sushant Parmar
17 October 2017 at 12:48
Sir on 25 September I meet with Just Dial executive Mr. Tajinder singh to take a Justdial contract. He said that I will get a advertising banner, a certificate from Justdial and a anroid application with my contract. So that i gave him a advance 3 mnths cheque. But next day he call me and said that i only get contact only not the benefits of banners, certificate and anroid application so that i asked him to not to process my application and i stopped my cheque.
But today they deducted ecs of 6000 from my account if i didn't take contact with them please gave me advice what to do now.
yogesh
13 October 2017 at 20:22
In Consumer case, filed before the Distt Forum, against the nationalized bank for not awrding the interests on two Fixed Depoists, ( Principle amount 45,000 & 43,000 respectively) from 2003 to 2011. The Distt Forum, vide its order in July 2016, in its order directed the bank to calculate the saving interest rate, from 2003 to 2011, and issued 2 fresh FDR within one month
The bank did not comply the order, the execution application was filed . The bank did not appear even after receiving the notices . The court, after receiving the application from Decree Holder, issued bailable warrant returnable October 2017. The bank filed an application, without evens erving the copy to the Complainant, recalled the order of bailable warrant. The court also disposed the application in Septmeber 2017( though communicated for October 2017), by accepting the demand draft of 15000/- from the bank, in the absence of the complainant
My query is
1 Though the Ld Distt forum, has directed the bank to calcaulte the saving interest rate and issue fresh FDR, which normally comes to be 23,000/- and 21,000/- respectively and after interest of 5 years it may goes to 40,000 each respectively( Total 80,000/-), yet the Ld Distt Forum has accepted the meager amount of DD, without even going through its own order?
2 The Bnak has not complied the order of the Ld Distt Forum, but the Distt forum has closed the case, by accepting the DD of Rs 15,000 FROM THE BANK( We have not accepted the DD from the Court),.In such case whether fresh Execution application can be filed, complelling the bank to comply the order? If yes, under which section for filing second execution application/opening of case? Or we should have to file the Revision Petition before the state Commission? Please elaborate on this.?
Kalyan Ghosh
13 October 2017 at 15:59
Sir
Whether Short Term Capital Gain on Mutual Fund will be proportionate of the total gain for computation of income tax.More precisely I am placing my case as follows.An amount of Rs Ten Lakhs ie 1000000 was invested in a Non Equity Mutual Fund.A year later the value of the investment increased to 10.8 Lakhs ie Rs 1080000..Now due to some exigency we want to withdraw this amount.Actually total capital gain in this case is Rs 80000 which is in fact 7.4% of the total value of Rs 1080000.Now for computation of income tax whether total value of Rs 80000 will be considered which will mean IT HAS NO DIFFERENCE WITH BANK FD DEPOSITS.But if only 7.4% of Rs 80000 is considered the value of capital gain will come out to be Rs 5926 which will levy an income tax of Rs 1831 considering highest tax bracket of 30%.But if total value of Rs 80000 is considered it will lead to an income tax figure of Rs 24720.
Please therefore opine what will be the capital gain Rs 5926 or 80000
Raj
08 October 2017 at 22:36
I have filed the transfer of criminal case arising from an acquittal, from one session division to another session division before the High court u/s 407 crpc, as Judge made certain remarks against which gives me apprehension that he will be going to convict by overturning the order of the lower court. The High court has dismissed the Petition
We have still the apprehension, as certain new developments taken place, that session judge will overturn the order,
can we subsequently file the transfer petition under section 408 crpc, from transferring the case from his court to another court within same session division?
Whether dismissing of a petition under 407 crpc is a bar of filing the fresh petition under section 408 crpc?
dj4853913@gmail.com
03 October 2017 at 20:51
dear sir
I am from Nashik.
I am running business in name of Dinesh agencies. I came in to agreements with a company for selgling there led bulbs.
blank cheques given them on agreement.
I had also given them bank guarantee of rs. 3 lakhs to them..
some times later dispute started with company.
when I stopped business total outstanding due with company was almost 14 lakhs on 15.8.2017
..on 1.9 .2017they used my blank cheque and put amount of rs. 8 Lak and bounced which was stopped Payment done by me and informed them by legal notice on 22.8 17
..on 22.8.17 I had send them stock return of rs.4 lakhs
and on 26.8 they encashed my bank guarantee rs.3 lakhs
now seen is that I received a legall notice that .. after so call reminders I had issued that cheque .. which was already blank signed when given..
2. actual due was14 Lakh but company send me notice of 8 lakhs..they used words in notice that .... total outstanding due towards company was 8 laks and after so called reminders I had issued them cheque towards legal debts cheque dates 21.8.2017 ...
and after 21.8 2017 they received my bank guarantee and stock also ... that is.. total 7 Lakhs...
now please guide me .. whether they can use future transaction in advance .and use blank cheque ..
Anonymous
03 October 2017 at 20:39
My society FSI rights for a property where a building was constructed and society registered. After 2 years of registration she took approval of Municial Corporation and approval from society in General body and constructed a flat. The society is not issuing share certificate stating that we are not aware of the approval given in earlier AGM. Municipal corporation has issued Building completion certificate (BC/OC). Please advise how to deal with it
Further share certficate for a shop was submitted to soceity for transfer based on gift deed registered from fathers sister to my father. The society did not transfer and my father got order for transfer from registrar. The society passed resolution to return the share certificate without noting the transfer. Long time has passed and they are not even returning the share certificate. please advise
My father had a closed Garage used for commercial purpose in tenanted building. The was converted by landlord into CHS but garage members were not taken as member not issued share certificate but have noted ownership in my fathers name. Please advise if society is correct. There was a highcourt judgement that closed garage requires consumption of FSI and thus owner can be independent member.
Amisha
03 October 2017 at 18:42
In a builder floor apartment consisting of G+3. We own ground and first, can we only sell these two portions we own.. The 2nd and 3rd floor have other owners in fact my siblings, can the other 2 top floors put a case against me selling my 2 portions ... Or the building has to be sold as a whole and the land value divided amongst the owners..
pushpakrishna
03 October 2017 at 12:53
Dear experts
In a case u/s 138 of NI act.
The magistrate fined rs.20000 and 6 months imprisionment failing which the accused not paid the fine amount he has to under go another six months.
The subject matter is rs.ten lakhs
If the accused paid an amount of rs.20000 and ready to go imprisionment for six months can we assume that the accused need not pay the amount of rs.Ten lakhs.
I am for the complainant only way is to prefer a cri.Appeal or any other way to recover the amount. There is no chance to file a suit for recovery of the amount as the same is time barred for.
Kindly give me a suitable advice on this.
Thanq experts in advance..
AKULA RAJASEKHAR
03 October 2017 at 10:59
Dear Experts,
My wife filed MC against me in Local Court.,concern court given judgement as i have pay @5000 PM.,
I would like to go to appeal this judgement in Higher Court.,where shall i go.,whether it is District Court or High Court of Andra Pradesh.,
Judgement Copy As follows:
In the result, this petition is partly allowed directing the Respondent to pay
a sum of Rs.3,000/per
month to the 1st petitioner and Rs.2,000/per
month to
the 2nd petitioner towards their monthly maintenance. The Respondent is further
directed to pay the said maintenance amount to the petitioners on or before 5th
day of every succeeding month. No costs. This order shall come into effect from
the date of filing of the petition.
Plz suggest me this case.,
Regards,
Rajasekhar
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Licensee claiming of family settlement
3 brothers A, B, C & 2 sisters D & E, migrated from Pak & settled at Rudrapur, UP in 1954-55.
During 1955-57, they purchased a lot of plots in an open auction on a lease of 99 (33x3) years.
In 1956 B purchased a plot in his name & started building his residence cum shop in that. C also purchased the same size plot nearby & sold it. In 1960, C urged for shelter from B which he accepted & C started living with his family (verbal licence) and committed that whenever B or his family needs that portion C will vacate it.
In 1973 C passed away at an early age of 38 yrs. After which licence was given to his wife CW. In 1979, the municipal authority mistakenly put the house tax of half of the portion in the name of CW. This was corrected in 1989 after written objection by B. In 1989 the house tax of the entire property was restored in B’s name & was in his name till he died in 2010. In 1993 CW passed away, after which C’s son CS enjoyed the licence. The first 33 years of the lease ended in 1989, the lease was neither further extended by the govt. nor did B asked for the same. In the early 1990s, govt came up with the freehold policy for leaseholders & unauthorized occupants, but none applied.
B passed away in March 2010 & House tax got transferred to B’s wife BW. BW too continued the licence to CS. After a long illness, CS passed away in Aug 2010. After this, BW gave the verbal licence to CS’s wife CSW. Same year 'A' elder brother of both B & C passed away.
In 2011-12 govt of Uttarakhand, introduced a fresh free-hold policy. BW applied for the same, which was objected by the grandson of C, i.e. CGS. In 2014, C’s daughter-in-law CSW also applied for the freehold of the portion they were staying in. They made the basis of their claim to a paper with heading “Zubani Khandani Batware ka Yaddasht-nama”.
This doc dated 03/11/1977 & says that B & C came into a verbal settlement in 1964 that the portion of the house each one is residing in belongs to them & the doc is needed now because CW is facing problems in modification & planning of the said portion & also in getting a bank loan. Due to which the conflicts started increasing between the two families. Because of this A & other relatives are have forced both B & CW to make this document, which may come to help when needed. This doc is witnessed by A (dead) & CW’s brother (alive).
On knowing this BW cancelled the licence verbally & then via a legal notice thru her lawyer & initiated an injunction & recovery suit.
Now, BW claims of a verbal licence while CSW claims for family settlement.
B&C held a plot jointly which they sold out. They also held a plot with their brother-in-law DH, i.e. D’s husband. This was divided 25% each between B & C, & 50% to DH in 1973. CS also forged an agreement deed in his favour by B relinquishing his share in the name of CS, dated 1998. This helped him to get freehold of the 50% plot in his name.
BW is my maternal grandmother & 85+ years. Now she is living in Alwar(Rajasthan) with one of my aunties. My father is her registered Power of Attorney & also co-plaintiff in the above suit. My mother & her other sisters & her brother (mentally weak) are formal respondents.
How should we proceed for the decree of our suit? What are the relevant laws & references?