sakshi
13 January 2015 at 08:30
My aunt is married in the year 1949 and her year of birth is 1935. Her father expired in 1995. Is she applicable for equal share like my father in ancesteral property? She has given "Hakasod patra" to my uncle only and not to my father in the year 2003. And my uncle is also made a purchase deed of her share and transfer it to his second wife. Is it void according to law. Pls guide me.
Dipak Das
13 January 2015 at 07:51
Dear expert
My friend working for a big company.She has completed 6 months in the company but has not been confirmed due to dirty company politics and is on probation.
Now she want to resign from her job.As per her appt letter states there is notice period of 2 months for any employee of this company whether confirmed or probation.
However company HR says that if she resigns she will have to serve 2 months notice and her salary will be on hold for 2 months and paid on successful completion of notice period.
This the HR says is because the company needs security that she will complete her notice period and not run away.She told HR she is ready to give undertaking that she will serve notice period but HR not listening.
But for salary person working without salary for 2 months is difficult. Also there is no assurance that company pay full 2 months salary after notice period over.
Is this legal.
Can my friend ask for 1 month salary to be paid at the end of first month notice period and the second month salary to be paid on completion of total notice period. Also she has no leaves left.
Please help as HR & company harassing poor girl
Dipak
sanjay singh
13 January 2015 at 05:24
Sir ,
every arrange marriage can done through mediator b'se 2 family r unknown to each other, later mediator brings together
I was not knowing mediator who is big fraud, he having criminal background.he served a jail ,and he was involved more over 10 cr rupees scam and 50 lakhs embezzled.His articles of news paper in times of india ,The telegraph so on which I got to know after marriage being processed.
the mediator called us to talk for marriage and to show the girl. My family and I went to see the girl.
Mediator and the girl familymembers were already present to the temple which is located in my area.
The mediator convinced me through words like---- kamal ka Phool Kichar me hota hai Kamal Ka Phool Utha Lo Kichar Chod Do --
Maa ko Khayal Rakhegi---- like that
I agreed for marriage and thus marriage happened.
infact fraud marriage completed in
an hr in my locality and the whole marriage did without prior knowledge of friends, relatives, no invitation card and not social refreshments .Even marriage was not registered he shooted video
of marriage .She treated herself as normal 2 3 days but when she got Phonecall on her mobile by someone she started going with out asking any one and when she was asked she opposed for that and from this day
she become so much violent continuesly , these incident tooks place between every 2 3 days, and when my mother talked to Mediator(Amreswar Prasad) he was demanding 5 lakhs or 10 laks otherwise he will file dowry case.
And i was shocked at that time. when my mother attacked by her with knife & kick as result my mother got injuries in her body & eyes. Then first Letter dated 15/03/2012 sent to various police station as well as to her parents including Mediator (Amreswar Prasad) Who was the Master mind and who did Kanyadaan in marriage ,Now he is not accepting.
But I have Photographs & recorded videosrecorded through mobile phone where he is doing kanyadaanan and marriage rituals.
Is mediator the right person who did all marriage rituals and girls parent r sits there normal as guests sits?
Sir ,
Is marriage is valid or null
sir,
when she (my wife)did full drama in my house like she started abusing to my mother as well she fought with my mother.some times she gave threats she would commit sucide.As result we called police to come and stop this drama.
She used to detain by police, as a result police called her parents put charges of sum Rs 1200 and then she released and she never come back her matrimonial place.
Sir , is this a sufficient cause for her to move out from her matrimonial place and now she is alleging that we have abandoned her, infact she went out by depositing a sum Rs 1200 in the police station.i have collect that receipt from police station.
Sir
can tell me is this a sufficient evidence for me to prove that whether she left out by own
Sir
now I enquire about hospital bills in which I found she was pregnant and she did sizzierig. this was done without knowing to us,Now I got know she admitted in hospital and unborn baby dead before she admitted.
Is this incident prove that she having adultery with some one?
Because she left matrimonial place by her own and I sent legal notice to her in which alredy mention about her paternity Challenge.
Harjeet
13 January 2015 at 00:11
Dear sir
I wanted to know that how many times a private respondent can get adjournment opportunities to submit reply in a civil writ petition in highcourt.
In one of our case respondent state has filed reply by the way of counter affidavit in second opportunity (3rd hearing) but private respondents sought time second time to file reply. Can they take more time on next hearing. We are ready to argument on state's reply.
rajan chopra
12 January 2015 at 23:59
Sir my friend borrowed money from me and issued post dated cheque for repayment..On due date it was bounced after being presented for encashment.When I approached my friend he dishonestly warned me not to demand money back as he had lodged FIR of lost cheque publication in news paper and instructed his banker to stop payment after issuing it to me.Now is there any way to get my money back?
Sagar Sharma
12 January 2015 at 23:38
My grandmother threw acid on my mother in 2001, she also has marks and sign on her back. Now again she harassing my mother mentally. Can we lodge f.i.r now for that attack u/s 326a? Is there any time limit to complaint? Statement of mother and marks is sufficient evidence or not?
asmita0009
12 January 2015 at 23:09
Please note that due to irresponsible behaviour of advocate i have decided to withdraw her from my family court case. I had decided to fight my case self. But as now due to the pressure of high court procedure the court is giving fast dates. So, i could not get time to study the laws references and could not do preparations properly. so now i have decided to appoint the advocate.
in this my family court case which is filed by my husband cross examination of the Petitioner and his witnesses is over and now the advocate of opposite side has filed her written argument on main petition on last date and when the Hon judge had suggested i had just made the arguments on few points. she told me that it is not required to file written argument now.
So, now I want to appoint new advocate and want to file written argument on main petition and my affidavit with evidences .
so, please confirm the stages :
i) filling of written argument on main petition.
ii) filling of my affidavit with evidences.
iii cross examination of me and my witnesses.
iv) final argument.
Also confirm if i am not submitting written argument may i can file direct final argument ?
please guide me urgent basis.
ankquo
12 January 2015 at 22:58
I have a forex account from Jan 2015. I am trading with this account and I get profit of $50 (Rs. 3000/-). But i didn't draw that profit from my account.
I do a job apart from forex and my salary with this is 6 Lac/PA.
Question: Do I have to pay any tax on forex trading account.
ketan Chandrani
12 January 2015 at 22:39
In Gujarat state registration of mortgage is compalsary. What is stamp duty on equitable mortgage deed?
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Service tax on advocates
Hi all,
WRIT PETITION NO.1927 OF 2011 Writ Petition under Article 226 of the Constitution of India pertaining to Service Tax on Advocates has been dismissed by the Bombay High Court through its judgment, dated 15 December 2014.
The present writ petition was filed to seek declaration of the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null & void. The writ sought to challenge levy of Service Tax on Advocates. Section 65(105)(zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 2009 and substituted by Finance Act 2011, proceeds to levy Service Tax on the Advocates. The amendment to Finance Act as mentioned levies, assesses and recovers Service Tax from Advocates and hence the same was challenged for being violative of the constitutional guarantee of justice to all.
With that judgment, all writs on the subject, as clubbed with the aforesaid writ, stand dismissed.
Since the matter is related to Constitutional Law also, the same has been posted in Consitutional Law section also for comments of experts, if any.
Any views of members?