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rajesh   04 January 2009 at 15:36

subsiquent sale ?

I got works contract for supply and errection. I purcraised invoice in favour of contractee as transit sale ,the contractee issued c form to me and i also got e-1 also .the contractee deduct tds @ 4% from supply portion .I claimed refund from sale tax deptt . the officer says it is not a sale in transit. The contractee gave smae goods to me which i errected . In this situqation who should pay tax of state . and is this not a transit sale?

SHAAN.......   04 January 2009 at 14:10

How to get property back from Tenant?

We have couple of shops at our hometown which is Karnal Distt. in Haryana state. One shop is given at rent from my Grand-father time to the tenant & from that time the shop is with him. After the person to whom shop was given his son was using the shop & now farther his sons are ready to work in our shop. Now we want our shop to free from tenant. Can any one please advice what type of case we should file in the court for this purpose & what step should we take on before filing case?

The building is very old and was build in 1949. It was given on rent in year 1974. Before this we have done a sub-let case in 1984 or so, In which we won at Session Court but Lose at High Court and Supereme Court didn't take the case. After that we did the case only for increasing the rent.
My Father has the property on his name & he has two sons one is me other is doing MBA. So, Can any body advice on this case.
Thanks in Advance.

KANDE VENKATESH GUPTA   04 January 2009 at 13:38

amendment of plaint - collection of court fee

Dear friends, Happy New Year-09.

I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,

KANDE VENKATESH GUPTA   04 January 2009 at 13:38

amendment of plaint - collection of court fee

Dear friends, Happy New Year-09.

I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,

Guest   03 January 2009 at 21:49

interim relief in a suit for the possession of immovable property and mesne profits

A is the plaintiff and elder brother of B, the defendant. A purchased a house in the group housing society, meant for only his organisation employees, after taking housing loan from his organisation and also from thrift and credit society. His younger brother along with his family requested his elder brother to allow him to stay with him for some time. Later on, the younger brother forced the plaintiff to vacate and stay in the first floor and illegally occupied the ground floor. The defendant also was forcing the plaintiff to sell half of the property to him. When the plaintiff filed the case for possession of immovable property and mesne profits for Rs.5000/- per month from the date of suit, the defendant resisted by saying that actually, he financed the plaintiff to purchase tghe property and that is why he hasgot rights in the property. The clear title is in the name of plaintiff and he is still paying instalments to his employer for the housing loan. In the case the pleadings are complete and the evidence is yet to start. The defendant is prolonging the litigation by filing frivolous applications.
Now my question is:
Under what order and rule of C.P.C., the plaintiff can move interim application seeking interim relief of Rs.5000/- per month from the defendant, as the plaintiff is paying electricity, water, housing society and other maintenance charges. Kindly advice me and sincere advance thanks.

KANDE VENKATESH GUPTA   03 January 2009 at 21:40

what is the effect of amendment

Dear friends, Happy New Year-09.

I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,

kanwar Lal   03 January 2009 at 19:32

revision to high court

customer filed suit for permanent injunction for restraining the defendents not to repossed the vehicle forcibally and illegally. company filed section 8 application of arbitration act before the court for transfering the dispute between them to the arbitrator because there are arbitration clause in the loan agreement. court dismissed the application. can company go for revision to HIGH COURT Is it maintable.

Arihant AC   03 January 2009 at 19:05

Whether ESIC is Applicable ?

Respected Experts,

I want to know that whether Pathalogical Laboratory are coverable under ESIC Act 1948 or not?

Please Reply soon

Regards
NAC

esther   03 January 2009 at 17:02

christian property rights

dear sir ,please let me know what are the rights of a girl in christian property rights. this is very urgent,after knowing the rights ,i would like to post my query.thank you.

samudra   03 January 2009 at 16:59

Adoption...

Dear Friends,


1)Can some kindly Explain me what is Goda datta adoption/Act(Act which is followed for Adoptions, before 78 of HA&MA 1956 enacted),i mean its TEXT etc.


2)A person/s prepares an Adoption deed in the year 1971,saying: "The adoption ceremony of the said Boy had taken place in the year 1955",now(in the year 1971) we do here by DECLARE and RATIFY the Boy is our Adopted Son. How far this action is valid in The EYE of Law?