S.D. Singh
01 July 2015 at 22:12
Sir,
Can a power of attorney holder can file and represent case us 138 of nia act including recording statement u/s 200 etc.
Member (Account Deleted)
01 July 2015 at 21:54
Hi sir, greetings, my grandfather purchased 1 acer land in my grandmother's name in Tamil nadu. During her life time he has changed patta in his name without her consent. But the registered document is in my grandmother's name. Donno how he got changed. Now both of them are dead. My grandfather got second marriage when my grandmother was alive. His second wife is alive and has 2 sons and 1 daughter. My father is the only son for first wife. Now will the land considered as my grandmother's or grandfather's. Will the second wife children will get shares in this property. Second wife, my father, her 2 sons and a daughter's name is included in legal heir certificate. But the land registration document is in my grandmother's name.
Abhishek Roy Choudhury
01 July 2015 at 21:02
Dear Sir,
My query is that a female assesse aged about 45 years have filed a divorce
petition against her husband and court has ordered the assesse's husband to give a certain amount of money to the assesse every month which the assesse receives vide ECS in her personal savings bank account. The amount received in this F.Y. 2014-15 is under the tax slab of Rs. 2.50 Lacs to Rs. 5.00 Lacs. My question is whether the amount received is taxable under the I.T. Act and whether the assesse needs to file a return and if yes then under which head the income will come and which ITR needs to be filed for this kind of income.
Please suggest at the earliest. I am waiting for your reply.
Thanking you in advance,
Abhishek Roy Choudhury.
Anonymous
01 July 2015 at 20:39
Sir, I am a permanent primary school teacher in a state govt. undertaking govt.primary school. But want to go for the higher studies in law and I have taken admission in a full time 3yr, ll.b degree and have submitted my all supporting documents of my employment to the university. And I ask for a 'no objection certificate' from my employer but did not get the 'noc'. But I am continuing the full time ll.b course by taking all the valid leaves i.e. C.L/without pay leave. And my attendance for the class is perfect and regular.
My question is that after getting this 3yr, full time, ll.b degree, in future can I register my degree in the Bar Council of India as an advocate, if I resign from my job at that time? And at that time can I go for the judicial exam or any other law based exam for govt. Job? And is there any chance to face any legal problem on the matter of this degree, if so, what should I need to do at that time?
Please, help...
jay
01 July 2015 at 19:30
Respected Sir
I am jay bhogaita, I just recently switched my job my previous Company is not giving me salary of month of May 2015 & June 2015 as they are saying I had to give notice period of 45 days.. If I do so then they will give me salary... So legally they are right ??
My question no. 2 about Bonus & Provident Fund :-
I joined my last company in August 2014 I worked there still June 2015 now they deny to give me bonus of 8 months as they are asking about notice period so are they Right ??
As per rule if salary is below 15,000 rs per month they have to give provident fund and my salary at there 14,000 per month... I asked my PF number they answering same without notice period you can't have....
So they are legally right about salary, bonus & PF holding ?? Or can I complain my previous contractor company to principal Employee ?? Please Answer me Sir...
Ria
01 July 2015 at 18:59
Respected Experts,
The regular court judge had gone on leave for 6 months and during that period matter was transfered to incharge court.
The Plaintiffs lawyer appeared twice in that court and then later did not appear for more than 12 hearings.I applied for dismissal of suit and Interim applications filed by Plaintiff.
The incharge court while vacating a temporary injunction specifically stated that plaintiff has failed to appear regularly before this court.
Now when the regular court has come in session the Plaintiff has suddenly appeared. The court has given time to file objections to my application for dismissal of suit.
Please guide.
Suresh Babu Rai
01 July 2015 at 18:37
Respected Senior’s:
One of my client facing trial for the offences punishable under Sec. 417, 420 of IPC R/w. Sec. 4 of Dowry Prohibition Act. The prosecution version is:
The accused made false promises that he loved the complainant and will marry her, and sexually enjoyed with her. When the complainant asked to marry the accused was refused to marry her, and demanded Rs. 10 Lacks dowry. Due to which the complainant vexed on her live and consumed sleeping tablets and attempt to commit suicide. This is a case of cheating dishonestly by believing to perform marriage and used for sexual desires and used her. The complainant is studying B.tec final year (22 Yrs). Since four years the accused frequently visited the house of complainant. On that process of visiting house the accused followed the complainant induced with false promises that he loves her and he would marry her, threatened her that, if the complainant refuses his proposals he will die by commit suicide. On that the complainant accepted the love of accused and she falling love with him and moved closely. On observing in the same the accused admonish, but he promised that, he loving the complainant and would marry and used her on the name of love. Recently the complainant asked the accused to marry her, but the accused refused. Finally a Panchayat was held wherein the accused demanded Rs. 10 Lacks towards dowry for such marriage. Hence remand.
The Police also filed the charge sheet for the offences under Sec. 417, 420 of IPC R/w Sec. 4 of DP Act and examined the family members and Panchayat elders. Under case dairy part-2.
That during the pendency of the above case, one of our brother Advocate has filed a petition under Sec. 24 (8), R/w. Sec. 302 of Cr. P. C as follows:
The petitioner herein is a victim of sexual offence and needs assistance in understanding her rights, the procedure of trial and also assistance during the trial and if needed to take steps on her as permitted by law. As per the charge sheet, the crime perpetrated is under Sec. 417, 420 of IPC and Sec. 4 of the Dowry Prohibition Act. The complainant in the present case and the evidence collected by the Police in terms of Part-II statements, show the commission and culpability of the accused Under Sec. 376 (punishment of rape) in addition to the charges listed on the charge sheet and there needs a petition for addition of charges through the Public Prosecutor subject to the discretion of Public Prosecutor. It is prayed that the court may be pleased to grant leave to have the counsel for victim.
The petition is still remained unregistered and the JMFC sent the same for check and put up, directing the so called Advocate to furnish me a copy of the same enabling me to file counter.
Now the question is;
Whether the JMFC can permit an individual Advocate to assist the APP Under Sec. 24 (8) of Cr. P. C.
The act says:
The Central Government or The State Government may, appoint for the purposes of any case or class of cases a person who has been in practice as an Advocate for not less than ten years as a Special Public Prosecutor.
As per my knowledge the courts will permit the assistance to APP in rare and rarest cases, but not in a common case like case of my client. Taking the facts and circumstances, the above case does not fall within the ambit of Sec. 376 of IPC.
Can I file my counter in detail defending the subject matter of the petition filed under Sec. 24 (8) R/w Sec. 302 of Cr. P. C in dismissing the above petition as the JMFC do not have rights under Sec. 24 (8) of Cr. P. C.
Need Suggestion.
Thank You One and All.
ARTI GUPTA
01 July 2015 at 17:51
Actually my mother's sister in law residing at Ground Floor is harassing us
> in context to a small store under the staircase leading to Ist Floor.
>
> On the basis of actual wordings of the deceased stated below in inverted
> commas( i.e my mother's mother in law & her sister in law' mother), Please
> help us with our query.
>
> " I DEVISE COMPLETE IST FLOOR TO MY DAUGTER IN LAW RUHI GUPTA & SECONDLY I
> DEVISE THE COMPLETE GROUND FLOOR OF HOUSE NO___________ TO MY DAUGHTER
>AKANSHA ALONGWITH THE OPEN SPACE IN FRONT OF THE BUILDING".
>
> the problem is that we have lost the case filed by my mother's sister in law
> which was filed for a small issue ie store located under the staircase.
>
> My mother's sister in law was earlier residing in old delhi after her
> marriage, But now after her husbands death she has come at her mothers place
> in ground floor as stated in the will of her mother.
>
> after losing the case we have vacated the store .
>
> After losing the case 2 years back we were handing her the possession of
> store with proper receiving, But she refused to sign any receiving but
> instead asked us to give an undertaking that entire ground floor is her as
> per her mother's will.
>
> Till date the keys of the store are with us due to non exchange of receiving
> & undertaking.
>
> Now they have through court served upon us a show cause notice as to why the
> keys have not been handed over to them.
>
> This is the reason why I wanted to know the correct interpretation of clause
> stated above because under the veil of show cause notice they want us to
> give an undertaking that entire ground floor belongs to them as per will.
>
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Action not taken against my complaint sec 354d,504,506
there is a person who is pasting photos of my friend(girl) with address and contact number on facebook. and writing that she use to sex openly. i complaint to police and make a fir. six month has gone no action is taken yet, i have written to national women council but 3 month has gone no response is there. i complaint mahila prakostha but by political approach and money approach that guy forcing to take FIR BACK. 6 month has gone after complaint, he is continiously running facebook account and continiously posting photos and writing abusive language continiously.Police person are saying take back the report we are unable to do anything. please suggest.