Anand
29 November 2009 at 05:51
I am separated in USA in the year 2001, after that my wife and daughter who is now 11 yrs old moved to India. I appealed for guilty in USA and came out clean after few days sentences on domestic violence case.
In the year 2006 my ex-wife approached family court in ban galore for
1) Divorce
2) Child Custody.
The same year 2006 she also approached to local police station given statement on
1) Myself 2) Mother 3) Father 4) my second brother 5) My first sister-in-law saying that they all involved in causing splitting her from me (Anand) etc etc
2) Police removed 4) and 5) – filed FIR on
a. 1) Myself 2) Mother 3) Father
QUESTION:
We approached on same year to High court for a quash –on my dad and mother.
Result came out – deleted my father name.
1) Is it possible to approach High court to quash my name, my lawyer told me in the year 2006 that it is not possible to quash my name as I am living in toronto etc etc...
2) Is it also possible to quash my mom to approach double bench high court.
The wife is not willing to give divorce nor setting the case through financially.
How can I resolve this case, it is almsot now 3 yrs..fighting the case in 2 states...bcoming serious pain in our life...
Sumir
29 November 2009 at 03:00
By, law, after how much time between crime commission and police complaint for registration of complaint is allowed?
By, law, after how much time between police inaction and application to magistrate for registration of complaint is allowed?
Debashis Mandal
29 November 2009 at 01:51
Respected Experts,
one lady who retired RBI employee, took Early Retirement under a scheme fraimed by RBI which is as per RBIs letter not a VRS scheme in financial year 2003-2004 & therefore she was not able to take the benifit U/S - 10(10C) of Income Tax Act. & a big sum was taken by Income Tax authority from her as TDS,
Subsequently from IT Tribunal & recently from a High Court a decision was taken that such scheme is a VRS scheme as the scheme is satisfying all the condition of Sec. 10(10C)& therefore the scheme becomes eligible for deduction U/S 10(10C), which is subsiquently intimated by RBI to all the previous employees who took retirement under such scheme at that period,
Now as the demand for refund was not claimed at the time of submission of IT Return & also the time for Revised IT Return has also gone, so ITO has refered the case to CIT & an application subsequently demanded by & also submitted to CIT U/S - 119(2)(b)of Income Tax Act. 1961,
Now CIT is keeping the case pending & advising us to wait,
Now my question is -
1. Is there any time limit within which period such case is to be complete by Income Tax Authority?
2. Can CIT deny to give the benifit of Sec.10(10C)?
3. If CIT denies to give such benifit then what steps can we take?
Pls. answer the questions
Thanks
Debashis
ss
29 November 2009 at 01:31
A plot measuring 160sq.yrds. was allotted to my late father under the East Pakistan Displaced Persons Scheme in Delhi against Category (b) of Note 1 under para (v) in the Press Note dt.4.1.66 of Governemt of India,keeping in view of the land revenue receipt submitted by my late father indicating the property held by them in East Pakistan and certificate of bonafied displaced person from East Pakistan. The property is a leasehold property in the name of by late father. My late father had migrated from East Pakistan during Dec, 1948 at the age of 5 years. My father died during Dec, 90 living behind three legal heirs ( widow wife, two daughters) without making any will. The elder daughter has two children (minor). please advise on the following points:-
(i) can I claim three shares i.e myself, and my two minor children in the said property as in my view my children are entitled as the property acquired by late father was in lieu of the property they had in East Pakistan earned by my ancestors in East Pakistan.
(ii) can my father make a will on a property which was in lieu of the property in East Pakistan and not earned by him. As per condition laid down in the lease that the lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said land of building thereon with the previous consent in writing of the lessor i.e Govt. of India.
(iii)can other brother and sisters of my late father and their siblings have a claim in the said property or legally entitled to file partition suit.
Kumar Krishan Agarwal Advocate
29 November 2009 at 00:57
1. In a suit for partition and separate possession can we sue as a pauper and indigent way so that no court fee will pay by the plaintiffs in the partition suit.
Or
The partition suit will not file without the court fee on each share ?
2. Will I have to get permission first as a pauper suit for partition from the court of law
OR
May I Attach/file an individual pauper application for exemption of court fee with the "partition suit petition".
Anonymous
29 November 2009 at 00:02
Our building is under construction and builder has formed provisional committee to have better control over maintenance work.
This provisional committee received many complaints caused due to nuisance caused by the Bachelors and Spinster tenants in the society such as having late night parties every week with loud music, Drinking liquor in society premises and going on top of the society terrace, Girls coming and staying overnight with the boy tenants (of course bachelors and same happening with boys staying over night with girl tenants). 99% of the society members complained about it and asked to expel bachelors and Spinster tenants. So this provisional committee has passed a resolution unanimously that no flat owner is permitted to rent his/her flat to Bachelors or Spinsters. Is this valid as per Maharashtara Society Act? If not then why? What action can society take against such bachelors and spinters if the resolution passed is illegal? PLS SUGGEST!!
Anonymous
28 November 2009 at 23:44
Hello,
i have a query,i have resigned from my current employer. As per my offer letter in case of resign "A candidate has to serve for three months or has to pay three month basic salary".
Now in my case i have given them only one month time in my resignation latter and i am not in condition to serve for all three months,where the company is forcing me to serve the entire 3 months period.
Is there any way through which i can get release in month month only by paying 2 month basic salary to them.
thanks.
Reshma K
28 November 2009 at 23:04
hi, Can you help me understand the difference between Rent agreeement and lease agreement or both the same.
Scenario / Question 1: For example in Bengalure, when I take a house saying I want it for rent, I pay 10 months advance of the month rent amount and then pay monthly rent. What is this - is it lease, rent - pls clarify.
Scenario / Question 2 - Again in Bengaluru (may be other cities also) we have an arrangement where in we pay for example Rs 3 lakkhs in the begining and stay for 1, 2 or 3 years and no periodical payment and when we leave the entire amount is paid back. What is this?? Poople generally call this as lease?
Question 3 - In Secion 105 of the TP Act there is mention of Price and then of Rent. What is the difference. Can you pls explain with an example the difference between the two.
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