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

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Vishal jain   15 December 2009 at 11:31

false 24 HMA

Hello,
I have filed a divorce petition against her. For which, she has given the application for maintenance under Section 24 HMA, which is as follows the main points are:-

1. That the petitioner is running his business in the name of M/s.************ at *******(address) and earning more then Rs. 1,00,000/- per month.
4. That the applicant is a housewife and does not earn anything being a domestic lady and is residing along with her parents thus needs at least Rs. 20,000/- to support her.
5. That to grant Rs. 22,000/- as litigation Expenses.


Some briefs facts are:-
1. I don't file Income tax return as I don't have this much earnings
2. I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4.She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
5. Now she is doing LLB final year for which she has paid Rs 60,000 fee.
6. Before marriage she was a working lady and earning around 7,000/- pm.(for this she has given in written in Income Tax Department also). I know all this but that is off-records.
7. At the time of Bail proceedings, I have given FDR for Rs.3,00,000/- as per the directions of high Court. In that order also the High court has advised her not to encash the FDR so that she can have regular income as maintainance.

Anonymous   15 December 2009 at 11:25

incmetax

the assessee firm voluntarily filed late its loss retun for a.y.2007-08 on 31.10.2007.and revised return was filed on 17.03.2009.iwant to know that it will be treated as valid return.the assessing officer said it is non-est return.i want some case laws.thanking you.

Sanjay   15 December 2009 at 11:23

"leave and licence agreement" or lease

Dear Experts,

I have a spare flat in Delhi that I want to rent. I am aware that the laws in India are very landlord unfriendly and the tenant may refuse to vacate at the time of expiry of the agreement. I want to structure the agreement in such a way that such a risk is totally avoided. I am also interested in registering the written agreement. Essentially I want to do everything by the book, so that I am protected in the case of any mal-intentions on the part of the tenant.

1. I have heard that the agreements one can enter into are either a lease agreement or a "leave and licence" agreement. Is that true?

2. Also I believe the "leave and licence" is more favourable to the landlord. From anecdotal evidence I believe that "leave and licence" are more common in Mumbai and lease agreements more common in Delhi. Is that because there is a difference in the law between the two states?

3. Paying additional charges such as registration and stamp duty are not a concern to me. I believe that entering an agreement for less than 12 months (say 11 months) is a good way to protect the landlord from the tenant laying any claim to the property. Is that true or does the tenure of the "leave and licence" or lease not matter?

4. From my understanding of the above points it appears to me that a "leave and licence" agreement with a tenure of 11 months would provide maximum protection to me as a landlord (I can renew the agreement every 11 months). Is that true for an apartment located in Delhi? Also does this provide me a watertight protection or is there still a chance of the tenant refusing to vacate and the case lying unresolved in the courts for a long time?

Thanks and regards,
Sanjay

pawan sharma   15 December 2009 at 10:47

S 33 of I D Act

Can an application of section 33 of Indutrial Disputes Act, be filed directly in the Labour Court.Pl,cited case law also

Anonymous   15 December 2009 at 10:40

false 24 HMA

Hello,
I have filed a divorce petition against her. For which, she has given the application for maintenance under Section 24 HMA, which is as follows the main points are:-

1. That the petitioner is running his business in the name of M/s.************ at *******(address) and earning more then Rs. 1,00,000/- per month.
4. That the applicant is a housewife and does not earn anything being a domestic lady and is residing along with her parents thus needs at least Rs. 20,000/- to support her.
5. That to grant Rs. 22,000/- as litigation Expenses.


Some briefs facts are:-
1. I don't file Income tax return as I don't have this much earnings
2. I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4.She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
5. Now she is doing LLB final year for which she has paid Rs 60,000 fee.
6. Before marriage she was a working lady and earning around 7,000/- pm.(for this she has given in written in Income Tax Department also). I know all this but that is off-records.
7. At the time of Bail proceedings, I have given FDR for Rs.3,00,000/- as per the directions of high Court. In that order also the High court has advised her not to encash the FDR so that she can have regular income as maintainance. But she encash it the Next day.
Can I upload this point that she is having Rs. 3,00,000/- in her bank a/c and having the interest.

Plz. Help me

pawan sharma   15 December 2009 at 10:40

Artical 233

Pl, provid full coments on Art-233 of the contitutino of India.

ss   15 December 2009 at 10:23

Court fee

Pl. clear doubts about the term value of the suit for the purpose of fees and prescribed court fees stamp. What is the exact meaning of these legal terms generally required in filing civil suits under CPC.

ss   15 December 2009 at 09:54

Regarding limitation

Please clarify the following points:-

1. What is the term that 'the suit filed by the plaintiff is barred by limitation?

2. Whether certain valid grounds is required mandatarily for application of the clause barred by limitation?

3. What is the rule of limitation application in various civil suits filed under CPC?

Anonymous   15 December 2009 at 09:24

query

What is procedure & fee for filing a case in CAT?

Anonymous   15 December 2009 at 09:03

domestic violence Act

Case filed under DVPC (domestic voilence act) by wife against husband who is drunkard and violent.Husband subsequently agrees to transfer all his property to his minor children with himself and his wife becoming minor guardians.Question is: under this act can a decree be obtained by the court to transfer property in minor childrens name by both parties filing a compromise to this effect.