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

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D. Venugopal   23 November 2009 at 15:41

agriculture land acquired by mortgage

My son is an NRI and lent some money to a friend of mine against mortgagage of some agricultural land around Hyderabad. As my friend could ot repay the loan, he wants to hand over the agricultural land.
As per FEMA, an NRI can not purchase agricultureal land.
Can my son acquire this Land? If not, how can he implement the condition of mortgage that the land would be registered in his name in case of default of payment? Because of the subdued market situation, this land can not be sold immediately as there is no buyer.
Please advise.

Anitha Serrao   23 November 2009 at 14:34

Stamp duty and Firms

Hi I just wanted to know in case of adjudication whether the stamp duty deficit is calculated on the basis of Assets owned

Anonymous   23 November 2009 at 14:17

decree on land

sir,
I had purchased a land through registered document on 1-10-1991 from land owner
on 10-10-1990 another person applied for court decree for said land and he got it on 31-10-1991 which document is valid one, he has mutated by ror act on 6-7-1998
on site we are the occupants but on records his name entered from 1998 what can i do now
he is telling that land is his only

Anonymous   23 November 2009 at 13:49

stamp duty on equipment lease

Sirs,

We want to take equipment (Tippers) on lease. The estimated cost would be 50 lakhs on a monthly lease rent of 3 lakhs for a period of one year.

If this lease deed is executed on a Rs. 50/- non judicial paper, will it be ok.

Does it needs to be registered, if so, what would be the stamp duty involved in this transaction.

Members may kindly clarify.

Anonymous   23 November 2009 at 13:26

Please clarify

In elections, is wooing voter with money, liquor etc. a crime? Is it treated as bribe? What criminal action can be taken if it falls under crime.

Kindly clarify.

Anitha Serrao   23 November 2009 at 13:26

RE: My query regarding stamp duty

Hi Sir,

Actually as per your reply you have mentioned the procedure for adjudication. But my query is whether adjudication is actually required in the instant case

Anonymous   23 November 2009 at 13:01

False 138


138 dishonored of forged rubber stamp cheque Which was stolen and kept by expartner of a company bears single signature

*****Mr x was a partner in co at the time of his retirement dispute arised and they settle the matter with the panch (Freinds). panch made the settlement on plain paper with all signatory to settle the amount for Rs 5000000 to be paid to mr x for retirement in 3months period

After some 45 days accordingly in front of the panch and their legal advocate the dispute was settle and transaction was settle mr x sign the deed of retirement on stamp paper made by their legal advocate in which it was clearly mentioned that full and final settlement and nothing is due to mr x at the time of his retirement and the last amount of settlement rs 300000/- given in cheque to mr x for which he provided the receipt and 2more partner enter the company accused no 3 and 4

*** 1)Mr X had 10yrs old Blank cheque of accused no1 with single signature of accused no2 his brother which he had stolen when he was a partner of accused no1
*** 2)accused no1 co since its incorporation had signature of any two partners in bank for transaction

Mr. X used this old blank and stolen cheque of company bearing single signature of accused no2 filled the cheque for rs 3500000 and put the duplicate rubber stamp of accused no1 and deposited in the bank to made a false 138 case

As soon as cheque bounced before the action of complainant the accused no 3 file a complaint (case no 1) in the court for forgery of cheque under sec 156(3) against Mr x which put a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque bearing single signature of accused no 2, certified by the bankers of accused no 1 that it was a 10 yrs old cheque. Order was passed against mr x and was arrested he tried to get the bail in session but was rejected on the ground since he was the ex partner of the company he was knowing the company bank transaction norms than why did he accept the single signature sign than Mr x went for quashing the matter in high court but was rejected but got the bail from high court

*****case no2: for the same cheque
138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accused given below:
He had his banker’s cheque bounce receipt which mentioned

1) Payment stopped by the drawer
2) Drawers signature incomplete/requires

Accused no1: Is the company

Accused no2: partner of accused no1
and brother of complainant mr x
(also ex partner of the
accused no1)

Accused no3: partner of accused no1 and son
Of accused no2

Accused no4: partner of accused no1 and
Son of accused no2


Present status of the matter :

****case no 1: mr x expired and the forgery case is also finish since the accused is no more

****case no 2: original complainant mr x expired and the case is run by substitute mr y his son
Cheque is with the I.O
and application had been filed by Mr y to start the case with secondary evidence Xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court. His application had been rejected and a fresh notice is issued to concerned police station to send the cheque to the 138 court

Some advocates in lawyersclunindia had given answer that:

N.I.ACT SECTION 138 DOES NOT ATTRACT HENCE NO CASE MADE OUT


Than how come my case is still pending in 138 court

Cani I apply for discharge of the matter or go for quashing if yes on which ground or judgment please advice

Anitha Serrao   23 November 2009 at 12:44

Stamp duty and Firms

Hi,

This is Anitha a CA as well as a law student.
My query is that,

We have a firm which has been registered. Now the firm was reconsituted in the year 1997 and the reconsituted deed was to be prepared on a Rs. 200 stamp paper while we had done it on a Rs. 100 stamp paper. the Registrar of Firms (ROF) people are askin us for gettin some adjudication done. Please let me know what actually should be done and f adjudication is to be done what is the actual procedure?
Please let me know

santhosh   23 November 2009 at 12:18

Domestic violance act

Is the mainanance granted in the domestic violance act is valid if the wife was divorcd on the ground of adultary?. Is the section 125 Cr.P.C is applicable to be read with domestic violance act in the above ?

g.santhosh, advocate

Amit Oza   23 November 2009 at 12:10

suggeation.

there are problems going between me and my wife, she has registered an N.C for dowery of Rs 50.
now the problem is, on 20.11.09 i went out for some work and i told her to saty at her parents house so there will be no trouble at home.on 22.11.09 there was afunction at my brother house and he dint invite her. wehn she came to knw abt this she is threating me that she wil put me in trouble
she always threant me of the mahila trakrar office , and i think the office is bias .