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Anonymous   23 May 2022 at 20:55

Sale of pagdi shop

Hi,
We want to sale shop which is in pagdi system (45 years old). I want to ask the applicable Taxes/ GST/Surcharges etc. which will be applicable. Are all of the above taxes applicable on seller? Thankful if you can explain by example.

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Anonymous   23 May 2022 at 18:46

Maintenance

Hello sirs,

After a desertion of a year my wife has filed a petition for RCR wherein she has filed an application for claiming maintenance u/s. 24 and 25 of HMA and U/s. 125 of CrPC. Can she file both application simultaneously? can both applications filed by her for claiming maintenance are maintainable?

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Anonymous   21 May 2022 at 20:02

Rejection of maintenance

My wife leaving me file maintenance case (125) for her & my son. After filing said case she remarried (legally) again & kept my son to unknown place. Will maintanance application rejected ?



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Anonymous   21 May 2022 at 19:55

125 maintenance case

Sir,
1. My wife filed 125 CRPC against me & the case was dismissed for default.

2. She again file restoration petition to restore dismissed 125 CRPC.

3. Restoration petition was dismissed for violation of court's order.


Can it be concluded that 125 CRPC was dismissed on merit ?

4. She again file 125 CRPC on same ground and interim maintenance is allowed.

Can I appeal before High Court to dismiss 125 CRPC since lower court cannot review its own order ?

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Anonymous   21 May 2022 at 04:20

Common passage

This is the situation which Plot A which is situated as the out house and Plot B facing towards the road
If I have to reach Plot A I have to cross by the Plot B to reach A , and also the Staircase.
Documents on Plot A mentioned as ''This common passage and staircase belongs to someone else" (NO Name mentioned)
Not sure what is mentioned on the Plot B documents
Both the Plot owners are not brother or known person
Need to sell the Plot A how can i sell
what's the best way possible

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khurana   20 May 2022 at 19:41

Fir registration under up ganster act 1986

I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents or any Case Laws of Filing a FIR under s 154(1) under U.P. Gangster Act 1986
Is the procedure different for a SHO of a Police Station

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Sagar Kotak   20 May 2022 at 12:17

Legal query - sec. 148 (3) of negotiable instruments act

Brief Facts of the Case:

We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.

The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-

"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"

My Query is as follows:

Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-

"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."

I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.

In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?

Thanking You In Advance.

Regards.

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Anonymous   18 May 2022 at 06:57

Job cheating

Dear sir, 1. After FIR filled in police station of A1,A2,A3 then within how much time does the civil suit we can file against accused? Because first time money given to accused 25/7/2019 and upto November we have given and upto 27/2/2021 transactions have made between us and bindover have written at lawyer on march till April 30th 2021 later there is no communication with accused. 2. What will be court and advocate charges for civil case to recover money worth 7.5 lakh from accused if we have cheques and promisory notes which was given by accused? 3. cheques were bounced in the year 19/5/2021 but cheque bounce case have not been registered due to covid so does these cheques valid or not as of now? 4.how many years it will take to recover money through court after filling civil case towards accused?

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Anonymous   17 May 2022 at 12:07

Regarding housing plot

Respected Sir,
We had bought DTCP (Director of Town and Country Planning) approved plots in proximity to Shamsabad Airport, outskirts of Hyderabad in 2005 and secured our plots with fencing.
Now after a long gap of 15 years, one person filed civil suit against all plot holders that the entire land in which plotting was done was bought by him via SALE DEED even before the plots were sold to the plot holders and that the entire land belongs to him. We had bought plots only after checking the ENCUMBRANCE CERTIFICATE, i.e. if those plots which we were to buy were free from all ENCUBRANCES. The ENCUMBRANCE CERTIFICATES SHOWED that Plots were free from all ENCUMBRANCES. Where do we (PLOT HOLDERS) stand legally.
Second point is, Notices regarding Civil Suit (filed by person claiming entire land) received by only few of the plot holders and they are preparing for a reply. Now if the remaining plotholders (who have not received notices) do not join in the Reply to the Civil Suit, would their plots be EXPARTEED in favour of the Petitioner. Kindly reply Sir. Thanks in Advance.

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Narayanan kv   14 May 2022 at 19:51

Issue with my ex-employer

Sir/Madam

Myself Narayanan , At present am an farmer .Earlier I was working with a partnership firm from 2009-2021
( Job confirmed on 2011) . They are doing multiple business like mining - retail (Petroleum-product) and etc..No appointment letter was issued. They started to pay pf after 2011-jun. first three years i was worked in site ( contract work done by company) duty assigned by my supervisor. After that I was transferred to Head office in 2012 No transfer letter everything is in oral. From 2013 I was working in head office as an assistant
( designation mentioned in pf slip & salary certificate) . company has two petrol pump and doing retail business . Each outlet has manger and cashiers and they were doing purchase , sales remit cash in bank and they will submit report to head office . My work starts here , receive the data's ( reports from branch-outlet) and summarize and forward to my seniors. I was doing the work as directed by chief accountant and gm. it was going on. meanwhile in branches they started to give credit to customers. At on stage it was in crore . I was informing everything to chief accountant/ gm in written and oral on daily basis. I was entering data's in computer received from branches/outlet and generating reports . That can be viewed by every one of my superiors . Also I was making cheque payment to buyers - all are accounted as directed by accountant and gm. no cash transactions involved with me as the sales is done by branches. i do make bills payment and entering data's and filing Gst returns and submitting reports. at one stage company couldn't meet daily payment because of increase in credit sales and matter has taken to managing director, branch managers was called to head office and conduct a meeting and both branch managers assured and assigned to collect the entire outstanding and gave a written statement that they are responsible for outstanding and cash suspense. It was happen in Nov 2020. salary has stopped to branch managers from Nov 2020. It is surprised no salary for me also for dec 2020. Both branch managers was not come to office form Jan 2021. but I was going and advised by gm/chief account to go for collection / and pick cash from branch and deposit in bank/ various duty. till mar 2021 I didn't get my salary in Apr i got my dec salary then In May I got my Jan salary & in Jun I got my Feb salary. I was asked to stop all head office duty from Jan 2021 and sent to collection and cash pick up duty. in Jun 2021 new person was appointed for my seat in heat office. In 25'th Jun 2021 I went to head office I was no seat to sit and no work was assigned to me and got no proper reply. Next day onward I stop to going office and sent resignation to head office by mail in 1st Jul 2021. I got reply that it was kept pending due to not hand over the sales /purchase details and accounting related statement. But IT- incometax return has been filled for the entire period.

my resignation letter I-7-2021

Sir,
Due to tight corner, I am unable to continue my service; hence I may be relieved
from service with immediate effect. My settlement may be settled at the earliest
please.
Thank you for opportunities you have provided me over the past ten years.
Thanking you

Reply from Head Office 3-7-2021

Dear Mr.Narayanan,
Please note that you have not properly handed over the documents handled by you and also the
pending collections of both the outlets for which you are accountable. You have not attended office
after the lock down has been lifted by the State Government. In view of this, we are unable to accept
your resignation and your relieving has been put on hold.
You are hereby instructed to properly hand over the documents and collect the pending payments
failing which, we may be forced to take appropriate action.

My reply 5-7-2021

I was appointed as Asst., merely doing the work of book keeper with the proper supervision of Chief Acct. & GM. I am not holding any Official documents, I immediately submitted everything after the task was completed by me, to the Chief Accountant/ higher Official to finalize, audit/inspection and for further action.
All the credit sales are provided by the Branch Managers at their own discretion (in this connection the branchmangers already submitted written assurance/Undertaking for outstanding).While the Branch Managers are goingfor collection, myself accompanied only (with Office Interest, in my own vehicle without getting any allowances for my accompany), that too, as asked by the GM & Chief Accountant. Immediately after accompany, I have reportedeverything to the GM and Chief Acct.

In this situation, I wish to recollect one incident, during accompany with the Manager, one party used
vulgar/unparlimetray words against me (threatened me that, he will murdered me) and attacked me with Chair. I immediately reported this to GM & Chief Acct., but till date, no response/action from the Office to protect me. For the past 2-3 Months, I am not receiving any salary from the Office. Moreover, in the present situation ( Covid 19), it is not advisable to travel in the crowded Buses. And also the Petrol rates are high, I am unable to spend any penny from my pocket, without getting salary or any transport expenses.
In the meantime, you have appointed new one in my post and no seat available for me to sit and also you have already taken back all the documents and left me alone without assigning any work.

You are all aware of that, I have worked sincerely without any office of profit except my salary, in good faith and without any negligence that too, under the supervision of GM / Chief Acct,. If any action for good faith, then I will prove my side. No one left the job in the present situation, that too with good salary. I am leaving the job for survival (to safeguard me from Corona virus -as no one is left , except me to take care of my aged mother).That is the only reason for quitting job. Hence, I request you to accept my resignation, relive me and process my settlements at the earliest please.



Recently in Apr 2022- I got same in register post and replied the same to head office by registered post.

Today morning (13-5-2022) I got phone call from commissioner office and asked me to come for an enquiry against the complaint on me from my ex employer.

Please advice me am sleepless for last four years ..... time is very short am feared..... what is my mistake here
how to handle this situation. is it civil or criminal? how to handle this situation tomorrow morning i have to go commissioner office please advice me ..... am sleepless and couldn't concentrate with my personal work
. i never enjoyed a penny of money from office except my salary. am sure about that.



Thanking you

Narayanan K.V.

Recent update misappropriated complaint given on me for Rs.3500000/-

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