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

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kalpesh   08 February 2015 at 14:33

Rti for wife income tax return

A disfuit is running between me and my wife.she has presented a petition u/s 125 family court for maintainance but i think she is doing some earning activity.To confirm myself can i file a rti in income tax department to know about her income tax return.is it legal or not?if it is legal then what should i have to write about my wife in rti application.is it enough to write her name and city ?pls guide

RAMANARAYANAN.G   08 February 2015 at 14:07

Epf on pay revision arrears after retirement

Sir,
Pay revision was implemented in a company for the period from 01/08/2000 in July 2014 along with pay revision arrears benefit form 01/10/2008.The process of fixation and arrers computation were completed and amount of arrears payable to each employees (including retired employees) were arrived in December 2014.During the time period of 01/10/2008 to 31/12/2014 more than 12 employees from the company were retired, resigned or relieved.Most of these employees had closed their EPF Account also and withdrawn the entire PF balance in their account by themselves.(the company does not have any control on this).
Now, these employees are demanding for the employer portion of the EPF contribution also along with the arrears amount on the argument that had the proposal been implemented during their service tenure, ie between 2008-2014,they would have got the employer contribution of the PF portion of the of the arrears amount also.Is their argument valid and should the company liable to pay the employer contribution part of the arrears amount also to those retired employees?.If so,is it possible to remit the same to the EPF Department in the name of the respective employees whose account is no more in existence with the EPF department?
RAMANARAYANAN G

ivaan   08 February 2015 at 13:43

Property related

i am a resident of india for the past 20 years. My son and daughter got migrated to Canada. I was residing in a rented flat alone ever since my children went to Canada.
I booked a flat with a builder in 1998 for 58 lakhs. The builder had promised to handover the possession of the flat in 2000 as per the brochure and an agreement for sale was accordingly entered between myself and the builder. I had mobilised the funds by way of Bank Loan and financial assistance from my son apart from my own funds.
However the construction got delayed as the builder could not obtain necessary permission from various authorities.
I went to Canada in 2000 to visit my son and continued to live with him though I used to visit India twice a year. I did not acquire a Canadian citizenship. In 2002 I filed a complaint before the Consumer Disputes Redressal Commission claiming compensation of Rs.1.50 crore which included the cost of the flat considering the price escalation, loss on account of possible rental income if the flat was completed in time and compensation of mental agony and hardship.
The Consumer commission dismissed the case holding that I was not a consumer and the transaction was commercial in nature. The judgement was upheld in the National Consumer dispute redressal commission also. Aggrieved by the judgement, I have approached the Hon'ble Supreme Court.
My concerns are as under:
1. Whether my application is maintainable in Hon'ble Supreme court?
2. Whether I am a consumer?
3. Whether the transaction was commercial?

I would request you to refer me the relevant sections and the case laws on my each questions to let me upheld my case with strong hands.
I would also request you to let me know how would the opposite party (defendent) would defend his case on the above questions and the supporting sections and case laws relevant to them so that I can prepare for them too.

Requesting you to help me.
Yours faithfully.
Ivaan Shah

DIKSHA FATERPEKAR   08 February 2015 at 13:09

Caveat format in probate proceedings

Greetings to all the members of lawyers club India community.
i wanted the caveat format particularly in the grant of probate proceedings and the caveat is to be filed in Bombay High Court.
So i request u to reply at the earliest and its urgent.
i request the experts to reply in this matter.
Thanx !!!!!

CA JAGDISH RAJPOPAT   08 February 2015 at 12:39

Functioning of ntc

Can we construct apartment now on plot acquire by contribution of us in registered NTC in year 1998 and distribute the flat so constructed between us ?
as we member have contributed both land and construction cost?
What document to be executed between member and NTC?

Mayank   08 February 2015 at 12:14

Can a defeated party take a hold for paying principal and interest

I had booked a flat in bhiwadi (3bhk) in 2006 but the builder never constructed the flats.Instead he is selling me 2BHK at a higher price which i am not agreeing to .

I want to file a case in criminal and civil court as the agreement says he shall provide interest @12% if he does not provide flat within 3 years.

Now, a lot of people have filed a case against him and most of them have won. But i would like to know that can the developer misuse any of the law and take a hold on paying the interest/principal.

Also, First i should send him a legal notice or file an FIR with EOW police?

CA JAGDISH RAJPOPAT   08 February 2015 at 12:14

Ntc 1959 query

I have home which construct in 1995. At that Builder Register One NTC under Bombay Non trading Act 1959. Builder Constructed some illegal construction which still unsold at current. He also not pay some legal dues also. My first query is that after abolish this law what the status of this NTC Second can we start to operate this NTC if builder not handover to us. The Property situated & Register NTC is in Ahmedabad Gujarat. Please reply me

Rahul Gupta   08 February 2015 at 12:00

Drawings in partnership firm

Can a partner's drawings be more than money in his capital account such that his capital a/c shows negative balance at the end of the year(31st March)

Adv M.D.Azhar   08 February 2015 at 11:34

Notice to opponent in case of maintenace

sir, in one case, the court has awarded maintenance as Rs. 11,000/- rupees for her and her son, her husband is professor. now the opponent has filed a revision regarding quontum of the amount. but in fact the salery of the opponent is 40,000/- and he has also othe sources of the income such as agricultural land etc. revision is pending before the session court now i have file an application u/s. 125[3] of cr.p.c. now the difficulty is that, when court isuued notice on the adress of the opponent so, it returned as endorsement that, opponent is not residing at this address, while the revision which is filed before the session court shows same adress, in short he is trying to avoid the service of the notice, what remedy i have now?

Annapurna Ramanathan   08 February 2015 at 10:30

Posthumous gift

Can a property on my name be posthumously "Gifted" to my children, living in the USA? Can I write a Will using the term "Gift" instead of "Bequeath/ Inheritance"?

The intention is that Gift does not attract much tax as Inheritance in the USA.