SANJEEV
22 September 2018 at 12:20
Dear sir
request informetino on - is accused presence mandatory during a final judgement on cheque bounce case - can accused be exempted from attendance
Anonymous
22 September 2018 at 12:12
I have a 30 years old property in AP to sell. Market value is 80L where as govt guided value is 41Lacs. Now all buyers that approached are ready to register only to 41Lacs in order to save there registration cost. However the difference money they are ready to do bank transfer or cash deposit and it is white money. In this case I have following queries.
1. What is the value sale deed to be prepared? 41 Lacs alone??
2. How should we deal the rest of 39Lacs -> cash deposit/DD??.
3. What is the way out for me (can I pay 30% tax for 39 Lacs and LTCG tax on 41 lacs but how will I declare the source and let govt know that buyers registered lower value??.
Please help.
Suresh Prasad
22 September 2018 at 11:16
Dear esteemed members,
My wife duped me into buying a property on joint name, since marriage, she kept asking for a bigger house and had been withholding sex for the demand, she even would not stay with me. Few months back, to make her feel secure, I brought a new house on joint name, where she promised to pay the EMIs however barely less than a month after the registry, she ran away from the house with all the jewelery and cash and has been falsely accusing and blaming me for non sense things.
I paid entirely for the property and the EMIs are being paid by me.
I love her a lot and had kept on fulfilling all her wishes since we married, however she was never satisfied.
The way, she and her parents are behaving right now, it seems that she's soon going to file false cases on me. I am in severe depression and am not in a state to work since many months, now I can't even afford to pay the EMIs, every conversation with my in laws, on selling the property, has failed.
What legal rights do I have to claim my property back.
Regards
ashok
22 September 2018 at 10:17
A criminal complaint was filed. Notice for calling of court records was issued by trial court. Moreover additional evidence were also added during the pendant of complaint from time to time
but No notice to respondents was issued. thereafter numerous hearings were adjourned on one pretext or other for about a year. Finally, on a specific hearing date, when the advocate happened to abstain himself from court proceedings due to "no working day" observed on the call of respective DBA and on the same day the said complaint was rejected , whereas advocate was expecting next hearing date.
Since, working of Hon'ble court judges are unaffected by "strike" or "no work" of lawyers, hence "appeal" on that rejection was also dismissed wherein advocate himself placed on record DBA notification, affidavit showing his non-appearance before trial court on the date of trial court order.
As such the poor, helpless complaintant has been left high & dry without giving any fair opportunity to represent before Hon'ble court. ..
Any advice/suggestions are solicited for further course of action, please
manivannan
22 September 2018 at 09:28
Hi Sir/Madam,
Two year back i gave some amount to my known friend for interest for his business needs and i took blank cheque(signed) as security. now i am asking him to repay my amount for the last one year. but he is not yet. when i think to file NIA 138 cheque bounce case i was told that i cant file a case with blank cheque(filled by me excep signature) as that would be cosidered as material alteration with security cheque i cant.
so i took a new cheque from my friend filled half of the amount for a particular date. now it has been filled fully by him and singed in my father name(crossed cheque) as i moved to foreign.
Can my father file a case under NIA 138 against him if the cheque bounces? or do i need to have any other documents signed from him? Also
1. Can cheque bounce case valid for any reason cheque bounce . for example if he given stop payment for that cheque number after giving it to me? or it is valid only it bounces for insuffients fund?
2. what action i/my father can take if it bounces for any other reason?
3. Can my father say in court that my son is in foreign so his friend gave cheque in my name which was not cleared. so i can file and continue the case?
4. do i need to physically appear in court for any reason? as i transferred money to him?
5. i paid him money through my bank account online (in 2 transfer). do i need to show any proof of income in any case(i can still show it as i get salary after tax deduction).
6. does my father has full rights to file a case as cheque was in his name? do i need to give any power of attorney?
Note : i have posted the same query earlier as anonymous (i dont know the rules of the portal as i am new to this site.). now posted in my login.
shyamal
22 September 2018 at 08:40
Sir
My father made a will where he gave a single storied building to me. There were 4 legal heirs. We did not take probate. Instead we did mutation in the municipality. In the form of the municipality and in the Affidavit, I was the first applicant and the rest followed.
However, my brother went for hearing in the municipality and we all gave him the power of authority .When I received the mutation certificate, I saw that the name of my mother was in the first place and the name of myself was in the second place.
Please guide me to know whether the Sl No of the names in the mutation certificate really matters in the ultimate ownership of the building or whether there is any procedure so that necessary correction can be made and bring back my name in the first place.
Shyamal.
4WhatIsRight
22 September 2018 at 02:50
In a suit for specific performance the defendant is not admitting the execution of the agreement for sale for property, but at the same time is requesting the court to impound the said agreement, as it is understamped, and levy penalty.
Can an agreement whose execution is disputed be impounded and penalty levied?
Anonymous
22 September 2018 at 01:00
Dear sir, I worked for CEAT Ltd. as Distributor sales Executive for 2 years. The Team Leader of Ceat ltd. Appointed me & said there will be incentives quarterly as per targets but when I asked him he avoided me & after six months of my joining when I requested to seniors in company for my incentives they asked TL to answer me then first he said my performance was poor & targets were not achieved & when I asked him details about targets & achievement I was shocked my targets were achieved almost in every month & he shared my incentive with other person with fake name who worked for distributor. He also not shown my name to company that I had joined for six months but I have enough records that I worked for feat because I used to claim tyres & make documents for company. Should I send legal notice through lawyer or go to labour commissioner office?
Anonymous
22 September 2018 at 00:44
I am divorced male age 35 who do not want to remarry.
I have enquired at few hospitals for getting baby through surrogate mother. There is no unanimous opinion regarding providing such service.
Some hospitals said they will do it as bill not yet passed and is before parliamentary standing committee.
Some hospitals said they wont do it for divorced/single men or women who want to get baby through surrogate mother.
The amount is 7-9 lakhs which I am ready to pay but as there is uncertainty as to legal standing of baby through surrogate mother, I want to know what is the position as on date with regard to this?
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Consumer protection act
hi we purchased 7 flat in a building for residential purpose as we need the same for accomodating company staff as well for family purpose. we are in flim production business. infact while making loan application it was purchased in the joint name of husband and wife who were the only director of firm and even firm was co applicant. accordingly loan was sanctioned and builder was paid. that however on site the allegd flat were not there and therefore we have filled consumer comnplaint.
1. am i am consumer ?
2. what other remedy I have against the builder ?
3. Can we also take action against bank who has disbursed loan against the property which was not in existence ?
Thanks for the expert for guiding juniar in anticipation