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ks   23 November 2014 at 16:23

False complaint of accident

Someone filed a police complaint that my car hit his bike and his leg was injured severely and he had to be admitted to hospital & also his bike got damaged. Car No. and model described in the complaint is matching. Police got the information from RTO and came to my home.

I explained that I never met with such accident. I also informed police to check CCTV footage of that area but they said that at that place its not available. But they checked with persons lying at footpath and they said that such incident happened.

My car is not being driven by any other person. Then how it is possible ? Police is saying that I will have to be ready for arrest or will have to manage for a person for bail.

What is the solution if some one files a wrong complaint or has done any mistake in reading number plate ? [ As the model of the car and number of car both are matching this seems done knowingly.]

(I am working from home. So there is no evidence that I can provide them that I was working at some other place and was not at road.)

Shailender Bali   23 November 2014 at 15:43

Gift - payment for property

Experts,

If A has made 2 payments for purchase of a property. The property is not yet registered in the name of A.

Now A wants to gift these payments to sister-in-law. The balance amount will be paid by the sister-in-law and the registration of property will also be in her name.

How to show the gift of 2 payments? It is in relation to purchase of property. Do A has to make a registered gift deed and pay stamp duty (either by A or by sister-in-law) or the simple gift deed will be enough mentioning the payments have been made on behalf of sister-in-law.

Thanks and Regards

Neha pandey   23 November 2014 at 15:38

Buying land in uttrakhand for yoga institute

greetings

I have read that an outside individual can not buy more then 250 sq yard land in uttrakhand. I wish to buy land for making a yoga school.

Can I buy land if I form a partnership firm or private limited company?

If yes, is the company or firm need to registered in Uttrakhand?

Is one of the member need to be a resident of uttrakhand?

Do I need to apply for a permission from somewhere?

Thanks in advance

SKumar   23 November 2014 at 13:36

Accident related query

Can you advise any criminal related text book for LLB ?

Member (Account Deleted)   23 November 2014 at 11:57

Is study leave allowed during pendency of charge-sheet

Sir,
If a charge-sheet is pending against a govt. employee (not under suspension), is he/she still eligible for study leave (study to be conducted in India only) or does the rule deny study leave during pendency of charge-sheet, if
the govt. employee is not under suspension and study is in india only.
Thanks

Member (Account Deleted)   23 November 2014 at 11:18

Can charge-sheet be given for unauthorised absence during pendency of leave?

2.5 years before, I applied for a leave (2 month before proceeding on leave). Till the end it was not decided and due to urgency I proceeded for leave. However, before proceeding on leave, I persuaded hard to get it sanctioned in the meanwhile. There was no other problem in sanctioning leave. The leave was kept pending by the authority , however, saying it will be sanctioned later. Later that authority got transferred, leaving my matter pending. The leave application is still pending and not decided.
Later I joined office. The leave application was still pending.
However the new boss is saying that I will be charge-sheeted for proceeding on leave without prior sanction. I explained him the whole situation and requested first to decide my leave application, and if I don't deserve leave and it is rejected, then only decision of charge-sheeting be made, but he is unmoved.
My query is,
Can a govt. employee be charge-sheeted for absence (proceeding on leave during pendency of decision on leave application) while keeping leave application pending (after so long and still pending).

mohammed nayeem   23 November 2014 at 11:18

Contract act 1872

Hi Der pls help me out in followin case.
'A' offers to sell his car to 'B' for $ 5000 through telephone. 'B' accepts for the same but in the mean time due to some technical error telephone lines got disconnected and 'A' unable to hear 'B; acceptance.
Can 'B' enforce it???

Mohan suthar   23 November 2014 at 11:10

Force to seve notice period for contractual employee

Sir,I joined as an engineer in a railway PSU in May 2014 as a contract employee for one year.In the appointment letter it was mentioned that contract can be terminated anytime by either side by giving notice period of three months or salary in lieu thereof..
In addition to these they were deducting 20% of my salary per month as a security which will not be released in case of premature resignation.

I have been selected in other organisation as a permanent employee and need to resign soon without serving notice period. Kindly advice and suggest me the indian law/judgments or ways to handle it legally correct.
**Till now i have not been assigned to any work officially.

S. Fernandes   23 November 2014 at 10:53

Mortgage

Dear Sirs,

A private ltd company has purchased a property. The sale deed is dated 12.02.1012.

The sale deed reflects a purchase price of Rs. 55 lakhs.

On same date as sale deed, ie. 12,02.2012, said Company has taken a loan of Rs. 1 cr. from nationalized bank, by deposit of title deed.
Bank has revalued the property through government approved valuer, to be 4,5 cr. on date of sale deed and sanctioned the loan.

Company has then registered this charge of 1 Cr. at the registrar of companies, under companies act 1932.

Questions:

1. Can mortgage by deposit of title deed be created in this instance where title deed reflects about half the value of loan amount.
OR
Must such mortgage of property declared as being less than the loan amount require a separate mortgage deed which must be registered, especially since the loan is sanctioned based on the valuers document declaring the market value of the property and not the value on sale deed.

2. Does registration of charge at the registrar of companies amount to registration required under Sec-17 of the registration Act..

Thanking you.

Swarup Ghosh   23 November 2014 at 10:41

Permanent address proof

Hi, I am 38 years old unmarried man staying in a rented apartment in pune. I am originally from West Bengal and has a typical " Bengali "physical appearance .I lost my mother at an early age of 4 . I was adopted by an elderly couple in Kolkata. Both are no more . They had a house is Kolkata where I lived and grew up, but their son has rented that house to various businesses and he stays in Canada. Ever since I moved out from my home town for job in various cities in India like Chennai, Bangalore etc. I am having problem about my permanent address. People need to know my permanent address in various forms like rent agreement, employment background check etc. I have made all eligible permanent address proof documents in various past rented flats where I lived . Of courceI can update them to my current address if I need . My question is what shall I tell people informally and also write in legal documents about my permanent address which will stand out legally if not in conventional sense . Please advice me in this regard. For example I have my SBI account address in my previous rented flat. What if I write that as my permanent address. What happens if the verification agent goes there and asks. They are definitely going to say that he used to stay here for 2 years but it is not his permanent address.
I can tell people about my background condition informally but they have to comply with the official/legal process . please give me some advice how to deal with the situation or what to say to them so that they feel confident that my address proof will hold legally .
Thanks
Swarup Ghosh