Sam G
17 February 2015 at 20:19
Hi, can some one please advise if I can transfer my mutual fund units to my wife as alimony payment without any tax consequences?
I have investment in debt fund and equity fund which are not 36 months or 12 month old respective, so If I liquidate the units I would have to pay short term capital gain and exit load which would be a substantial amount, can some one pls advise if there is a way to avoid redemption by transferring these units to her demat account?
I also read something about opening a trust could be another way to transfer the assets for a particular purpose, can someone can advise about the feasibility of using a trust for payment of alimony? Thanks
SSng Aulakh
17 February 2015 at 20:18
K.a.Experts,
I am appearing in person in Bombay High court as Plaintiff. My suit against my employer company for salary and victimisation is in final stage of hearing. I am cross examining a witness who is deposing on behalf of defendants without written authority from them. He is an employee of one of the defendant companies against whom I have this matter but this witness does not have any written authority from either of the defendant company to depose on their behalf. Defendants companies' Advocates have just planted this witness.
Please go through the ist day cross examination of this witness by me, and advice me what should be my next step.
Shall I cross examine him further or discard his deposition. Please tell me what the law says to:,
If I discard deposition of this witness on the basis of not having authority and do not cross examine him further,
then what about his affidavit of evidence which he has filed under oath denying all my contentions in the Suit ?
Will his Affidavit be also automatically discarded by court under law ?
It should not happen that the court takes his submissions in his affidavit on face value, and deny reliefs to me since I have not cross examined him ?
Regards
Capt Sukhdev Singh
First day cross examination of the unauthorized witness goes as below:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.527 OF 2005
Capt. Sukhdev Singh ...Plaintiff vs The Great Eastern Shipping Co. Ltd. & Ors. ...Defendants
...... Capt. Sukhdev Singh in person, for the Plaintiff. Mr. Raj Patel, Counsel with Ms. Viloma Shah & Mr. Dhiren Durante, i/b. M/s. Hariani & Co., for Defendant Nos. 1 and 3. ....
CORAM : S.C. GUPTE, J.
DATED : JANUARY 30, 2015 P.C. : .
The examinationinchief of the Defendants' witness after the witness is sworn
:Name: Adil K. Anklesaria Age : 49 years Occupation: Assistant Manager Address : GOL Offshore Ltd., Energy House, 81, Dr. D.N. Road, Mumbai � 400 001.
I tender my affidavit of evidence in lieu of examinationinchief dated 19 January 2015. The signature contained in the affidavit is of mine. The contents of this affidavit are true and correct.
The crossexamination by the Plaintiff in person :
Q.1: You have stated in this affidavit that your deposition is based on your personal knowledge. Where have you gained this knowledge?
A: I have gained my knowledge from the records maintained by my office.
Q.2: Are you fully aware about this matter?
A: Yes.
Q.3: Which are the records that you have gained the knowledge from?
A: My office has maintained a personal file of the Plaintiff. I have gained my knowledge from that file.
Q.4: Can you produce that file before the Court?
A: Yes.
Q.5: When will you produce that file?
A: I can produce it on the next date.
Q.6: What are the details in that personal file? A: All personal details concerning the Plaintiff are there in the file.
Q.7: Is it correct that all the knowledge you have about the case is from the personal file of the Plaintiff maintained in your office?
A: Yes.
Q.8: Are you making this deposition on behalf of Defendant Nos. 1 and 3?
A: Yes.
Q.9: Have you been authorised by Defendant Nos. 1 and 3 to depose on their behalf?
A: I have been authorised by Defendant No.3.
Q.10: Can you produce a document of authorisation?
A: I have been in the service of the Company and have been called here to give evidence.
Q.11: So you do not have an authorisation on behalf of Defendant Nos. 1 and 3 to depose?
A: I have no such written authorisation.
Q.12: So what is your interest in coming here and deposing on behalf of Defendant Nos. 1 and 3?
A: I am an exemployee of Defendant No.1 and the present employee of Defendant No.3.
Q.13: Are you aware that if a witness makes a false deposition or gives a false evidence whilst in the witness box, he can be charged with the offence of giving false evidence?
A: Yes.
Q.14: What are the reasons for your resignation from Defendant No.1 Company?
A: I resigned for better prospects.
Q.15: After leaving Defendant No.1 Company, where were you working?
A: I was working in Jubilient Enpro Ltd.
Q.16: Why did you leave Jubilient Enpro Ltd. and join Defendant No.3 Company?
A: Because I was given a better offer by Defendant No.3 Company.
Q.17: Do you have anything to show that you actually joined Jubilient Enpro Ltd. in between your services with Defendant No.1 and Defendant No.3 Company?
(The question is objected to by the learned Counsel for Defendant Nos. 1 and 3. The objection is overruled).
A: I can try and get the relevant documents.
Q.18: When will you produce these documents?
A: I shall try to produce them on the next occasion.
Q.19: Since you were not there either with Defendant No.1 or Defendant No.3 between August 2005 and May 2007, from where did you gain knowledge about the events that transpired between August 2005 and May 2007?
A: I gained knowledge concerning events during this period from the personal file maintained by my office in respect of the Plaintiff.
Q.20: Who has prepared the affidavit of evidence that you have signed?
A: The affidavit is prepared by my Advocates on my instructions.
(This answer is recorded by the judge himself, since the witness remained mum and did not answered anything)
Q.21: Do you mean to say that whatever knowledge you have about this particular case and about the Plaintiff is gathered only from the personal file maintained by your office?
A: I was working with Defendant No.1 from April 1998 to August 2005. During this period, when I was working as Fleet Personnel, the Plaintiff also worked with Defendant No.1 Company and I also have personal knowledge of signing on and signing off of the Plaintiff during this period.
Stand over to 4 February 2015 at 3.00 p.m.
( S.C. GUPTE, J. )
(later adjourned to 27 Feb 2015)
J K Agrawal
17 February 2015 at 20:08
Dear Sirs
In a case, in a road accident X, his wife and 2 daughters died, 2 sons survived.
I represent the case on behalf of insurance company and I want say that while calculating compensation due to death of Mr X, the entire compensation amount, as calculated ordinarily, should be computed but as 3 dependants also died so the remaining sons should be entitle to only 1/5 each of entire computed amount.
Please guide me if I am right?
I will be much obliged if you suggest any citation in favour of me or against me.
Obliged.
tagoretiwari
17 February 2015 at 19:41
Plaintiff initiated suit is going to be dismissed by the court shortly because plaintiff not coming with evidence. he is telling that if i do not pay the demanded amount based on forged agreement of sale, he is threatening that he will go for appeal. the matter is right now with sr. civil judge and once the case has been dismissed, where the plaitiff will make appeal. he wants to prolong the litigation. whether can i pay the amount or continue the litigation, in case he files appeal. the plaintiff entered the court with unclean hands with forged agreement of sale. what is your suggestion.
chirag thakkar
17 February 2015 at 19:08
Is there any provision under the Maharashta Co-operative Housing Society act which states that '' The society can sell the flat of an individual, if the owner of the flat has not paid the dues''.
If Yes, then under which circumstances or otherwise.
Help Appreciated
Thanks and Regards.
Arvind Pal
17 February 2015 at 17:54
Whether specific exemption issued prior to negative list w.e.f. 1.7.2012 will continue even after negative list regime.
Vaidyanathan
17 February 2015 at 15:42
1. As per the New Model Bye law of the Maharashtra Co-operative Society's Act dated Sept. 2014 (As per 97th Constitutional Amemndment) what is the procedure for co-option of managing committee members when the entire committee is not elected.
2. When no nomination is received for the reserved category and the election officer declares the result of elected committee from the nominations received and accepted out of the general category, what will be the strength of quorum. Will it be limited to the elected body or quorum will stand as per the bye-law no.113.
pravin
17 February 2015 at 15:26
dear sir,
my wife filed false 498a case on me after few months she also filed dv case against me, this month i got acquital in 498a now can i go for quashing of domestic violence case please reply.
thank you
sumant
17 February 2015 at 14:15
Hi,
I want to know the rights of the Gram Panchayat if it can give permission to issue the plots and construction the buildings.
Basically, i wanted to buy a flat which is under the Gram Panchayat in pune. as it is cheaper than others.
How to check and verify the documents if it is legal or illegal.
I am looking forward to your valuable answers and advice.
Regards,
Sumant
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Violence
as a student I want to know that if two people fighting on road very badly with dangerous weapon so what can we do.
as a student I also want to know that , if any stranger! hit me very badly and grevious hurt done in self defence by me can pulice can put any charge on me
and I also want to know in exercising right to self defense murder is done by anybody so this is crime