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patter   11 June 2015 at 16:35

Use of surname

My wife and I (both Hindus living in Mumbai)were given mutually consented divorce by Bandra court in Mumbai. One of the mutually agreed conditions, which appears in the decree too, is that she should not use my name and surname and that she should remove the same from all her documents, bank accounts, passport, ration card, hsg co-op membership etc etc. Her first name was not changed after the marriage. Before marriage, she was using her father's name and surname. Even 4 years after the divorce, she is using my name and surname. Is she required to publish the change of middle name and surname in the gazette? I believe since the court has forbidden use of my name and surname, it is not necessary. Once the marriage is annulled, she goes back to her previous status. Cannot she use her original middle name/surname from the date of divorce without publishing in gazette? How can I stop her from violating the court order (that is, use of my name and surname)? Can I claim compensation? Can I resort to contempt of court proceedings?

JAGANNATH RAO PARINAM   11 June 2015 at 16:03

Income from interest on fixed deposits

Dear Sir,
An indidual has interest income of say Rs 150000/= on Fixed deposits and he does not have any other income.He gives form 15 G to banker and banker does not deduct any TDS,since his interest income is less than the taxable limit of Rs 250000/=

My query is that since his income is less than Rs 5 lacs p.a and below the taxable limit of Rs 250000/= ,is it mandatory for him to file income tax return.

P.J.RAO

Vijaya Bhaskar   11 June 2015 at 15:53

Property tax for charitable public trust

Dear experts

We are a charitable trust having own building and we are paying yearly property tax. Just wanted to know is there property tax exemption for charitable trust. If exempted, under which act and clause can I look in. Please suggest.

Advocate M J   11 June 2015 at 15:49

E-katha

Good Afternoon
wht is the procedure to procure E-katha.
Whr can we find the provision of E-katha or which site can we get the information of E-Katha
Thanks
MJ

Adv.Vishal Anil Vyavahare   11 June 2015 at 15:17

Regarding notice of LIS PENDENCY

Respected sir,
My client filed a suit for declaration and injunction in cjjd court. Afterwards he registered a notice of lis pendency in the office of sub registrar.
Then he apply with revenue authority to take the mutation entry regarding lis pendancy in revenue record and extract of suit property. But third party along with defendant challenge that such mutation entry should not be registered as third party is not made party in suit.
So it is my question that whether registration of mutation entry to revenue record and extract of suit property can be challenged as it is mere notice about pending suit?
Please guide me on this issue. ..

Thanks and regards,

Vishal A. Vyavahare
Advocate
09371821992

navi   11 June 2015 at 15:16

Unregistered will

if the unregistered will is with the executor after the owner what are the points to be taken care of ?
pls guide as soon as possible
thank u .

sandeep nair   11 June 2015 at 15:14

Query regarding sale of flat

I am selling my flat which I had bought from a widow the joint owner of the flat with her husband (expired)also she had a minor son at that time five years back.The present buyer's loan financing bank has asked for the following documents

1.Certified copy of Court Order to sell the said Flat wherein the
right, title and interest of son as a Minor is involved.

2. Copy of Notarized Affidavit – cum – Undertaking dated ___ executed by the
Legal Heirs stating that they are the only legal heirs and they have no objection to transfer their rights
title and interest of the said flat in favour of the wife

3. Copy of Will of her husband who has expired.

4. Copy of Probate of the Will/Succession Certificate/Heirship Certificate issued by
the Court in favour of the legal heirs of the first named owner ie: her husband
whereas we had submitted a notarized affidavit by the minor son at that time.

My question is will I have to arrange for the above documents if i have to sell my flat.
Please guide.

suffering   11 June 2015 at 15:11

Filing pre hearing application on high court

Hi,
My current lawyer is telling not to move pre hearing application as current bench judge is not good.
Is he doing right? I have got aquitted from 498a and all evidences against my wife for mental cruelity are present. Can still judges go with there own discretion?
I have been eagerly waiting for my court case to get completed and my father has got heart attack due to prolonged fighting in Indian Judiciary.
My MFA is pending since last 2 years in high court.And date is not coming at all.

bijukumar   11 June 2015 at 14:56

Case against car company fiat

I HAD PURCHASED A VEHICLE FROM FIAT IN DEC 2009. ON 18.08.2014,I MET AN ACCIDENT AND MY VEHICLE SUFFERED SOME DAMAGES AND REMAINED IMMOBILE. Since 22.08.2014, I have been in regular contact with FIAT for servicing and repairing of my vehicle. Since that time they have been misleading me by saying that their workshop at Guwahati and in the region will be ready in next 10-15 days and my vehicle will be served on priority basis. Now ten months has been eclipsed and on numerous dates given on writing, they have failed me. I have records of mails sent and received from. I have also sent a notice to them through post with acknowledgement card in the month of January 2015.

I have also offered them my permission to provide services and hence restore my vehicle anywhere.

Regarding the accident, I have already put up a claim with my insurer. The insurance company said, they need a quote from the workshop to start their part of work. FIAT even failed to provide me the quote or even inspected by vehicle despite the fact they gave in written that they will send somebody to inspect my car. Neither FIAT made the parts available or wanted to supply me.

Based on the above and all my recorded communication Can I claim a compensation suit against FIAT, as I have gone through lots of economic/professional losses as well as tremendous harassment. They not only didn't provided services or restored my vehicle but also mislead me occasions after occasions towards their readiness of providing services to me.

xyz   11 June 2015 at 14:40

High court - writ ipc 307

This is the case in which IPC 307 falsely registered by police where there is minor injuries and hence bail was given to 3 accused out of 5 within 2 days of arresting in session court.
Now as 307 is not evident all the evidences states that it is only 325. No chargesheet has been filed yet. we hired a lawyer in high court for getting the same day hearing order in session court. But the lawyer applied wrong WRIt for quashing the FIR instead for same day hearing or arresting stay. And High Court rejected the plea for quashing the FIR.

so the question is can again a plea be applied to high court asking for same day hearing orders or arrest stay?? As in earlier writ it was not applied nor stated anywhere. Kindly reply.