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

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Vic   09 December 2013 at 14:00

transfer or papers

Hello all. I am having a property which is on my fathers name. Original sale dead is lost which was made in 1984. I am having the certified copy.
I want to transfer the property to my mothers name or my name.
I want to know the procedure to get new papers made on my mother's name or my name.
Please suggest me how to proceed.
Thankyou.

minsal   09 December 2013 at 13:47

Rent act

Dear Experts,

a person, as a tenant residing in a room in a chawl/building since last about 30 to 40 years (approx). now the landlord decided to redevelop the said building and prior to that he wants to convert premises from the tenancy to the ownership basis. Both, the tenant and landlord agreed for the same.

my query is that under the Bombay rent Act, can the tenant become an owner of the said premises by paying 100 times of rent amount?

Pl. guide me for the same.

Sadhana Patil   09 December 2013 at 13:25

Can arbitration clause affect the deed?

Hello Everyone

Two partners made an Partnership Deep to run a business at 50 % share equally. After some time partner A found that partner B is cheating ans sold the flats of the property to third party and earn some consideration in fraud business account. partner A filed a suit for specific performance in a civil court against partner B to compel the conditions made in partnership deed.

now the partner B's advocate taking advantage of clause which is in the partnership Deed. that is, if in future any disputes between the partners arises the dispute shall be refer to the arbitration.

partner A earlier filed the suit in Aribitration but not satisfies with the Arbitration proceeding and the case in Arbitration is pending. later he withdraw the case from Arbitration and files the new fresh suit in Civil court for justice.

My query is can he file the suit in Civil Court? under which provision? and what section? does any doctrine of precedent is available for him?

Please answer my query ASAP so partner A can get justice for his innocence.

Anil Pawar   09 December 2013 at 13:09

Income tax

Dear Sir,
I had filed return for A.Y.9-10 and 10-11 thru company related income tax practitioner.

the company has deducted my TDS for A.Y 9-10 & 10-11,and has issued Form NO.16.but in Form No 16 for year 9-10,Rs.10,000 are short remitted to Income Tax Dept,as seen from 26AS for AY 9-10.

In form No 16 fora.y 9-10 & 10-11, the employer has only mentioned salary given and not mentioned my due investment.
so. Income tax dept asked me for the clarification ,this letter was sent to income tax consultant, which he dint answer.
later income tax depat, issued me notice to pay the taxable amount.
My consultant told me that Income tax dept has hired data entry operators, and they have not paid attention to your claims and investment and the problem will be resolved.

However, I have sent my investment calimed receipt xerox,and for no 16 to income tax dept.
But income tax dept has collected money from my refund for 11-12 and adjusted it against demand for 9-10.

Now recently again i have received notice from Income tax department saying I have to product challans for payment of demanded amount for year 9-10 & 10-11.
IF not, they will take coercive action to recover the dues.
It appears they have not paid attention to my request letter of investments made and Form 16 for A.Y. 9-10 &10-11.

(I learnt from Internet that in the case of Sahani of yashpal Sahani V/s Assistant Commissioner, Bombay high court year 2007 give judgment , the collected by employer but not paid to IT TDS amount should be recovered form Employer)

Kindly advice me what should i do in this case sirs,

Regards

Rajiv Kumar Singh   09 December 2013 at 13:03

Contractual employement

Dear sir,

I am working as a contractual employee with an Autonomous body under ministry of health & family welfare.

Earlier there was a contractor involved in between the Authority and Employees and we were getting salary from contractor.

But w.e.f 01.01.2013 The Authority employed us directly and paying us the salary after deduction of TDS @ 10% under 194J of income tax act, 1961. The contract was for 1 year and it is about to renew for another 1 year with an increment of 7% .

I have 3 Questions in my mind:-

1. Can an autonomous body absorb the employees working there as contractual employees as the posts were not filled with regular employees for more than 1 year now ?

2. I have heard that SC said for Equal payment for equal work. According to that we are working at the post of having a grade pay of Rs. 4200/- on which salary comes to Rs. 33000/- per month where as authority is paying only Rs. 22500/- after deduction of Tax of Rs.2500/- per month. so are we eligible for the upgraded salary ?

3. Th authority is not deducting any PF or ESI etc whereas we are around 150+ contractual staff working with the authority since its establishment from 2008. What is the future of the employees ?

Regards
Rajiv

Shiva Shankara R. Shetty   09 December 2013 at 12:38

Open a wine store near to computer coaching centre

One of my client running a computer coaching centre in 1st floor since 10 years. Now, another one preparing to open a wine store in the ground floor of the same building.

If, wine store opens, no students will come to the coaching centre. BBMP office is located within 40 metre distance from the said building.

We approached a police commissioner to stop the wine store, but they told that, such 100 metres distance will be calculated from the main gate of the BBMP office and not a radius of the building.

Another police officer told that, BBMP office is not government office. Therefore, said provision is not applicable.

Please, we requesting to experts, to help us, in this matter

Think Best   09 December 2013 at 12:35

How to do ownership ? in suburb area .. when landload is not ready

I live in pagdi sys. bldg which abt 50 yrs old Our building is of 3 floors and each floor having 16 rooms total in our building 68 rooms.. we want to be ownership but landlord not allowing that ... we belongs in suburb area.. we not know any rules and regulation about it .. pls tell suggestion

kindly pls tell rules and regulation of how to do ownership..
landload increase maintenance every six monthly.. and we all tenant situation not good that transfer it to other place... even
now lots of harassment... we all tenant afraid it

pls reply soon
and suggestion pls

mohanlal   09 December 2013 at 12:25

Special leave petition (slp)

Is it mandatory to write the ‘brief of facts of the case’ in the body of the special leave petition (SLP) whereas it has already been covered in the synopsis and ‘List of date and events’ along with the Annexure – P1 (i.e. the true copy of the petition filed in the Hon’ble High Court) annexed with the SLP?

Kalpesh Patel   09 December 2013 at 12:24

how to file suite against isurance company

Pleasebtell me the procedure to file suite against insurance company in the consumer court. Is there need to appoint lawer or we can represent by own..? Fact of case is low fire claim damges...

Ryan   09 December 2013 at 12:14

Cgtmse ,defaulter npa, photo publishing

Respected Sir/Madam,

I am an entrepreneur and have borrowed a loan under cgtmse of Rs. 4.75 lakhs from State Bank Of India, the total loan was of 11 lacs, out of which based on 25% of m yc ontribution the bank sanctioned 7 lacs, 4.7s lacs used for machinery and rest was working capital , which we dint borrow. its just 2years passed for the taken loan, the total period of repayment is 5 years.

so far i have paid 1,66,000 Rs. however there had been delay in payment in between because of financial problems. after i took the loan we couldnt start our company because the raw material( chips also called as electronic IC's)were faulty and the whole design failed. i had to start from scratch, and the work of redevelopment was going on and in the mean time i was paying installments from my own pockets. but the situation got worst as the price of dollar started increasing.from Rs 42 it climbed to 58 and then to Rs 62. most of the components in my product are to be imported from abroad as india doesnt have microchip manufacturing industry. and it became difficult for me to enter production with the amount i personally had and the bank started threatning me on delay of installments,

once the account even became npa which i regularised after 6months by arranging the funds. and asked the branch manager to to rescheduling or restructuring of the loan, which he clearly denied. I gave him the genuine reason that the factors where beyond my control and based on economical reason i am unable to enter the production so please restructure the loan and increase the time period of repayment, instead of helping us the bank manager sent me a notice of publishing a photo of being defaulter. some how i was still paying the installments .

later on my mother was seriously ill and was hospitalised and later on expired the hospital bill was enormous, and i had to manage that too from relative and friends. in the mean time the installments to the bank delayed and the manager started to threaten me again and then i requested him to restructure and he denied again, and issues a photo publishing notice in leading local newspapers. i use to search a lot on internet about restructuring of loan for CGTMSE and i found the below attached RBI guidelines for sme-msme.

and it clearly says that the bank should help the sme the moment it understand that the company is going into npa, should identify a viable report and take quick hand holding actions.it has also removed the clause that the company should be in 2years of minimum production period and it says that even if the company couldnt start production after 6 months from the day it borrowed the loan , the bank should help it. restructuring can be financial help or not or can be extending the repayment period less then 10 years and waiving of some interest.

even the the bank manager clearly said that he will not provide additional finance and asked me to give business plan of other product that we can manufacture, so i gave him the business plan of other product, he took and sat quite for 6 months. no reply from him. and the mean time we were working on our other product too. the bank manager calls me and after 6 months and threatens me again that the account is NPA and i am going to publish the photo.and there is no such guideline to help cgtmse. as none of your business are working.

In the mean time i got notice form his higher branch that i have 60 days period and i can settle the npa account within 6odays else they will confiscate the machine that has been borrowed by banks money. when asked the bank manager, about the notice he says i dont know who had sent that to you. the 60 days get over on dec 18 2013.
so based on the threat calls i gave him proof of citation of Hon. High court of kolkatta and madras of similiar npa cases where the high court has objected the banks photo publishing action as the defaulters are not wilful defaulters, and i forwarded the same to the bank manager. he again replies me that the seniors have ordered him to publish the photo. so i replied him that you show those citations to the seniors and read the rbi guidelines and restructure and stop from defaming me. instead the bank manager without giving me any written notice published my photo in a news paper other then news paper that was told to me, and before publishing the photo we had started to pay the installments in step wise and informed the same to the manger, and still he published my photo and the period of 60 days is not over yet and the bank has taken all the data and sent the valuator for restructuring and had done nothing at all. i never wanted to cheat the bank as i am running the company with my own savings. and the bank manager has defamed me. i realised that the bank doesnt follow rbi guidelines, and Hon. High courts judgement is challenged by the bank and i have all the evidence of above mentioned cases in the form of emails, notice, acknowledgments and phone recordings where the bank manager has threatened me to spoil my name in business world. on the first meeting he had also told me that the bank makes the defaulter sleep on ice slab and whips them until they surrender all there property, but i dont have recordings of it,but i have witness as my friend. I want to file a case against the manager and his seniors and defamation case, please suggest me the necessary steps i should take, the bank manager ignores the lawyers notice too and acts like a barbarian.