Rama mohan Acharya
09 April 2014 at 10:08
Can the order passed u/s 45 AA be challenged in ESI court u/s 75? If yes, what is the limitation period for filing the appeal in ESI Court? It is stated in section 77 of the Act that the limitation period is 3 years from the cause of action. Here the cause of action is the date of order u/s 45 AA or order u/s 45 A or date of contribution payable for which the order was passed?
Can the ESI authorities proceed for recovery or other actions before the period of limitation>
Kindly advise.
Regards
arun
09 April 2014 at 09:53
Good day to all..
I am a mariner by profession.I have been working since 2008 to till date.so every time when I used to go to ship I used to keep all my bank related paper chequebook etc in my house under the possession of my father n also used to sign 2 or 3 cheques for my parents emergency requirements.
But he had been misusing my signed cheques since last 1 n half year by emptying my salary account in my absence from country.It all started after my love marriage and refusal to ask dowry from my in-laws.
So last year after coming back from ship when I saw myfather has withdrawn 8.4lacs from account n kept it in minimum balance. I asked him to give my chequebook back.he refused and kicked me out of my on house which i purchased in 2012.so in march 2013 I went to my bank n gave stop payment application stating the cheques are not in my possession.
After that I opened another nri account n never credited a penny in the previous account.
When my father took possession of my house n kicked me away I told him that I ll not continue the bank emi's
Of that house n asked my father who is the guranter of that housing loan to pay the emi' s from the money he had withdrawn from my account or else give me my house back n I ll continue the emis..
He asked me to go to court for justice n abused me n also told me that I should forget about all the money he had taken in last five years (almost 19lacs according to bank statement).
Now my father has used one of my signatured cheques to frame me falsely under NI act 138 saying that he had paid emis of my home and also registration fee of my home. All of this money ws actually taken from my account by my father in last year before I stopped my cheques.
Plz advise how to tackle this case as my father is willing to use all dirty tricks and gain sympathy in all possible way.
Satya nand aggarwal
09 April 2014 at 07:01
One jagan was the owner of land after his death propert deoved upon his son joginder pal. Then by way of decree it was transfered in the name of his two sons s and k. S sold the property illegally to kimti. The sons of s can repudiate the sale deed on the ground of ancestral property. My query is 1. Wether it is the ancestral proprty quq sons of s or not 2. Wether sale deed can be declared illeagl. 3. Whether after the dectrr it looses the charcter of ancestral or not
Anonymous
09 April 2014 at 04:03
Please post some leading cases where photos were posted on social media to mislead people about a person's character.
Anonymous
09 April 2014 at 03:58
Which is the best way to document a facebook post which might get deleted? Is it a print out or a Snapshot of that page copied into ms paint?
Amish Sheth
09 April 2014 at 03:53
Dear Senior Lawyers,
I need your advice on few specific queries based on the below Case History. I would be thankful to you for your valuable inputs.
I purchased a 960 Sq. Ft. Flat in Koparkhairane, Navi Mumbai back in March 2008. I do have a active home loan on this property with ING Vysya Bank, Mumbai. Property was bought based on the 12.5% Gaothan expansion scheme - Tripartite Agreement done between the Builder, Villager (owner of the Plot Land) & CIDCO.
Problems:
NMMC Property Tax is still in the name of the Villager (Owner of the Land from whom the Builder purchased the land and built the Building). Basically the NMMC Property Tax is still not transferred in the name of the Builder.
We (There are total of 7 flats, out of which one is still under the ownership of the Builder) are ready to pay our share on the property tax but the builder is not cooperating and asking us to pay him the money. We don't mind paying him the money but in the month of April 2013, we did pay him our share of money and he never paid the NMMC Property Tax Bill till October 2013 and than we requested him some 20 times to pay our money back and luckily 3 Flat Owners including myself got our money back.
Builder is a fraudulent person in monetary transactions. He is not even paying his Building Maintenance since October 2013. Earlier we used to pay him 1000 Rs. every month for Building Maintenance but we stopped it because when we asked him about the expense report, he did not have anything to show us.
Builder did not pay the Water Bill (Yes the Building's official NMMC Water Bill comes on Builder's Name) for almost 2 years and still we are clearing off the Water Bills with penalty which is double the bill amount every 2 months.
I checked with ING Vysya Bank that why did they disburse the Home Loan on this property to me without checking on NMMC Property Tax bill which is still not in the name of Builder's Firm. They cleaned their hands stating that they had received signed NOC from Builder as well as my signature is present in that NOC.
OC, CC and all the other necessary paperwork is in the name of Builder's Firm.
My Queries:
We would like to form the society for which we would require Builder's NOC. If Builder doesn't give us the NOC for Society Registration, what would be the legal process and the timeline to closure?
Is there a possibility to Go Legal against the Builder for the non-payment of the NMMC Property Tax bill and if Yes, please explain me the process?
What would be the legal process to request NMMC to provide us individual Property Tax Invoices so that we the Flat Owners can pay our own Property Tax immediately?
Builder has not provided any official expenses report to us for the building maintenance we have been paying since 2008. Yes, we do have few official bank transactions (wire transfer entries and cheque payments) done to the builder for the Building Maintenance i.e. 1000 Rs. per month. Can we file a legal case at a Consumer Court in Belapur, Navi Mumbai summarizing all the above factors? If yes, please guide me on the process.
Can I file a case against ING Vysya Bank for cheating me as a customer and also there is strong case of under table corruption which can be added as I am confident that the Bank Agent involved with the Builder must have got under-table money to get the documentations set at the Bank and disburse the home loan. I am saying this because 3 other Flat Owners are having the Home Loan in this building with the same bank i.e. ING Vysya Bank.
Your valuable inputs and detailed explanation would be much appreciated. I am currently in state of mind where I really don't know whom to approach. If I go to a Local Lawyer, he might get a better fees from the Builder to put down my Case at the right time and hence I am really worried.
Please help!
Regards,
Amish
rimi
09 April 2014 at 02:08
i have discussd my case earlier .i m givng link below. http://www.lawyersclubindia.com/experts/Divorce-case-457471.asp#.U0RfCaiSySo
what should i go for 498a/b/c. what is the difference between the three?
i have read at this forum that in case of 498a cases sometimes ur lawyer and the accused connive to make a wifes case weaker. what should i do to prevent it?
i hv evidence on audio/ video/ photo/. what should i do to protect it from my husbands side in case my lawyer asks for original copies to get it verified or some other way? he may destroy it or give it to in laws?
if he is prosecuted or somehow he loses his job, can he claim maintaince frm me? i m working bt dnt earn much and have a child who i hv to look aftr.
all my jewellry i hd givn thm, i askd once for it bt they refused, thn sudnly my in laws said it is with u. we nvr ook it. how can i get it back?
Amrith Vizag
08 April 2014 at 22:51
Dear Experts,
I request your guidance on the following:
My friend & myself are the only two shareloders of a private limited company. He owns 20% share.
He has fallen gravely sick and has written a Will bequeathing property to our company - which will come into effect after his demise. It is intended that his family should inherit the 20% share.
Now, will him bequeathing property to the company affect his shareholding is the primary question.
There is nothing explicitly mentioned in the Will that share holding should not be affected. Please guide so that we can make ammends before its too late.
Thanking in anticipation,
Amrith Raj. A
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Sarfeci act
A pledged documents of certain property with the bank for security of loan. He sold the properties and handed over the possession to different persons through Regd. Sale Deeds. The loan remained unpaid and the bank has taken a symbolic possession of the properties under SARFECI Act. Can purchasers who are in possession of the property ask the bank to release the Title Deeds pledged,in their favour if they pay the outstanding for and on behalf of loanee. what will be the remedy If bank refuses to accept this proposal. Can this proposal be enforced through Court by filing a Suit for Mandatory Injunction?