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adityagundecha   15 June 2016 at 19:34

About anticipatory bail

Sir, pls revert me soon.
When any anticipatory bail is pending before the hon'ble high court which is pending at present and he has also file the anticipatory before the session court can anticipatory bail filed before session court is maintainable pls support my query by supreme court judgement.

jatinkumar   15 June 2016 at 19:13

dishonour of cheque and sale deed

Dear experts sir,
In 1998 my uncle son gave c.a exam, my uncle told him to join c.a for practice so he joined nearby c.a office, after one month c.a ask my uncle to give loan of 1,75,000 as he wanted to go abroad, my uncle gave him money through cheque. But the c.a. visa was rejected, so my uncle asked him his money back but c.a keep on giving false promises. Out of flase promises one promise he made that he will give money by selling his flat, then c.a. executed one sale agreement with my uncle of the siad falt in 1998 with a consideration price of rs.350,000 out of which 25000 was paid by cash, rs 75000 by cheque and 25000 by cheque, sale agreement is not registered only signed by parties and withness on 100 rs. Stamp paper. But c.a. did not executed sale deed in favour of my Uncle. And mr.ca. sold that flat to other party.
Therefore my uncle asked him to give his money back , any how mr c.a issued cheque in favour of my uncle amountin rs. 25000, dated 3/5/2005, rs. 25000 dated 03/06/2005,and rs, 125000 dated 5/09/2005, but again dated 19/10/2005 mr.c.a gave my uncle one request letter stating that he will honour cheque in 10/11/2005 or if not honoured my uncle can take legal action agianst mr.c.a. so my uncle waited, but again one more letter came on 07/11/2005 statting that due to diwali i cannot clear the cheque so again my uncle waited , then again on 24/11/2005 one more letter came stating that he cannot clear the cheque he request to give money in small interval in two money , but my uncle did not belive his promises and wrote him letter that i no more belive you , your intention is not to honour the cheque, since last sux month you are avoiding to honour the cheque .before due date of cheque you are requesting us to deposit the said cheque in the next month, and requested fresh cheque or othwise ti go legal action. Therefore agian mr c.a ask time and my uncke waited but he was not issuing fresh cheque,but any how throug some friend of my uncle c.a. issued fresh cheque dated 25/05/2016 of rs. 100000/- which my uncle gave in bank for clearing but cheque dishonour on 01.06.2016 showing account blocked. Now what are the remeady for my uncle to go leagl pls give suggestion thanks in anticipation.

srinivas   15 June 2016 at 18:53

power of atorny

Please let me know The power of atorny can be issued on agricultural land

Tom   15 June 2016 at 18:35

Tds under 194(1) for property purchase

Husband & Wife jointly purchased under-construction property from a very reputed builder in Bre. The buyers are to deduct 1 % TDS from the sale value. The builder got us to sign in the purchase agreement that he will file the TDS on our behalf,to help us ostensibly, but actually to get his TDS credit on time with out any error ! This is a usual practice followed by big time builders. As per IT rules, TDS on the installments have to be remitted by each of the joint buyers for 50 % of the installment value. Unfortunately the builder deducted full TDS from the 1st named buyer only, with out consulting us,may be for his own convenience. This is clearly against IT rules in force,although full money due to govt has been remitted. If the mistake is not corrected,ITOs may issue us notices and harass us. Is there any way of rectifying this mistake other than by obtaining refunds and re-filing, which would entail paying huge amount as penalty, fine, interest etc.? Can some Tax lawyer/practitioner undertakes this task for us ?

KETAN J SHAH   15 June 2016 at 18:09

Probate on will

Respected Doeb Sir and all the experts.
My query is if I am ready to share the 20% rent with three other family members then do I need to go for probate.

As I have said earlier in my query the will of my father is not registered and I am the benificiary of the assets of my father as per the will. I have received all other assets except the rent received from the Bank.

Please advice wether I need to take a probate even if I being the benificiary and I have No objection to share the Rent with the other legal heirs

Thanking you in advance

Sandeep   15 June 2016 at 17:56

Cancellation of car booking

In April end I booked a Tiago car from local TATA car dealer at Nasik with Rs. 20,000/-. As going to buy a car the person from dealer end came to my home & collected cheque of RS 80,000/-. Also after 5 to 6 days, I went to showroom to check availability of car. There I saw a car is there & I got happy. Same time I gave them a cheque of RS 1,00,000/- & one cheque of Rs. 2,30,623 dated 5th of May for balance amount. Before end of April I gave them Total RS. 2,00,000/- & one post-dated cheque of 2,30,623/- only.
Due to having difficult to manage balance amount I decided to cancel the purchase of car & asked dealer to refund my money back after deducting the RS. 5000/- for cancelation also I collected my post-dated cheque also.
But at this point I had know that they have already invoiced the car & insurance on my name on 23rd of April. Even when I just paid RS. 20,000/-. (Twenty thousand)
Now they are not refunding my money (Rs. 2,00,000/-) back and asking to deposit balance amount & take delivery of the car.
Mean while I bought a second hand car from my relative & I can not buy another new car. Please advise how to deal with this.

sudhakar s. yeradkar   15 June 2016 at 17:54

Execution of power of attorney or associate memebership

Respected sir,

My wife is the member of Co-op Housing Society as the flat is on her name. The society is charging undue and unofficial charges in the maintenance bill for every month which are not permissible by the Bye laws of the Co-op Hsg societies.

Being a member of society my wife and few members are resisting for the charges but society committee is not considering their request b'coz of lack of majority. What would be provision if I wanted to become a member of the society and to attend AGM of the society.

I came to know that I can be a associate member but no permission to speak in the meeting or take part in the discussion in the meeting.

I seek your kind guidance how I can attend the meeting and discuss with the society committee members for justice.

Waiting for your expert advise.

Thanks.



Karunesh   15 June 2016 at 17:22

Service tax on under construction apartment

I have purchased an apartment in electronics city Bangalore which is under construction. Recently Delhi high Court Ordered Service Tax Exemption for under construction apartments. I checked with my builder but he says it's not applicable to Bangalore. I have asked for justification which he will give by next week.
I need your help.. is it possible? What should I do next?

Rakesh Negi   15 June 2016 at 16:49

Limitation for appeal before high court in service matter

Central Administrative Tribunal has delivered its order on 15-03-2013 in favour of applicants. What is the time frame or limitation in service matter to file an appeal before High Court? And under which Act limitation of service matter is covered.

n v subba rao   15 June 2016 at 16:48

Need a council practising in cuttak high court

Hi,
We have our council here in hyderabad. He takes the lead in our case. But the case should be filed in HC, Cuttak. So we need a council in Bhubaneswar/Cuttak who can look after the case when our Hyderabad council is not present. The preparation of the petition and main arguments will be done by our council in Hyderabad. We don't need very senior council for this case. We need some one with few years of experience in HC Cuttak and well versed with court procedures.

Please let me know whether you are interested along with your fee.
Thanks
N.V.Subba Rao
naginani@yahoo.com