Member (Account Deleted)
24 August 2014 at 17:25
A complaint u/s 138 has been dismissed in default by the magistrate for non-appearance of the complainant and his counsel.
Though the complainant has sufficient good reasons for not appearing, as the complainant is very old.
Sir my Qs. is that whether I should file a revision before Sessions Court or before the High Court.
And if possible can somebody refer me a SC judgment for restoration of complaint u/s 138.
Vikram
24 August 2014 at 17:15
Respected Law Experts,
Am 33 years old software engineer married from 5 + years with no kids
I have built a house in 2008 in my home town for my family where my father/mother/brother are living till date that is registerd in my name & is self occupied & i am paying all the EMI's & also taking care of my mother 55 years & brother 28 years & am living in rented house in bangalore struggeling to come up in life.
My father 65yrs took volunteeer retirement 12 years back on his own accord to enjoy with the Volunteer settlement money..around 8L.
He also gets some pension around 1500 rs.
There is 1 acre of ancestroral property from my grand father that he is alone enjoying & does not take care of my mother or brother.. he is locally very strong person..with friends from political background.
He preassurised a lot for me to take dowry which I was against due to which there was lots of quarrle between us & finally i decided to stop talking to him after couple of months of marriage as this was effecting myself/mother/brother a lot menatlly we are sick of him..as he also went to my inlaws relatives house & spread false news against my wife.. so that indirectly my inlaws may give him some ransom.. by creating social newsense...!!! which he is keep trying & not succeded... he has a very criminal mind.He also hit my mother several times as Am attached to my mother & I may agree or give hime some ransom..so that he stops hitting but I lodged a complaint for domestic voilence.. from my mother that he couldnt digest.
His criminal mind is now trying to some how get maintenance money from me somehow as my wife has also started earning & he cannot digest.. Plz help me what precautions can I take & on what grounds can he put a case.. does this case stand in court.. plz assist as i dont want him to loot my hard earned money for his lavish life & bad habits.
we are not expecting anything from him but to let us leave peacefully,plz suggest is there a way I can get rid of him judicially as its effeting me a lot mentally & not able to focus on my career ?
Regard's
Vikram.
P M Somani
24 August 2014 at 16:49
A document was executed and signed by the parties on 29.8.1996 and was notarised ( i. e. the notary public attested the execution of the document, though the parties did not signed the document before the notary) on 26.4.1998, i.e. after approx. 20 months of execution of the document. Is the notarisation is valid?
Kalyan Ghosh
24 August 2014 at 15:53
Respected Sir,
I am 67 and have only one son child with his family of my daughter in law and one my grandson(5 years).I have excellent relations with them.My son is big executive at a MNC and remains very busy.Moreover he is not at all property conscious.I wish to transfer everything in his favour during my life time,so that he has not to face any hardship after my death.For Bank A/Cs and Fixed Deposits my son is either a Joint Holder or Sole Nominee.
To my knowledge there are some options.
A)Gift Deed,B)Relinquishment Deed,C)Deed of Conveyance.Which one is the least cumbersome and least costly?
One civil lawyer dealing with property deeds has suggested that as my son is the only legal heir of my properties(My wife is not a factor ,she is as as kind to my son as well)simply by submitting one Affidavit before a First Class Magistrate will enable him to acquire the property.Whether the Hindu Succession Act allows this?Whether affidavit before a First Class Magistrate will enable him to acquire the property. Please help
Hussain
24 August 2014 at 15:36
Hello Sir
I have a criminal Record but i don't have any criminal cases pending or any warrants pending on me.
i was arrested and after 2yrs the case was over and i have the judgement copies with me, can i apply for a passport.
Thank You,
Anonymous
24 August 2014 at 14:49
Is there any role of company secretary in a banking sector?
Chetan
24 August 2014 at 13:25
Dear Experts,
I would like to know what should be rent agreement registration charges in noida for a rented property of 14000 P/M for 11 months..
AFAIK current stamp duty is 2%.. am i correct?
Can you please give me a rough idea on the same.
Thanks in advance.
-Chetan
P.C. Joshi
24 August 2014 at 13:14
Dear Friends,
One of my friend purchsed a DDA flat in June 2003 from a property dealer, who had purchased the same one month back on POA from the orginal allottee. In both cases, the GPA and SPA have been registered but Agreement to sell has not been registered.My friends was unaware of the imlication of a unregistered conveyance deed.DDA has recently launched a scheme to convert leasehold to freehold.When the broker saw the docs. he pointed out this problem to my friend. he is quite upset. is there any way to get the flat converted into freehold.though, his family has been living in the flat for last 11 years, there is no problem any time from the original allottee or the property dealer who sold the property to my friend. But I want to know is there any risk of litigation or claimfor owvnership of the house from the original allottee or the property dealer taking the advantage of the shortcomings in the docs.
Can anyone please share the views.Replies suggesting "consult to Lawyer" advised not to share their views as the issue involves sentiments.
Thanks
saurav
24 August 2014 at 12:13
Hello Sir,
I wanted to transfer my flat in Delhi to my father. I have following queries in effect to the above transaction:
1) Since it will be without consideration, I will transfer flat throught sale deed, However I wanted to know whether I need to pay stamp duty + Regsitration charges to the government. If yes, what would be rates? Is there any concession on rates in blood relation?
2) Flat in currently on home loan. what are the tax implication on:
a) transfer on property
b) home loan deduction (80C and 24b of IT ACT)
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Is slp maintainable?
Ld Counsels,
Accused filed 311 petition to recall PW1 both trial court and HC dismissed the petition.
Trial concluded the trail and convicted the accused within one month from the date of dismissal of above 311 petition by HC.
Can accused move SC in a SLP against the dismissal order of HC. 311 petition is vital for the case of accused. Will the SLP be maintainable after the conviction even though the period limitation is till there and the HC's order has not attained finality.
Please clarify
Thanks