Kumar Krishan Agarwal Advocate
29 April 2011 at 02:15
Dear Ld Friends,
1. I have a personal case of my mother. THat There is a Ancestral Property(abbreviated further as 'AP') who has 7 Co-sharers in the aforesaid AP. Suppose A to G are the seven share-holders/co-shares in the AP. The AP is a 'very small commercial shop' which cannot be divisible into everyone Co-shares A to G peacefully and get it individual premises for everyone co-shares?
The person 'A' purchased/bought on registered Deed a share of 'B' and now the co-owner of two shares in the AP.
The person 'G' was missing since birth/early childhood and have lost permanently from last 25 Years and neither we heard about it.
2. NOw I filled a partition Suit with seperate Possession before Civil Judge taking 'A'(two shares) Against/versus 'C', 'D', 'E' , 'F' and leave out G to make party in suit.
3. The person 'C' and 'D' are refusing to [ sell or dispose of or make a partition of the AP ] and creating obstacle in the suit to get the AP partitioned or may dispose of the value of the property in five co-shares according to para 2.
Now My queries Are:-
1. That How the court may partition or may dispose of the value of the property although 'C' and 'D' are not ready to sell or dispose of the partition neither nor they want to purchase the two share of 'A' neither Nor 'A' want to purchase the seperate share of 'C', 'D' and 'E'.?
2. That 'C' and 'D' are taking undue advantage of the commercial shop (AP) and are not sharing any mesne profits to 'A' and 'E' thru daily earnings from commercial shop.
So for stopping further misuse of earnings thru AP, I filed an injunction application under Order 39 Read Sec 151 CPC for the closing of the shop & stopping its daily business transaction permanently and may fix an official seal at the property until the subject matter will adjudicate before Civil Judge.
++ It is right to file such application under Order 39 to close the shop permanently till resolve of the partition suit?
3. It is any other method or mode or way to get out such partition suit in easy way or any section of law may help in this particular perplexed situation?
4. What other type of interlocutory applications may help so that the commercial property(AP) may closed permanently till the matter not get resolved fully before court?
Anonymous
28 April 2011 at 21:50
Sir,
Would you like to tell me the rule about Govt land allotment to CRPF serving personnel in Bihar which is is all over India.
What is the process of it.
How much land could i get.
What is Rule no.of Govt.of india
Anonymous
28 April 2011 at 17:41
Dear Sir
Recently, Adhara High court has given a judgement under The Building and Other Construction Workers Cess Act, 1996 and Rules, 1998.
If you have the copy of the same. Please send it to my mail id pramachandranster@gmail.com
Regards
Ramriven
ritesh
28 April 2011 at 12:38
Dear All,
Can you pl tell me as to what declaration are required to be displayed on the tags for jewellery.
JAIME
28 April 2011 at 00:51
SIR,
IN ORDER TO OBTAIN CONSTRUCTION SANAD FOR AN AREA OF 425 SQUARE METERS A PERSON WENT TO THE EXTENT OF IMPERSONATING THE PERSON WHOSE NAME APPEARED IN FORM I&XIV OF THE PROPERTY. IT WAS REPORTED TO THE DY COLLECTOR AND THE POLICE STATION OF THE OFFENCE AND A COMPLAINT WAS FILED BY DEPUTY COLLECTOR BEFORE THE JMFC. AFTER GATHERING THE EVIDENCE OF HANDWRITING ANALYSIS CHARGE SHEET IS FILED BEFORE THE JMFC. LATELY DURING INQUIRY IT WAS INFORMED THAT THIS CASE WAS FOR ARGUMENT BEFORE TRIAL. THE IMPERSONATER CLAIMES THAT HE WAS FALSLEY ACCUSED BY THE COMPLAINANTS. THE IMPERSONATER CLAIMS HE HAS BY MISTAKE AND WITHOUT KNOWING SIGNED THE NAME OF THE PERSON APPEARING IN FORM I&XIV AS IT IS AN ALIAS NAME OF HIS LATE FATHER. THE FATHER'S NAME IN BIRTH CERTIFICATE OF THE IMPERSONATOR DIFFERS FORM THE NAME APPEARING IN THE SAID FORM. MOREOVER THE ASSISTANT PUBLIC PROCEQUTOR IS THE WIFE OF THE LAWYER REPRESENTING THE IMPERSONATOR IN A CIVIL CASE IN CONNECTION WITH THE SAME PROPERTY THAT WAS LATLY ENCROACHED AND FRAUDULENTLY PARTITIONED PREVIOUSLY. THOUGH THE IMPERSONATOR HAS ANOTHER LAWYER REPRESENTING THE CRIMINAL CASE, THERE IS EVERY LIKELYHOOD OF A COMPROMISE AND FAILURE ON PART OF THE APP TO PENALISE THIS CULPRIT. I AM THE COMPLAINANT IS THERE ANY THING I CAN DO TO PREVENT THE MISCARRIAGE OF JUSTICE.
Anonymous
27 April 2011 at 22:50
Dear Sir/Madam,
The supreme court has ruled in September 2010 ""The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right remains with the promoter is to sell unsold flats.
"It is, thus, clear that the promoter has no right to sell stilt parking spaces as these are neither flat nor appurtenant or attachment to a flat, Justice Lodha writing the judgement said. The apex court passed the judgement while dismissing the appeal of the promoter Nahalchand Laloochand Pvt Ltd challenging the Bombay High Court''s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage."
I have bought an under-construction flat from a developer/builder in Faridabad, Haryana. The builder has charged me extra for EDC, Preffered Location Charge, Club Membership Charge, Fire Fighting Charge, Electrical Charges, Power Backup Charge, Covered Car Parking. ALL THE ABOVE ARE COMMON AMENITIES/SERVICES OR AREAS. PLEASE ADVICE IF LEGALLY A BUILDER CAN CHARGE ALL THE ABOVE CHARGES? PLEASE ALSO PROVIDE ANY REFERENCE CASE IF ANY.
arjun prajapati
27 April 2011 at 15:19
In Punjab there is Surcharge of 10% on vat ie. if our rate is 5% then after including surcharge vat =5.5%. Now my Query is given below
Sales value of goods=1,00,000/-
Output vat @5% =5,000/-
Surcharge on above =500/-
Party A/c is debited 1,05,500/-
Now in Punjab there is 2 parts of total tax payble is 90% & 10%.
If we take total tax as 5,500/-
90% = 4950/-
10%= 550/-
or
90% =5000(ie flat 5%)
10% =500 (ie 10% of 5000)
which one is correct.
JAIME
27 April 2011 at 14:55
SIR,
IN ORDER TO OBTAIN CONSTRUCTION SANAD FOR AN AREA OF 425 SQUARE METERS A PERSON WENT TO THE EXTENT OF IMPERSONATING THE PERSON WHOSE NAME APPEARED IN FORM I&XIV OF THE PROPERTY. IT WAS REPORTED TO THE DY COLLECTOR AND THE POLICE STATION OF THE OFFENCE AND A COMPLAINT WAS FILED BY DEPUTY COLLECTOR BEFORE THE JMFC. AFTER GATHERING THE EVIDENCE OF HANDWRITING ANALYSIS CHARGE SHEET IS FILED BEFORE THE JMFC. LATELY DURING INQUIRY IT WAS INFORMED THAT THIS CASE WAS FOR ARGUMENT BEFORE TRIAL. THE IMPERSONATER CLAIMES THAT HE WAS FALSLEY ACCUSED BY THE COMPLAINANTS. THE IMPERSONATER CLAIMS HE HAS BY MISTAKE AND WITHOUT KNOWING SIGNED THE NAME OF THE PERSON APPEARING IN FORM I&XIV AS IT IS AN ALIAS NAME OF HIS LATE FATHER. THE FATHER'S NAME IN BIRTH CERTIFICATE OF THE IMPERSONATOR DIFFERS FORM THE NAME APPEARING IN THE SAID FORM. MOREOVER THE ASSISTANT PUBLIC PROCEQUTOR IS THE WIFE OF THE LAWYER REPRESENTING THE IMPERSONATOR IN A CIVIL CASE IN CONNECTION WITH THE SAME PROPERTY THAT WAS LATLY ENCROACHED AND FRAUDULENTLY PARTITIONED PREVIOUSLY. THOUGH THE IMPERSONATOR HAS ANOTHER LAWYER REPRESENTING THE CRIMINAL CASE, THERE IS EVERY LIKELYHOOD OF A COMPROMISE AND FAILURE ON PART OF THE APP TO PENALISE THIS CULPRIT. I AM THE COMPLAINANT IS THERE ANY THING I CAN DO TO PREVENT THE MISCARRIAGE OF JUSTICE.
Anonymous
26 April 2011 at 17:34
Respected Sir,
I am a dealer in monofilament cloth and narrow woven fabric and covered under the vat act2003 under sh.1 37A.It states textile fabric made of artificial silk is exempt from sales tax.Howerver there is confusion arising with our product and it is been confused with HDPE Fabric and hence taxable.We moved The Sales tax tribunal court stating that the textile fabric goods are covered under additional duty of central excise act and earlier goods like mosquito net,elastic tape was made exempt under this context.The court directed us to move to the Finance Secretary and he will dispose of the matter within 4 months from the date of submission of the papers.
I deposited the papers on 22.9.2008 and till date no response.
However with the passing time goods were seized and relesed by the officers recording that monofilament clot is a textile fabric made of artificial silk and no way bill is required for the same to import these goods.The officer in charge have made assessment stating monofilament cloth to be tax-free goods.
Now recently goods are seized and upon production of the relevent papers the central section dept.are of the view that if the Finance Secretary has not considered the matter they cannot establish any view.
Even notification under Sec8(5) of WB states artificial silk will have the same meaning as under additional duty.of excise.
There are many case laws to establish the diff. between HDPE Fabric and monofilament fabric.
Now I am in a mess and am unable to decide how to proceed and who can actually decide and identify the product.
Please help.
Regards
Sanjay.
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