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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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P.SHANMUGASUNDARAM   12 March 2016 at 16:29

Set off loss

An assesse getting Business Income as Interest on Capital and Partner Salary from a Firm in which he is a Partner amounting to Rs.10,00,000/-. During the same financial year, he incurred loss from Derivative Business (Future & Option of Shares) done through Recognized Stock Exchange amounting to Rs.15,00,000/-. Whether this Business Loss can be set off against the Business Income of Interest on Capital and Partner Salary from a Partnership Firm

Nanda   12 March 2016 at 14:45

Unclear orders of district consumer court

Confusion in District Consumer Court's Judgement
Sir, I had a case with Bank wherein Bank had sanctioned CC limit to me But was charging higher interest as per Term Loan.A complaint was filled by me in DCC. The president observed and concluded that interest is to be charged as per rate in the CC limit but in the operative while giving directions to the Bank, did not mention the word "CC Limit". As such the orders can not be executed. Can we give application to the DCC to clarify the Order? I shall be really obliged if any citation is given Thanx Nanda

sagar Rao   12 March 2016 at 14:24

Illegal construction of residential house - case dismissed by court

Sir/Madam,

I had given complaints on my neighbors for unauthorized & illegal constructions in Greater Hyderabad Municipal Corporation for which GHMC had taken the action to demolish the construction, but our neighbors went to court and got stay order and completed their house construction successful.

Case was running in court between our neighbors and GHMC from the year 2013, regularly I was checking status of the case on ecourts portal.

Today I seen that case was dismissed because of reason mentioned below

Business : Plaintiff called absent. No representation is made on behalf of Plaintiff till 5:00 P.M.. Costs not paid. Plaintiff called absent on 28-10-2015, 24-11-2015, 30-12-2015 and today. No evidence is adduced by plaintiff inspite of conditional order, dated 30-12-2015. In the result, this suit is dismissed for default of plaintiff. No costs.
Nature of Disposal : DISMISSED FOR DEFAULT
Disposal Date : 20-01-2016
II Addl. Senior Civil Judge

In these regard I would like to know what is the meaning of Dismissed for Default, as the case is closed without seeing the illegal constructions like not maintaining setbacks, built compound walls on road by occupying government land and taken G+1 floor permission but built G+4 floors.

I am facing lot of ventilation and other problems and same was written in my complaints to GHMC, I would like to know whether my problems are not considered in court or not.

If not consider what option left to me, please guide me.

Thanks,
Sagar









Vicky   12 March 2016 at 13:36

Can father act as a witness during property registration

I have purchased a duplex in greater noida. And registery to be done at dadri.for.registery i need two witnesses.
Can my father be a witness for this.

Anonymous   12 March 2016 at 13:00

Issue a loan other then GR limit.

Can bank issue a loan other then it's territorial limit, if in case it take guarantee which is not in its limit can bank have right to seize it.

Ashish Ramawat   12 March 2016 at 12:42

Buy back of equity shares

A pvt. limited company wants to buy back 20% of its equity shares. Can this be done.
The limit of buy back is 25% of piad up equity capital and free reserves or just 25% of paid up equity capital

ROHIT SHARMA   12 March 2016 at 12:29

date of birth

I have made my birth certificate as same as my matriculation particulars. As 29.07.90 as there is no change in my name and parents name.but i came to know that my dob certificate is not original . I have submitted my date of birth certificate which is not original along with my 10th matriculation certificate in my govt psu company.can there any cause of being worry about that as i am being already passed my probation period.

Soujanya   12 March 2016 at 11:38

Ni act case - part payment during trial

Dear Sir

I filled a NI act case on one company wherein they dishonored one cheque of Rs.20 lakhs in the year 2008. The case came to trial in 2011 and we submitted all the evidences and final affidavit. The accused did not attend the court between 2011-2016 till last week. NBW was issued and he was arrested last week and released on the bond. Since the case is pending since last 8 years court instructed to commence the balance trial immediately.

In 2014 he came to me and agreed for the settlement and written the agreement to pay the amount with 10% simple interest from 2008. He cleared part amount in 2014 and the same was sufficient to take care of the agreed interest.

Pl advice the following:

a) during the trial shall we disclose the said agreement (the accused may deny the agreement eventhough he signed) and inform the court about the receipt of the part of money.

b) If it is informed to the court either by accused or me, will it be treated as the part of the cheque amount and instruct them to pay the balance only.

c) As the payment was received in 7 th year and the same was towards the interest only, can we present the same to the court.

d) The accused avoided the court for almost more than 5 years and now i understand that he may pray the court that he has paid some amount against the cheque and he will pay the balance and request the court to relive him. Is it possible.

Kindly advice

G.M.Rudraswamy   12 March 2016 at 10:08

Will

Sir i want one legal advice on will property that, 'A' the executor of will died intestate leaving behind a registered will wherein executor daughter in law - 'B' having enjoyment of life interest on the will property and according to terms of will after her death only the said will property shall be devolved in favour her children C,D,E,& F... 'B' is live now and now "B" along with her children viz., C,D,E,F both jointly can sell the will property in favour prospective purchaser....

gmrswamy85@gmail.com