prakash.morey@gmail.com
09 April 2019 at 18:29
I had purchased flat in the name of Myself ( First Owner ) and Mother name ( Second Owner )we both had filled up nomination form giving my Son's name as nominee. Now my mother is expired and I want to include my son's name in the share certificate. what is the procedure?
kulwant singh
09 April 2019 at 18:06
Dear Sirs,
I Kulwant Singh have recently sold a shop for 70Lakh which has resulted in long term capital gain of 30 Lakhs. I would request you to guide me on the fact that if I can save capital gains investing in another shop or it can only be saved by investing in residential property. For your information I already own one residential flat in my name. Can the capital gains can still be saved by investing in residential property.
I would appreciate your help to resolve my issue.
Thanking you in advance
Thanks & Brgds
Kulwant Singh
madhusudhana rao
09 April 2019 at 17:23
Dear Sir,
I field a criminal case in 2010. Accused after receipt of summons from trail court, approached Hon’ble High Court to quash the proceedings U/S 482 Crpc. After 7 years of stay, ultimately the said application of the accused was dismissed in the year 2018. As against the dismissal order, accused appealed before Hon”ble Supreme Court and got stay order on 8-5-2018 in SLP(Crmnl) as under:-
“Issue notice. In the mean time there shall of stay of proceeding before trail court.”
As of today, the matter is pending before Hon’ble Supreme Court and may take time for final disposal.
Now the issue before trail court is, we ask trail court to proceed with the next step of trail since there was no extension of stay order after lapse of six months - in view Supreme court 3 judge bench ruling in Asian Resurfacing of Road Agency Vs, CBI, decided on 28-3-2018 . But accused argument is that, they got stay order from Supreme Court hence the above cited ruling is not binding on Supreme Court orders and they need not present before trail court.
Nowhere in the above cited judgment specifically it is mentioned that the said ruling is not binding on Supreme Court orders. So in the absence of such ruling, other side argument is valid?. Most importantly, the intention behind making such law is to curtail unduly delay on account of Stay, where both civil and criminal cases are pending at trail stage for decades. To remedy such situation the law was made. When such is the intention behind making such law, accused interpretation is valid?
The above cited judgment was delivered by a bench of 3 judges and the accused got stay order from bench of 2 judges. Whether, larger bench of Supreme Court judgments/orders are binding on smaller bench of supreme court orders or not?
Kindly enlighten on the question of law.
arvind
09 April 2019 at 13:33
What are the documents should i check before finalising a deal for a resell plot in Madhya Pradesh to make sure that there is no dispute or legal obligations on this property.
HARISHANKAR ROY
09 April 2019 at 12:54
Dear Expert,
What is the complaint provision against cheating.. The brief details are: MR A gives cash amount to MR B(Hand) in front of MR C(Mediator) & trf in bank account also, for the purpose of Visa, but work not done and payment also not return then how to recover the amount and what is the provision under law... Does MR C is also liable or not? Because MR C said that i just introduced you and it was your responsibility that make sure about work.. I am not liable....
Please suggest what action i can take...
Anonymous
09 April 2019 at 11:51
Greetings!
In a town of Bulandshahr, after the U.P. Zamindari Abolition came into force the State of U.P. started realizing rents from all the tenants/occupants of every khasra, agriculture of otherwise, on a false claim that after Z.A. act all lands have vested in the state (except two plots where there was actual Abadi).
There was a controversy regarding the boundaries of town area, thus the applicability of U.P. Zamindari Abolition Act. In 1962 while the matter regarding the boundaries of town area was pending in a civil court, the state of U.P. carried out consolidation of the entire town, including the admitted abadi plots. As a result, not only all khasra (plot) numbers were changed but also their size. U.P. state was defendant and we were as plaintiff in this case. Judgment came out in 1963. DJ upheld the civil judge’s verdict on 1966. No further appeal. No U.P. Urban Areas Zamindari Abolition Act ever came into force in this town. Court admitted the list of all our tenants on agriculture or non-agriculture lands.
As I know, consolidation Act would apply only to the areas to which the provisions of the Zamindari Act would apply. We have tenants in agriculture lands through lease/patta given before and after Z.A. act. The lands where we have these tenants are according to court’s verdict are inside town area (urban) limits, but according to government they are outside. Sometime after consolidation in 1962 government issued Bhumidhari sanads to the occupants these lands. They got their names mutated in revenue records.
Now once again consolidation proceedings have been initiated and they are presently in progress. Do we have any rights left in these lands, which were confirmed by the court in 1963 and again in 1966? If yes, how do we proceed?
Regards
madhusudhana rao
09 April 2019 at 11:29
When, criminal trial proceedings of lower court are stayed by single bench supreme court order during the notice period, does such single bench stay order of supreme court without any extension of stay by speaking order automatically gets vacated on expiry of six months or not? - In view of the Supreme Court 3 judge’s ruling ---- in Asian resurfacing of road agency pvt ltd & anr vs. Central bureau of investigation decide on 28-3-2018.
Such ruling of 3 judge’s bench will prevail over the single bench ruling or not ?
can we proceed with the next step of trail at lower court?
Anonymous
09 April 2019 at 11:28
Dear Sir,
I am selected in recruitment in main list under ph category. But till last date 4 people from main list not join and after 3 months 4 people's reserve list is declared and they join. Where will they stand in seniority list? Means seniority list will be prepared on the basis of marks obtained in competition or the second list candidates will come at last?
Please guide.
Regards
Surender
09 April 2019 at 07:43
Hi,
I have younger brother and as guardian I took all the responsibilities for his marriage. 6 months post his marriage, he decided to get divorce. Which all cases his wife can file on us, any cases demand to go to jail & any cases impact my professional job?.
Can any case stop my on-sight trip to other countries?
Thanks,
Surender.
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Want title clearance certificate for company loan
Sir,
I want to purchase a flat and for that, I am taking a loan from the company where I am working. because the company wants legal opinion in original from an Advocate in the name of the employee should cover 1) Updated Title Clearance ( Search Receipt from registrar office), 2) Certifying Nil encumbrance by taking past 13 years.
Kindly let me know what are all expenses will be?