Gaurang Medawala
10 December 2014 at 22:52
we've got a licence for money transfer via reserve bank in the year 1998 and is it active till date.
on 14/10/98 ATS police along with Ferra department ahmedabad laid a raid in our office and houses and grabbed away foreign as well as india currency and arrested Chimanlal harjivandas (my father)..on 19/5/99 coffeposa order was issued against him and before this order was executed,he passed away on 13/9/99.. on 28/10/99 central government under section 11 revoked coffeposa order.
Ferra ahm. grabbed above mentioned currencies - FC and IC . and penalized us. against this ferra tubunal dehli, in the year 2004 didnt agree to this and returned our currency.
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in 2001, showcase notice against the family members of late chimanbhai was issued by SAFEMA ahmedabad, and in the year 2002 they ceased 25 movable and immovable properties.. we've appelaed in tubunal delhi.. case remand .. now on 28/10/2014, SAFEMA bombay released maximum properties but still 6 properties are still ceased. so, we've filed appeal in safema tubunal delhi.. case pending
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we have some questions regarding the above mentioned case, please help us, thanking you, gaurang kapadia.
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1) These are the issues since 1980. we've declared money in AMNESTY and from that money we've purchased residential property so isn't it covered under the SAFEMA law?.. Supreme court judgement 201 ITR 658 does not protect AMNESTY Scheme??
2) our family members have purchased properties between the years 1970-75 of amount 25,000-75,000 and even the purchasers have expired before 2000. they've filed the income tax returns and the income tax department in their assessment order have mentioned about it along with 3 years of penalty on us... SAFEMA department in the year 2014 has asked us about the accounts of that above mentioned money and properties, by books and bank statements, which we do not have right now. we've shown them the assessment orders and income tax returns in acknowledgement but they refuse to understand so what can we do now? kindly please help.
3) under the law of SAFEMA, the one who purchases any property, and once the person dies so now can the SAFEMA department issue Showcause notice ?? and can they pass orders against their legal heirs ?
4) under the SAFEMA law the central government's finance department published circular no. 12/23/93-CA dated 23/6/94 so by this circular, properties purchased upto Rs.1,00,000 are to be forfeiture. Although the SAFEMA department doesnt agree with it and hence deny to give us liberty and our property back.. So what can we do now?
5) as per income tax law, they cannot ask for accounts and income stuff prior to 6 years. So in the SAFEMA how many years are granted for them to ask ? The law of SAFEMA was introduced in the year 1976 so can they question us about the properties that we've purchased in the year 1970?!!
6) Before the execution of Coffeposa order in 1999 and detinue expired so central governemt revoke coffeposa order under 11 section.. in this situation does the SAFEMA procedure can take place on us? As per judgement 2004(3)SCC628 on the family members of the detinue in 2001?
........awaiting for replay...thanks.
b n r krishna nayaka
10 December 2014 at 22:39
iam a retired bank manager.in 2008 some one has opened a loan account using my password when I was on sanctioned leave.now the police have filed criminial case against me .what is the remedy
Env Coord
10 December 2014 at 22:37
Dear Experts,
Kindly resolve my query.
A Navi Mumbai Court(in Maharashtra) passed a decree in a Summary Civil Suit filed under Order XXXVII (Order 37) of Civil Procedure Code,1908 in the year 2011.Court pronounced Judgement in June,2012.
Darkhast for execution of decree was filed by the Plaintiff's Advocate in Dec,2012.
In Sept,2013 the respondents(Judgement Debtor) started paying the Decretal amount in instalments (on a monthly-basis).The Debtors paid around 45% of the Decretal Amount till January 2014.
In Feb,2014 the Plaintiff's Advocate died a natural death due to old age.As this fact came to the knowledge of Judgement-Debtor he stopped paying the Decretal Instalments to Decree-Holder since Feb,2014.
The Decree-Holder is a Lower-Middle class person unable to hire a Lawyer,as most of the Lawyers want to charge 20% of the Outstanding Amount as fees.(which he can't afford).
Kindly guide as to what steps can Decree-Holder take to expedite the recovery of the outstanding decretal amount from the Debtor?
Can he approach District Legal Aid Services?
If not,then can he represent himself in the front of court under Section 32 of Advocates Act,1961.
Tauras
10 December 2014 at 22:05
Hello,
I have purchased a Chevrolet Enjoy car in the mid of January14 from Thane, Maharashtra. While booking the car dealer had provided quotation for 2013 Model & 2014 Model. There is a difference of Rs.30, 000/- between these years. I went for 2014 model and hence paid excess payment of Rs.30, 000/-. But I have been delivered 2013 Model since I have paid for 2014 Model. Done lot of communication with dealer regarding the said issue. They are saying its 2014 model since vehicle registered in January 2014. According to me, Vehicle is of 2013 Model since windshield of car (glasses of car) shows 2013 Model. Dealer is disagreeing with 2013 Model. Hence raise this issue to General Motor (Chevrolet).
I came to understand while calling on customer care of GM, there system record for my vehicle chassis also shows 2013 Model. Hence I raise a complaint to the GM thru mail for clarification of model year. They reply me, your vehicle production and manufacturing year is Jan.2014. Hence, again top up a mail if it is manufactured in Jan’14 then why glasses of car show 2013 Model. But they didn’t reply me. Need your advice and suggestion since I don’t have proof except glasses of car show 2013 Model and GM system record for my vehicle chassis shows 2013 model. How would I prove and can I go for legal action?
Thanks & regards
Tauras
Arun Laxman
10 December 2014 at 22:01
X has three properties worth about 30 lakhs.
X makes a will in favour of his sons A,B,C.
before X dies C died.
C has two sons.
now X dies without making any other will or codicil after the death of C.
now the question is whether the two sons of C can claim any right over properties through such will?
B.S.NARAHARI
10 December 2014 at 21:13
Respected Sir/Madam,
My friend is working for renowed Public sector undertaking coming under ministry of defence at Bangalore.
Recently he is required to handle outstation projects at Jammu, Delhi & many more locations & some times he is required to stay for about 2 to 3 months at outstation itself.
He is serving as employee at technical cadre but not as an officer.
His dependants are as follows:
1) Father aged 72 yrs ( Undergone brain operation 3 yrs back )
2) Mother aged 68 yrs
3) Wife
3) daughter 6 yers
4) Son with 2 1/2 yrs old ( Already suffered from convulsion fever & doctors warned the parents that within 6 years of boy age again convulsion fever may attack my son.
( convulsion fever means sudden high fever & left untreated goes to fits & next is danger issue )
my friend is the only son to his family with no brothers & sisters.
Secondly his wife does not have brothers or sisters except widow mother.
The officers are forcing him to go for outstation projects despite he being only soldier to his family.
Can he fight legally against firm & retain his job specified to Bangalore location. He is appointed on permanent basis & he served for 13 years in the firm. But still he possess another 20 years of service for him to get retired.
Please advice us
raj kumar h
10 December 2014 at 21:05
i was convicted in a 138 N.I. case by the trial court in december 2009. i had filed an appeal in 2010 in sessions court mumbai. since i was out of the city since 2011, i couldn't attend the court. my lawyer suddenly stopped attending the court too. the sessions court passed an ex-parte order in 2012 upholding the trial court judgement.
the fact of the above case is that i have returned the money borrowed from the complainant and the same has been accepted by the complainant during cross examination. the bank statement of the complainant shows that he had advanced the sum of Rs.2,74,250 to me and i have returned Rs.2,66,500. but the disputed cheque amount is 8,75,000 through 11 cheques that were dishonored.
now, if i move the high court now, can i expect any reliefs? as the timeframe to file an appeal is already over. please help!!!
and also will i have to deposit any money in the court?
Rakesh chopra
10 December 2014 at 21:03
Hello sir,
My wife have filed the divorce case my queastion is if i will give her divorce than still she has the right to file futher maintenance and domestice DV case on me after divorce.
N R Dash..
10 December 2014 at 19:38
Friends,
In the marriage, no dowry neither any article given to the husband.
After marriage, the father in law voluntarily deposited 25K, 25K & 50K (total 1 lac) in the bank account of the husband by obtaining the account number from his daughter from the chequebook of the husband kept in their house.
Wife stayed with husband for 45 days post marriage. After which she went to her parents to appear her final PG exams & did not return.
After 6 months, the wife's father went to the husband & emotionally asked him to give Rs. 1 lac for repaying a debt & took the amount. The husband paid it by taking a unsecured loan. However, the wife did not return to the husband despite several requests by the husband & his family members.
After her father took 1lac from the husband, the wife started calling the husband & asked to give her parents rs. 5 lac to which the husband denied.
After 5 months while the husband was not in home, the wife in pretext of staying came to her mother-in-law & deceptively defrauded & stolen all the gold ornaments & her belongings from the house of the husband.
Then she waited for another 6 months & filed a maintenance case stating some false, frivolous & concocted subjects therein.
She has been living in a town where as mentioned in the affidavit that she has been residing with her grand father in the village. The husband has all the evidences relating to her travel & filed the WS in the maintenance case admitting his actual salary & employment details.
However, during the maintenance proceeding, the husband met with an accident & had severe fractures for which he has to undergo with surgery in AIIMS. He was completely be ridden & had lost his job in the private company. Even though he had submitted applications to the court mentioning the change in circumstances & the medical certificate from the Professor of AIIMS, the court had passed an ex-parte order directing the husband to pay a monthly maintenance & also mentioned in the order that as the respondent husband had admitted his employment & salary in WS, the later applications about no-job were not considered.
The husband has filed a petitin u/s 126 crpc to set aside the ex-parte order.
My Questions are:
If the ex-parte order is set aside, can the husband file an amended WS stating his present condition & unemployment status? Is there any provision in law to do so????
If not any other ways he could defend the case as he is unemployed & struggling to meet his both ends. He is completely dependent on his widow mother for survival.
Should he file a petition of perjury against the wife or he should wait till the maintenance proceeding is over????
If the old WS be considered and the admittance be considered, he would be at nowhere & could not even pay the amount...... what the poor guy should do???
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