KIRAN
25 January 2014 at 13:20
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 10 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father not stayiny with me.
4)I m well setteled& haviny own house at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient. there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parens house.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of flat & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. It is admitted&exemption order is passed for all other members except me for lower court.Summons is received by her.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt.4 times.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling properties.
24)Now D V case is for Evidence & her cross examination is to be start on next date.
Now kindly advice me,
i)Should i submit all proofs / documents to the court before her cross examination of D.V ? or submit after her cross examination ?
ii)Should Lawyer prepare points/questions on paper before cross examination or take cross examination directly in court ?
iii) Should i make application to visit my kids u/s 21 of D.V act now?or submit afterwards?
iv)Shouid we make application to remove names of my married sister& father since they r not stayiny with me as per def. of family u/s of D V act.
v)What precaution should we take for taking her cross examination?.
vi)Kindly advice for best cross examination since she had left husbands house wilingly & desertion is from her side.
vii)What should be our stand against her appeal for interim maintenance in S/C?
viii)If I apply for child custody,is she eligible for any other maintenance other than D.V. maintenance?
ix)shouid I apply for divorce now or wait for some time after quashing 498a & D.V.case is over.
x) What precaution should I take reg. my properties before filing Divorse case ?
xi)Any other ur valuable advice to win this case.
Thanking you sir.
Regards.
YAGNESH HASMUKH DAVE
25 January 2014 at 12:29
sir a father has recvd ancestrated agricalture land in share with two others now they have decided to sale the agriculture land my question is:
1) what will be the cost price of land as its ancestrated agr land to be taken for calculation of capital gain tax.
2) can the father invest capital gain money recvd in share for flat or capital gain bond or he have to invest in agr land only to save capital gain tax
3)if the father give the capital gain money recvd in share to his son as gift whether the father has to pay capital gain tax pl explain briefly
Anonymous
25 January 2014 at 12:20
Dear Experts ,
i have received an assignment for doing tittle search and issuing of tittle clearance certificate.
please tell whether 3 years practice is compulsory for issuance of tittle clearance certificate.
if 3 years practice is compulsory then under which Act
Adv. Amol Choubal
V.N.K. MENON
25 January 2014 at 12:02
Early hearing application & CHAMBER HEARING
Author : V.N.K. MENON
Posted about an hour ago
============ REFERENCE QUOTED===e========
dear learned experts,
I had submitted an application for early hearing to single bench High court, earlier which was dismissed. Against this I filed the present LPA. LPA was disposed off with an advice to approach the Single Bench.
Opinion of ld. experts/ lawyers is requested as to under what law / route should I "approach the learned Single Judge with a prayer for early hearing" as stated in the order.
To facilitate transparency in the matter I am quoting below the order:
QUOTE
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CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R
13.12.2013
CAV 1058/2013
The respondents are represented on an advance notice. The caveat petition of Resoindent is discharged.
LPA 897/2013 and CM Nos.18778-79/2013
The petitioner is aggrieved by the order dated 25th October, 2013 whereby his prayer for early hearing made by CM No.14438/2013 in WP(C)No.17471/2006 has been rejected.
In our view, this appeal is misconceived.
LPA 897/2013 Page 1 of 2
The appellant makes a grievance that he is aged about 61 years of age and is gravely suffering on account of pendency of the writ petition. It is submitted that the matter was initiated under the Industrial Disputes Act in the year 2006.
It shall be open to the petitioner to approach the learned Single Judge with a prayer for early hearing and for the learned Single Judge to pass appropriate orders as are deemed fit and appropriate in the facts and circumstances of this case.
The appeal and applications are disposed of in the above terms.
GITA MITTAL, J
DEEPA SHARMA, J
DECEMBER 13, 2013
UNQUOTE
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Expert : Dr J C Vashista 9891152939
PRO CHAT CALL
Click to call for free
Posted about 9 hours ago.
Apply again giving sufficient grounds for early hearing of the case,although it is discretion of the Court.
Expert : Devajyoti Barman
PRO CHAT CALL
LPA does not lie from order of that nature.
You can file another application for fresh looking of your prayer for expeditious trial. File that application under Article 227 of Constitution or u/s 482 of crpc.
Expert : Adv. Chandrasekhar
PRO CHAT CALL
Posted about 8 hours ago Under Section 151 CPC read with S.10(2A) of Industrial Disputes Act, 1947. Also find out that various HC framed the rules for early disposal of cases related to senior citizens and quote them also along with your application. Your application must bear strong, cogent and germane reasons that why you should be given preferential treatment to the large backlog lying in the court's cold store rooms after rule nisi is issued. The Section 10(2A) provision says that individual termination cases have to be disposed off within 3 months from the date of reference. Even though this rule is not applicable for writ jurisdiction, it may goad the HC to bestow its mercy on you.
................................
Expert : T. Kalaiselvan, Advocate
PRO CHAT CALL
So the order is very clear that you have an option to approach a single judge seeking desired relief. As per the order you have approached the high court with an appeal against the rejection of an advance hearing petition only and also the original matter seems to be related to Industrial Disputes Act and not a session case as wrongly quoted. What is further relief you need now once your appeal has already been dismissed and show you another path in the said order itself.
======= REFERENCE UNQUOTE=================
Thank you experts, especially Mr. Chandershakhar and Mr. Kalaiselvan. The matter was admitted on 24th Jan and has been listed for 3rd Feb, thanks for your valuable guidance.
Alongwith the application for early hearing with cogent/germane reasons; I had also submitted an application u/s 151 CPC for chamber hearing due to hardness of hearing and difficulty hearing from a distance in the open court.
Is the route taken in the right direction or any thing has to be done further.
I shall be much thankful for your valued opinion.
Regards.
Anand Pratap Mishra
25 January 2014 at 11:51
My Company registered in Delhi has got Works Contract in Bihar for IOCL. My Company has no sales tax registration in Bihar. Please suggest how to move my machinery to delhi lying at some other projects. please suggest whether sales tax registration is compulsory in Bihar for executing work? If not Registered then what would be my liability?
Kaushal
25 January 2014 at 11:44
Dear Sir / Ma’am
We live in Noida. My grandmother has two sons and one daughter. Out of two sons, one is my father. My father bought our house before 15 years in my grandmother’s name. He also took home loan in her name but all the EMIs were paid by my father only as my grandmother had no source of income. Somehow, my grandmother has been always biased towards her another son (my uncle). Under his influence, my grandmother prepared will and in which she transferred our house (property) in my cousin’s name (my uncle’s daughter). Now, my uncle wants to sell this property and wants us to get out of this house. I want to know whether there is any provision in the law to save my house. I am sure that if we can prove that it was in the name of my grandmother but it was financed by my father then we can fight against this will. I need your help and insights in this case. Please, reply at the earliest.
Ravishanker
25 January 2014 at 10:56
Sir,
I have machinery worth 10 crores against Bank Finance. As the unit was in loss I decided to sell the machinery. One prospective buyer approached me and we agreed for a sale price of 3 crores. I had asked for an advance of 15%. However, they paid me 20 lakhs for which I issued an advance stamp receipt. They promised to give the balance money in a weeks time along with the balance of 15% which they didn't do till date. In the meantime I got another buyer who has agreed to pay 4 crores. I am yet receive any advance from them. I am refunding the entire 20 lakhs to the first buyer. I do not know how they would respond. Can anyone help me with the legal issues and whether my position is correct?
Thanks in advance.
Aji
25 January 2014 at 09:46
Is this true that when a grandchild becomes 10 years he inherits the property of his paternal/maternal grandparent?
Is there any law?
VINAY KUMAR RUNIJHA
25 January 2014 at 08:24
This is regarding one of the ADB funded project wherein the General Conditions of Contract as per FIDIC apply.The bids are to be invited on item rate tender basis.
Clause 12.3 (a)(iv) states that:
"However, a new rate or price shall be appropriate for an item of work if:
(a) (i) the measured quantity of the item is changed by more than 25% from
the quantity of this item in the Bill of Quantities or other Schedule,
(ii) this change in quantity multiplied by such specified rate for this item
exceeds 0.25% of the Accepted Contract Amount,
(iii) this change in quantity directly changes the Cost per unit quantity of this
item by more than 1%, and
(iv) this item is not specified in the Contract as a “fixed rate item”;
The employer with the intention of avoiding any payments towards variation in quantities and price adjustment as per clause 13, has stated in the Contract Document: Bid Data Sheet and Contract Data Sheet that the prices quoted by the bidders shall be 'fixed' as stated in (a)(iv) above.
Please clarify if the interpretation of employer in respect to clause 12[ particularly part (a)(iv)] is correct or not.
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Enquriy
My father got a piece of land from his father by the way of partition along with his brothers.
But my father sold these lands without consent of myself and my elder sister. both of them are major ie. above 18 years. With the help of the money he bought some plots and construct houses in his name and as well as in the name my mother.
Now both of them are refused to give any part of the land or building so far.
the above sold lands or plots are valid. are not. How can I fight with the sold of the property without my consent .