aastha sharan
26 July 2017 at 15:55
what are the laws governing the digital signature in India?
I am aware of the IT act provisions, and the evidence act provisons but here is the query.
"Section 47A, says when the court has to form an opinion as to the digital signature or any person, the opinion of the certifying authority which has issued the Digital Signature Certificate is a relevant fact. It means while drawing the conclusion, court gives the weight of the digital signature as a relevant fact."
-in the above. who is the certifying authority? is there a list?
-also, is a agreement based on digital signature, binding? how?
-what is the government affiliation on this?
Vivek Kumar
26 July 2017 at 15:26
Sir
I am a resident of Jamshedpur, Jharkhand and I have SC Certificate from Munger, Bihar (My Birth Place). Signed by DM. The certificate is hand written dated 26th Sept 1997.
Whether this certificate will be accepted in Govt Job? I am going to have an interview for SBI PO within a month.
satyam
26 July 2017 at 14:06
Dear all,
I started working in a company and i left the job after a month and i told them that i am suffering from fever so m unable to join and after 6 days i resigned through mail but they didn't replied..and at the time of joining they took a blank cheque from me as a security. And i was on probation period.
And their terms for probation period are: You will be on probation period for 6 months and your services are liable to be terminated by either side without assigning any reason and/or without any notice or without any payment in lieu of notice.
(According to my offer letter)
Now they put cheque on bank for recovery and they are saying you are absconded that's why we are recovering the amount.
Now what should i do even i have resigned after a week from the day i stopped going to office. Currently i have stopped their cheque. Is it possible that they may take any legal action against me?
Darshan Gosalia
26 July 2017 at 13:21
I am a resident of Mumbai. My grandfather had nominated my grandmother for the immovable property in the nature of flat in a co-operative housing society owned by him. My grandfather passed away last month. Now, we have submitted the documents required for the flat to be transferred to my grandmother as required by Maharashtra State Co-op Act, Rules and Bye Laws (Bye law No 34). However, the housing society claims that my grandmother, being a nominee, can be admitted only as a nominee member. She can act only as a trustee of the said flat. Hence, she cannot sale the said flat. The Act mentions that on death, the property shall be transferred to the nominee. It no where mentions that the member should be made a nominee member. By the term 'transfer', I understand that on transfer, the transferee shall have the absolute right over the said flat to deal in any manner as she deems fit. I would like to know whether the society's contention is true to make my grandmother a nominee-member? If so, to what extent? What other procedure should be followed to make my grandmother a full-member from the current nominee-member? Can a housing society restrict a member's right to sale the said flat? Is the flat 'transferred' or is it 'transmitted' on death of the member? If it is 'transmitted' what are the legal differences from 'transfer'?
Anonymous
26 July 2017 at 13:06
Sir/Madam.
I am a Law Student(BBA LLB) & wanted to pursue 3 years CA degree after completion of Law course.
It would be very helpful, if you suggest me about addmition regardings in 3yrs CA course and in which institution.
Thank you.
KETAN J SHAH
26 July 2017 at 12:57
respected Sirs,
I am a Landlord and my property is in Mumbai. In 1970 the property is leased to a Nationalised Bank. with a monthly Rent of Rs.0.75 ps per sq.ft for 3765 sq.ft area. The Lease was for 75 years with 3 options of renewal at interval of 25 years each. In 1984 additional 1000 sq.ft was leased to Bank with a monthly Rent of Rs.6/- per sq.ft for this premises. After the end of first lease period and with continuos corespondance with Bank the Rent was increased to Rs.15/- per sq.ft for both the premises with 4% permitted increase every year.. The offer letter sent to me was for 10 years and 4 options of 10 years for renewal. However when the fresh agreement was sent to me it contained the clause that the renewal lease would be for 50 years and No Option of Rent revision.
Now today the Rentals in our area in Ghatkopar are Rs.300 to Rs.400 per sq.ft. I requested to Bank for upward revision but Bank says they will not entertain any request by me until the expiry of Lease period which expires in 2044. I have been in constant correspondance with Bank for increase in Rent but Bank is not ready . I told the Bank that just for one sentence that the Rent to remain the same till end of the lease period I should not be penalised and made to loose the monetary benefits. I do not have any other business and I am totally dependant on the Rent . But Bank officers are not ready to listen.
In todays life it is very difficult to manage with such meager Rent. In fact Bank has increased the Rent of many of its other Branches in Mumbai. But they are not ready to discuss the matter with me.
I can go for litigation as I am having the original offer letter and all other corespondance entered into with Bank but as it would take many years to get a result at present i do not intend to enter into any litigation.
I humbly request you to suggest me somre means by which without entering into any litigation I can convince the Bank for increase in Rent.
Awaiting your reply and Thanking you in advance
Member (Account Deleted)
26 July 2017 at 12:46
In my village Rama Temple is there still now we are doing any pooja because of its incomplete construction, lack of money problem, So i heard somewhere it's better to put a Charity on the name of Temple you can get some donations, So could you please help me the process to put a Trust on the name of Temple.
Name- Venkat
Contact - 9493928299
gopal
26 July 2017 at 12:28
Respected Experts,
I am from tamil nadu, my father got a loan with his one and only one younger brother, from the bank on 1986 for purchase of tractor to the undivided family. Later on both are gone for partition in 1989 ,during the partition the younger brother requested the tractor to alllot him he will pay the loan amount to the bank.
My father agreed and allowed to allot the tractor for his brother. in 1992 the bank filed a recovery suit to recover the loan amount from the loan borrowers. my father went to the bank and informed that during the partition the tractor was alloted to the younger brother who is a 2nd borrower. the bank officials told that you no need to appear in the suit so that the suit will get ordered soon, once we recover the entire loan amount we will send the information to you.
even after that my father did not concentrated on that ,the bank got favour decree and judgment.
Based on the favour decree and judgment the bank recovered the entire loan. when ever my father approach the bank official they inform that the loan is still pending.
So I submitted the RTI applications and asked the staus of the loan amount ,the RTI officer of the bank stated that on 2009 the loan is stilll pending. even afeter in anouther case on 2013 the bank filed an affidavit stats that the loan is still pending.
then on 2016 september last week my father obtained a xerox copy of the document that the document is an NOC given to the 2nd borrower of the said loan on 29/09/2014.
then immediatly 02-10-2016, i send a legal notice to the bank that they are neglected the 1st borrower ie my father and issued NOC to the 2nd borrower.
Even after sending the notice the bank did not provide any reply.
So I filed a consumer complaint on Consumer forum. The consumer forum taken my complaint in SR catergory and dismissed the complaint stating that the complaint to be filed with in two years ie 28/09/2016.
My request to the experts is
Now I have to file a Appeal to the State Consumer commission or I have to file Revision Petition to the State Consumer Commission.
kindly clarify that if a complaint dismissed in the SR level , which has to file either Appeal or Revision petition
So that i can prepare for the appeal
kindly provide the information to me
Thanks and regards
nandagopal
Udit
26 July 2017 at 11:35
Dear sir,
I filed a complaint u/s 120b, 147, 342, 347, 348, 380 and 447 IPC against following accused 1. Accused A, 2. Accused B, 3.Accused C, 4. Two unknown and unidentified person in the uniform of police sub inspectors along with 4 other police personnel, 5. 8 to 10 other unidentified person.
The complaint was dismissed by the magistrate hence a criminal revision preferred by me and in the criminal revision all the above accused i.e. accused 1 to 5 are made opposite party. Three of them who are named in the revision as well as in complaint were summoned by the court and these three accused has appeared in the court.
Serial no. 4 and 5, who are unidentified and unknow person can not be summoned. The lawyer of the oppisite parties no. 1 to 3 has raised an objection that the opposite party no. 4 and 5 have not been summoned hence the proceedings of criminal revision is vitiated and the revision should be dismissed.
My question is that:
1. Can the unknown and unidentified person be not made party in criminal revision?
2. Now, when these parties have been made party what will be the impact on the criminal revision.
3. Is there any way to ractify the mistake, if any or any amendment may be filed.
Please help.
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land purchase value is lower than circle value /income tax
My Company is purchasing agricultural Land from farmers. During registration it is found that Actual transaction value is lower than Circle value and is paid stamp duty on circlet value. Now my point is that the difference of transaction value and circle value will come under Income Tax from undisclosed source and will be taxed. This quite a fictitious assumption by Income Tax authority.
My question is that 1) How this draconian rule can be avoided ? 2) How I can prove my genuine transaction at present market rate ? 3) What precautions should I adopt to prove my genuine purchase and avoid Income Tax liability?