RASHMI KANTA SATAPATHY
26 August 2014 at 16:38
Dear All,
I have purchased a piece of land from 3rd party with proper road mentioned in the registered sale seed along with sketch map of the road registered. The same sketch map showing the road is also registered by the 1st party owner of the land who sold the big portion of the land to 2nd party. The 1st party also mentioned 15 feet road provided to 2nd party in the south side of the plot in the registered sale deed of A0.200 dec land. Subsequently the 1st party also sold another A0.100 dec of the land to the same 2nd party showing the continuity of the said approach road of 15 feet in the south and also registered the sketch map of the road. All the transactions made by the 1st party to 2nd party was done in 1996 to 1999. Subsequently the 2nd party has sold part of both the plots (A0.200 dec and A0.100 dec) to 3rd party, 4th party and 5th party during 2002 to 2007. The same road is also shown in the sketch map and mentioned in the registered sale deed. I have purchased a piece of land of A.033 dec from out of the first A.200 dec during 2011 and same road is also mentioned in my registered sale deed and sketch map is also registered. The party no. 4 and 5 have constructed house during 2003 and staying there and using the road. My house construction is complete. Now party no 1 has made a gift deed in the name of his son for the remaining part of the land he has along with the road provided earlier to the 2nd party and using the gift deed the son of party no. 1 has made a boundary wall on the approached road and blocked the approached road to our house (party no.4,5, and me.). We are help less. The party no.1 is demanding huge money for the road. Kindly advise us. With great regards,
R K Satapathy
WHATSAPP 91-8075113965
16 July 2014 at 09:32
SIRS,
I need your help sirs,
i am appearing in a 138 case for the accused.
Actually the accused is a Pvt Ltd Company.
so, the complainant has arrayed 4 persons as accused ......A1 is the company itself, in its official capacity....A2 is shown as "Director" of ....company.....A3 and A4 are two induviduals, shown as "cheif operating officer and executive vice president "....
in the complaint, it is avermed that A2 and A4 represented themselves as persons in charge of management of affairs of business and dealings.
No other document produced to prove this.. just a mere averment.
only A4 person signed the cheque.
case is that :
the was an oral business agreement between the accused and the complainant and the accused took 1 lakh as advance amount and subsequently failed to comply with the terms of the agreement. so the complainant
asked for the money he paid . the the accused gave a cheque , which subsequently
bounced. this is the case .
here, whether i can take the plea that cheque was taken as a security and hence 138 NI Act is not applicable, as per Bombay High court Citation ?
whether any witness is required for the payment of money in 138 cases ?
complaint has been filed against 4 accused , but, notice has been issued only against 3 persons .is it will vitiate the trial ?
( actually there are only 2 persons , other two persons are "legal persons"..ie, cheif operating officer" and "vice president. " )
these are the facts of the case ...
trial is fast approaching .....
so, please help me ....
PLEASE TELL ME WHAT ARE THE DEFENCES I CAN TAKE IN THIS CASE...
WHAT ARE THE POINTS I SHOULD HIGHLIGHT IN CROSS EXAMINATION OF THE COMPLAINANT ?
TELL ME APT CITATIONS ( PREFERABLY OF SUPREME COURT OR KERALA HIGH COURT ) SUITABLE FOR 138 CASE , AGAINST PVT LTD COMPANIES AND ITS DIRECTORS .....
THANKING YOU ALL IN ADVANCE , SIR, ....
SALIL KUMAR
ADVOCATE
THALASSERY
9447536929
9061435365
Isha
20 June 2014 at 12:30
In a trust of 168 accounts (say Trust A), we have one account (say account X), in which a QIB has shown interest to invest. However, investment by the QIB in Trust A is not feasible since valuation of the account X as a part of the portfolio value is not feasible. In other words, while the valuation of the account X is possible based on the nature of underlying securities, the valuation of entire trust is not possible at this juncture due to the difficulty in determining the anticipated proceeds from the balance underlying assets, the expenses and the timelines. The transaction will be done in the following steps:
1.Assignment of Asset X from Trust A (managed by ARC) to Trust B (managed by ARC) at the agreed value say “M”.
2.Trust B will simultaneously receive amount M from ARC for payment to Trust A, and issue SRs (of face value of Rs 1000 each) to ARC (trust deed will be executed for the same) for the amount “M”.
3.ARC will transfer 95% SRs to the QIB at par value.
The following points may be clarified:
A.Legal validity of the proposed structure.
B.Compliance of RBI guidelines for the proposed structure.
CA Shraddha Vora
19 June 2014 at 16:03
Query :
The assessee is builder having various project and the following the Guidance note issued by ICAI for revenue Recognition.
However as per the guidance Note Following is the wording _
“ Further to the conditions in paragraph 5.2 there is a rebuttable presumption that the outcome of a real estate project can be estimated reliably and that revenue should be recognised under the percentage completion method only when the events in (a) to (d) below are completed.
(a) …..
(b) …..
(c) …...
(d) Atleast 10 % of the total revenue as per the agreements of sale or any other legally enforceable documents are realised at the reporting date in respect of each of the contracts and it is reasonable to expect that the parties to such contracts will comply with the payment terms as defined in the contracts. To illustrate – If there are 10 Agreements of sale and 10 % of gross amount is realised in case of 8 agreements, revenue can be recognised with respect to these 8 agreements.
From the above wording point (d) says that agreement of sale need to executed or any other legally enforceable document are realized at the reporting date.
1. Can allotment letter issued to the customer can be said legally enforceable document?
2. If above is yes, then we need to recognize the revenue on the advances received (more then 10%) cases of which sale agreement is not executed?
3. What is market trend used by the builder for the aforesaid cases?
Shweta Bagkar
19 June 2014 at 12:14
My friend has cleared aibe exam this year 2014. Can he file vakalatnama or he has to take provisonal sanad till he get COP.?
anuyamahajan
18 June 2014 at 09:58
hello sir/mam,
i have to file a suit regarding recovery of money in Bangalore court so plz any senior who is practicing in that court, reply me the procedure to file a suit in that court... i am currently practicing in pune dist. court.
waiting for reply. Thanku
Member (Account Deleted)
17 June 2014 at 10:57
Whether there is any requirement of deposit of fees for appointment/re-appointment of independent directors?They are recommended by the Bods and not any intending director/member.
shilpa das
09 June 2014 at 15:11
My issue is concerned with the applicability of Property Tax on "temporary structures" to the licensee holding a piece of land for the Land for setting up of temporary casting cum stacking yard to carry out pre-casting and pre-fabrication activities solely for the purpose of a Metro Rail Project.
The GHMC has slapped had issued a Property Tax Special Notice 2nd March 2014 Assessing the temporary structures of casting cum stacking yard for an amount of Rs.13,53,047/-
The concern is that how can we counter that the temporary casting and stacking yard are of temporary nature and can be removed after a specified period which has been given till 2015 and which does not attract property tax. As property tax can only be paid on the temporayy strutures
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Vat applicable on shares & securities transaction (mcdex)
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Share And Securities cover VAT or not?
Friends Pl reply ASAP