Anonymous
06 December 2009 at 20:31
A is the son of B. B was the mother of A. B died in the year 1995. after her death her name is entered in 7/12 extract of her deceased father's property in the column of other rights along with her two brothers.
later on B's brothers made a agreement of sale with C. later on C filed a suit for specific performance of contract on the ground of this agreement. and as per the court's order this property was sold out to C.
Now A knows about all this facts, then he submit a application to the talathi office and A's name along with his two sisters is entered on 7/12 extract of her mother's deceased fathers property in the column of other rights.
Then whether A has a right to claim for possession and measne Income. ?
If yes, Please specify along with all grounds. and on what ground he can issue a notice to C. Please it's urgent.
sunildatta akole
06 December 2009 at 20:30
A is the son of B. B was the mother of A. B died in the year 1995. after her death her name is entered in 7/12 extract of her deceased father's property in the column of other rights along with her two brothers.
later on B's brothers made a agreement of sale with C. later on C filed a suit for specific performance of contract on the ground of this agreement. and as per the court's order this property was sold out to C.
Now A knows about all this facts, then he submit a application to the talathi office and A's name along with his two sisters is entered on 7/12 extract of her mother's deceased fathers property in the column of other rights.
Then whether A has a right to claim for possession and measne Income. ?
If yes, Please specify along with all grounds. and on what ground he can issue a notice to C. Please it's urgent.
Anonymous
06 December 2009 at 20:20
A SUED B FOR DEFAMATION UNDER SECTION 400-500 AND PROCEEDING IN LOWER COURT IS GOING.
B APPROACHED THE HIGH COURT FOR QUASHING THE COMPLAINT AND LOWER COURT PROCEEDINGS U/S 482.B IS A UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO DO FINANCE WORK. WHETHER AN UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO WORK CAN TAKE LEGAL ACTION U/S 482 FOR QUASHING UNDER SUCH A SITUATION ?
Anonymous
06 December 2009 at 18:51
Respected Sirs / Madame,
What are the rules and regulations that are applicable to us when I am receiving commission for facilitating trade deal between seller and buyer for gold commodity happening outside india?
What are the formalities that I need to follow in order to bring in the commission obtained outside india into india?
As the commission given to me is already tax paid as per that country law. What kind of tax is applicable to me when I bring it into india and how best I can reduce the burden of double taxation?
This commission has to be shared with my group here in India and how should I disburse to them and what laws are applicable for doing it?
What kind of Agreement (Tripartite) should I enter into in order to smoothen the process of sharing of commission?
Anonymous
06 December 2009 at 18:48
Respected Sirs / Madame,
What are the rules and regulations that are applicable to us when I am receiving commission for facilitating trade deal between seller and buyer for gold commodity happening outside india?
What are the formalities that I need to follow in order to bring in the commission obtained outside india into india?
As the commission given to me is already tax paid as per that country law. What kind of tax is applicable to me when I bring it into india and how best I can reduce the burden of double taxation?
This commission has to be shared with my group here in India and how should I disburse to them and what laws are applicable for doing it?
What kind of Agreement (Tripartite) should I enter into in order to smoothen the process of sharing of commission?
dr subodh kumar
06 December 2009 at 17:37
Thanks to all respected lawyers for the replies to my previous queries.I have futher queries-
1.In what case or situations will the judge slap fine of amount equal to the cheque amount along with imprisonment of the defaulter?
2.Will it be necessary to prove the amount paid(particularly if the amount is high) to the defaulter or the bounced chq is in itself a hard proof against the defaulter?
3.Usually what will be the final verdict/result in chq bounce cases and maxim how much the defaulter will be ordered by court to refund to the complainaint.Will i finally get back the interests,fine and expenses along the principal amount or cheque amount.
4.Usually how much time is needed for the final verdict to come?
5.If the defaulter refunds me after court order then too he will be imprisoned or he will be released in this case?
Thanks
Reshma K
06 December 2009 at 16:08
Hi, One of my relation is who was working in a company is accused of favouring a particular vendor and bribery. The company had called him for some questioning and he had attended. He is claiming innocence and has refused to go again to the company for further questioning. He is anxious if they will lodge a police complaint.
I want to knwo the procedure. Will the company have to file a case first or do they approach the police? how does this happen... can you pls guide with details.
barun deka
06 December 2009 at 15:41
plaintiffs are claiming a portion of the defendant's land to be a path and that the latter has recently raised a wall to obstruct the path. however the defendants plead that there is no path and the wall has been there since long. now can the court pass an order of interlocutory mandatory injunction to break the wall when the title suit is still pending?
Anonymous
06 December 2009 at 14:49
I am holding Agreement of sale on Rs.100/- stamp paper, to buy a House Property consisting of ground + First floor, delivery of possession not given.(1st March. 2003)
I am having receipts for the payments made on different dates and no objection letter from the vendor's children, for selling the property to me. Further i have cheques of the vendor in favour of Municipal corporation and electricity department, leaving the amount and date blank duly signed by the vendor and his wife respectively. I am also holding a letter issued by the vendor dated 6th march, 2004 for part performance of the agreement for delivery of possession.
Also holding another document called Declaration executed on 17th April, 2005,on Rs.100/- stamp paper, wherein vendor stated that he was in receipt of payments as per receipts and agreed that he has delivered possession of the ground floor.
This vendor avoided registration, hence filed specific performance case.
When avoided registration, I have issued legal notice to the vendor to register the property in my favour and also deliver the first floor portion and link documents. Since he refused to receive the legal notice, i have filed this specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark these documents, Hon'ble Judge is asking to pay stamp duty as required for registration, with penalty to mark this two said documents.
According to us we have to pay stamp duty for registration at the time we get decree and get the property registered through the court and it is not necessary to pay stamp duty at this stage to mark these documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention? Is our stand is correct???
Please give your opinion and information at the earliest - a bit urgent. Please...
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SEC-138 OF N.I. ACT
A HAS TAKEN A LOAN FROM A PRIVATE FINANCE CO. FOR RS.40,000/-. A WAS PAYING INSTALLMENTS BUT PRIVATE CO. WAS NOT ISSUING TOTAL RECEIPTS FOR CASH AMOUNT RECEIVED. DISPUTE ARISES WHEN A SMALL AMOUNT OF LOAN WAS OUTSTANDING.
B (CO.) PRESENTED BLANK CHEQUE TAKEN FOR SECURITY AND FILED RS.70,000/- COURT CASE WHICH WAS DECIDED AGAINST A AND PUNISHMENT OF ONE YEAR CONVICTION WITH RS.1,000/- FINE AWARDED.A FILED APPEAL AGAINST CONVICTION WHICH IS PENDING.
IT WAS TOLD BY B (FINANCE CO.) DURING TRIAL THAT HIS PROP. FINANCE FIRM HAS NO LICENSE FOR FINANCE WORK(BUT JUDGE IGNORED SAME). WHETHER A FINANCE CO. HAVING NO LICENSE TO FINANCE CAN TAKE LEGAL ACTION U/S 138 OF N.I. ACT AGAINST A AND GET HIM CONVICTED .B HAS ALSO FILED CIVIL SUIT FOR RECOVERY OF RS.70,000/- PLUS INTEREST. WHETHER B IS LEGALLY ENTITLED FOR THIS CIVIL SUIT ALSO?