raj bhatia
23 April 2016 at 09:37
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
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
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
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 ?
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
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
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
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
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.
Non payment of rent & refuse to vacate property
A Partnership firm registered in 1980 with 5 partners share holding ratio 20% each.( A-20, B-20, C-20, D-20 & E-20%) While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 25% partner D 25%partner E- 25% but the amendeed deed was not registered .now Partner A& B have entered into a leave and licence agreement for 5 years with a third party without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil court for termination of agreement starting the agreement should be null and void as we they have given no authority to partner a and b to sign any document on behalf of the firm. , Partners have got statasco order from court but the status quo order was only it seems they will not create third party or transfer the property which even they have given in writing. And it become absolute. The orther partner brought of notice of motion stating that till the suit is decided in the city civil court kindly deposit the rent amount in court . but that notice of motion was rejected on the grounds stating that in the main plaint partners (C, D, & E) have not asked for money so on that grounds notice of motion was rejected. then other partners brough chamber of summons in city civil court to amend their prays but even the chamber of summons was rejected on the grounds that you are changing the main structure of your plaint - now the other partners have filed. Writ petition in high court for asking that the chamber of summon should be granted and that that matter is still pending in high court.now its been almost 5 years that the licence has not been paid their share of rent while partners A&B are taking there shares of rents ie.20% each. In the court they are just getting dates and the party is enjoying thier premises by just paying the rent to the 2 partners in their respective ratio. . But the contention is that the partners A & B may renew the rent agreement which is due shortly. without other partners i.e C,D & E concurrence. So now partners C, D and E have filed an injunction suit against partners A and B that without the consent of partners they shouldn't renew or sign any leave and licence document on behalf of the firm that matter is also still pending . now even the contract of leave and licence agreement has been expired , now neither the lisencee is paying rent to the other partners and now even refuse to vacate the premises . kindly advice what prompt action the partners should take to safeguard the property and also get rent for last 5 years .