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pankaj soni   25 September 2014 at 14:15

Sc st act

I am working as Supdt. D/A in HPSEB Shimla two official colleagues belonging to category- lodged FIR against me under section 3(1)(x) of SC and ST Act ,1989 under IPC section 506 which is false rather. They made complaint that I told cast related words publicly. during inquiry haled by the ASP statement given by them, that she never told such words to us but after 7 days they changed their statement and under 164 their statement have been taken in front of Chief Judicial magistrate by the police with some Witness,without submitting Challan is it possible.
Besides this it has come to my knowledge that a judgement have been given by the Hon'ble Supreme court that any one can say publicly above mention words for himself but it should not be spoken to an individual who relates to CS/ST category kindly suggest me as it is the Ques. of my carrier please.
It is pertinent to mention here that they people are going to missus of Law. please guide me & give me full help

Ravichandra   25 September 2014 at 10:53

Defamation case

Dear Sir,

Could you please pass your inputs on the below.

I borrowed 1 lakh money from a person. I signed on promisory note and gave a cheque mentioning the date and all. All this has happened more than 15 months back.

After some months I paid the amount to him but did not collect the promisory note and the cheque from that person . But the cheque date has gone. Means it is expired now.

The other person is going everywhere and talking before everyone that I vow money to him and he will file a case blah blah blah. All this is harassing me psychologically.

1) Can I file any defamation case on him now. Will this stand under defamation case ?

2) Can we file defamation case directly Or is it left to the Judge/court itself to take it as defamation case or not ?

3) If I file a defamation case Can the other person harm me in anyway with the promisory note and old dated cheque he has ? Is there any possibility under legal rules ?

4) Incase If i file defamation case Is it mandatory for me also to go and to attend court time and again just like the other person on whom I am trying to file a case

5) Please guide me how should I proceed further.

Bhushan Mehta   25 September 2014 at 10:03

What taxes and chargs will be applicable for following type of release deed

My maternal grandparents have died without leaving a Will and have left behind a flat in Mumbai as immovable property.

Currently there are 4 legal heirs to the flat - my 2 maternal uncles, my one maternal aunt, and myself (as the only legal heir and descendant of my mother, who is deceased).

We have agreed to sign a deed of release, wherein my uncles will release their rights to the flat for a flat sum of money, and my aunt will release her rights to the flat without any compensation. All rights will be released in my favor.

I would like to know:

1. What kind of taxes I will have to pay for this sort of an arrangement? What percentage of Stamp Duty is applicable to me and what other taxes and charges will be applicable?

2. My aunt is releasing her rights without compensation. Will I need to pay Gift Tax on 25% of valuation of the flat? How do I calculate how much gift tax I will have to pay?

Thanks.

prakash.morey@gmail.com   25 September 2014 at 09:56

Parking charges in co operative hsg society

Dear Sir,

In our society the MC in GBM have increased parking cherges to those flat only who are on rent.
Previous charges were Rs 100 / 50 for Car / Bike for all members , Now with approval from GB the charges remains same for members but for flat on rent has been incresed to 500 / 200 for car / Bike .

Is it compalssary to pay the hike rate by owner of rented flat or is there any solution to it?

Thanks and regards,
Prakash

Mohammed Vaid   25 September 2014 at 08:59

Partial Let out of owned property

Hi
i own a 1 BHK flat in a registered housibg society in mumbai. I intend to carry out some modification in my flat to make out 2 rooms from the same. Later intending to let out 1 and will reside in another.
Need to know is this allowed under registered soceity act in mumbai and how to carry out this in legal manner.

n v subba rao   25 September 2014 at 07:52

Withdrawing cash deposit with court in cheque bounce case under sec 138 of ni act

Hi,
We won both in the trial court and sessions court. They went to appeal/bail to High Court. Sentencing is one year imprisonment and cheque amount as compensation. HC ordered them to deposit 20% of the compensation as cash (which we can withdraw after furnishing necessary security) and immovable property for the rest (80%). And gave them only one month time. They filed a petition for extension of time for two more months.

What is the procedure to withdraw the cash deposit?

The court office advised us to issue notice to the accused (at least advocate on record). But the advocate in the trial court was replaced in the sessions court. Who should we issue notice? Can we issue notice to the current advocate?

If the HC itself ordered to release cash deposit, why should we issue notice to the opponent?

Thanks in advance.

n v subba rao   25 September 2014 at 07:39

While the civil case is pending the defendant filed court referred criminal case

Hi,
Civil case on enforcing Lease Agreement has been going on for the past more than one and half years. Obtained interim orders too.

The two of the three defendants initially attended the court with their advocate... the advocate just filed vakalat...no counter...

After waiting for more than one year, the court set two defendants ex-parte because of absence... the third one was avoiding taking summons and hence ordered for paper publication...

After more than 7 months of ex-parte, the two defendants filed an application to set aside the ex-parte and filed court referred criminal case claiming the lease agreement itself is a forged document!!!

What are our options in this situation?

Thanks in advance.

Sudama Prasad   24 September 2014 at 23:13

Forged-sale-deed

Mr-A-is-having-boundary-dispute-with-"B".It-is-learnt-that-Mr-B-is-attempting-to-procure-a-forged-sale-deed-executed-by-the-grand-father-of-A,who-died-in-1952.
Many-instances-of-forged-sale-deeds-in-conivence-of-officials-of-a-particular-registration-office-have-come-on-surface.In-Most-of-such-deeds-executant/witness/writer-are-presently-not-alive.It-is-surprising-that-certified-copies-of-such-forged-deeds-are-also-issued-by-the-office-of-concerned-registrar.
I-shall-be-grateful-if-suitable-expert-advices-come-in-the-matter-reg-what-precaution-to-be-taken-to-save-the-property-from-such-fraudulant-act.

Salma   24 September 2014 at 23:00

Mothers property

Hi Team,

My father has served in government organization and passed away before 7 years from now.

My mother has received a lumsum amount as Insurance and other benefits.

She has invested all the money by purchasing immovable properties.

We are three( two daughters who are married and only 1 younger son who is unmarried).

My mother is alive and willing to give it to her only son.

Could you please help me to know if we, sisters can file a affidavit for the share in the properties, which is on her name now. Also, guide me the ratio if it can be shared among three children and a mother.

Raj   24 September 2014 at 22:51

Whether pre summoning evidence in defamation ( 200, 500 ipc) can be given by way of affidavit?

Sir,
My sister( Complainant) is appearing for defamation case filed under section 200, 500 IPC and judge( JMIC) has directed to apper in persn for Presummoning evidence. Kindly advice whether she can tendered her evidence by way of affidavit?