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Swami Sadashiva Brahmendra Sar   31 March 2010 at 17:14

Applicability of Evidence Act in writ jurisdiction.

Dear friends,
Writ petitions are decided mostly on the basis of affidavits.
Under what provision of Law affidavits are admissible in evidence ?
Further,is Evidence Act applicable to petitions under Art. 226 of the Constitution ?

jyotirmaya behera   31 March 2010 at 17:13

brake up a contract

a company contract made of on bond paper with out registration. if some one want to brake up, how can he brake up?

Anonymous   31 March 2010 at 17:02

International Trade Law

hi every body,,,as i'v been advised to get into big corporate or industries of trade to get exposure in international trade law,,,,,is it recommended to get into Mncs or a law firm as i'v heard a lot tat person can’t learn in firms tat much comparatively practicing with an individual or in distric courts, is it same with my subject as well???

ashwinisavishnainwar   31 March 2010 at 15:59

under which sec

mother make a saledeedin name of one son who is blind .the property purchased by her with help of own exertion .she purchased the land in name of minor son show gurdain mother for son in that regestersd sale deed.other son make acase for possestion ,partion in which act adove story is applicable

Praveen Kumar   31 March 2010 at 15:13

My savings account is wrongly debited...

ICICI Bank debited my savings account with an amount of around Rs. 48,000/- (as I have a salary account with them) in February 2010. On asking for the reason they said that they were dues on a credit card in my name. I then submitted proof that I closed the said credit card more than 3 years back i.e., in August 2006 along with the letter, receipt and copy of the draft. Then the bank reversed the debit and gave me back my money. I asked the bank the following questions:

1. How come the bank does not know that it has already closed the card?
2. If they wanted to debit the money, how come they did not even inform me?

The bank has not given any reasons. In fact it is mandatory for a bank to inform at least the savings bank account holder (if it thinks that the credit card holder is no longer in the same address) that it is going to do so. It is therefore very arbitrary. Is it therefore very dangerous for a bank to have such sweeping powers (of debiting people's savings accounts) without even knowing how to use them and more so how come they are not accountable.

What cases can I file in the consumer, civil and criminal courts?

Anonymous   31 March 2010 at 14:45

compromise Equal rights case

5 daughters & 2 sons to my grand father.Actually , my aunts( My father's sisters) are fighting for equal rights on my grand father's property. My grandfather was expired & even my father (elder one) also expired.In lower court, court given favour judgment to my aunts. they got 2.5 % share to first 3 aunts & 22.2 % to last two. Then, we filed the suit in hight court & got stay on it. Now, they want to compromise with me and not with my uncle( Father's brother). Actually , we combinely filed suit in High court .Here the complication is, before the judgemnt in lower court, my aunts(4 aunts) had given POA to my uncle's wife except with main plaintiff that given total authorites including sale also to uncle's wife & combinely filed the suit in HC. He is not ready to compromise with Main plaintiff.His intention is different.

Actually , partition was done 25 years back. We got our own passbooks & registered documents individually. now, my uncle looking to cheat & get our share also by POA.

How can i solve my problem legally. My aunts are ready to compromise with me. I need urgent help on this. Please assit me how to solve this problem

Anonymous   31 March 2010 at 14:10

BAMS COLLAGE DEMANDING EXTRA FEES

I am student of final year BAMS COLLAGE OF RAJIV GANDHI UNIVERCITY OF HEALTH SCIENCES, KARNATKA , BANGLORE - 560041 AND RESIDENCE OF MAHARASHTRA.

I PAID RS.THREE LAKHS AS FEES TO MANAGEMENT THROUGH CASH AND DD, THOUGH FEES DESIDED BY MANAGEMENT IS RS. 40000 PER YEAR.MANAGEMENT CHARGED ME EXCESS FEES WITH COMPARE TO ACTUAL FEES DESIDED BY UNIVERCITY AND ALSO I PAID IT.

NOW I WANT TO DO ENTRENCESHIP AT MAHARASHTRA. I NEED A LETTER ( NOC OR PERMISSION TO DO ENTRENCESHIP AI MAHARASHTRA ) FROM MANAGEMENT. MANAGEMENT IS CHARGING RS 65000 FOR IT IN TWO INSTALMENTS OF RS 32500. I PAID RS 32500 IN BANK AS DIRECTED BY MANAGEMENT.MANAGEMENT HAS GIVEN LETTER TO ALL STUDENTS EXCEPT ME.FOR ME PRESIDENT IS DEMANDING RS ONE LAKH MORE.MY PARENT IS NOT CAPABLE TO PAY THIS MORE FEES.
WHAT CAN I DO ? PRINCIPAL OF COLLAGE IS WIFE OF PRASIDENT OF SOCITY WHICH RUNS THE COLLAGE.AFTER MANY REQUESTS THROUGH PARENTS PRESIDENT IS NOT READY TO ISSUE LETTER.
PLEASE GUIDE ME SO THAT I CAN HAVE ENTRENCESHIP AT MAHARASHTRA WITHOUT PAYING MORE RS ONE LAKH.

Thanks in advance
Amol.

Anonymous   31 March 2010 at 14:05

BAMS COLLAGE DEMANDING EXTRA FEES

I am student of final year BAMS COLLAGE OF RAJIV GANDHI UNIVERCITY OF HEALTH SCIENCES, KARNATKA , BANGLORE - 560041 AND RESIDENCE OF MAHARASHTRA.

I PAID RS.THREE LAKHS AS FEES TO MANAGEMENT THROUGH CASH AND DD, THOUGH FEES DESIDED BY MANAGEMENT IS RS. 40000 PER YEAR.MANAGEMENT CHARGED ME EXCESS FEES WITH COMPARE TO ACTUAL FEES DESIDED BY UNIVERCITY AND ALSO I PAID IT.

NOW I WANT TO DO ENTRENCESHIP AT MAHARASHTRA. I NEED A LETTER ( NOC OR PERMISSION TO DO ENTRENCESHIP AI MAHARASHTRA ) FROM MANAGEMENT. MANAGEMENT IS CHARGING RS 65000 FOR IT IN TWO INSTALMENTS OF RS 32500. I PAID RS 32500 IN BANK AS DIRECTED BY MANAGEMENT.MANAGEMENT HAS GIVEN LETTER TO ALL STUDENTS EXCEPT ME.FOR ME PRESIDENT IS DEMANDING RS ONE LAKH MORE.MY PARENT IS NOT CAPABLE TO PAY THIS MORE FEES.
WHAT CAN I DO ? PRINCIPAL OF COLLAGE IS WIFE OF PRASIDENT OF SOCITY WHICH RUNS THE COLLAGE.AFTER MANY REQUESTS THROUGH PARENTS PRESIDENT IS NOT READY TO ISSUE LETTER.
PLEASE GUIDE ME SO THAT I CAN HAVE ENTRENCESHIP AT MAHARASHTRA WITHOUT PAYING MORE RS ONE LAKH.

Thanks in advance
Amol.

sudhakar   31 March 2010 at 13:47

Equal Partition

Hi all,

We are two sons for my mother, my father had another family. He left us on 1985; there is no evidence of his residence. My mother died in 2002. In the heir certificate it’s mentioned that my father is my first heir. We made a partition among us by speech. Now my elder brother is refusing for a mutual partition as we spoke. He is enjoying the whole property. In this how to proceed for a partition. And after partition how to register the property in my name.

Property details
1. One house in my mothers name from my grandfather as a gift deed. (in the document its clearly mentioned that after my life of mother its belong to sons so there is no interfere of my father)
2. One small house bought by my mother and registered in her name.
3. One land bought by my mother and registered in her name.

My brother taking the 1st property, because there is no interfere of my father.
I tried to search of my father but there is no trace of his presence.
How can I make a equal partition? And after getting my part how to register the property without the first heir (father).

Anonymous   31 March 2010 at 13:17

redevelopment



SIR,

WE ARE STAYING IN PUGHARI SYSTEM IN MUMBAI , REDEVELOPMENT PROCESS WILL BE START IN NEAR FUTURE, SO PLEASE GUIDE ON FOLLOWING OR PLEASE SUGGEST THE BOOK WHICH GUIDE AND FOCUS ON FOLLOWING POINTS AND REDEVELOPMENT RULES, ACTS DEVELOPMENT REGULATION CONTROLS AND LATEST JUDGEMENT AND TAXATION. EFFECT ON REDEVELOPMENT.

1) FOR REDEVELOPMENT WHAT IS THE PROCEEDURE?
2) HOW MANY MAJORITIES REQUIRED FOR REDEVELOPMENT?
3) IF MAJORITY AGREES TO JOIN REDEVELOPMENT, WHAT IS THE STAND OF NON-COOPERATIVE TENANT?
4) WHAT MINIMUM AND UPTO WHAT MAXIMUM CARPET AREA SHOULD TENANT GET?
5) SHOULD TENANT GET NEW ACCOMODATION WITH GALLRY/BALCONY?
6) IF MANAGING COMMITTEE IS APPOINTED WHAT ARE THEIR RIGHTS AND DUTIES?
7) WHAT ARE RIGHTS AND DUTIES OF DEVELOPERS/BUILDERS?
8) ON WHAT GROUIND MANAGING COMMITTEE CAN BE DISSOLVED? CAN TENANT CAN FILE A SUIT AGST THEM ON ANY NEGLIGENCE?
9) ONCE CONSENT GIVEN BY TENANT FOR REDEVELOPMENT, THEY CAN WITHDRAW THE CONSENT FOR REDEVELOPMENT? ON WHAT GROUND AND UNDER WHAT CIRCUMSTANCES?
10) WHAT IS THE BASIS OF CORPUS FUND?
11) IS CORPUS FUND GIVEN TO TENANT IS TAXABLE INCOME?
12) REIMBURSEMENT OF RENT WHILE EVICTION FOR REDEVELOPMENT IS TAXABLE?
13) TRANSFER OF TENANCY RIGHT TO OWNERSHIP RIGHT IS TAXABLE UNDER THE HAED CAPITAL GAIN?
14) WHAT IS THE IMPECT OF SERVICE TAX ON TRNASFER OF TENANCY RIGHT TO OWNSERSHIP RIGHT AS THE BUILDER/DEVELOPER IS JUST PROVIDING SERVICES TO OLD TENANT ON ACCOMMODATION GROUND UNDER REDEVELOPMENT SCHEME, THERE IS NO COST OF ACQUISITION AND CONSIDERATION INVOLVED IN IT.?
15) VAT EFFECT ON TRANSFER OF TENANCY TO OWNERSHIP RIGHT
16) WHAT IS THE BASIS OF BANK GURANTEE?
17) FOR ANY REASON, IF REDEVELOPMENT PROCESS IS STOPPED, WHAT TENANT CAN DO AGAINST DEVELOPER/BUILDERS?