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Ankur Singhal   15 February 2017 at 12:33

Whether huf can become partner in partnership firm

There are many confusion and many favourable & unfavourable decision of courts but doubt is still pending. Whether a HUF can become the partner in a Partnership Firm.

mahmood mithani   15 February 2017 at 12:28

Bank cheated me by debited service charges without disbursing the housing loan

I did applied to DCB BANK Ltd., Mumbai for housing loan in october,2016, they sanctioned the loan on 3rd november,2016, the bank employee took the service charges cheque on 27th oct,2016 saying that he will the put the cheque in once property registration done & i ll submit the original document with the bank.
My property registration is done on 19th november,2016 - i never submitted the property document to the dcb bank, never took the housing loan from the dcb bank.
But to my surprise the bank debited my cheque of Rs.22875/- as service charge on 28th oct,2016, i am complaining this to the bank since last 3 months they do acknowledge the complaint but never reply it, i have also complained to BANKING OMBUDSMAN RBI - vide complaint no.019720 dt.14th dec,2016 but nothing is happened till date.
my question is what should i do next? shall i approach consumer court too? if yes please help me in providing me procedure & mumbai consumer court address

Nikhil   15 February 2017 at 11:07

Nuisance by neighbours

I stay in a bungalow in a residential area. I have a neighbour staying in a bunglow opposite mine. The neighbour has sons who call thier friends all the time and keep sitting at the corner and creating noise. Chit chatting , shouting, abusing , all things that college going brats do. I have still been tolerant. They have also used firecrackers many times but i have tolerated. Now, there is a situation that whether the neighnours kids are around or not, there is always a bunch of boys sitting there. One goes , another comes. Recently they telecasted a match using projector and screen on the road , on the corner. What action should i take to stop this. With respect to firecrackers burst in the afternoon , with respect to match telecast and if possible restricting the number of boys collecting there. Many of the boys stay in the same lane but not my corner. Thanks

MANOJ   15 February 2017 at 10:53

Mavt -set off in case of truck & tractor

Dear Sir

Please guide me as to whether vat credit is available on tractor & truck.The use is for business & not as passenger motar car.

This is because no vat credit is generally available on purchase on motar car.

Please quote any case law ,notification etc,

Thanks

shreetha   15 February 2017 at 10:07

Change / addition in surname

Respected Madam/Sir,

Kindly guide us with the following issue...

Savithri Bhat (DOB 05.09.1971) married to Manjanath Bhat (DOB 25.01.1965) on

22.04.2001, a baby girl Ishani Bhat born on 04.04.2002. Savithri Bhat lost her husband on 25.09.2002.

She got married to Satish Gajanan Hegde on 02.09.2010 who has a daughter, Prerana Satish

Hegde, from his first wife who has expired. Savithri nor Ishani has changed their surname

after second marriage.

Ishani Bhat will be appearing for her 10 th std. CBSE Board exams next year (2018) and she

has sent details to CBSE Board without any change in her surname.

Ishani has traveled to USA along with her Mother in 2009 and at that time her passport had details of her Father late Manjanath Bhat. Now her passport has expired and has to be renewed. Satish Hegde has updated his passport with Savithri Bhat as his spouse name. But
Savithri Bhat has not changed any details in her passport. Prerana does not have any passport yet.

Now if they have to travel abroad, it would be difficult for them to travel as a family.

What are all the options available to them under the above scenario? Whether they can add Satish as her guardian in her passport and in all other documents. They don’t want to change Ishani surname. What about Prerana passport, whether they can add Savithri Bhat as her guardian and late Saraswathi as her Mother.

Anonymous   15 February 2017 at 09:24

Wrongfully dismissal of CEO General Manager

I have query belongs to my Late Father who was a CEO General manager of pvt. ltd Bank from Gujarat.who was wrongfully dismissed by Bank's board of directors.
My father joined bank in 1975 as very lower cadre, after his hard working and Conscientiousness
He gotten promotions, and once he was appointed as a CEO General manager of Same Bank in 1985,
In 1985 When my father appointed as a CEO General Manager bank's capital net worth sum of rs. 60 lakh and after my father take placed for managing bank, its capital has been more than sum rs. 60 crore,under my father's management & Directive.
And also this bank became first fully computerised banking system successfully started in appropriate banking sector,
In 2004 At that times Bank's directors out of some directors have self bad intentions.(Especially chairman) They want to cheat with bank & want to tackle all power from my humble and loyal father with remove him and done to wrong and bad things with bank.
But when my father been known they all have antipathy with my father And start to harassment and wrongfully blaming my father and abuse power and misusing their authorities.
Unfortunately in 2005 so much conclusion and suffered due to circumstances and Persecute
they died as heart attack.
My father never have any fury with banking Directors and never want to such little harm to bank directors Even if they all are never left any bad things for done unkindness and injustices,
We get monthly family pensions sum of rs.2000 only from 2006 and never increased for once.
I many times requests and compliant to urban banking department , RBI and appropriate level but I can't getting such effective proper response for Prove innocence and alleged offensives.
Now I want The fight for truth and sacrifice Holocaust and self-respect,fidelity until the my end.
I request to you that please advice me and further for how can I legally take action and when?
And what the important things if any You must thing to be aware of me.

Anonymous   15 February 2017 at 09:04

Exemption of parking fees for defense personnel

Sir is there exemption of parking fees for regular serving defence personnel in mall, cinema hall for their private vehicles. If yes then can u kindly give the authority letter. Information on this is needed urgently.

Sanamdeep Singh   15 February 2017 at 08:35

NI Act

I filed a complaint u/s 138 against company and its directors but the magistrate issued summon against director and not against company although company was made party no. 1 in complaint. The magistrate also did not mention any reason for not issuing summon to the company, in his order. Please advise, whether order against only the director is legal. What remedy available to me.

Snmurthykala   15 February 2017 at 08:28

Gratuity calculation - clarification - reg.

Sir,

We see a ray of hope!

This is to bring to your kind notice that I served in an NGO Hospital
for 6 years and resigned 9 months ago. My salary breakup was as under:

Basic Rs.6660-80
HRA Rs.2664-32
Special Pay Rs.7326-88
--------
Total Pay Rs.16652-00
--------

I request you to clarify as to whether the "SPECIAL PAY" be considered as "GRATUITY" calculation component since my ex-employer stating that 'Special Pay' cannot be considered as part of Gratuity Component hence, will be calculated
on the basis of the 'Basic' only.

Kindly advice terminology 'Special Pay' be considered in the absence of the terminology 'Dearness Allowance'. Look forward your kind support and clarification that will benefit about 250 employees those who are working in the hospital never ever aware of the Eligibility Criteria of Gratuity.

Best regards,

KS Murthy

Sashi Kumar   15 February 2017 at 07:36

Specific performance suit

I signed a sale agreement with a buyer In Feb 2012.
The Sale Agreement was Not Registered.
Buyer paid 10% deposit at the time of sale agreement.
Buyer agreed to pay 1st payment of 20% within one month.
Buyer did Not make the 20% payment before the agreed date saying that title is not clear.
I sent buyer notice letter to pay the 1st payment of 20%.
Registration of deed & Full & Final payment was due within 4 month.
Buyer did not pay 20% and the balance full & final payment before the specific date agreed on the contract.

I sent cancellation notice to buyer cancelling the contract and according to the forfeiture clause in contract, I forfeited the 10% deposit due to non performance of buyer.

In Jun 2015 I gifted this property to my children through gift deed.

Now in Feb 2017 I received Court Summon, that buyer has filed a specific performance suit against me, to sell the property or pay buyer 4 times the deposit which includes interest and damages. It shows buyer submitted documents for suit in court in April 2015 but After 2 years I received the Summon.

I have a Question:

I don't own the property anymore because it was transferred in Jun 2015. Does the buyer still have any right to claim specific performance on the property which I don't own?

Under what circumstances can the buyer claim anything on this property?