Rajesh Tandon
28 December 2013 at 18:28
1. It is requested that experts from the lawyer club of India may kindly guide me.
2. I had a problem in my car which despite being shown repeatedly to the agency was not rectified. So I consulted a very close friend of mine Mr A who gave reference of somebody Mr B in another agency for his expert advice who was once upon a time his class fellow. I took advice of Mr B in examining my car. Thereafter the matter closed down.
3. Subsequently after 3 to 4 months Mr B approached me for some financial help mentioning that he was in dire straits and that he was in was in a lot of trouble. He required immediate financial help .He requested for financial help of Rs10,000/-(Rs Ten thousand). At the same time, he also requested that I should not make a mention of this to Mr A. Mr B, promised me that he would pay back the money next month. It was a Catch-22 situation for me since he was a friend of Mr A(a close friend of mine & a thorough gentlemen), yet he did not want his problem to be known to Mr A. With a heavy heart, I decided to help him out not knowing much about the character of Mr B.
4. Only thing which I did to my advantage was that I did not agree lending him money in cash. On some excuse I pretended to be busy in my work and transfered the money online to his account. For that matter, Mr B had sent the SMS to me about his account number and waiting to know my response as to if I would be transferring the money or not. This has been saved by me in my mobile.
5. I transferred the payment online on 19 June 2013. I have got the proof of the bank statement of account of 19 June 2013. Now it is going to the end of December 2013 and Mr B is not returning my money on some or other pretext.
6. It is a clear-cut case of cheating under IPC 415, illustration (f). However it is non-cognizable for which I need to lodge a complaint with Magistrate.
7. At the same time, I feel that he can also be booked under IPC 418 and 420. May I request the experts to kindly guide me as to if he can also be booked under IPC 418 and IPC 420 also. A clarification in respect of IPC for 420 is required since IPC 420 offers me a chance for lodging a FIR by virtue of the offence being cognizable but my doubt is whether the money transaction comes under the term inducing delivery of property (the language of IPC 420) i.e is money transaction included in the term property within the meaning of IPC 420?
Dhirender Wadhwa
28 December 2013 at 18:10
sir, my father is starting an huf. we are a bit confused due to diff. opinions given.. kindly help on following
1. he doesn't want to include our sister (married now) in the huf and has left her name in the deed.. is it possible.. as my info says that all his lineage( sons & daughters) will automatically be a part of huf.
2. I have a house in my name and have rent income.. an I deposit that rent income into huf.. will the income be calculated for huf or will it still be added in my itr..
thanx
Deepak Kumar
28 December 2013 at 17:56
Sir
I am in the process of divorce by mutual consent in the court and paid full alimony to my wife and I have a male child (2years old) which is under the custody of my wife (not by court but by herself) and my father has a self earned property in delhi.
Please tell me,
1. Can she claim share in my father`s property?
2. Can my child claim share in my father`s property?
3. How to save my father`s property from both of above claimant(wife and son)?
Ashok Kuvadia
28 December 2013 at 17:04
CAN CO-OPERATIVE COURT i.e. CIVIL COURT DECIDE ABOUT FORGERY OF SIGNATURE; WHEN THE STATE i.e. POLICE HAD ALSO FILED CHARGE-SHEET FOR THE SAME CAUSE:
(01) Dear Experts, I am thankful to all of you for giving me your valued Opinion time to time in past.
(02) I have filed a Dispute at Co-operative Court, i.e. Civil Court, against my Society which is Co-operative Ownership Housing Society.
(03) At one hand, in the Dispute at Co-operative Court, one of the Issue is about forgery of my signature, i.e.-- “Whether my signature on consent letter is forged, bogus, false and fabricated?”
(04) On the other hand, at my instance of complaint to Police, Police i.e. State of Maharashtra have registered F.I.R. & filed a Charge-Sheet against accused for forgery of my signature on consent letter, and the Case is pending at Metropolitan Magistrate Court.
(05) Now, recently the Co-operative Court i.e. Civil Court has dismissed the Dispute by its judgment against me. Wherein for issue about forgery it has held that--
“…as the criminal case in respect to forgery and fabrication of signature is pending before Magistrate Court therefore it will not be proper to decide whether forgery is done or not”.
MY QUERY:
(a) In such circumstances, whether the Co-operative Court, i.e. Civil Court has power to decide about forgery, when Criminal case of forgery is pending at Magistrate Court?
(b) The conclusion on which the Co-operative Court has arrived that it cannot decide about forgery, as mentioned above in para-05, is correct or not?
(c) Generally, whether the Co-operative Court, i.e. Civil Court has power to decide about forgery?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation.
Ashok.
padma
28 December 2013 at 16:31
Dear Sir,
I have completed 5yrs 55 days service ( 06.11.2008 to 31.12.2013)
Probation period is 1 year without PF deduction. (06.11.2008 to 06.11.2009)
4yrs is confirmed period with PF deduction.(06.11.2009 to 31.12.2013)
Pls tell me whether i am eligible for gratuity.
my company tells that they will consider only 4 yrs and refuse to pay gratuity
pls help me to get my gratuity.
which is correct? ami eligible to get gratuity.
Sanjit Kumar Das
28 December 2013 at 16:20
Dear Experts,
I have given my property at Calcutta on rent basis to my cousin brother in the year 2009. A nominal agreement was made on 10 Rs. stamp paper for two years with one room having my furnitures & they will use as such without disturbing my belongings rent was Rs 2300. After 2 yrs. at 2011 I made further agreement for 1 yr. rent incresed to 2600 but no agreement copy with me. & finally in 2012 May i made another agreement ( no paper with me)for 2 yrs. rent increased to 3500. He is paying rent every month I am paying the receipt.Now he is pressurising me to sell the property to him as per his price which is half of the market value & threating me he will through away my belongings &if I do not agree to sell then he is not going to vacate the house. What should I do. I am staying at Vadodara( Gujarat). How can I retrieve or evacuate the property which my tenant is suppose to vacate by April'2014. Kindly suggest.
Regards,
Sanjit Kumar Das
padma
28 December 2013 at 16:11
Dear Madam/ Sir,
MY Service period 06.11.2008 to 31.12.2013
probation period is 06.11.2008 to 06.11.2009, so they are telling on your probation there is no PF deduction so not eligible to consider ur propation period for gratutiy
But total i have completed 5yrs 2 months
Pls help me to get gratuity.
Padma
Pradip
28 December 2013 at 15:25
SIR,
WE HAVE RECD.NOTICE FROM I.TAX DEPT.U/S154 FOR I.TAX PAYMENT FOR ALL 4 QTR OF F.Y.2012-13.BUT FACT IS THAT WE MADE ALL OUR PAYMENT/RETURNS IN TIME. WE HAVE MADE THE PAYMENT AS PER NOTICE IN JULY 13. NOW WHAT IS THE NEXT STEP WE SHOULD HAVE TO TAKE ?
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Lok adalat
Hi Friends,
One of my Party in sec 138 of NI Act Agreed certain figure in Lokadalat which was Rs.120000/- to be paid monthly by Rs.5000 under court orders.
So he is not paying monthly Rs.5000/- due to me So How should I Claim ?
He agreed in Lokadalat & I have orders of Court?
So whats the procedure? I have no Cheques left to claim the amount?
please clarify