kasinath
17 January 2015 at 13:43
Can anybody pls tell me if a person entered into the development agreement/G.P.A to the developer for the development of his land and the developer after developing the land into Apartments, then, whether the landlord can execute a GiftDeed of that Apartment to his intended person directly.
mohit
17 January 2015 at 13:04
hi Sir/Madam
Can a court while passing order in declaration suit can take temporary injunction as a ground where the injunction granted in another case between the parties???
nareshvasdani
17 January 2015 at 11:50
I was in talks with a flat owner to buy his flat. I paid him a token money of Rs 2,51,000/- by a cheque. Before the cheque was presented but after he deposited the cheque, I decided not to go for the said deal and stopped the said Cheque.
Requesting to suggest what could be legal consequencies for the same
Amar Tigga
17 January 2015 at 10:35
. 1. I am a employed in a CPSU belongs to a member of Schedule Tribe under Article 366(25) of the constitution from state of the Bihar. I was appointed against direct recruitment on all India basis as a person belonging to Schedule Tribe. following directives of Central Government regarding reservation and age relaxation for Scheduled Castes, Schedule Tribes, Ex-Servicemen and other Categories, if any, issued from time to time. Accordingly, at the relevant time, the reservation benefit was being extended to all the candidates belonging to respective communities on the production of valid certificates of castes issued by the State of origin. Presently my Place of work and posting is situated in the specified tribal area i.e. Shillong..
2. Section 10(26) of Income Tax Act, 1961 A member of Schedule Tribe [Aritcle 366(25) of the Constitution], residing in any area in the State of Nagaland, Manipur and Tripura, Arunachal Pradesh, Mizoram and districts of North Cachar Hills, Mikir Hills, Khasi Hills, Jaintia Hills and Garo Hills is entitled to claim exemption from tax in respect of income from any source arising therein and income by way of dividend or interest on securities.
3. The clarification contained in the CBDT Circular letter No. NO. SCA/1/65-66/22306, dated 27-8-1968 pertaining to Section 10(26) of the Income Tax Act, 1961 is as follows:
The matter has been examined in consultation with the Ministry of Law. The position is that the source of income of the Government servant is at the place where the services are rendered. The place should be located in the tribal area in order that the employee may be eligible for exemption under section 10(26) of the Income-tax Act, 1961. If the Government servant has his office or place of work in an excluded area but resides in a tribal area, that will not entitle him to the said exemption. On the other hand, if the place of work and posting is situated in the specified tribal area, mere temporary residence outside the tribal area will not disentitle the person concerned from the exemption under section 10(26) of the Income-tax Act, 1961. The effect of the Supreme Court decision in the case of Lawrence Singh Ingty [1968] 68 ITR 272, is that for the purpose of considering the exemption available under section 10(26), the section would have to be read as if the words ’who is not in the service of the Government’ do not find a place therein. Consequently, Government servants will be entitled to the exemption only if they are otherwise eligible for the exemption.
The case pending with you may be disposed of accordingly.
4. The clarification obtained in the Government of India, Department of Telecom Letter No. 1-13/92-SCT dated 18/31.8.1992 from the Ministry of Welfare and Ministry of Home Affairs, Department of Personnel and Training is as under: It is clarified that All Scheduled Castes and Scheduled Tribes are treated alike for jobs in the Central Government. In view of this clarification, SC/ST persons employed in Central Government services in the State/Union Territories are entitled to get the benefits admissible to them. The same has again been reiterated in the Order Dtd. 27/11/2003 of Hon ble Supreme Court in the case No.:Appeal (civil) 4684 of 2001 of Chandigarh Administration And ... vs Surinder Kumar wherein letter Dtd. 26.08.86 addressed by the Government of India to the Home Secretary, Chandigarh Administration clarified that in respect of employment under the Central government there is no discrimination between Scheduled Castes and the Scheduled Tribes of one State or another. In respect of employment under the Union Territories also legally, the position would be the same and Order Dtd. 11/02/2005 of Hon ble Supreme Court in the case No.:Appeal (civil) 6-7 of 1998 of S. Pushpa And Others vs Sivachanmugavelu And Others, wherein, A D.O letter was sent by the Joint Secretary, Government of India, Ministry of Home Affairs, to the Lt. Governor of Pondicherry on 4.2.1974 clarifies as under:
" So far as reservations for SCs/STs candidates in posts/services under the Central Govt. are concerned, the concession is admissible to all SCs and STs which have been recognized as such under the orders issued from time to time irrespective of the State/ Union Territory in relation to which particular castes or tribes have been recognized as SCs/Tribes.
5. However, Income Tax department, Shillong, Meghalaya is not issuing the Certificate under 197(1) of the Income Tax Act, 1961 for non-deduction of tax [exemption certificate] to the under-mentioned on the plea that my tribe is not recognized in the State of Meghalaya, whereas schedule tribes who are recognized in the State of Meghalaya and similarly employed in my CPSU are getting the Certificate under 197(1) of the Income Tax Act, 1961 for non-deduction of tax [exemption certificate].
6. In view of above, I seek the clarification as to whether STs not recognized in the State of Meghalaya presently serving in the State of Meghalaya are exempted from the payment of income tax or not.
prakashpk
17 January 2015 at 10:20
Hi Sirs,
My father filed case against my grand father and got share (house)through court. Court Appointed commissioner to divide the share. Commissioner made house plan for dividing houses. My father got share and on the same court judgement ( final decree) my father's brother (2 elder brothers) also got share of property which is next to our house. My father's 2 brothers sold the house to one person by using their original Property document not court & commissioner document.
Now problem is, there is a wall between the houses. As per commissioner, wall belongs to us and neighbour claiming that it is belongs to them saying as it is mentioned in their property document ( We call Thai Pathiram in Tamilnadu).
Now which one to follow?..
Because It is divided property by Court and commissioner very clearly given measurement of house and Wall is belongs to us.
As it has gone to court and divided, we believe Property document become invalid?..
But we require advise from experts.
Pls. advise
Regards
Prakash
PRAVEEN GOBBUR
17 January 2015 at 09:57
DEAR SIR,
I sent proposal for LIC e-term policy and accordingly they have asked to undergo medical test and for few documents. after submitting every thing they have not issued policy and neither they are returning my money. they are go on asking one document after other and there is no positive reply. kindly advise me how to get my advance premium money so that i can go for some other company for insurance. i never expected such a bad experience with state owned insurance co.. kindly advise me..
PRAVEEN GOBBUR
Gaurav Sahai Saxena
17 January 2015 at 08:57
*By app u/s 156(3) CrPC an order of FIR passed,
*The charge sheet is u/s 494,498(a) IPC & 3/4 D P Act.
*Complainant statement recorded in court but no cross-examination and she died.
please suggest:-
How her statement can be counter and any case law on it.
pavan
17 January 2015 at 08:41
Dear Experts
What is police clearance certificate in passport and what is the purpose of it ?
I am daily visitor of this site and its a very good platform for all peoples to enquire about law !!!!!
Anonymous
17 January 2015 at 08:28
d v is going on me by wife. she now also not ready to leave house.it owned by me and bro.from 2 yrs bro stays in seperate in his another house. i and bro want to give this flat on rent . but my wife not leaving . i also ready to divide rent among me and wife. she not leaving in hope that she will move me out via protection order. i also ready to provide alternate accomodation. my mom also lives with me . on 60 age also she have to make food cloth utensil and household work . she injured her arm by work. doctor told to rest.
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Eviction of illegal tenant-reg
Dear Learned lawyers
My wife has filed 498a and with the help of police has thrown me out of my house
The case has come to evidence stage and the prosecution is not letting her lead evidence for the past 2 years
She has leased and rented my properties
I would like to know what is the process for eviction of illegal tenant
Regards
B.mohan