the reason that “the civil suit is pending regarding that property in the court between the old landlord (from whom we have purchased the property) and the tenant, so we can mutate the plot after the disposal of the same.” Moreover neither we nor port trust is the party in the suit pending before the court, and tenanted portion is also mentioned in the lease deed with which we have purchased the property.

Against such reply of the trust we have filled complaint for mutation of the property on 08/03/2006 under section 2 d (ii) of Consumer Protection Act, on the ground of consumer “as beneficiary of such services other than the person who hires the services for consideration paid”, as the transfer fees is being paid by us as purchaser to the trust whereof they have issued receipt in the name of the old lease holder vendor.

Consumer Protection Act
section 2 d (ii) [Hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other then the person who 8[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person [but does not include a person wo avails of such services for any commercial purpose];

Where An fair and justified order has been passed in our favor from District Consumer Forum the opposite party filled an appeal in state commission, where though legally all points were in our favor, but somehow state commission has issued order against us, while giving reason “the party in the suit cannot be said to be consumer”, due to new plea being taken up by the respondent’s lawyer. I cannot understand that the how state commission can issue such an order on the ground that we cannot be considered as a “consumer”, when the Dist. Consumer Forum has admitted our complain and after looking towards the fact has justified the matter in our favor?

Then after we have filed an appeal before the National Commission, where the National Commission has not looked into the fact of the matter, dismissed the appeal on its admission date itself, without looking towards the documentary proofs, citations & Legal aspects being taken up by us in the state commission. It just relied on the state commission’s order on only one point that “the party in the suit cannot be said to be consumer”. Then we filled review petition before the national commission again to get it justified again, but It was again dismissed by the commission with reason that “ petitioner seek to reargue the matter, which is not the scope of a review petition”.

So, I need an advice whether the ground I have taken for the above matter is right? And what step I should take now for the above matter……

harshad   20 June 2010 at 23:34

file a case under crpc 155(2)


sir,
i register a complaint under ipc 507 against opponent & police officer direct me to apporoach nearest magistrate to file a suit. i want to know procedure to file suit,valid time period,apporox.cost of procedure.
thanks.
harshad mandke.

jagan   20 June 2010 at 23:03

Car owner cheated

Dear Experts, I have recently purchased Second Hand Car a month back, I have paid full amount and the owner promised me that he will deliver the next day as we have identified fuel injection signal problem, As per our understanding Owner should give us the vehicle in proper condition,so that i can submit him the DELIVERY NOTE,Its already a month the vehicle is still with the Owner and there is no response. Can any please guide me as the POLICE refused to register a case when i asked to do so.

Anonymous   20 June 2010 at 22:46

Deletion of name of one of the owner's in residential prop

Dear Sir,

We have a house in a coop Hsg Soc in Kandivalai (w), Mumbai. This is in the name of my son (as the first owner ) and my wife (second owner) purchsed in Nov 2007.

We would like to delete our son's name and make the house only in my wife's name.

How to do this ? What is the modality ? What are the implications? In nutshell what are the formalities to be completed?

I will appreciate a reply to do this query.

Best and warm regards.