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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nilesh kokane   27 February 2014 at 11:41

What is the time duration to file a civil case from the knowing the matter

what is the time duration to file a civil case from the knowing the matter as my case is of our family land my uncle made a forge power of attorny and sold some part of our land in 2004/2007 we came to know in 2011 we filed a police case which proceeded to a court case n is going tariq pe tariq i was told by experts to file a civil case n i want to but let me know how much time i have got to file a court case the first lawyer cheated us didnt send notice n the second laywer was good but he got promotion as the became a govt laywer i also want a laywer from pune as early as possible n want to if the value of our land is 15 lakhs (govt. value) how much court fee should i pay n if i have to pay for my share of land or the whole value of land please guide

gaurav   27 February 2014 at 11:33

Transfer of ancestral land

my ancestal land is to be transfered in uttar pradesh from my father to next descendants. my grandfather's nickname is there in khatauni(diferent from his official name in other records). I gave proofs but its pending at tehsil level.People advice for declaration suit. Whats it and how much approximate time it will take to order. I dont have any opposite party.

Hari   27 February 2014 at 11:13

Need to understand lawyer practices

Hi,

Myself Hari, my mother had recently have filed a case against her elder brother for partition of a ancestor land.

Our lawyer is staying in a different city so as the respondent.

The point here is the case is prolonging for 8 months and the respondent's party have agreed for a out of the court settlement before 2 months.


The respondent's party have filed a memo for that in the court it seems so we are waiting for a resolution from that front but we are still waiting for it.

CAN WE SPEED UP THAT PROCESS BY ANY MEANS LEGALLY??..

Second question is our lawyer is not responding properly, he is our only point of contact to our respondent's party.

Every time when we ask for a update he is saying that they are working on it and will let us know once they update any for 2 months
and he is denying to give us the case number every time when we insist for it, now we have no particulars of the case that we have filed and without that we don't have any reference about the case and its whereabouts.

Why does our Lawyer denies us with that information, can we do something to track that case number??

pls help..

Surrender K Singal   27 February 2014 at 10:49

Invoking 148 after 143(3)/254

for A Y 2007-08, assessment u/s 143(3) was set aside by ITAT on 07.08.2012 which attained finality but new ITO initiating 148 proceedings simply on change of opinion on 29.08.2012 (after over 4 years) and then reassessing on 30.01.2014, creating huge demand for disallowed Depreciation and direct expenses, disagreeing with his predecessor, on the basis of internal audit observations on assessed rate of depreciation. Should Assessee (a) approach ITAT for circumvention of its Order (b) file regular First Appeal before CIT(A) once again (c) approach administrative CIT, or (d) ignore notices of (i) arbitrary Demand u/s 156 and (ii) penalty proceedings u/s 274/271 ?

shashidhar   27 February 2014 at 09:42

Buying of land

sir,
i am purchasing land from a owner, that the land is in his grandfathers name,his grandfather and his father died,after there deaths they have not converted to their names if i want to buy i shall take signs of his brothers,and his mother, and death certificate of his grandfather and father and shall i convert the khata to my name after registration.

venkatesh   27 February 2014 at 08:19

Director identification number

Is it possible to register and get a DIN while working in another company as an employee? If no, is there any other way to register my company ?

danish   27 February 2014 at 02:36

Succession ceritificate

family:
1)how do I obtain a succession certificate?
2)what is the procedure to receive a succession certificate?



DIPAK KUMAR GUPTA   27 February 2014 at 00:19

Validity of termination of employment

Dear Sir,

Greeting from Dipak Kumar Gupta

I would like to raise the following issue with a request to kindly advise me.

Please note that my employment contract w.e.f.01/08/2013 consists of only my designation as Financial Controller,monthly consideration (inclusive all) and one-month notice period.

My employer is not fully organized.There is no hierarchy.They are engaged in manufacturing of Ayurvedic Proprietary Cosmetic.

Now,suddenly directors has appointed a HR and within 2-days of his joining,I received a mail on 14/02/2014 from him alongwith cc to directors that the Company has terminated me since my performance is not in line with like of a senior manager.

I have also not received any consideration for notice period except a mail that my dues will be paid after deduction of full TDS for 2013-14 since no tax has been deducted since my joining.

Whether my termination is unlawful?

Please advise me.

Thanks & Regards
Dipak Kumar Gupta
gupta.dipak@icai.org

bishwajeet kumar dey   26 February 2014 at 23:41

Women harress by husband

sir, my name is bishwajeet dey.i want to know throgh this expert advise.we are in problem regardin my elder sister.plz guide me what to do.
my sister get love married.she registred marriage in court. she hide her marriage to us.
she think when right time come i will tell, every time her husband told to my sister wait i have
problem in my house when problem solve i shall bring you.but after having waiting 1.6 year
her husband not bring her to home.during this period usally husband take money from my sister.
my sister is working in private collage as assitant lecturer. far away from my house the live together
2-3 days in a months.our family not aware about all these matter. time come when my elder sister told
everything to us. then my family and relative try to contect her husband he told us same thing
we have problem in family when resolve then every thing will fine. now our family waiting response from her husband side.
no reply 6 months passed. we got her in-laws address we talked her father in laws he told i donot know about this.
one day my sister husband call he told go and meet my parents i along with my parrents visited her house
and meet sister father-in-laws and sister's husband. while meetineg husband and father in law told us
we do not accept registered marriage. i accept if marriage conducted in social ways.
my father accepted. in-laws family decided marriage will organise in tample in hindu tradition.
but befor marriage sister father-in -laws told as you know my son is unemployed for that
you have to give 5 lakhs to start a bussiness for maintain their livellyhood. and a list of demands.
gold ornament,household items,bike etc. my father fullfill all demands. marriage finished on 13 augt 2012.
after 1 month my sister return back with husband. her husband told us there is custom. we welcome both.
husband return back. my sister told how they behave with my sister while living with in-laws family. she told to mummy her husband
has relation with her BHABHI(Elder brother's wife) elder brother not live in home he is working in ludhiyan.
husband fighting every days since she came. husband told you have to adjest other wise go.
mummy make understand everything will be fine wait. after 15 days sister's husband
called. he told to my sister i am going to ludhiya for job where her elder brother work.
after some days i will bring you to ludhiyana. day by day passed husband not contact
my sister not even give her ludhiya mobile no. and address. he called 1-2 time in months form her roaming number.
sister waiting he will contact. but time passed 1 year.during this period my sister and our family and me too.
contact her in-laws family they answer only we donot know where he live in ludhiyan and contact no.
we got her address and i along with my father visited ludhiyana he living with elder brother family.
my father told her elder brother regarding this matter. he told i cannot help you it his personal matter.
we try to make understand but we donot any satisfactory answer.he told i am coming with in 10 days. we return back.
my sister still waiting but her husband not come and repeat same behave.
6 month passed now a days my sister husband was told my sister i leave you forever.whatever you can do you can go ahead,
he also thretaning him and my family including me keep quiet otherwise it will come to end in bad result.
we are afraid. what to do.the boy destroyed my sister life.someone told us contact women help line and complain. GIVE ME LEGAL ADVISE HOW TO GET JUSTICE.
WHAT WILL BE THE COURT VERDICT REGARDING MY SISTER'S CASE.........waiting for your kind attention.
B.K.DEY
BIHAR.

Paresh Vaidya   26 February 2014 at 23:36

Requirement of share certificate for loan against property

I bought a house in re-sale from an existing owner of the house (and not the builder) in the year 2010. That time I took a home loan from Bank ‘A’. The original share certificate was given to Bank ‘A’ along with the original Sale Deed and other documents. The original share certificate was in the name of the seller and Bank ‘A’ accepted it. The share certificate did not bear the stamp of the society nor the seal, but carried the signatures of Chairman, Secretary and a Committee Member.


2 years later, in the year 2012,I transferred the home loan from Bank ‘A’ to Bank ‘B’. All the original documents were submitted to Bank ‘B’. Bank ‘B’ also accepted the share certificate – without my name and without the society stamp / seal.


Now one and a half years later, in the year 2014, I have again transferred the loan to Bank ‘C’. I applied for home loan as well as a top up loan (i.e. loan against property) from Bank ‘C’. Bank ‘C’ has already disbursed the home loan pending the original document submission (since this is a normal practice as the retrieval of original documents from previous bank takes time), but did not disburse the top up loan amount.


After I submitted the original documents to Bank ‘C’ and have been following up for the top up loan amount disbursement, now the Bank ‘C’ is insisting on two things: (1) stamp of the society on share certificate and (2) reason as to why even after three years, the society has not transferred the certificate in my name.


With respect to (2), I have obtained a letter from society in favour of Bank ‘C’ (which is in addition to the customary NOC which society has issued in respect of each loan – from Bank ‘A’, ‘B’ as well as ‘C’), stating that the transfer of share certificate is pending since the general body meeting of the society has not taken place (howsoever weird it may sound, this is THE TRUTH that no general body meeting has taken place), and as and when the meeting takes place for transacting the business related to the transfer, the same will be processed.

In fact, in all the NOCs also, society has mentioned that certificate is yet to be transferred in my name and as and when the same is done, the certificate will be directly sent to the respective bank.


With respect to (1), I find it a complete irrelevant demand by Bank ‘C’ for the following reasons:
a. Irrespective of the stamp, the certificate is not in my name and hence, the Bank ‘C’ has already got a letter (in addition to the NOC) acknowledging this fact; and

b. None of the earlier banks had insisted on the same.

I have heard that share certificate or no share certificate – does not impact the title to the property so long as I have a registered sale deed and I have been regular in paying my maintenance.


In view of the above case, I wish to know whether the Bank ‘C’ has a right to demand stamp on the share certificate. I also don’t know whether a normal rubber stamp will do or will it require a ‘seal’.


Kindly advise.