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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Dhingra   11 December 2014 at 01:19

Contradictory written statement

Dear experts Greetings!!!

My wife filled DV and given false affidavits on later evidence stage she contradict her evidence in WS.
Now she filled divorce and mention the same thing which she written in DV. Now I wanted to know it's possible that I show those written statement to court and demand for rejection of divorce case until RCR will under process on the basis of false allegation.

Regards
Rahul Dhingra

noor   10 December 2014 at 23:50

Recovery of salary

can i give complaint under wages act or any other act for recovery of my salary which is due for 6 month . my salary is 80,000/ p/m hospital managements is habitual to use the doctor and avoid salary there are many doctor awaiting for salary and management is in good condition

Dinesh   10 December 2014 at 23:46

Regarding tax

Hello Experts,

I have the following query:

My aunt ie. my Mama's wife(My Mama is no more)wishes to buy me a flat. If she gives it to me as a gift , will I have to pay a gift tax and if yes at what rate.

My mom,ie., mama's sister, is also no more.

Thanking you in Advance for your Valuable Time and Advise.



Ramanathan   10 December 2014 at 23:39

Pre-litigation dispute

Dear Experts
I went to LokAdalat, the Bank said one time settlement amount and I agreed and I had ask only 6 months time, finally they agree and the agreement prepared by the Hon.Retd.Judges Desk and I have signed and I ask the the copy of that they advice this is not necessary for you, the Bank will sent you a detailed letter.
Now I am feeling very much I can negotiate the amount but I didnt. later I noticed other customers are negotiated the amount and they settled.
Now I have any chance to negotiate.
Please advice.
Thanks & Regards,
Ramnathan

ISMAIL SULTAN   10 December 2014 at 23:15

Agricultural land purchase in other state of india

Suppose the man Naming Rama is from Kerala and he purchased the agricultural land in Karnataka.
Now he thinking to sell the land but some land grabbers are pressurizing him to sell that land them only in half rates otherwise they will file a petition in court against Rama that he cant purchase the agricultural land in other state bcoz he is not a farmer or agricultural worker.

kindly Advice if thr is a place in law that a non agriculturist cant purchase a agricultural land/in other state than residing state.
also if amendment is thr in law kindly refer

Member (Account Deleted)   10 December 2014 at 22:57

reconcillation in divorce

Judge send my divorce case in mediation , in adr two chances given but I do not take her back, she still want to come back....my question is that....can I asked to judge not to require mediation now..plz proceed my case........????

Gaurang Medawala   10 December 2014 at 22:52

Safema

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.
----------------------------------------
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
----------------------------------------
we have some questions regarding the above mentioned case, please help us, thanking you, gaurang kapadia.
________________________________________-

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

Loan arranged in my pass word

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

Execution proceedings

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

Cheeting while delivery of car

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