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

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Anurag Mittal   19 March 2014 at 16:27

Updated memo of parties : concealment of present address of party residence:

In civil family court proceedings can one of the parties conceal the Change in address of residence due to transfer of job of residence and does not inform of the present address and continues to mention present address only.

Anurag Mittal   19 March 2014 at 16:24

Quashing petition of complaint without summoning order in criminal complaint case: maintainability

A Criminal Complaint is pending at MM court at Pre summoning evidence stage . Complainant has summoned witness to lead his pre summoning evidence. No Summoning of the accused has yet happened; but the Accused just to Obstruct and Intervene conducts file inspection, takes Certified Copies of the entire complaint case docket and orders from trial court record and approaches the High Court praying for Quashing of the Complaint.

Is this Quashing Petition Maintainable or needs to be dismissed; rather the Filing section at High Court itself should flag objections that there is No Summoning as Yet as such this is not to be listed.

Further the act of obtaining certified copies of the complete complaint and interim orders from trial court by the accused when still no summoning has happened; is this not Fraud on the part of the accused / his lawyer?

Abhijeet   19 March 2014 at 16:23

Parking trsanction in apartment

I have a flat in apartment at Pune where I have one parking and want to purchase second parking from my neighbor. The sale deed is yet to happen. The builder has no objection for this transaction. So I wanted to know what legal document should I make for this transaction to secure the ownership of parking till I hold the flat.

AK PUNDIR   19 March 2014 at 16:11

Tds deduction in bhutan, (file attached)

Dear Sir,
Please guide me on the following Point.
M/s ABC Company Pvt. Ltd., situated in India.
Main Work / Business of said company is JobWork (Repair & Maintinance With Material)
Raised Invoice in Following Pattern to XYZ Ltd., Company situated in Bhutan :
BILL
M/s ABC Company Pvt. Ltd.
India
To;
XYZ Ltd, BILL No: 02
Bhutan BILL DT: 02/03/2014

Sr. No. Particulars Quantity Rate Amount
1 Material(uqj) 2 150 300
2 Material (cib) 3 235 705
3 Material (ouc) 1 141 141


Total of Material Sold 1146
Vat @ -- (Nil) due to Material Exported 0
Net Amount of Material Sold 1146

4 Labour Charges 354

Service Tax @ 12.36% on Labour Charges 44

Grant Total : (Net Amount of Bill ) 1544

The Main Question is that M/s XYZ Ltd., Bhutan, deducted TDS (TDS of Income Tax) @ 3% on amount Rs. 1544/- from our Payment /Invoice & Balance paid to us (1544 Less TDS @ 3% =46/- =Total Rs. =1498/- Paid to us). How we can get benifit of this TDS amount towards our Income Tax Liabilities. The Said Company give us TDS Certificate raised under Govt. of Bhutan.
Your co operation will be highly appreciated.
Thanking You.
Your Sincerely,

(Ashok Kumar Pundir)
Cell No : 9897049500
E_Mail : pundirask@rediffmail.com

SHADE jogeshwari   19 March 2014 at 15:23

Property tax

since 1952 I am paying NA tax & Assessment tax for our structure , where some tenants are staying without paying any rent , where SRA scheme is implemented . Now what are my rights for compensation ?
Tenant got there S.R.A.flats.Now being a landlord I am not in the S.R.A building.so can anybody forsed me to accept S.R.A flat as I haven't done any agreement

Uday Kumar   19 March 2014 at 14:57

Compound without complainant consent u/s 147 ni act

Dear Experts

Complaint case U/S 138 NI Act can be compounded U/S 147 NI Act in view of various judgment subject to the the Costs of 10% and 15% and 20 % of Cheque value

However the question is
Can Complaint u/s 138 NI Act be compounded without Complainant's Consent.

With Regards
Uday Kumar
Advocate

Srinivas Jerripothula   19 March 2014 at 14:29

Election code

Dear Sir/Madam

My Name J. Srinivas practicing as a Jr. Advocate. Here in Hyderabad, we have election code, but one the local leader from regional party has donated statues of Ambedkar and Babu Jagjivan Ram and planing to opening ceremony on 31st March, 2014. He wants to make it as political party meeting and making indirect advertisement for his party. He is local leader aspirant of corporator, he is working under the guidance of Local MLA. Please suggest me, what kind of action we can take. Do i need to wait till meeting or can i give the complaint in Election Commission. Please suggest.

Haroon Rasheed   19 March 2014 at 14:21

Buying an ownership property constructed on leased land

Hi, I have a question regarding flats in cooperative society situated on a plot which is leasehold…
I am looking to buy a flat for myself & have seen flat in old building in mumbai. The society is registered housing society. However, the plot is not owned by the society but is given on lease by an individual. Lease period is 99 years – balance lease period is less than 60 yrs…
I will like to know – What happens when the lease period gets over? Are the owners required to vacate the flat?? What kind of payment is required if the lease is to be renewed?? Can the lessor ask for termination of the lease even before the lease period is over?
Does the law anyway protect the flat owners in such case when the landlord does not want to renew the lease??
Request you to kindly reply urgently.
Regards,

Haroon Rasheed

sheetal sachdeva   19 March 2014 at 14:00

Recovery suit

What is the time limit to file a recovery suit? can we claim interest on the amount in question?

Law Aspire   19 March 2014 at 14:00

Stamp duty and registration

How one can obtain refund of stamp duty , if stamp papers are spoiled?

Under Property Registration, Can a Document presented for registration be withdrawn? What are its provisions?