roy
03 December 2013 at 17:19
Sir,
I have booked a flat in Vadodara for Rs 32 lakhs. The sale deed for the same is underway. When I went to the builder, I was told that the sale deed would be made in two parts - one, for the cost of land, i.e. Rs 10 lakhs and second part would be an Agreement of Construction for Rs 22 lakhs. I have been given two options, either make one sale deed and pay the complete stamp duty, which is about 1.8 lakhs or make it as proposed, where the stamp duty is reduced to about Rs 60,000/-. As on date, I have paid only Rs 60,000/-.
I wish to know if this is legally acceptable and what complications can I face in future.
regards
Gargi Ranade
03 December 2013 at 17:07
Dear Sir,
We are subsidiary of the Japanese Company. We are manufacturers of Machine .Machines are manufactured by using the know how of the parent Company .
We sell our machines in local as well as in the International Market. Warranty terms for local market Sales lies upon us whereas in export market lies upon Parent company.
As of now, we use the Brand Name and mentioned details of our Company (Indian ) on all the name plates of the machines manufactured in India.
Now, our Parent company is insisting on the basis of their intellectual property rights that we should put name of the parent Company and details of the parent Company on the name plate of the Machines.
I understand simply following the instructions may lead to many issues in this case for e.g.
In such case Can Indian company be held liable for the warranty terms of the Machines which are sold in India.
Today we are working as a manufacturer Exporters and such changes may lead to assumption as we are contract manufacturer .
We may have problems in TP regime and impact can be much more.
Which all provisions and acts I must consider while understanding the implications of such changes.
I know that this very critical issue and we will require to approach consultant before taking final steps .
but I want to update myself before going to the consultant so I can update the management seriousness of the issue .
Can you please suggest me upon the acts and provisions which I should consider for avoiding future consequences of this issue.
Hariom Sharma
03 December 2013 at 16:37
Agreement between A & B
"A will issued certificate to B to start commercial operations and B will pay premium every month including the month when a certificate issued, to A".
But here problem is
A issued a certificate to B to start commercial operations on 31.10.2013 at 7 PM (after closing of working hours) and demanding premium for october. In my view, operations will be start from next business day.
Need help.
rishabh
03 December 2013 at 16:14
A petition was dismissed by delhi high court in 2010.
The entire proceedings were vitiated in contravention with the Indian evidence Act and CPC.
Some forged documents were read in evidence without admittance/denial of opposite party and without taking these documents on judicial record.The whole proceedings are void and nullified inn view of settled laws and code.
Can the said proceedings be challenged before Supreme Court under article 32?
GANGAM.RAJENDER.
03 December 2013 at 15:58
THIS IS THE CASE OF 498A,506 OF IPC AND DP ACT SEC 4
I.A NO. OF 2013
IN
CC. NO xxx OF 2013
Between:
xxxx w/oyyy . applicant/Accused-2.
AND
1. The state of A.P , REP by SHO,
2. xxxx w/o yyyyy respondents/complainant
APPLICATION FILED UNDER SECTION 239 OF Cr.P.C
The address for service of all notice and process on the above named applicant/accused-2 is: xxxx w/oyyy , Age 50 years,Occu: House wife R/o xxxx DIST.
GROUNDS
1. Humbly submits that i am the applicant and is the Accused-2 in cc.noxx of 2013 on the file of this Hon’ble court. I further submit that the charge-sheet filed by the Respondent no.1 and the proceedings in cc.no.xxx of 2013 on the file of this Hon’ble court is abusing the process of law by not complying with the criminal procedure code and applicant is liable to be discharged from the case. Respondent no.2 in this petition is defacto complainant in cc.no.xxx of 2013.
Details are as follows:
a. As per the charge sheet alleged allegations have taken place at xxx village of yyy mandal,which falls in the limits of this PS and with in the territorial jurisdiction of this Hon’ble court.
b. Respondent no.1 failed to investigate the complaint at the alleged allegations taken place i.e shifted house at xxx.police did not even visit the crime place i.e shifted house at xxx ,single time and completed the investigation and not collected the neighbour’s witnesses and documentary evidences regarding this offence at shifted house at xxx ,yyy village of xxx mandal and filed charge sheet in this Hon’ble court.
c. Absolutely no evidence is available for allegations either in complaint or in charge sheet against the applicant and applicant is liable to be discharged from the case under section 239 of Cr.P.C.
COMPLAINT AND CHARGE SHEET ALLEGED ALLEGATIONS AND NO EVIDENCE IS AVAILABLE.
2.a).The complainant admitted in the complaint that at the time of marriage, as per the demand of her husband and mother-in-law ,her parents had given Rs 1,80,000 /-(including vechicle and gold articles) to him towards dowry.
b). And in the complaint alleged allegation is that her mother-in-law applicant/accused2 instigated her husband with fabricated words and harassed her physically and mentally for demanding to bring the additional dowry an amount of Rs 5 (five lakhs) lakhs from her parents,otherwise she would went out herself from the house and also subjected her in cruel nature by confining in the room .At last they sent out her from the house by threatening to kill her.
c). As per the charge sheet LW-8/ investigating officer examined the witnesses i.e LW’s 5 to 7 who are the neighbours of LW-1 ,they revealed that after marriage,the LW-1 is leading marital life with accused-1(A1) in jagtial for 8 (eight months) months only, on that they were shifting to xxx and residing at there.
d).According to charge sheet investigating officer established that the accused A1 was also harassed the LW-1 physically and mentally for demand to bring the additional dowry an amount of Rs 5/-(five lakhs) lakhs from her parents house, otherwise he would perform second marriage by killing her and he was also abused her in filthy language, otherwise she would went out herself from the house and also subjected her in cruel nature by confining in the room. At last A1 and A2 sent out the LW-1 from the house by threatening to kill her.
e). Alleged allegations as per the complaint and charge sheet is that the defacto complainant has been confined in the room three days prior to complaint Dt: 02/04/2013 ,which are vegue allegations and which was not properly investigated by the investigating officer and not collected the documentary evidences and neighbour’s witnesses regarding the confinement.
f). As the applicant/accused-2 (A2) has not been lived together with the complainant and accused-1 (A1) ,and not involved in the alleged confinement and demand of additional dowry .
3.a). There is no cruelty and harassment of defacto complainant and coercing her to any unlawful demand for any property or valuable security or any person related to her to meet such demand. the defacto complainant made all vegue allegations(not specific allegations) in the complaint against the applicant/accused-2(A2) in the complaint.
b). And complainant(govt employee) and also investing officer has not submitted any documentary evidences regarding additional dowry demand and continuation of cruelty against the applicant/accused-2(A2).
c). And all the alleged allegations in the complaint and also charge sheet are false and groundless against the applicant/accused-2 (A2) .
Therefore it is most respectfully prayed that this Hon’ble court may be pleased to:-
i).pass an order of discharge of applicant (A2) in the proceedings cc.no.XXX of 2013 on the file of this Hon’ble court.
ii).pass such other order or further orders as this Hon’ble court deems fit and proper in the particular facts and circumstances of this case.
Q1.IF ANY MODIFICATIONS AND PROCEDURAL CORRECTIONS PLS GIVE ME SUGGESTIONS SIR
q2.will the accused aquitted from the above facts.
THANK YOU SIR
Amit
03 December 2013 at 15:54
Hi,
Brief facts:
My wife filed DVC and as part of that asked for residential order to stay in the house owned by me. Magistrate has ordered to pay rent instead since we never lived in that house and hence it's not a shared household.
My wife went for an appeal to Session court which reversed the magistrate's order and passed order to let my wife stay in the house.
The house is currently tenanted (from a long time).
Today, my wife came and forcibly got one room vacated and placed her luggage in that room. All this happened while I was away. She brought police along with her.
My questions are:
(1) Don't we have one month time to file an appeal?
(2) During this appeal period, can she forcefully come and stay? Police accompanying her said that she got the order to stay.
(3) The house is now locked by her. What are the next steps for me?
(4) Can I tell the police (in the PS) that appeal period is not over yet?
(5) How do I get her vacated now? I'd like file in HC against the Session court order.
(6) Can she say in HC that now that she's staying in the house (from few days), let her continue to stay?
Thanks
Pawan Kumar
03 December 2013 at 15:35
From which date stay order regarding a case of 'Specific Performance of Contract" of immovable property given by civil court is binding from date of filing of case or issue of stay order. if some one take any contraceptive action between two dates, whether transaction is valid.
Ajay Sharma
03 December 2013 at 15:34
Dear Experts,
Would request your urgent help...
DV and divorce are ongoing with my wife. MM has issued and interim protection order to wife, but no restraining order. Few days back, I saw my wife talking with a man i despise on a road. I thought I can click their pictures and use that as proof of adultry. While I was clicking picture they saw me, I got hold of this guy and gave him a sound thrashing. I also filled a complaint under 107/151 with local police station. In the police station I had an argument with my wife, where i said she can't meet outsiders without my permission, till the time divorce is pending. The guy took notice bail from court. Now I got to know (from an informer in their family) that they are planning to move an application under sec 31 for breach of protection order. They also have recorded the argument in the police station.
Can fighting with a guy talking to my wife be taken as violence on her??
What are the chances of application under sec 31 being accepted?
Am I in big mess?
What should I do to safeguard myself.
Please help ..
ksr prasad
03 December 2013 at 15:31
Has anybody got a right to execute a WILL in favour of his wife & sons on his moveable/immoveable property acquired through his own earnings and ancestral property ? If yes, can he distribute disproportionately to his wife and sons ? What does the property /inheritance law say about it? Pl clarify.
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Stitl parking in mumbai
Ours is a registered CO Op Society and I am the Secretary of the same. I need clarification on the basis of recent Supreme Court judgement on Stilt Parking.
1. from what date this judgement is valid ie. the date of original civil suit is 2004, civil court judgement is 2006, High court appeal order is 2008 and Supreme court judgement is 2010.
2. The builder has issued a letter of allottent for stilt parking which is neither registered not the schedule of property mentions about stilt parking. Whether any document which is part of the original sale agreement without registration is valid/
3. The letter of allotment is 27.12.2006, the original flat sale deed is dated 28.12.2006 and the stamp duty paid is 29.12.2006. Is this a valid document?
4. Whether the ii purchaser of the flat is eleigible to get stilt parking from the first purchaser without a valid registration of stilt parking site?
We need clarification.
Thanking you
V Srinivasan
Secreatry, Subham CHSL
Kandivili west, Munmbai 40067\veeyeselss@gmail.com