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

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jay pathak   30 October 2013 at 14:58

Desertion and maintenance

sir

My wife is working and she is drawing a equal salary as me and we have a 9 month child.
If i am able to prove that my wife has deserted me and i win a case and get a divorce.
1. What maintenance will she get .
2.I have a flat in the co ownership of me and my father purchased before marriage. Will she get anything out of it.
3. My father is having ancestral land in his name. How much percentage she and my child will get from it. i have a elder sister married and my mother is a house wife.

regards

GANGAM.RAJENDER.   30 October 2013 at 14:00

L widow's imited right over the acestral property

dear experts,
partition suit has been filed and preliminary decree has been passed.my father got property from A.self acquired and B.ancestral.
my father was died in the year 1955 we are joint undivied hindu family (i.e two brothers) the above said property was not partitioned.
the trial court had passed the preliminary decree in the year 1967 and alloted the shares 1/3 to each members of the family,during the pendency of the suit year1969 my mother executed the sale deed in favour of younger brother and registered.AND MOTHER WAS DIED IN THE YEAR 1974 ,FINAL DECREE HAS NOT BEEN PASSED.
Q1.WILL MY MOTHER HAS ANY RIGHT TO SALE THE ABOVE SAID SHEDULE PROPERTY TO ANY ONE.
Q2.WETHER MY MOTHER HAS SAME OWNER SHIP RIGHT OVER THE SHEDULE 'a' and shedule 'b'property.
Q3.WHICH (a or b property) PROPERTY IS LIMITED OWNER SHIP AND absolute property.
Q4.SALE DEED IS VALID ?AND I HAVE ANY RIGHT IN MY MOTHERS PROPERTY.
IF ANY CITATIONS RELATED TO THIS PLS PROVIDE SIR.
THANK YOU SIR

Rupesh   30 October 2013 at 13:52

Non filling of it reurn

dear sir

my client is labour contractor during FY 2008-09 the principal has deducted TDS on total labour contract payment and my client has not filed return of income. Now he has received notice from income tax department asking him to show his return of income, now my client can file his return for fy 2008-09 & onwards what will be the total amount of penalty till date? can he save himself from penalty of rs. 5000/- and how?

2.i want to file his return u/s 44ad presumptive taxation @ 8% on total receipt can i file the same and should he get all the deduction for that year.

3. can he get his tds as refund with interest by filling IT return now???

kindly suggest

Shailesh Phillips   30 October 2013 at 13:16

Service tax for housing society

Dear Sirs,
My query
a) Why has Service tax been made applicable to Housing Societies?
b) It has been made chargeable on the Maintenance amount charged by the Society to its members.
As a general rule the maintenance charge comprises of misc expenditure towards Security /lift maint/ housekeeping/garden maint etc. all the above services are contractual and outsourced to private contractors. these contractors are regd. service providers and hence charge the society 12.36% service tax on the service that they provide. so why does the govt want the Society to pay this Service tax once again. does it not amount to duplication.
Please clarify.
Thanks,
Regards,
Phillips.

nishant pune   30 October 2013 at 13:07

Payment delayed

HI,
If i have taken a deposit from a client for a service to be provided and have failed in doing so and have given him a legal notice of the same with post dated cheque explaining the reason for delay, is this a 420 case?
can the police arrest? if yes, can i apply apprehending anticipatory bail or anticipatory bail to prevent police arrest?
PLS EXPLAIN ASAP

PUTRAswamy   30 October 2013 at 12:59

Distributing property

Respected sir ,please resolve the following questions.
1)my father passed away and we are five brothers and I the last fifth one.now distributing property among us infront of aged person .but they did from elder to younger what to do now,actually should do from younger to elder in choosing property.
2)and also now simply they take loan on immovable property making as hidden amount.and how to stop taking loan in banks by means of law untill i getting proper distribution .
3)my father married my mother first and now came to know to that he married second one they have two childrens,one married women,men.
at the time of fathers death,we have loan 2cr on rice mill at that time they didnt ask property in rice mill, we have given agri field property and signed on white paper but now they alleged petition asking property ,saying they are first wife ,and my mother is second wife .they enjoyed property in their village now asking property in my village after we clearing 2cr loan what to do .shall we win or not in court
waiting reply for these 3 questions .please reply we worried

vijay   30 October 2013 at 12:35

Esi or epf registration

Sir,
We have four employees working with us. We are a service based industry and proprietorship firm and have less than 10 lacs turnvoer. Is it necessary to take EPF or esi registration number.

I have to apply one Govt tender where they have asked about that EPF/ESI registration. Kindly suggest what should we do.

Regards

M Satyanarayana   30 October 2013 at 12:16

Section 307 cr.p.c.

Sir,

There was attempt to murder on me by my sister's son and daughter. I am LW2 and victim in the case. When prosecutor shown the seized clothes with few blood marks with blood but prosecutor did not shown to the court the blood drenched shirt I was wearing on the day of attack. Doctor who examined me gave grievous injury. The only evidence that I can show there was grievous injury through blood drenched shirt which was altered by the prosecution. Under the circumstances can the accused get acquittal merely the victim has rejected his sparingly blood drenched different shirt which was not placed before the judge. Whether I am right in rejecting the shirt which does not belong to me on the day of attack.

Can the accused be punished or get acquittal merely on showing different shirt by the prosecution to the judge.

Please advise kindly.

Thanking you,

MSN

Guri Sidhu   30 October 2013 at 12:10

Claim for damages of breach of contract

In 2005 FCI invited offers from land owners for construction of plinth and other facilities for storage purposes and after construction to lease to FCI on rent for three years. I submitted offer. After negotiation, my offer at negotiated rate was accepted and agreement on 1.6.2006 was entered into giving details of terms on which I agreed to lease out plinths after construction under lease agreementto be executed between the parties in the prescribed performa. Time was essence of the agreement and in case of delay in construction and faulty workmanship, FCI was not bound to take plinths on lease. I borrowed loan from bank and raised construction. FCI took possession on 12.01.2007, but served notice of vacation on 14.09.2008. I filed suit for breach of contract. Main defence of FCI is that in absence of of registered lease deed the parties were not bound by the period of lease as the agreement was unenforceable and in absence of valid agreement. tenancy was month to month and liable to be terminated under section 106 of Transfer of Property Act, and hence I cannot claim damages?????

Selvam chennai   30 October 2013 at 11:47

Neet review petition

The Spreme Cour decided to grant oral hearing to the Centre and other petitioners who had sought a review of its July 18 majority (2-1) verdict that had quashed the notification for National ligibility-cum-Entrance Test (NEET).

A review petition is normally decided in chamber proceedings without giving an opportunity to parties concerned to argue the case.

What is different between hearing in "open court" and Chamber