Adv M.D.Azhar
22 January 2015 at 22:41
Sir, I have one case in which the problem is as follows:
There is a land which was given to the applicant’s husband by the state. In the year 1986 the said land was sold to a tribal (Aadiwasi) by way of the registered sale deed. Mean while entry was not made in the revenue record. So being a heirs, applicant’s name was entered in the revenue record. he also taken loan from the banks, entry also made in the records of rights regarding the loan. But in the year 1992 the effect of the sale deed was made in the revenue records, which came into the knowledge so it was challenged before the appropriate authority. Meanwhile because the possession was not handed over to the opponent he filed a suit before the civil court in which, consent decree was passed by the court. Which states that now the plaintiff will not have any right over the property because he will purchase another land instead of the present land. the land is also not in the possession of the opponent nor he is owner of the said property that is also written in the consent decree. Meanwhile entry was made in the revenue record therefore challenged by the present applicant so revenue department (deputy collector) passed order in the favor of the applicant due to consent decree. Than after another suit was filed before the civil court by the opponent which was rejected u.s. order.7,r.11 of the c.p.c. and cost was also awarded to the plaintiff for bringing the another suit in respect of the said property. Against the order of the S.D.M. opponent filed a revision before the collector which was granted without going in to the merit of the case and without looking to the orders of the civil courts collector passed order in favor of the opponent. so I have preferred a revision before the land department. so revenue department had a query that, once any land transfer by anyone to tribal than it becomes restricted land and tribal can not be evicted from the said land. So is it right? Or If yeas so what about the consent decree and orders of the civil courts. Sir please guide me I am from Gujarat. Bombay land revenue code is applicable here. Moreover original owner is not tribal.
B Guru Murthy
22 January 2015 at 22:23
Dear Ld Members,
Through email I would like to authorise a recognised Inst.in England for 16 pounds of tuition fees to deduct from my HDFC Master Card.
They wrote: Ok, but please be wary about sending this to the right person. We would not like your details to be sent to someone else.
Now i am worried to know more faqs about these type of transactions
Queries:
1) Can they deduct more than what i authorise
2) any consequencies i have to face
Please enlighten me
Athi Vishal HD
22 January 2015 at 22:03
Respected Sir/Madam,
I am Prashanth from Karnataka.
My Grand-father has 5 Childrens, out of them 1 is female (My Aunt) whose DOB is 06-06-1953.
After my father(in 1983), Grand-Mother (1999) and Grand-Father's(2007)death, we approached the Civil Court for partition of properties which held in the name of Grand-Mother (Purchased by her) and Grand-Father (both purchased and inheritance) and settled the matter in the Court by the way of Compromise in 2012.
While compromising My Aunt is stating before the Hon'ble Judge and also in writing that "I have no rights in the properties and also I don't want any properties, so I accepted the partition". She also signed the Compromising Order issued by the court.
After that we enjoying the properties. But now suddenly MY Aunt and her Childrens are demanding the 1/5 share in all the properties.
1.Is she entitled for 1/5 share? (As per the order given by High Court of Karnataka in RFA No.326/2004, it is cleared that only female who born after 17-06-1956 will be entitled)
2. Is My Aunt's Childrens are entitled for their share?
Please suggest me.
DKTAZILANOM9909
22 January 2015 at 21:29
My query is on the Income Tax exemption on medical treatment.
Case-1
Sec 5.3.14 : Under section 17 of the IT Act, exemption from tax will also be available in respect of:-
(d) reimbursement, by the employer, of the amount spent by an employee in obtaining medical treatment for himself or any member of his family from any doctor, not exceeding in the aggregate Rs.15,000/- in an year;
Case-2
Hon’ble Mumbai ITAT has in the case of Mr. Rajkamal R. Bajaj c/s ACIT has held that Reimbursement of a medical expense is not
perquisite u/s 17(2) of the Act. Brief facts of the case are that The assessee received a sum of Rs.90,090/- towards reimbursement of
medical expenses from the company M/s Bajaj Consultants Pvt. Ltd., wherein, he is a Director and claimed the same as exempt u/s 17(2)
of the Act. The ld. Assessing Officer in view of section 17(2)(vi) brought to tax by treating it as perquisite under the head income from salary
and taxed accordingly.
The Ld CIT(A) restricted the exemption available u/s 17(2)(vi) of the Act amounting to Rs.15,000/- in place of actual expenses incurred at
Rs.90,090/-, while calculating income under the head “income from salary” The claim of the assessee is that the assessee was admitted in
the hospital to carry out angioplasty (angiography). The assessee also submitted the bills of hospital in support of its claim. The expenses
were first incurred by the assessee for treatment of Coronary Angiography cost in Rs.90,090/- and claimed as medical reimbursement as
per the provision of section 17(2), while computing the salary income. In view of these facts, the Hon’ble ITAT held that it is allowable
expenses and cannot be said to be perquisite u/s 17(2) of the Act and allowed the appeal of the assessee.
We are working in a PSU under central govt. Here for any type of medical reimbursement if treatment done in private hospitals ( not approved by our Employer) exceeding Rs. 15000.00 our employer put it in the head of medical perquisite as per IT rule in case-1.
My question is that shall we get relief of medical perquisite as per case-2 judgement?
regards,
TAPAN DAS
ravimehta
22 January 2015 at 21:23
Dear Sir,
I am working in a indian organisation from almost six months. My salary comes on 7 of every month but my company has not released my last month salary now its almost time to come another month of salary. When i asked them the reason then they said becuase of you poor performance they hold my salary. In this case can i lodge a complaint against y company where i am working for salary matter. kindly help
Athi Vishal HD
22 January 2015 at 21:03
Respected Sir/Madam,
My wife has lost her memory completely, she is physically and mentally abnormal due to the side effect after outcome of suicide attempt(hanging herself). Now she is living with her parents. My in-laws filed a case against me u/s 498(A), case is under trail in court.
My twins girl childs(4 years) are with my in-laws.
How can I take back my childs from in-laws?
please advise me?
ritesh
22 January 2015 at 20:55
DEAR SIR
I AM RITESH KUMAR (22) FROM BHAGALPUR BIHAR.
MY GRANDFATHER HAD SOME AGRI_LANDS.AFTER THE DEATH OF MY GRANDFATHER, MY FATHER WAS THE OWNER OF THAT LAND AND MY FATHER HAD DONE THE MUTATION OF THAT LAND BY HIS NAME, BUT LAST YEAR MY FATHER HAD DIED. AFTER HIS DEATH, MY YOUNGER BROTHER
(20YR) AND MY MOTHER ALSO TRYING TO SELL THE LAND WITHOUT MY NOTIFICATION OR PERMISSION.
AND NOW THEY (MOTHER & BROTHER) HAD SOLD A PIECE OF LAND WITHOUT MY PERMISSION.
WHAT SHOULD I DO ?
IS IT POSSIBLE FOR MY MOTHER AND BROTHER TO SELL MY FATHER'S OR (GRAND FATHER'S)PROPERTY WITHOUT MY PERMISSION ?
WHERE TO FILE A COMPLAINT FOR CANCELLATION OF REGISTRY FOR THAT LAND.
I NEED YOUR ADVICE.
PLEASE GIVE A PROPER ATTENTION ON IT.
WARM REGARDS
RITESH KUMAR
kumarriteshbca@gmail.com
..................................................
DEAR SIR
MANY MANY THANKS FOR YOUR VALUABLE GUIDANCE.
BUT I WANT TO SAY TO ALL THE EXPERTS WHO GAVE THEIR VALUABLE OPINION THAT "THE PROPERTY IS NOT DEMARCATED" IT IS A JOINT PROPERTY AND ALSO "MY FATHER HAD NOT LEFT ANY WILL". AND WE ARE ONLY THREE MEMBER IN OUR FAMILY, ME,MY BROTHER AND MY MOTHER.
SO ACCORDING TO THIS CONDITION, ARE THEY ABLE TO SELL THE PROPERTY INDEPENDTLY.
IF YES,
THEN CAN I SELL THE PROPERTY OF MY SHARE ? WITHOUT ASKING THEM.
PLEASE SUGGEST ME.
AND LAST.
TODAY I HAD MET A LOCAL LAWYER FOR THAT CASE,HE SAID ME TO COLLECT THE INFORMATION FOR THAT PLOT WHICH HAS TO BE SOLD BY THEM AND I HAVE COLLECTED THE INFO FROM REGISTRY OFFICE.AFTER THAT THE LAWYER SAID ME THAT HE IS GOING TO SENT A NOTICE TO CIRCLE OFFICER (CO)OR DCLR OFFICE OF MY BLOCK TO STOP THE MUTATION PROCESS OF THAT LAND AND AFTER THAT HE WILL FILE A SUIT FOR PARTITION.
AM I GOING IN RIGHT WAY OR NOT.
PLAESE GUIDE ME.
WARM REGARDS
RITESH
Ayaskanta Mohanty
22 January 2015 at 20:46
Hi
I have not received the car registration certificate yet. As per RTO, they had dispatched it. It has got misplaced somewhere.
Please suggest how to get a copy of the registration certificate?
Also can i drive the car until i get the RC as i have the car insurance with me.
Thanks.
darshan
22 January 2015 at 19:17
dear sir ,
in my matter court had given foolwing descision regarding my matter
15.09.2014
Present: Ld. Counsel for the complainant
Accused absent
In the present case, notice has not been framed till
date. Therefore, in view of the directions of Hon'ble Supreme
Court of India in the case titled as “Dashrath Rupsingh Rathod
Vs. State of Maharashtra & Anr.” in Crl. Appeal No. 2287/09
decided on 01.08.14, this court has no territorial jurisdiction
to try this case. Therefore, the complaint is returned to the
complainant to file the same in the court having territorial
jurisdiction to try the same within 30 days from today only.
Ahlmad is directed to return the complaint and
original documents to the complainant/AR of the complainant or
counsel after obtaining the certified copies of the same on
record.
Copy of the order be given Dasti to the complainant.
File be consigned to Record Room.
(Gagandeep Jindal)
MM(N.I.ACT)/South-East
New Delhi/15.09.2014
now scene is that
court order date is 15.09.2014on that date clear order .. submit the matter in related court within 30 days only.
but here complainant collected documents on 7-11.2014 and submitted in my area court 7-12.2014
is this valid or comes under limitation .
note ...condonation of dalay letter not attached
pls guide
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Death of holder of Trademark
Dear sir,
my question is- Mr.x had a registered TM in his own name which was registered in 2009 and in 2014 Mr. X pass away now Mr. X has a only one legal heir namely mr. Y. Now which form I have to file for transmission of tm in the name of Mr. Y. is it TM 23 OR 24 AND how much fees have to pay as a govt. Fees? On TM 23 OR 24.