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Anonymous   02 December 2009 at 20:55

rejection of plaint

I have made application for Rejection of Plaint under order 7 Rule 11 of Cpc , on the ground that there is no cause of action, the suit which is filed by the plaintiff is for the recovery of money,

the case in brief is that i have taken loan from the bank and have taken one boat (water boat) and hypoticated the ame to the bank and also there were 3 guranters for the same. when my business stated suffering i sent a letter to the bank two years back before filing of the suit to sell the same boat and recover the amount..which is not benn done by the bank nor any steps whatsoever had taken by the bank to sell the boat and recover the amonnt ..now that letter is relied by the plaintiff itself..

now when i had sent a letter saying and calling them to sell the boat and recover the amount 2 years back how there can be cause of action thare to file this suit..please guide me with citations if you are having

Anonymous   02 December 2009 at 20:55

Service TAx

what is the procedure for the service tax no and upto what amount no need of service tax no

Anonymous   02 December 2009 at 20:55

PIL

what do u mean by PIL filing in highcourt.

Anonymous   02 December 2009 at 20:54

PIL

what do u mean by PIL filing in highcourt.

Member (Account Deleted)   02 December 2009 at 20:33

Unregistered partition deed.

5 acres of agriculture land in my grand father name (Self acquired) in Bangalore.

There were 4 sons divided this property along with my grand father of equal share of 1 acre each (5 shares) through panchayithi palupatti (Unregistered partition deed) in the year 1985. Each are in the possession of their respective shares. But no mutations were transferred. Property still in my grand father name.

Because of unregistered partition deed, revenue officials not transfering khatas in favour of sons as one of my uncle filed objection notice to revenue department not to transfer khatas.

My uncle objection claims as follows;

1. My grand father made a registered will in favour of grandson (Son of my uncle, who is opposing khata transfer) in the year 1994.

2. Because of that he (my uncle) is not signing for khata transfer as my uncle sign is essential because of unregistered partition deed.

Dear sir, we got the registered will deed through taluk office and noticed some of the things as follows:

1. My grand father in that registered will clearly mentioned that, He given shares to all four sons as per partition deed which took place in the year 1985, accordingly everyone in their respective share positions. These words clearly written in the will.

2. He clearly telling in that registered will, he (my grand father) is going to give his share only got through unregistered partition deed took place in the year 1985 (as per that deed his share is only 1 acre).

3. But while writing in schedule property section of the will. He is mentioned 2 acres of his share he got through partition deed of 1985 (but his share is only one acre)

4. As per partition deed his share boundary (chekkubandhi) different from what he is writiing in the registered will. (This means as per partition deed his share in 3rd place from east, but in registered will he is mentioning 1st share from east, so mismatch of boundaries).

5. The witteness for the will his my uncle only (my uncle signed as a witness, father of will beneficiary).

6. Grandson filed probate case in taluk office (senior division in Anekal). But case was rejected based on... such probate cases not come in the jurisidiction of that court. Again their lawyer challenged in REVIEW PETITION that court has the power to give probate judgement in same court. presently this case is running.

Dear sir please advice me what will be the case position, as my grandfather in his registered will clearly telling, he is going to give his share only he got through partition deed of year 1985. But in schedule property section of the will what he is writiing mismatches with extent, chekkubandi, etc of the partition deed what he is mentioning in the same will. Presently probate case running in court.

jay   02 December 2009 at 20:27

Input Vat Credit againnst DEPB Sales

The dealer deals in sales only Fish in local Gujarat and also Exports out side country. Fish is a tax free item under vat law applicable in Gujarat.So the dealer is not liable to pay vat tax.
Dealer purchases packing material from local dealers in gujarat and the purchase of packing material is tax paid. The vat rate is 4+1=5% vat paid by the dealer on packing material purchase and tax invoice received by the dealer.
I want to know that Can dealer claim input vat credit paid on packing material purchase in vat return?.if yes which section is applicable under the vat act in Gujarat.and can dealer claim refund of input vat from vat department.

Anonymous   02 December 2009 at 19:53

Part payment against bounced cheque

A builder gave me Rs.50000/- in cash against bounced of cheque amounting Rs.240365/-. He issued me a post dated cheque of balance amount of the month of JANUARY 2010.

I already sent him a legal notice when my cheque was bounced. He has taken that cheque back & issued me this new cheque.

IN CASE IF THIS NEW CHEQUE AGAIN BOUNCE IN JAN. 10. CAN I SEND HIM LEGAL NOTICE AGAIN U/S 138 INA?

Govind Dayama   02 December 2009 at 19:39

Mortgage

Sorry Friends, I am again posting the same question that I have posted in Forum at this site.

We have intended to obtain loan on Mortgage by deposit of title deeds (Equitable Mortgage) from our Bankers. The immovable property is situated at a village in Maharashtra. We seek your legal advise on the following points: -

01. Whether the Mortgage by deposit of title deeds attracts stamp duty?

02. Whether registration of the Mortgage by deposit of title deeds is mandatory?

03. Can we execute Mortgage by deposit of title deeds of immovable properties of Maharashtra at another location i.e. Delhi / Ahmedabad ? (Our and Bankers offices situated on both places).

aditya   02 December 2009 at 19:37

citation

i wanted the citation of the case between the machimar adhikar sangharsh samiti v/s adani group ......the case is about the the environmental problem n depriving fisherman of their livilihood created by the mundra sez in gujrat .....it will be really greatfull if i could get the proper name of the case and its citation asap.......its a gujrat high court as welll as supreme court case ..between year 2006 n 2009

Anonymous   02 December 2009 at 19:32

How to execute International Arbitral Award

In an International Arbitration conducted in India under Arbitration and Conciliation Act, 1996 if an award is passed in favour of Indian Party, how the same can be enforced.

Learned experts are requested to enlighten the procedure.