Anonymous
18 August 2017 at 14:16
I have received notice on Thursday 17 Aug 2017 and was asked to present to AO on Monday 21 Aug 2017 and asked documents for assessment year 2010-11.
Actually I am unable to present on this date.
Hence please advise me on how can I extend the date of presenting documents?
Naveen Kanth Dasari
17 August 2017 at 12:42
Hello Experts,
Hello Experts,
I have a query regarding an Immovable Property.
For instance lets assume as such A,B,C,D,E. A(actual owner), B(my client), C(GPA), D(Proclaimed Owner), E(Joint Owners).
The Facts are as under:
My client purchased a plot in 2015 from A (actual owner) of the plot and in 2016 B (My Client) constructed a small room in the plot, but to his astonishment E(Joint Owners) came and objected and installed electric meter allotted to them & claiming that the plot belongs to them and he & his wife are the joint owners of the property as they have purchased it from D(Proclaimed Owner) in 2003. When my client inquired further he came to know that C(GPA) without the consent of the A, sold the plot to D in 1998 representing C himself as the GPA and further D sold the land to E. Now the problem is A lives in USA and is not in contact with B, and E(Joint Owners) also lives in USA but they r not related to A in any matter. Now how can i defend my case.
Should i file a Suit for Declaration of Title and Possession or Suit for Perpetual Injunction or should i include both the prayers in one suit and can i ask my client to file a Criminal Complaint also.
Plz suggest.
Thank You.
Azhagananth
17 August 2017 at 09:54
Dear Members,
i filed vakalath for the defendants in two cases [Money suit] arising out of promissory note, executed by the deceased. The suit was filed against the Legal Heirs of the Deceased stating that, they hold the estate of the Deceased and they are liable to pay to debt on the estate which they acquire.
whereas - Section 6(4) in The Hindu Succession Act, 1956
After the commencement of the Hindu Succession (Amendment) Act, 2005*, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005*, nothing contained in this sub-section shall affect—
(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.
Explanation. —For the purposes of clause (a), the expression “son”, “grandson” or “great-grandson” shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005*.
According to me, the suit has to rejected under Order 7 Rule 11(d) of C.P.C. But various advocates disagree with the above section and they still state that, they are liable to the extreme of the Estate they acquire of the deceased.
I am going through Apex court orders, but still now am able to find out the "any case filed after the date of amendment of the section 6(4)".
Shall we do a search guys... it will not help only me but also ...
Manish
16 August 2017 at 20:50
Sir My bank closed and released me no dues certificate on 25th july 2017 And On 14th aug 2017 has marked lein on some amount from my account as closure charges for that limit Is it legal in banking ?
Anonymous
16 August 2017 at 00:37
Respected expert Sir's
Recently I am facing a trial in a case under 354 ipc.The allegation is that the subordinate Clerk had some grievance from me regarding official action in her favour which I had not complied ,so she alleged that I had touched her body in February 2010 and caught her hand.She made complaint before police & the Department and nothing was found ,closure reports were submitted by three police stations .Then she filed Writ petitions and writ appeals in high court and the High Court dismissed those petition/appeal, but in one of writ appeal Hon'ble High Court made a observation that if appellant wants then she can pursue a complaint case .So she filed the complaint case before JFMC and arranged two witnesses namely one is her made servant and other is her neighbour .That the above two witnesses made statement before JFMC that accused came to complainant house and while talking with complaint her "caught the hand of complainant ". and nothing .One of these witness say the time of so-called incident is in one morning in the month of Oct.-Nov.2010. where as other said separately on one day in evening at 8pm in Dec.2010.In this way they did not mentioned the exact date of so called cooked incident.How ever the JFMC took the cognizance under sec 354 and issued bailable warrant which was till date not delivered to accused/me , I just attended the JFMC due to news published in news paper ..I filed a application for recall of JFMC order but as there is no provision in Cr.P.C.for recall so JFMC has kept the application in abeyance ..I filed the MCRC petition in High Court against the order of cognizance but it was dismissed then I filed SLP in the Apex Court and that was also dismissed .Now trial is going to began shortly. I just want to know what action should I take further ,When I can get right to be heard by JFMC.He has fixed the date for statement of Chief -in-Examination i.e.complainant..Whether so called allegation of simply " caught the hand of complainant" comes under unamended section .354 to outrages the modesty of a 52 year aged woman by 64 year aged man .
Under section 313 crpc can I submit a written reply of private complaint petition with a chronology and list of of documents to be taken on record during my statements before JFMC for proper adjudication of the complaint .Further to inform you that this is a private complaint case and not based on the police reports.
.Please reply as early as possible.
Regards,
M.K.Mishra
Rohan
15 August 2017 at 13:12
No. 36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel. Public Grievances and pension
Department of Personnel and Training
North Block. New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No. 30621/2011
2. SLP(C) NO. 31735/2011
3. SLP(C) NO, 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) NO.483112012
6. SLP (C) NO.5859/2012
7, SLP(C) No. 5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N06915/2014
10. SLP(C) No. 8327/2014
11. SLP(C) No 16710-16711/2014
12. SLP (C) NO 23344/2014
13. SLP(C) No-23339-23340/2014
14. SLP(C) No. 21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments 0M. No. 36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit
2. The OM No 36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No, 13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010,
3. Against the Order Of the Hon’ble Punjab and Haryana High Court dated 15.7.2011. an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.
4. The Hon’ble Supreme Court vide order dated -03.02.2015 passed the following interim order In SLP No.30621/011 Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.
3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29-9-2016 before the Apex Court.
4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010,
5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.
6. These instructions may be brought to the notice of all concerned for information and necessary action.
In this Connection i would like to ask you that My Organisation has filled up 25 vacancies in unreserved seats on own merit by selecting reserved category candidate. So here, institute by filling seats on such a way during the case period and or after aforementioned judgement date is violating/overruled the Judgement of Hon'ble Supreme Court or not? We are working on post of Clerk and hence belong to Group C equivalent to Central Govt. Services. And also want to know about the legal course of action ahead..?
ChandanLawyersclub
15 August 2017 at 12:46
Dear Experts,
Many people have invested in Jaypee Infratech(Noida) , which is under Insolvency Resolution Process. Many people has paid 50%+ of Principle amount and incurred interest of capital
We need to claim in form B given below.
1. Should we add interest incurred in Principal amount e.g. ( 53 Lakhs + Intrest of capital)...
2. Should the claim to be certified by notary
3. Should it can be send without Notary/ Oath Commissioner signatures..
Thanks in advance...
SCHEDULE
FORM B
PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
[Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process
for Corporate Persons) Regulations, 2016]
[Date]
To
The Interim Resolution Professional/ Resolution Professional
[Name of the Insolvency Resolution Professional/ Resolution Professional]
[Address as set out in public announcement]
From
[Name and address of the operational creditor]
Subject: Submission of proof of claim.
Madam/Sir,
[Name of the operational creditor], hereby submits this proof of claims in respect of the corporate
insolvency resolution process in the case of [name of corporate debtor]. The details for the same are
set out below:
PARTICULARS
1. NAME OF OPERATIONAL CREDITOR
2. IDENTIFICATION NUMBER OF OPERATIONAL
CREDITOR
(IF AN INCORPORATED BODY PROVIDE
IDENTIFICATION NUMBER AND PROOF OF
INCORPORATION. IF A PARTNERSHIP OR
INDIVIDUAL PROVIDE IDENTIFICATION
RECORDS* OF ALL THE PARTNERS OR THE
INDIVIDUAL)
3. ADDRESS AND EMAIL ADDRESS OF
OPERATIONAL CREDITOR FOR
CORRESPONDENCE
4. TOTAL AMOUNT OF CLAIM
(INCLUDING ANY INTEREST AS AT THE
INSOLVENCY COMMENCEMENT DATE)
5. DETAILS OF DOCUMENTS BY REFERENCE TO
WHICH THE DEBIT CAN BE SUBSTANTIATED.
6. DETAILS OF ANY DISPUTE AS WELL AS THE
RECORD OF PENDENCY OR ORDER OF SUIT
OR ARBITRATION PROCEEDINGS
7. DETAILS OF HOW AND WHEN DEBIT
INCURRED
8. DETAILS OF ANY MUTUAL CREDIT, MUTUAL
DEBIT OR OTHER MUTUAL DEALINGS
BETWEEN THE CORPPORATE DEBIT AND THE
CREDITOR WHICH MAY BE SET OFF AGAINST
THE CLAIM
9. DETAILS OF ANY RETENTION OF TITLE
ARRANGEMENTS IN RESPECT OF GOODS OR
PROPERTIES TO WHICH THE CLAIM REFERS
10. DETAILS OF THE BANK ACCOUNT TO WHICH
THE AMOUNT OF THE CLAIM OR ANY PART
THEREOF CAN BE TRANSFERED PURSUANT
TO A RESOLUTION PLAN
11. LIST OF DOCUMENTS ATTACHED TO THIS
PROOF OF CLAIM IN ORDER TO PROVE THE
EXISTENCE AND NON PAYMENT OF CLAIM
DUE TO THE OPERATIONAL CREDITOR
Signature of operational creditor or person authorised to act on his behalf
[Please enclose the authority if this is being submitted on behalf of an operational creditor]
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
*PAN number, passport, AADHAR Card or identity card issued by the Election Commission of India
AFFIDAVIT
I, [name of deponent], currently residing at [insert address], do solemnly affirm and state as
follows:
1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date,
being the _____day of ______20__, justly and truly indebted to me in the sum of Rs.[insert
amount of claim].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents
specified below:
[Please list the documents related on as evidence of claim]
3. The said documents are true, valid and genuine to the best of my knowledge, information and
belief.
4. In respect of the said sum or any part thereof, I have not nor has any person, by my order, to
my knowledge or belief, for my use, had or received any manner of satisfaction or security
whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the
corporate debtor and the creditor which may be set-off against the claim.]
Solemnly, affirmed at [insert place] on ___________ day, the ________ day of _______ 20 _____
Before me,
Notary/ Oath Commissioner
Deponent’s signature
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of paragraph ___ to ___ of
this affidavit are true and correct to my knowledge and belief and no material facts have been
concealed therefrom.
Verified at ______ on this ____ day of _____ 201_
Deponent’s signature
mahmood mithani
15 August 2017 at 12:21
Ours is a registered co op housing society based in mumbai - having 73 members, the previous committee members hav misappropriated the society funds to the tune of Rs.8 lacs, the matter is pending with sub registrar & police complaint is also filed. My question is can the new committee member pass a resolution that NOC is not to be given to ex committee members till the amount is not recovered or matter is resolved by the sub registrar.The ex secretary of the last committee is absconding since last 4 years though his family is staying in our society, his family too ready to co operate with us.I ll be obliged for the advice on this issue
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Capital gain tax
Few years back, i sold a land and bought an apartment using the capital gain amount to save tax under sec 54F. Now, after 3 years, i want to sell the apartment. For capital gain calculation, what is the base amount considered ?
land was bought for Rs 78000/- in 2003
land sold for 25 lakhs in 2012
Apartment bought for 25 lakhs in 2013
Apartment being sold for 32 lakhs now
Is the capital gain calculated as 7 lakhs (32 - 25) ? or
is it ~31 lakhs (32 lakhs - 78000) ?