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jimmy   26 April 2010 at 14:10

SLP(CIVIL)

Sir/Madam,
There was a civil matter bet'n my pvt.ltd.company and one co-op bank in the state of maharashtra. The co-operative court had ruled out the order against us 'ex-parte', and based on that order, the bank started it's recovery/decree proceedings. But later we appealed for delay condonation at the civil appellete court and there also the order was passed against us without granting our delay condonation.We then approached the High court, but there also the order was passed asking us to pay 50% of loan amount in the HC to avail the stay. We later approached to the supreme court with SLP(CIVIL)under article 136 seeking an interim relief against the HC order, as we were not ready to deposit the 50% amount. The SC dismissed our petetion asking us to withdraw it and to seek an 'extention' at the HC only to deposit the said amount!
We in fact want to fight this case on merits and we have a fair chance of proving our points, provided we are simply granted a delay condonation and given a chance to prove our points!
We seek an expert advise on this issue about how to go ahead at this stage!

Ranjan Ashok   26 April 2010 at 13:51

Work contract-Karnataka

If a company registered under CSEZ scheme for engineering R&D activity having 100% exports and being cost centre. A subsidary to parent company for R&D Activites.

Is Work contract applicable??
If yes, on what it should pay??

Amaresh   26 April 2010 at 13:06

No roads available to reach to Plot

hi.

My father bought one plot of around 11,000 sqft in 1960.we were out of town for around 35 yrs and when we came back we found that everyone has constructed the house around the plot nad there is no road available to reach the plot.we tried to negotiate with the neighbors but they are not agreeing to.Is there any law which will help us getting the road to the plot.

Anonymous   26 April 2010 at 10:20

affidavit

once an affidavit is submitted to the court and the same has been taken only on record and no order passed based on the affidavit. can the same may be withdrawn or amended, if yes under what provisions.

R_PVK   26 April 2010 at 09:20

TAX PROCEDURE

Dear sir
M y mother had been issued the letter of aministration for the property worth of one crore
the querry is
1, any asset if sold within three years are bound to have in come tax or mere title change is supposed to be Gift. if mu mother is thinking of distributing it to their childrens say 4 + to the two daughters of his brother what will be the procedure
2, if she pays tax like high capital tax gain or low capital tax gain and distributes to the children and brothers daughter whether the receiver has to pay further tax or will it be treated as gift
3, what is the maximum limit above which the gift tax has to be paid
regards
R_PVK

Anonymous   26 April 2010 at 05:12

Non prctising lawyer sign a contract?

I have passed LLB 2 yrs back n since then was working for a company, training to be an inhouse lawyer. I havent applied for my sanad yet but can i sign an agreement which I have drafted for a client when both the parties agree to the terms n conditions?

kanti kumar   26 April 2010 at 02:25

UNREGISTERED WILL

Hi,
my query is that during the pendency of civil suit unregistered will were filled which were on the letterhead of the firm instead of the stamp paper by the defendents so the burden to prove that will relies on which side the plaintiff side or the defendent side and can a unregistered document can be taken without witness .
thank you..

Anonymous   26 April 2010 at 02:15

vicarious liability

my father who was an employee of bharat pumps commpresoor ltd a public sector undertaking.his job was to get deal in insurance related matters of company.he reetired after on superannuation on 31 dec 2000. in 2003 he got a summon from cbi,anti corruption court lucknow saying he is an accused in a case where he processed a claim for the company and got the claim admissible to the company which is 100% subsdiary of govt of india.cbi says that the said marine insurance claim filed by my father on behalf of the company was otherwise not admisible.my qns is wether my father is accused for corruption, secondly he did everything as an employee of a company.he retired at 60 with 34 yrs of service with utmost sincerety.now he is fighting the case by his own,he does not even gets pention,he is 70 yrs now sick with all sort of old age disease.pls advise on:- (i) can a person be accused under sec 13 1 r/w 13 2 ie is corruption,where the said claim has been deposited in account of company of govt of india.
(ii) what is mensrea factor of my father (ie is main ingredient of a crime)
(iii) how can cbi decide that the said insurance claim was inadmissibe and the court without deciding about the admmissibilty of the claim directly started the trial and decide that my father is an accuse and progressed with the case.

Self service   25 April 2010 at 22:06

Can i get divorce on mental cruelity

Hello, I was married in 2002 while working abroad, in 2008 I returned to India. after returning to India wife started taking control financillay and forcing on matters.Later few weeks back she left home with all her belongings and not returning back. I called few times and she is don't respond properly. Her father also joined her and threats for police complaints. I already informed police about incidence and request for consuling. But overall i faced following issues:-
1.We have no kids, she do not want kids and asks to adopt one. She is also digonised for some medical issue, but she don't take medicines and avoid medical tests on time.
2.She is habitual of breaking bangles on wall or throwing away managlsutra.
3.She feel jealous and curse on my job and if any thing new i purchase.
4.She forced me to sell property on joint name and wants to buy on her name only. Also she has taken some money from me for buying property.
5.She left home without consent to unkown place and do not want to talk and reslove issue.
6.She never takes care during sickness and threats to throw medicines, never went to doctor with me and even refuses to drop at hospital.
7. Habitually threats for divorce and her father also threats for police complaints if i tried to contact her.
She is working and keeps all her salary account seperately. Do not spend any thing at home.

Please advice if i can apply divorce on cruelity and what i need to prove all these as we are two only who lived and no one else in family lived with us.
Thanks

Anonymous   25 April 2010 at 22:00

notice u/s 145 CrPC

Our query on 18.4.2010 was:
Notice u/s 145 Cr.P.C. was issued in October by SDM in respect of a residential property. HC subsequently issued a status quo order. Can the SDM ignore the HC order to alter the status of possession of a property bequeathed exclusively to Complainant in the proceedings u/s 145 Cr.P.C. by the deceased owner-testator ?
Probate proceedings are already on before High Court in respect of the registered Will since April. The beneficiary of such property was pushed out by force and under threats to his life .
After making several complaints to the local police, an FIR was registered in September when the goons/tresspassers were arrested. The beneficiary of this property immediately reoccupied this property as the tresspassers were booked, whereafter, the Beneficiary has been living in the said property peacefully for more than a year, now. Proceedings u/s 145 were initiated after the beneficiary reoccupied the property.

Your reply on 19.4.2010 was:
It shall be better to bring all the facts before HC and initiate proceeding under contempt of court against SDM and all relevant persons. SDM has abused his pwoers in the given query

Our further query on 19.4.2010 was:
Order u/s 145(1) is yet to be passed;
The objectors in the Probate proceedings are also praying for sealing of the bequeathed property, though being in peaceful possession since over an year and a half, after re-occupying after booking of the tress-passers, engaged by the objectors !

No reply recd from you so far.
Please answer.
Regards