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

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Vyas Desai   12 February 2014 at 19:27

Delay in appeal being heard by supreme court

The High Court declared a sale of land by my uncle as null and void in December 2008. My uncle approached to Supreme Court in January 2009. As we had not filed caveat the matter was admitted without out notice and stay granted. We have filed statement of objections. As only 2 properties were under dispute the stay on other properties were vacated after we filed application in March 2013.The matter is of 2009 before Supreme Court and OS is of year 1999. Our case has been heard by Supreme Court only once. Can I know how much time it usually takes for a matter to be heard before Supreme Court? How to speed up the final hearing.

SANGAMESWARA RAO DHUPAM   12 February 2014 at 18:23

Amalgamation deed chargeability of stamp duty

Respected Sirs,
By Hon.High Court Orders of A.P. under section 391 to 394 of the Companies Act,1956 amalgamation was ordered by the Hon.High Court. Now the Transferor company transfers its Assets and properties to the Transferee company by means of an Amalgamation Deed. By the Amendment Act 19 of 2005(as applicable to Andhra Pradesh) all the said nature of deeds brought to the nature of ‘Conveyance’ Article 20 of Schedule I-A of Indian Stamp Act, 1899 was amended by inserting 20(d) as follows:
Description of Instrument Proper stamp duty
20.Conveyance as defined by section 2(10), not being a sale
Charged under (No.47-A) or a transfer charged or exempted
Under (No.53)
a)….
b)…
c)…
d)conveyance, so far as it relates to amalgamation or merger Two rupees for every one
of companies under the order High Court under Section hundred rupees or part thereof
394 of Companies Act, 1956.. of the market value of the
Property, which is the subject
Matter of such conveyance.

My doubt is that
1) if a Transferor company executing a deed transferring its Assets and properties in pursuance of the Hon.High Court Orders for Amalgamation under the Companies Act, 1956, whether such deed is chargeable to duty under the above Article 20(d)conveyance as or Conveyance on sale chargeable to duty under Article 47-A.
2) After the Orders of the Hon.High Court for amalgamation, is it necessary to bring a separate deed for transfer of the Assets from the Transferor Company to the Transferee Company or not?
3) If a deed is necessary what would be the Stamp Duty chargeable whether under Article 20(d)as Conveyance as stated above or under Article 47-A i.e., on the market value as Conveyance on sale?
With regards.

nitya chandra   12 February 2014 at 18:07

Cyber Crime

Respected Members, Plz suggest me out that whether following acts come under cyber crime or not:-
1) If a person is doing online trading in share market by using taking a franchise by someone's else name without that person's knowledge or consent and by using that person's identity proofs fraudly???
2) If he operates that franchise by making a fake email id by using the name of that person??Suppose the person whose identity is misused is Mr.A and the email id is made as A2012@yahoo.com.

Shweta Bagkar   12 February 2014 at 17:58

Is income tax return necessary to file divorce petition? i

My friend has not filed income tax return as his anuual income is below 150000. he want to file divorce petition. is it possible without income tax return document.

Balasubramanian   12 February 2014 at 17:51

Land lord refuses to accept rent and not giving receipt in the name of widow after tenant's death.

Land Lord refuses to accept rent from the family of the deceased (in fact from widow of the deceased tenant)in mumbai,rent sent through post are returning back.what is the remedy?(the property is residential.).family has been staying for more than 40 years.

Raj Singh   12 February 2014 at 17:49

How to deal with a signed blank bond paper problem..

Dear sir,

I am Raj from Hyderabad and some time back in the year 2007, i have given surety to one of my friend to a private financier. My friend gave all the legal & original land papers to the private financier and for surety, the financier took my signatures and thumb impression on 100 Rs. blank Bond paper. Everything was going on well and after 18 months, my friend repayed all the loan amount and took back his original papers and the brokers who works with the financier didnt gave my signed bond papers to my friend.

Sir, now almost after 7 years one of the broker, who works with the financier called me and is asking me for money. He is blackmailing me to give the amount or else, he will write some xyz amount in it and file a case on me.

Sir, i am employed with a private company and i am living with my wife and daughter in Hyderabad. As mine is a love marriage, none of my family members will support me.

Kindly help me to overcome this situation.

maik   12 February 2014 at 17:41

Query related the crime raised during the civil proceedings

i want to know that if a criminal charges arises due to a civil proceeding and the civil case sattle between both the parties out of the court than, will the criminal case raised from the proceeding will remain continue or will also be rejected on the bases of civil sattlement.

Member (Account Deleted)   12 February 2014 at 17:30

Cs 15 months training

Dear Experts

Please guide me. I am undergoing 15 months training in a Company and have completed 9 months. My appointment letter says that if I plan to leave, I will need to serve a notice period of 30 days. Just to inform you that I am expecting and hence would not be able to continue the training as the office is quite far and the journey involved is too long. Please confirm if I need to serve the notice period in order to get an NOC OR I can get the same without any notice period.

I know my Sir will make my life miserable because since the time I have joined, he puts all on the work on me and doesnt involve himself much. He wouldnt want me to leave the company. But my life is taking a new turn and I do not wish to do anything that will affect my unborn baby.

I also do not regret quitting because the work that I mostly do in this Company is in the nature of clerical work as it involves mostly printing, scanning etc. Not much exposure.

Please reply. I need your assistance.

K*I*L*L*E*R   12 February 2014 at 17:04

Mcd 13b

Sir need to inquire about 13b mcd,
Im going to apply in couple of days after first motion will the second motion date be provided to me by the judge or I can put second motion after assuming that six months r over

Example if I apply for first motion on 1st march so the second motion will be in 2nd september

dipankar naik   12 February 2014 at 16:50

Huf

My wife's brother, Karta of a HUF sold off the ancestral property after taking the power of attorney from all the siblings and now the sale proceeds are not coming through, Is it a criminal case or a civil one? and what steps should be taken to collect our rightful dues?

Thanks.