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George   04 April 2018 at 12:54

Macp

Sir I joined central government service in 1985. In 1988 got direct selection in higher grade. Later got one regular promotion & one Macp. Am I eligible for 30 years service from 1985 for 3rd macp. Kindly advise & obliged

Kumar   04 April 2018 at 12:35

Income tax

Sir Trade unions are exempted from payment of income tax under section 10(24). Can Banks give exemption from TDS recovery on interest earned by Trade unions based on this section

Shittu kumari   04 April 2018 at 12:28

moot court problem

1) Mr. Ashok, a Hindu by religion married Miss. Sanjana on 17th November, 2011 as per Hindu rituals. Thereafter they resided in the matrimonial home with the parents of Mr. Ashok. Mr. Ashok�s mother was an orthodox female and had high belief in mythology and in Hindu God. She had firm belief that to attain Moksha, a man needs a son, therefore she always insisted on Sanjana to conceive and give the privilege to them of being grandparents to a grandson. 2) Miss. Sanjana delivered a baby girl on 9th April, 2013 and thereafter differences arose between them. Ashok�s mother continuously passed insulting remarks upon Sanjana and her baby girl. She often remarked that if Sanjana does not give their family a boy, she will ask Ashok to marry another girl. Several times Ashok fought with his own mother, telling her that he is satisfied with his wife and has no complaints from her. Sanjana started persuading Ashok to leave the house of his parents and move to a new house to which Ashok never agreed. He was adamant that he wants to stay with his family. 3) Finally on 22ndDecember, 2013 Sanjana, frustrated with the constant bickering and inability of her husband to change residence, decided to leave the matrimonial house with her daughter and return to her parent�s house. 4) Ashok visited Sanjana�s house several times. However never found her at home. He could never even visit his daughter because Sanjana was never available. Finally, on 2nd January 2016, Ashok frustrated with Sanjana, filed for divorce u/s 13 of the Hindu Marriage Act alleging desertion by his wife. The summons was issued to Sanjana at the address shown but the same were returned by some Ms. Asha marked as �refused to accept�. The family court considering it as good service proceeded with the matter. 5) The petition was heard ex parte and on the basis of evidence adduced by Ashok, the family court granted divorce to the husband on 16thSeptember, 2016. The copy of the order was sent by Ashok to Sanjana on the address provided. 6) On 25th February, 2017, Ashok married Miss Pooja, a Hindu by religion. Pooja conceived Ashok�s child and was due for delivery on 13th April, 2018. Meanwhile, Mrs. Sanjana filed an application on 3rdOctober, 2017 before the High Court, for condonation of delay for filing appeal against the decree of Family Court granting ex parte decree to Ashok stating that she was unaware of the proceedings as the summons were served on the address on which she was not residing. She also stated that her parents moved to a new house and accordingly, she also went to the new house. Furthermore, she never had the intention to desert Ashok but only wanted to teach his mother a lesson. She argued that she was frustrated with the constant remarks by Ashok�s mother and hence decided to leave the matrimonial house but never desired to sever the matrimonial bond. Decide.

Abhishek Jain   04 April 2018 at 12:15

Transportation freight balance issue

Dear Sir, We are transporter. Last year Seller has asked us the quote for consignment which we sent to buyer for confirmation. We got confirmation and we started sending consignment in 5 parts. Total frieght of deal was 557000/-. The Buyer has sent us payment of 400000/- once the 4 out of 5 vonsebment sent. Remaining balance of 157000/- the Buyer was supposed to pay after the last consignment. Now we have completed full delivery within time frame. And we asked for our balance payment. In between the Buyer had some issue with Seller and he holded our balance payment. Now it's almost 1 years those guys are not even replying or reverting on our balance payment. We have gone to each possible way to speak to them but unfortunately an answered. In my last call to buyer, they told me " we don't know you. Don't call here". We are planning to take legal action what should we do. We have all proofs like mail confirmation, invoices and mail remainders etc. Please suggest. The buyer is at Kerala and we are here in Ahmedabad.

Abhishek Jain   04 April 2018 at 12:12

Transportation freight law

Dear Sir,

We are transporter. Last year Seller has asked us the quote for consignment which we sent to buyer for confirmation. We got confirmation and we started sending consignment in 5 parts. Total frieght of deal was 557000/-. The seller has sent us payment of 400000/- once the 4 out of 5 vonsebment sent. Remaining balance of 157000/- the seller was supposed to pay after the last consignment.

Now we have completed full delivery within time frame. And we asked for our balanve payment. In between the seller had some issue with buyer and he holded our balance payment. Now it's almost 1 years those guys are not even replying or reverting on our balance payment. We have gone to each possible way to speak to them but unfortunately an answered. In my last call to Seller, they told me " we don't know you. Don't call here".

We are planning to take legal action what should we do. We have all proofs like mail confirmation, invoices and mail remainders etc.

Please suggest. The seller is at Kerala and we are here in Ahmedabad.

Anonymous   04 April 2018 at 08:19

Award set aside, re arbitration possible ?

Arbitral Award passed in 2012.

Respondent Filed Petition u/s 34 in 2013.

Defense taken that he had no knowledge of Award.

Arbitral Award Set Aside By Court in in 2018.

Now, What should Claimant do to recover his Money?

Can he go for Re-Arbitration after so many years ?

Regards

Anonymous   04 April 2018 at 08:07

Womens rights - hindu succession act

PART I

Thanks for lawyer’s learned opinion. Kindly clarify for my specific situation. Kindly keep in view the 1956 act, 1985 Andhra Paradesh amendment, 2005 Parliament amendment, 2016 justice Nariman judgement and 2018 justices Sikri & Bhushan judgement.
1. I am a married Hindu woman from Andhra Pradesh. My father had 2 children: a son (my brother) born in March 1954 and a daughter (me) born June 1956. My father was only son of his adopted parents. I was married in 1973, received no dowry and was living separately. My brother was married in 19735. In 1986 my father and brother partitioned the ancestral Property (AGRICULTURAL LAND situated in Andhra), 11 acres for my father and 14 acres for my brother. I was left out. I think this is against the 2015 NTR government amendment giving right to daughters. Later, my brother pledged father’s land fraudulently and it is gone. Brother’s property is safe. Brother drove away father and mother in 1998. They were living with me till the end. My brother died in 2002 without making a will, leaving behind his wife and 3 daughters ( born 1976, 1979, 1982). Father died 2014, mother died 2016. Both made wills in 2007 leaving “any property then owned or will get in future” to me. But, sister-in-law kept refusing to give share to my mother when she was alive, and later, to me..
I have two questions:
1. Am I entitled to a share, like my brother, in the ancestral property of my grandfather?
2. Do I have right to 1/5th share of my brother’s property, which my mother became entitled to when my brother died intestate, and my mother passed on to me by her 2007 will?

PART II

Kindly give your valuable opinion on the following concerning my matter.
My sister-in-law (my brother's widow) is refusing to give me 1/5th share. She is giving me the following 2 arguments:
1. She has partitioned my brother's land between her 3 daughters, registered them and obtained passbooks for their shares from revenue Department. So, there was no land left for my mother. And my mother cannot make a will of something she does not have. (I think this is not correct, my mother can pass on her share by will, even if she did not possess the land).
2. My mother's share is only 1/20th and not 1/5th. As per the 1985 Andhra Pradesh amendment (made by NT Rama Rao government), her 3 daughters get coparcenary rights along with their father by birth. On my brother's death intestate, my mother can only get 1/5th of his 1/4th, that is, 1/20th. (I understand this argument is not correct. since her 3 daughters were born before 1985, the AP amendment will not apply. Also the 2005 Parliament amendment will not apply since my brother died in 2002.


GOVIND KUMAR CHOUDHARY   04 April 2018 at 05:49

Wasiyat Nama

My Grand Mother made Wasiyat Nama and gift to my Aunt. How can I get my share in this property.

Anonymous   03 April 2018 at 22:38

Legal Notice

Sir, I stay in an apartment where we have to pay rs.300 as maintenance initially we used to pay maintenance regularly as the society and its functions were running smoothly but later there were major changes in the functionality like they sent no one to take maintenance, no proper meetings, no information about meetings to be held, removing of old staff without informing us, etc. we have residential and commercial complex here so the shopkeepers have taken the charge in their hands and they don't pay maintenance because they say that they don't use water and electricity as they have there separate connection but they want us to pay maintenance... we haven't paid maintenance because society is not comprising of any official members they are voluntarily running it and aren't holding meetings, not sharing information about anything, they don't take permission and do everything directly and now they have said that those who have not paid maintenance will be slapped with legal notice so can they do so?? ehat should we do now?? plz help

Kumar Birendra   03 April 2018 at 22:09

Termination of contract service without notice

Dear Sir ,
I was contract employee of consultant name Genius Consultant Ltd for the work of Bosch Ltd (Automotive Aftermarket ) in india posted at Ranchi in Jharkhand . Both have nationwide establishments. Terminated was about two months back. I sent a objection letter challenging their termination being Wrongful. Now i want to file a case in court
Please suggest me in which court and under which section i should file case if possible with related section also


Birendra Singh

9102174757