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raj bhatia   23 April 2016 at 09:37

Insolvency

I am thinking of filing for insolvency due to heavy losses in business. I do not own any assets.Please advise what happens after I file insolvency petition and I win in court. Will I be able to lead a normal life again. Can I get a job? Will I be able to get ancestral property?

n v subba rao   23 April 2016 at 09:24

Property given as security for bail is sold without court's knowledge

Hi,
In the current case, we are the plaintiff. We won the Sec 138 of NI act case both in the trial court and sessions court. HC gave conditional bail and ordered to furnish immovable property as security along with some cash.
The Defendant provided third party immovable property as security.

The defendant is still on bail.
But the third party security was sold by the owners, few months back.

Now what are the options before us? Can we report this to the trial court where security was furnished or to the HC which granted bail or to both?
How do we report?
What are all the possible actions court might take?
Our advocate never come across this situation. Hence you help is really appreciated.
Thanks

josephraj   23 April 2016 at 07:16

Nri money

my son is an nri in usa. if he sends money for me to construct a house at india . is it taxable?

sonu   22 April 2016 at 23:40

Deemed coveyance

Dear sir,
I live in a registered co-op society in thane city. C.C/ O.C all papers are in hand. our society's deemed conveyance process is ongoing in Thane DDR office. As per C.C and O.C plans, society (building A ) is situated on 2 final plot associated with land onwer's bunglow (building B).
( 810 + 820 = Final plot- 1630 sq.mts ). As per C/C & O.C society has plot area of 1300 sq mts. & land owner's bunglow has plot area of 330 sq.mts....after O.C obtained by both building, land owner built a boundary wall and done a partition between society( building A) and bunglow (building B ).. boundary wall is not shown in C.C plan and final layout .... we have recently done a land survey in which we came to know that we have only 1100 sq.mts plot area ( 200 sq.mts loss ) .....Land owner is not co-operating in conveyance process...His advocate put written say in which he said that final plots can not be sub-divided and he cant give land randomly to the society because it is final plot & F.S.I is calculated on total plot-final plot.
Decision is pending......
In this case what will society do ?
Is final plot can be sub-divided when land owner not co-operating ?

Sohan dave   22 April 2016 at 21:01

Professional ethics and alternative dispute resolutions.

Plz let me know if anyone have answers of below questions.
.
Professional ethics
.
1)contempt of court under constitution.
.
2)tek chand vs pramod kumar chaudhry case
.
3)power of bci to prescribe disqualification other than sec 24 -A of advocate act.
.
Adr -
.
1)legal misconduct of an arbitrator
.
2)condition to stay off legal proceedings.
.
3)kinds of arbitration agreement.

Member (Account Deleted)   22 April 2016 at 20:49

NBWA Recall

Dear Learned Members:
The Magistrate has issued NBWA for non-appearance. I've decided to file an application u/s. 70(2) CrPC praying for recall of the NBWA.
I like to know if court recalls the NBWA order, will I have to take bail for the accused?
(Because he won't be arrested as a result of NBWA recall, so why to take bail)

Kindly advise.

Anonymous   22 April 2016 at 20:40

Bank

My aunt who was unmarried. She died in 2002 .at the age of 60.
She had no relatives except my mother
Can my mother claim on her property
But we don't know her bank details
What is the procedure to get her bank details?

jiten   22 April 2016 at 20:36

Division of land

my grand father bought land in 2004 in the name of my father & two uncles.but in property paper,local name/family name(not as per record)of my one uncle has been mentioned.my father & uncle are live but grand father is no more......can my uncle claim his share in land?can only my father & one uncle share land ignoring the uncle whose local name/family name (not as per record)mentioned?

bhavesh kumar   22 April 2016 at 20:32

Mutation on 7/12 of land on oral sell (60acers) in 1955

sir, am recedent of Gujarat by birth, i came to know that my forefather have land in maharashtra about 60 acers. my grandfather's name as occupantin 7/12 till 1955, and then mutation came in 7/12 from ORAL CELL DEED OF (RS.500/-) system which is call VARDI in maharashtra. this transaction is not REGISTRED in SUBREGISTRA office at concend
Taluka. the Bayer thorough oral sell does not have document of registered sell deed. this Land is acquired by MIDC for industrial purpose in 1992 where compensation is 700000 but the second party went to civil court about dissatisfaction of by MIDC's compensation and civil court has directed MIDC to pay 4500000 as compensation. this civil court decision is challenge by MIDC in Bombay high court on grounds that 4500000 competition is not admissible. IN THIS CIRCUMSTANCE CAN I GET THE MONey AS COMPENSATION OR HOW CAN I TAKE LEGAL ACTIONS ? BECAUSE I AM THE ORIGINAL OCCUPANT OF THE LAND BUT BY CHEATING SECOND PARY HAS MADE MUTATION IN 1955 AND FORM THAT HE IS OCCUPANT AND TAKING COMPENSATION.

indistrress   22 April 2016 at 20:17

Return of 498a complainant to matrimonial home

My daughter in law married to my son for 9 years filed for permanent custody of our 5 year old grandson in Sep 2015. Before the petition could be heard, she filed for interim custody in December 2015. She was doing all this, while stationed in Germany where she had gone on a job assignment. During her absence for 14 months, we the grandparents took care of the child along with my son. Because of the impending school admission of the child early 2016, the sessions court granted her 10 days interim custody in December when she had come down to India on leave, when she took the child for a holiday, along with her mother. She returned permanently on 1st April 2016 and started to misbehave and abuse my son in front of domestic help, the child etc. On the 5th April, she forcefully and unlawfully grabbed the child and filed false charges against my son and us (in laws) for torture (mental and physical) and also filed a 498a complaint in the local PS.

The next day, we filed a petition in the court against this unlawful snatching away of the child defying court order of January 2016, wherein it is clearly said that the father is the legal guardian of the child.

Now, the court, has decided to grant joint custody to the parents (4 days with father and 3 days with mother, etc) .

My question is can my daughter in law return to her matrimonial home along with the child, even after she has filed 498a charges against the same husband and in laws?

The police have come and visited our home on several occasions earlier and have found nothing wrong with the family. They have not initiated any inquiry against this 498a complaint also?