Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aksh   27 April 2016 at 14:43

Process/format of filing peition/appeal/suit in high courts (gujarat)

Hello Experts,

Brief of the subject matter is as follows...

I had bought a property being land, building and machinery in a public auction conducted by GSFC(Gujarat State Financial Corp.) in 2010 which was duly submitted for registration with the concerned registrar in 2012. The sale deed document was impounded by the registrar and sent to the deputy collector (DC) u/s 32(A) and 33 of Gujarat Stamp Act for valuation of stamp duty payable. Despite submitting various judgments by high courts and even supreme courts clearly stating that no such deficit amount is payable in the given matter, Deputy Collector passed an order asking to pay deficit stamp duty u/s 32(A) and 33. This order was challenged in appeal u/s 53(1) with Chief Controlling Revenue Authority (CCRA), Gandhinagar, Gujarat. He revised DC's order cancelling stamp duty payable u/s 33 but still kept 32(A) which is not at all payable and I've 4-5 judgements by honourable Gujarat High Court in support of my claim. As recently as in April-16, honoruable Guj. High Court has quashed and set aside CCRA's order in similar matter.


The stand taken by the revenue authority in such matters, which is well settled through earlier judgments by various honourable high courts and specifically by honourable gujarat high court, really baffles me and is beyond my understanding.

Now, I want to challenge CCRA's order in Gujarat High Court, if feasible, through party in person. I want to pray for following...

1. To set aside CCRA's order
2. To declare sale deed as sufficiently stamped and refund 25% of the deficit stamp duty asked in DC's order and paid towards filing an appeal with CCRA u/s 53(1) with 15% interest
3. To compensate for the loss of business at 15% interest on the amount invested in the property.
4. To penalize the concerned authority/officers of the stamp valuation department for gross negligence, arbitrariness and misuse of power causing unwarranted delay and thereby loss of business.

I'm looking forward for your guidance regarding filing procedure and format of petition/appeal/suit etc. as relevant in the given matter in honourable Gujarat High Court.

I'll appreciate your valuable advice/guidance on the same.

Thank You.
Aksh

SIVA   27 April 2016 at 14:34

Regarding applying passport

Hi

Recently my brother made a car accident while he driving a car, He hit a guy who crossed the road in bike, luckily the guy in bike is slightly injured & doing good now. But he filed a case against my brother and FIR raised. Now my brother got a onsite opportunity and he is in the need of applying passport. And in the passport application there is a question " Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending
before a court of India? " Whether Here my brother need to specify regarding his case & FIR number . If specified there will be a issues in receiving the passport ?
Pls advice

Tarun Yadav   27 April 2016 at 14:33

Threatning from wife

MY WIFE IS THREATENING ME FOR LODGING A CASE OF DOWRY/ DOMESTIC VIOLENCE. IN 2014 I HAD LODGED A FIR AGAINST HER AS SHE HAD BEATEN MY MOTHER AND MAN HANDLED ME AS WELL, FURTHER I MENTIONED THAT SHE CAN FILE FALSE COMPLAINT FOR DOWRY OR DOMESTIC VIOLENCE.

HOWEVER POLICE HAD NOT ACTED. NOW WHAT SHOULD I DO IN THIS SITUATION, SHOULD I GO TO POLICE TO PRE INFORM THEM OR SHOULD I TAKE LEGAL ADVICE OR IS THERE ANY HELPLINE FOR VICTIMIZED HUSBANDS.

Roshan Singh   27 April 2016 at 12:59

Atm card misuse of deceased person by his son

Hi, My name is rahul. i want to ask one question about ATM CARD MISUSE AND FRAUD.

Jaigopal Soni   27 April 2016 at 12:49

Environment protection act, appeal u/s 16 of ngt act against ec granted

I want to challenge an Extension of Validity granted to Environment Clearance for 2x500 MW Marwa Tendubhata Thermal Power Project on the ground of suppression of material fact, in adequacy of EIA studies, submission of false facts about area of land used, number of person displaced, non submission of topographical map and exact khasra numbers acquired by project proponent deliberately and specially on the ground that R&R benefits as promised during public hearing on the basis of which earlier EC was granted is not given even after passing 5 years. Project proponent has also not submitted any application for extension of validity of EC before expiry of it in prescribed format along with updated Form-I and status of compliance of earlier EC. but section officer accepted the application for extension validity of EC without receiving updated Form-I even after my objection and placed it before EAC bypassing the rules made under EIA notification and E.P.Act.
All the ground has already been put before Expert Appraisal Committee which has been not addressed and project was recommended for EC to regulatory authority. Regulatory Authority was also requested not to accept recommendation and return it to EAC for further clarification in the issues raised but regulatory authority granted extension to validity of EC expired even without receiving updated Form-I before expiry of it.

I want to appeal in National Green Tribunal Bench Sitting At Bhopal through speed post under section 16 of NGT Act. Need drafting services urgently.

Umang Saluja   27 April 2016 at 12:33

Gambling Law and Cyber Law

I want to ask experts about the legality of gambling in india.. as i have seen 1 website that is bet365.com which offers to bet almost in every game. That is a UK based site, and its all legal there. Check out the website, and its all responsible gambling, they are licenced and everything seems to be perfect.

Just i wanted to know its legal consequences in India. (As i have heard that making any bet to indian bookie is illegal, so that website is UK bookie)

My Client need advice regarding this.. Please Help.. ASAP

Anonymous   27 April 2016 at 11:58

Caste certificate verification during probation

Respected Experts,
I am a probationary officer in bank with 10 months of service. I belong to Scheduled Tribe catagory for which I had produced caste certificate to bank. On verification, bank officials have notified me that my caste certificate has been cancelled in 2012. Though, no certificate cancellation notification has been received by me till now. And thus I claimed seat in reserved catagory. But now the bank has said that I falsely produced certificate and my services will be terminated.
Please tell me what can I do in this regard.

raju   27 April 2016 at 11:51

Father giving gifting deed to elder son ignoring small son

My father bought 62.22 yds in vijayawada, while retiring with an amount of Rs.5.90 lakhs (source of unds is 1.90 with his retirement funds as Dhobi and 3+1 lakhs loan in sbi) for which Me last son and sister were sureity.
Later constructed g+1 house with 7+2.7 lakhs for which we both stood as sureity. I have three sisters and one brother, 3rd sister unmarried and me married. My unmarried sister staying at ground flor with my father and brother with wife staying at upside without rent. Now my brother have purchased flat and not willing to vacate the house and not agreeding to give fund for sisters marriage
We quarrlled with eachother and now Father is willing to Gift deed to my brother ignoring the small son and unmarried sister,
Whether my signature is required or not for gift deed?
Gift deed means? and whether i have any rights or not who stood sureity in all the loans?
The house is not slef acquired by my father (just 1.90 lakh of retirement funds) and loans paid by my sister and me, but borther is tricking and creating troubles and favoured my Father who is cheating all the family members.
Please give me some idea, i am very desparate.

Janhavi Mantri   27 April 2016 at 10:30

Sale of property

Dear Sirs,

I have a property in Nerul which I am selling to someone. This guy has applied for a loan. He gave me some amount in advance. For remaining amount he says that bank wants him to first get the agreement registered and transfer the property in his name only then the bank will give a cheque balance amount to me.

My question is how can I transfer my property in advance without getting any payment ?

Please guide.

Regards,

Janhavi

sunnyonemorevictim   27 April 2016 at 10:05

Documentary evidence related queries

message deleted...
message deleted...